Narges Mohamae v Registrar of Approved Driving Instructors

Introduction

1. The Appellant is a trainee driving instructor who was granted a trainee licence under section 129 of the Road Traffic Act 1988 (the “Act”), for one six-month period spanning 20 January 2025 to 19 July 2025. She was refused a second trainee licence by a decision of the Registrar of Approved Driving Instructors (‘the Registrar’) made on 13 August 2025 . The Appellant now appeals that decision.

2. What follows is a summary of the submissions, evidence and law. It does not seek to provide every step of my reasoning. The absence of a reference to any specific submission or evidence does not mean it has not been considered. Legal Framework

3. The Appellant's name is not on the Register of Approved Driving Instructors ("the Register") and is therefore prohibited from giving paid driving instructions by section 123 (1) of the Act unless she holds a trainee licence issued by the Registrar pursuant to section 129(1) of the Act .

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

5. 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’).

6. The whole qualifying examination must be completed within two years of passing Part 1, and only three attempts are allowed for each Part, failure to comply with either of these requirements results in the whole examination needing to be retaken.

7. 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.

8. 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."

9. 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."

10. 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 (b) 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."

11. 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.

12. 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 Appeal

13. The Appellant’s notice of appeal dated 18 August 2025 details her personal family difficulties (not set out here to protect her privacy), including her caring responsibilities and the ill health of her family members.

14. The Appellant’s notice of appeal also stated that her desired outcome from the appeal was to be granted an additional trainee licence.

15. The Registrar’s notice of refusal dated 13 August 2024 states the reasons for the refusal as: a. The Appellant failed to comply with the conditions of the first licence: the additional training was not completed within the required timescale. b. The Appellant had already been granted one trainee licence of six months duration which is considered to be a more than adequate period of time. c. 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.

16. The Registrar’s statement of case dated 02 December 2025 resists the appeal. The Registrar states that: a. The Appellant had failed to comply with the conditions of her first licence as the training objectives on her ADI 21AT Training record form (D5) were not completed within the first three months of the licence period (para 5). b. 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 (para 6(i)). c. 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. Moreover, by virtue of the Appellant having applied for a third licence before the expiry date of the second, 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 (para 6(ii)). d. Since passing her driving ability test the Appellant has failed the instructional ability test once (Annex A). Despite ample time and opportunity, the Appellant has not been able to reach the required standard for qualification as an Approved Driving Instructor. (para 6(iii)). e. The refusal of a second licence does not bar the Appellant from attempting the instructional ability test of the Register examinations. She does not need to hold a licence for that purpose, nor is it essential for her to give professional tuition under licence in order to obtain further training. The Appellant could attend a training course, or study and practice with an Approved Driving Instructor or give tuition on her own (provided that she 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 (para 6(iv)). f. The Appellant has her second attempt at the instructional ability test booked for 10 February 2026. The evidence

17. I considered a bundle of evidence containing 52 electronic pages, including the Appellant’s full trainee licence history from the registrar.

18. The Appellant also attended the hearing and gave evidence. She reiterated her previous points and emphasised how stressed she felt. She explained that 10 of her students will be taking their tests in the very near future. Conclusions

19. Despite it being a common misunderstanding, it is not the case that individuals are entitled to continual renewal of trainee licences until they pass their Part 3 test. The six-month period of such licences is set on the basis this is an adequate period to prepare for the Part 3 Test, and it is not necessary to hold a Trainee Licence in order to either prepare for or to take the Part 3 test.

20. I have considered the Appellant’s points of appeal. I have the deepest sympathy for her circumstances; she has clearly had a difficult time.

21. However, I note that the Appellant has already had the benefit of one trainee licence covering a period of six months from 20 January 2025 to 19 July 2025. Additionally, by applying for a second trainee licence the Appellant has had the benefit of s.129(6) (b) of the Act extending the second trainee licence until this appeal is disposed of i.e. a period of almost 7 months.

22. The Appellant has had the benefit of being able to train by giving instruction for payment for an additional period of almost 7 months – more than the time she would have been granted if her application had been granted (ie more than her stated appeal outcome). Had the second trainee licence been granted this would have expired on 18 January 2026.

23. I also note that the Appellant was due to have her second attempt at the instructional ability test on 10 February 2026 (ie today). She has therefore had the benefit of being able to train by giving paid instruction for payment up until the day of her test.

24. Either she will pass this test or if she does not pass this, she must re-take it and pass it by 8 th May 2026 because it must be completed within two years of passing Part 1 (ie in less than 3 months). I do not find it disproportionate for her to train by giving instruction without payment for this limited period, if she fails the test.

25. In all the circumstances, the appeal is dismissed. Signed Tribunal Judge Kiai Date: 10/02/2026