Tribunal dismisses appeal for second driving instructor trainee licence

Background of the Case

The First-tier Tribunal (General Regulatory Chamber) recently dealt with an appeal involving Hammid Ahmed, who challenged the decision of the Registrar for Approved Driving Instructors. The Registrar had refused to grant Ahmed a second trainee licence, a decision made on 24 May 2024. The case was decided without a hearing, with Judge Bridget Sanger presiding over the matter.

Legal Framework

Under the Road Traffic Act 1988 and the Motor Cars (Driving Instruction) Regulations 2005, a trainee licence allows individuals to provide driving instruction for payment before they are fully qualified. To qualify as an Approved Driving Instructor, candidates must pass a series of exams, including a written test, a driving ability test, and an instructional ability test. Candidates are allowed three attempts at each part, and the entire examination process must be completed within two years of passing the initial written test.

Factual Background

Ahmed passed the first part of the examination on 31 May 2023 and the second part on 20 September 2023. He held a trainee licence from 13 November 2023 to 12 May 2024. Ahmed applied for a second trainee licence on 30 April 2024, before the expiry of his first licence. However, the Registrar considered refusing the application due to non-compliance with training requirements and insufficient progress in passing the instructional ability test.

Registrar's Decision

The Registrar refused the application, citing Ahmed's failure to meet training objectives within the initial licence period and the principle that trainee licences are not meant to be repeatedly issued until a candidate passes all exams. The system is designed to provide limited practical experience, not as a substitute for full qualification as an instructor.

Appeal Grounds

Ahmed appealed, arguing that he faced difficulties in booking test dates and needed more attempts to pass the instructional ability test. However, the Registrar maintained that the licensing system should not be used as an indefinite means to gain experience and that Ahmed had sufficient time to prepare.

Tribunal's Analysis

The Tribunal reviewed the evidence, noting that Ahmed had not completed the required additional training hours. Despite having over a year to prepare, Ahmed had not passed the instructional ability test. The Tribunal found that the trainee licence is not intended to be a perpetual solution for failing to pass the exams.

Conclusion

The Tribunal concluded that the Registrar's decision was correct, and Ahmed's appeal was dismissed. The Tribunal emphasised that Ahmed could continue to prepare and attempt the instructional ability test without holding a trainee licence.

Implications

This case reinforces the purpose of trainee licences as a temporary measure for gaining practical experience, not as a long-term alternative to full qualification. It highlights the importance of adhering to training requirements and making timely progress in the qualification process.

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