Bakir Adam Yahya Omer v The Registrar of Approved Driving Instructors

This is an appeal against the decision of the Registrar dated 12 November 2025 that the Appellant should not be granted a third 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.

On 15 April 2026, after the hearing of this appeal, the Appellant took his Part 3 test and passed. He subsequently wrote to the Tribunal asking for his appeal to be withdrawn, which the Registrar also requested that he do. The Tribunal cannot consent to the withdrawal of an appeal where this would dispose of proceedings without either a hearing, or the consent of all parties to proceed without a hearing. Having sufficient information to decide this appeal, and not wishing to add delay or burden to the process for the parties or the Tribunal, I have proceeded to decide this appeal as I consider that it is fair and just to do so.

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 two consecutive trainee licences valid from 28 October 2024 to 27 October 2025.

The Appellant applied for a further trainee licence on 16 October 2025, and in an email dated 21 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 sent on 27 October 2025. The Registrar wrote to the Appellant by email dated 12 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 26 February 2026 that the Appellant had a further Part 3 attempt booked for 15 April 2026. The Appellant confirmed at the hearing that this booking was still in place, and as noted above the Tribunal understands that the Appellant proceeded to take and pass this test.

The Appellant said that his caring responsibilities for his child require him to attend appointments regularly, which takes up approximately two hours per week.

He has advertised in an attempt to secure more pupils for his training, but has still found limited availability.

In the Tribunal bundle the reasons for the appeal were truncated, but the Appellant confirmed at the hearing that there was nothing relevant to the decision which was missing.

Although the Appellant has had some difficulties in arranging training time, there is no evidence that these challenges are significantly different from what might reasonably be expected. The Appellant has not lost significant amounts of training time due to circumstances outside of his control.

Having considered the matters set out above, I find that, although the Appellant feels that he has had difficulty securing pupils and trainer availability, this does not outweigh the Registrar’s reasons for refusing the Appellant a third trainee licence.

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