Solman Ahmed Choudhury v Registrar for Approved Driving Instructors

This is an appeal against a decision of the Registrar of Approved Driving Instructors (‘the Registrar’) made on 22 October 2025 to refuse to grant the Appellant a third trainee licence.

The grant of a trainee licence enables applicants to provide instruction for payment before they are qualified.

A trainee licence may be granted in the circumstances set out in s. 129 of the Road Traffic Act 1988 (‘the Act’) and the Motor Cars (Driving Instruction) Regulations 2005.

A licence under section 129(1) of the Act is granted: ‘for the purpose of enabling a person to acquire practical experience in giving instruction in driving motor cars with a view to undergoing such part of the examination... as consists of a practical test of ability and fitness to instruct.’

In order to qualify as an Approved Driving Instructor, applicants must pass the Qualifying Examination. This comprises: the written examination (‘Part 1’); the driving ability and fitness test (‘Part 2’); and the instructional ability and fitness test (‘Part 3’).

Three attempts are permitted at each part. The whole examination must be completed within 2 years of passing Part 1, failing which the whole examination has to be retaken.

If a candidate has passed Part 2, they may be granted a trainee licence. The grant of a trainee licence enables applicants to provide instruction for payment before they are qualified. It is possible to qualify as an Approved Driving Instructor without having held a trainee licence.

The powers of the Tribunal in determining this appeal are set out in s.131 of the Act. The Tribunal may make such order as it thinks fit.

When making its Decision, the Tribunal stands in the shoes of the Registrar and takes a fresh decision on the evidence available to it, giving appropriate weight to the Registrar’s decision as the person tasked by Parliament with making such decisions. The burden of proof in satisfying the Tribunal that the Registrar’s decision was wrong rests with the Appellant.

The Appellant passed Part 1 of the Qualifying Examination on 29 April 2024. He passed Part 2 on 14 June 2024. He failed a first attempt at the Part 3 on 17 July 2025 but had cancelled two Part 3 test scheduled to take place on 27 November 2024 and 7 April 2025 and cancelled a further Part 3 test scheduled to take place on 13 February 2026. At the date the bundle was prepared, there was a further Part 3 test booked and scheduled to take place on 4 March 2026 although the outcome of this test is unknown.

The Appellant applied for a trainee licence which was granted and was valid from 9 September 2024 to 8 September 2025 following an application for a second licence.

The Appellant, applied for a third trainee licence on 22 August 2025 which was refused by the Registrar.

The reasons for the Registrar’s decision, in summary, were that no evidence of lost practice time had been provided by the Appellant and that the Appellant had already had a sufficient amount of time to gain experience to assist in passing Part 3 of the Qualifying Examination and that it was not the intention of Parliament that candidates should be issued with trainee licences for as long as it takes them to pass the examination, and that the trainee licence system must not be used as an alternative to registration as a fully qualified Approved Driving Instructor.

The grounds of appeal are, in summary:

The Registrar in his response states:

I read and took account of a bundle of documents.

I accept that the DVSA is facing delays and backlogs in relation to Part 3 test availability. However, I do not accept that the Appellant has struggled to obtain a Part 3 test date since he has cancelled 3 tests which have been booked and scheduled to take place on various dates. The Appellant provides no explanation for the cancellations.

The Appellant has failed one Part 3 test and cancelled three others. However, I note that, at the time the bundle was prepared, the Appellant had secured a further date for his second attempt at the Part 3 test. At the time of this decision, that test will have been taken although I am not aware of the outcome of this test.

I note that the Appellant has already had the benefit of two trainee licence covering a period of 12 months. This should have been adequate time to prepare and obtain the relevant minimum training hours required. Moreover, by virtue of his application for a third licence prior to the expiry of his second licence, the Appellant has retained his trainee licence until the date of this decision and has been permitted to provide paid instruction during this time.

The overall period in which the Appellant has been able to give driving instruction should have provided a reasonable opportunity to obtain the practical experience envisaged by the Act.

The Appellant can continue to study and practice and is able to continue to gain experience and take the test without a trainee licence. It is not correct, as the Appellant avers, that he cannot teach pupils without a trainee licence. He is permitted to give driving instruction but is not permitted to be paid for providing such instruction without a trainee licence.

The trainee license is not a substitute for taking and passing the test. It is not the purpose of trainee licences to keep renewing them until all attempts at passing Part 3 have been taken. The Appellant has had multiple opportunities to take his Part 3 test and he has not done so.

Having weighed all matters in the balance, the Appellant has not persuaded me that the Registrar’s decision was wrong in any way. In all the circumstances, I agree with the Registrar’s decision and the appeal is dismissed.