Tribunal dismisses appeal for third trainee driving instructor licence

Introduction

The First-tier Tribunal (General Regulatory Chamber) recently dismissed an appeal by Rejaul Hoque against the decision of the Registrar for Approved Driving Instructors. The Registrar had refused to grant Hoque a third trainee licence, a decision initially made on 7 August 2024. The Tribunal's decision was delivered on 13 January 2025, following a consideration of the evidence without a formal hearing.

Legal Framework

The case revolved around the provisions of the Road Traffic Act 1988 and the Motor Cars (Driving Instruction) Regulations 2005. Under these regulations, a trainee licence is granted to allow applicants to gain practical experience in instructing drivers before qualifying as an Approved Driving Instructor. The qualifying examination consists of three parts, and candidates must complete all parts within two years of passing the first part. A trainee licence can be granted after passing Part 2 of the examination, but it is not a prerequisite for qualification.

Factual Background

Rejaul Hoque passed Part 1 of the examination on 11 October 2022 and Part 2 on 21 April 2023. He had several bookings for Part 3, including one on 8 May 2024, which he failed, and others that were either cancelled by him or the Driving Standards Agency (DSA). Hoque applied for a third trainee licence on 1 July 2024, but the Registrar refused the application, citing insufficient evidence of loss of training time or lack of pupils and noting that Hoque had already had ample time to gain necessary experience.

Grounds of Appeal

Hoque's appeal was based on several grounds. He argued that he was not well enough to take the Part 3 test due to a family bereavement, which led to the cancellation of one of his tests. He also contended that he was a suitable candidate for the role and was undertaking additional training to pass Part 3. Despite these arguments, the Tribunal found that the Registrar's decision was justified.

Registrar's Response

The Registrar maintained that the purpose of trainee licences is to provide applicants with temporary experience in instruction, not to serve as a long-term alternative to full qualification. The Registrar highlighted that Hoque had already benefited from two trainee licences, covering a total of 12 months, which should have been sufficient for him to prepare for the Part 3 test. The Registrar also pointed out that Hoque could continue to gain experience and take the test without a trainee licence.

Tribunal's Decision

In its decision, the Tribunal noted that Hoque had already had nearly 18 months to prepare for the Part 3 test, which should have been adequate. The Tribunal emphasised that the trainee licence system is not designed to allow indefinite attempts at passing the examination and that Hoque could still pursue the test without a trainee licence. The Tribunal concluded that Hoque had not demonstrated that the Registrar's decision was wrong, leading to the dismissal of the appeal.

Conclusion

The Tribunal's decision underscores the importance of adhering to the intended purpose of trainee licences within the driving instruction framework. It highlights the balance between providing practical experience and ensuring that the system is not misused as a substitute for full qualification. The case serves as a reminder to applicants of the need to utilise the time and opportunities provided by trainee licences effectively.

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