Tribunal dismisses appeal over driving instructor licence refusal

Tribunal Refuses Appeal Over Driving Instructor Licence

The First-tier Tribunal (General Regulatory Chamber) recently ruled against MD Mahfuzur Rahman in his appeal concerning the refusal of a third trainee driving instructor licence by the Registrar of Approved Driving Instructors. The decision, handed down on 4 March 2025, upheld the Registrar's original decision made on 7 August 2024.

Rahman, a trainee driving instructor, had previously been granted two trainee licences under section 129 of the Road Traffic Act 1988. These licences allowed him to provide paid instruction while he endeavoured to qualify as an Approved Driving Instructor. However, his application for a third licence was denied, prompting the appeal.

The appeal was scheduled for a hearing on 27 February 2025, but Rahman did not attend. The Tribunal considered proceeding in his absence, noting the importance of the overriding objective and the provisions of the Tribunal Procedure Rules. Despite some initial confusion over the hearing time, the Tribunal determined that adequate notice had been given.

The Registrar had informed Rahman that his trainee licence was automatically terminated following his third failure of the instructional ability test. The Tribunal found that this rendered the appeal academic, as the purpose of the licence was to gain experience to pass the test, which was no longer possible.

In his appeal, Rahman argued that delays and personal circumstances, such as his wife's pregnancy, impacted his ability to complete the necessary training. However, the Tribunal found these reasons insufficient to justify the issuance of a third licence.

The Registrar's response highlighted that the trainee licence system is designed to provide a limited period for gaining practical experience, not an indefinite opportunity to pass the qualifying exams. Rahman had already been afforded ample time and opportunity, having cancelled five tests and failed two others.

The Tribunal concluded that the Registrar's decision was correct, emphasising the public policy reasons for limiting trainee licences and the lack of merit in Rahman's appeal. The decision underscores the importance of adhering to the structured process for qualifying as an Approved Driving Instructor.

This case highlights the rigorous standards and procedural requirements for trainee driving instructors in the UK, reinforcing the necessity for timely and effective engagement with the qualification process.