Aman Joshi v The Registrar of Approved Driving Instructors

This is an appeal against the decision of the Registrar dated 30 July 2025 that the Appellant should not be granted a second trainee licence.

The Tribunal received and considered a bundle of documents. The Appellant has consented to the appeal being decided without a hearing. The Registrar has notified the Tribunal that he does not propose routinely to attend appeals against refusals to grant trainee licences.

I am satisfied that this was a fair and just way to decide the Appeal.

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

A trainee licence may be granted in the circumstances set out in s129 of the Road Traffic Act 1988 (“the Act”) and the Motor Cars (Driving Instruction) Regulations 2005.

A licence under s129(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 for registration as an approved driving instructor, applicants must pass the Qualifying Examination. This comprises: a written examination (“Part 1”); a driving ability and fitness test (“Part 2”); and an instructional ability and fitness test (“Part 3”).

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

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. Under s129(2) of the Act, the Registrar must grant a licence to an applicant who fulfils specified conditions, including that they have passed Parts 1 and 2. Under s129(3) the Registrar has discretion to refuse an application for a second or subsequent licence.

Under s129(6)(b), where a person applies for a new licence in substitution for a licence held by him and current at the date of the application, the previous licence will not expire if the Registrar decides to refuse the application, until the time limit for an appeal against the decision has expired and, if such an appeal is duly brought, it is finally disposed of.

The powers of the Tribunal in relation to appeals against decisions not to grant trainee licences are set out in s131 of the Act. When making a decision on any such appeal, 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 Appellant was granted a trainee licence valid from 4 November 2024 to 3 May 2025.

The Appellant applied for a further trainee licence on 27 May 2025, and in an email dated 30 May 2025 the Registrar advised that he was considering refusing the application and invited the Appellant to make representations regarding this. The Appellant made representations in an email dated 1 June 2025, and provided evidence of completed training in an email dated 9 June 2025. The Registrar wrote to the Appellant by email dated 30 July 2025, refusing the application.

The Appellant appealed to the Tribunal.

The Appellant submits that he was unable to book a Part 3 test during his first licence period, due to the lack of availability of test slots.

The Registrar submits that:

The Registrar noted at the time of filing his response to the appeal that the Appellant had a further Part 3 attempt booked awaiting a date.

The Appellant refers to his difficulties booking a Part 3 test, but does not indicate that he has been unable to undertake training or use his license during the period for which it was valid.

I note the Registrar’s submission that the Appellant has not completed the required training in the first three months of his license. The Appellant has provided evidence of having completed the training, on dates in March, April and May 2025, in the second six months of his licence period.

I note that the Registrar’s email giving notice of refusal to the Appellant dated 30 July 2025 refers to three emails from the Appellant dated 1, 9 and 12 June 2025, and that only two of these emails are included in the bundle, with the email dated 12 June 2025 missing. Nevertheless, I am satisfied that the Appellant has had sufficient opportunity to present his case for the appeal and I am satisfied that it is fair and just to decide the appeal notwithstanding this.

Having considered the matters set out above, I find that, although the Appellant had difficulty securing attempts at Part 3 test during the period of his licence, this does not outweigh the Registrar’s reasons for refusing the Appellant a second trainee licence.

Accordingly, I am not persuaded that the Registrar’s decision was wrong, and I dismiss the Appeal.