Rashid Muhedin v Registrar of Approved Driving Instructors
NCN: [2026] UKFTT 00596 (GRC)
Case Reference: FT/D/2025/1295
First-tier Tribunal
(General Regulatory Chamber)
Transport
Decided without a hearing
Decision given on: 17 April 2026
Before
JUDGE TAFT
Between
RASHID MUHEDIN
Appellant
and
REGISTRAR OF APPROVED DRIVING INSTRUCTORS
Respondent
Decision: The appeal is Allowed
Substituted Decision Notice: The Respondent must grant a third trainee licence to the Appellant for a period of six months from today.
REASONS
Introduction
Mr Muhedin is a trainee driving instructor who was granted trainee licences under section 129 of the Road Traffic Act 1988 (the “Act”), for two six-month periods. He was refused a third trainee licence by a decision of the Registrar of Approved Driving Instructors (‘the Registrar’) made on 12 November 2025. Mr Muhedin now appeals that decision.
The parties have agreed to a paper determination of the appeal. I am satisfied that I can properly determine the issues without a hearing within rule 32(1)(b) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 (as amended).
Legal Framework
In order to qualify as an Approved Driving Instructor, applicants must pass the ‘Qualifying Examination’ comprised of three parts: the written examination (‘Part 1’); the driving ability and fitness test (‘Part 2’); and the instructional ability and fitness test (‘Part 3’). The whole qualifying examination must be completed within two years of passing Part 1. Only three attempts are allowed for each Part. The whole examination must be retaken if an applicant fails Part 2 or Part 3 three times or does not pass both within the two years.
If a candidate has passed Part 2, he may be granted a licence under section 129(1) of the Act:
“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.”
This is commonly known as 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.
By section 129(3) of the Act
"The Registrar may refuse to grant a licence under this section to an applicant to whom such a licence has previously been issued."
By section 129(8)(c) of the Act
"before deciding whether or not to refuse the application, the Registrar must take into consideration any such representations made within that period."
By section 129(6) of the Act
"Notwithstanding any provision of regulations made by virtue of subsection (5) above prescribing the period for which a licence is to be in force, 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 shall not expire—
(a)until the commencement of the new licence, or
if the Registrar decides to refuse the application, until the time limited for an appeal under the following provisions of this Part of this Act against the decision has expired and, if such an appeal is duly brought, it is finally disposed of."
Section 131 of the Act gives a right of appeal to this Tribunal. The Tribunal may make such order as it thinks fit. In doing so, the Tribunal must consider whether the Registrar’s decision was wrong. The Tribunal makes a fresh decision on the evidence available to it but must give 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 Mr Muhedin.
The Decision
On 21 October 2025, the Registrar informed Mr Muhedin that he was considering refusing his application for a third trainee licence. Mr Muhedin made representations on 24 October 2025 that he had attempted the Part 3 twice and was awaiting another test date. He said that his learning and progress was hindered due to unavoidable circumstances that affected his ability to complete the necessary preparation within the initial period.
On 12 November 2025, the Registrar notified Mr Muhedin that it refused his application for a third trainee licence. The notice of refusal states the reasons for the refusal as:
Mr Muhedin had not provided any details or evidence to support the claims in his representations or of lost training time;
Mr Muhedin had already been granted two trainee licences of six months duration which is considered to be a more than adequate period of time; and
It was not Parliament’s intention that the candidates should be issued licences for as long as it takes them to pass the examination and the trainee licence system must not be allowed to become an alternative to registration as a fully qualified Approved Driving Instructor.
The Appeal
Mr Muhedin’s notice of appeal relies on the following grounds as reasons for the appeal:
He had been unable to secure three test dates due to prolonged lack of availability at local and reasonable test centres;
Since receiving his trainee licence, he has regularly checked the DVSA booking system, often daily, and subscribed to multiple cancellation services but has frequently found no available test dates within a 30-mile radius;
On several occasions when a date did appear, it was weeks ahead or gone before he could complete the booking; and
He has contacted local centres directly to try to secure an earlier appointment but without success.
The Registrar’s statement of case dated 18 March 2026 resists the appeal. The Registrar states that:
Mr Muhedin has not provided any details or evidence to support the claims in his representations or of lost training time.
The purpose of the provisions governing the issue of licences is to afford applicants the opportunity of giving instruction to members of the public whilst endeavouring to achieve registration. The system of issuing licences is not and must not be allowed to become an alternative to the system of registration.
The licence granted to applicants is not to enable the instructor to teach for however long it takes to pass the examinations, but to allow up to six months experience of instruction. This provides a very reasonable period in which to reach the qualifying standard in the examination and in particular, to obtain any necessary practical experience in tuition. Mr Muhedin was given two trainee licences totalling twelve months. Moreover, by virtue of Mr Muhedin having applied for a third licence before the expiry date of the first, that licence has remained in force to the present time and will allow him to continue to give paid instruction until determination of the appeal.
Since passing his driving ability test Mr Muhedin has failed the instructional ability test twice. Despite ample time and opportunity, Mr Muhedin has not been able to reach the required standard for qualification as an Approved Driving Instructor.
The refusal of a third licence does not bar Mr Muhedin from attempting the instructional ability test of the Register examinations. He does not need to hold a licence for that purpose, nor is it essential for him to give professional tuition under licence in order to obtain further training. Mr Muhedin could attend a training course, or study and practice with an Approved Driving Instructor or give tuition on his own (provided that he does not receive payment of any kind for this). These alternatives are used by some trainees who acquire registration without obtaining any licences at all.
Mr Muhedin is awaiting a date for his final attempt at the Part 3 test. If this goes ahead, the appeal is bound to fail as Mr Muhedin can only benefit from a trainee licence to gain practical experience for that test.
The evidence
I considered a bundle of evidence containing 22 pages, including Mr Muhedin’s full trainee licence history from the Registrar.
Findings of Fact
Mr Muhedin passed his Part 1 test on 24 September 2024 and Part 2 test on 3 October 2024. Mr Muhedin’s first trainee licence was granted on 21 October 2024 for a period of six months. He failed his first attempt at the Part 3 test on 4 April 2025. Mr Muhedin was then granted a second trainee licence was due to expire on 20 October 2025. He failed his second attempt at the Part 3 Test on 24 June 2025. He has made extensive efforts to secure a date for his third attempt at the test but is still awaiting a date.
Conclusions
I considered Mr Muhedin’s points of appeal.
The six-month period of trainee licences is set on the basis that this is considered to be an adequate period to prepare for the Part 3 test. Mr Muhedin has already had the benefit of two trainee licences covering a period of twelve months. Additionally, by applying for a third trainee licence Mr Muhedin has had the benefit of s.129(6)(b) of the Act extending the first trainee licence until this appeal is disposed of (i.e. a further period of almost six months).
A trainee licence must not become an alternative to qualification by passing the Part 3 test. However, the Registrar’s decision did not engage with the fact relied upon by Mr Muhedin – that delays in offering him a test date have prevented him from having three attempts at the test within the trainee licence period. This is not a case of an ADI cancelling tests but the DVSA failing to offer a date. The six months’ duration of the trainee licence is only a reasonable period in which to pass the Part 3 test if a test date is available within a reasonable period of time after booking.
Mr Muhedin did not supply evidence of his attempts to secure a test date in his initial representations but he was not asked to do so. His Notice of Appeal sets out the extensive efforts he has made. Notwithstanding those efforts, he is still waiting for a test date. The Registrar’s decision was therefore wrong: it was wrong not to take into account the difficulty in securing a test date when refusing the third licence.
I therefore substitute a decision to grant a third licence for a period of six months from today to enable Mr Muhedin to sit the Part 3 test once a date becomes available.
SignedDate: 15 April 2026
Judge Taft