Natasha Jahn v The Registrar of Approved Driving Instructors

This is an Appeal against the decision of the Registrar dated 7 November 2025 that the Appellant should not be granted a second trainee licence.

The Tribunal received and considered a bundle of documents, and the Appellant attended an oral hearing by Cloud Video Platform.

The Registrar has notified the Tribunal that he does not propose routinely to attend appeals against refusals to grant trainee licences.

By rule 36 of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009, a hearing can proceed in the absence of a party if the Tribunal is satisfied that the party had notice of the hearing and that it is in the interests of justice to proceed.

I am satisfied that these requirements were met in this case, and 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 as 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 them 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 28 April 2025 to 27 October 2025.

The Appellant applied for a further trainee licence on 6 October 2025, and in an email dated 9 October 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 10 October 2025. The Registrar wrote to the Appellant by email dated 7 November 2025, refusing the application.

The Appellant appealed to the Tribunal.

The Appellant submits that:

The Registrar submits that:

The Registrar noted at the time of filing his response to the appeal dated 19 February 2026 that the Appellant had a further Part 3 attempt booked awaiting a date.

The Appellant has submitted evidence of extremely challenging personal circumstances and health issues which overlapped with the period her first training license. These issues resulted in her being unable to work in what was at the time her main job, which she has since left. I am satisfied that these issues will have prevented her from training effectively for her Part 3 test for a substantial part of her first license period.

Regarding the Appellant having not completed the requisite amount of training within the first three months of her license, this is not a bar to a further license being granted, although it is a factor to be taken into account. Given the timing of the issues which the Appellant has experienced, a delay to the completion of her required training is understandable. The Appellant has provided evidence that she completed the necessary training within the first six months, although acknowledging that this is later than the licensing conditions require.

Having considered all of the evidence and submissions in this appeal, I find that, given the difficulties experienced by the Appellant in using her first licence, the Registrar’s decision was wrong and the appeal should be allowed.

The question then arises as to what order, if any, I should make in respect of the Appellant’s trainee licence and whether I should grant any further extension. Section 131(3) of the Act provides a broad discretion to the Tribunal to make an order as it “thinks fit”. Such a decision must necessarily be made on a case by case basis, taking into account the evidence available in the case. While it is a broad discretion, it must be subject to the usual limits of rationality and be in accordance with the law. For example, I do not consider that a trainee licence could be issued where it was no longer possible for the relevant person to be permanently registered

I am conscious that by virtue of this “in-time” appeal, the Appellant has in practice already had the benefit of her licence being effectively extended until the determination of this appeal. That is a period of sixmonths since the first licence was due to expire. In effect, the Appellant has already had the benefitwhich she had sought. I also take into account the points which the Registrar has made about the purpose of a trainee licence.

That being said, taking into account the uncertainty which the Registrar’s decision will have caused for the Appellant, the statutory purpose of trainee licenses, and the fact that the Appellant does not, so far as I am aware, have a further Part 3 test date booked, I consider that it is fair in all the circumstances of the case to order the grant of a further trainee license expiring in six months’ time, on 27 October 2026. It is ordered that the Appellant be granted a licence for that period.