Francis Ehisogie Olumese v The Registrar of Approved Driving Instructors

1. This is an Appeal against the decision of the Registrar dated 1 October 2025 that the Appellant should not be granted a third trainee licence.

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

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

4. 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.

5. I am satisfied that these requirements were met in this case, and that this was a fair and just way to decide the Appeal. Relevant law

6. The grant of a trainee licence enables applicants to provide driving instruction for payment before they are qualified.

7. 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.

8. 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.”

9. 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”).

10. 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.

11. 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.

12. 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.

13. 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. Background

14. The Appellant was granted two consecutive trainee licences valid from 16 September 2024 to 15 September 2025.

15. The Appellant applied for a further trainee licence on 17 August 2025, and in an email dated 3 September 2025 the Registrar advised that he was considering refusing the application, and invited the Appellant to make representations regarding this. The Appellant sent an email containing representations on 16 September 2025, but mistakenly sent this to the wrong email address.

16. The Registrar wrote to the Appellant by email dated 1 October 2025, refusing the application.

17. The Appellant appealed to the Tribunal. The Appeal

18. The Appellant submits that: a. he was not given enough support or training; b. his wife has been severely ill and has undergone surgery twice (although he says that this did not interfere with his ability to train); c. a close member of his family died in 2025; d. his daughter has been ill due to black mould in their home; e. his car has suffered a large number of mechanical problems.

19. The Registrar submits that: a. 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; b. 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; that 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 remained in force and would allow him to continue to give paid instruction until determination of the Appeal; c. since passing his driving ability test the Appellant had failed the instructional ability test twice and cancelled a further booking; and that despite ample time and opportunity, the Appellant had not been able to reach the required standard for qualification as an approved driving instructor; d. the refusal of a third licence does not bar the Appellant from attempting Part 3; 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; and that alternatives are available to acquire registration without obtaining a licence.

20. The Registrar acknowledges that the Driver and Vehicle Standards Agency (the DVSA ) cancelled another test which the Appellant booked for 24 February 2025.

21. The Registrar noted at the time of filing his Response to the Appeal dated 16 December 2025 that the Appellant had a further Part 3 attempt booked for 22 January 2026. In correspondence before the hearing, the Appellant said that the DVSA had also cancelled his 22 J anuary 2026 test. The Registrar said that the Appellant has booked a further Part 3 test for 13 April 2026. Di scussion

22. It is unfortunate that the Appellant’s representations did not reach the Registrar before the Registrar made his decision. The Appellant also did not include all of the relevant circumstances in his representations, which would have further strengthened his case when considered by the Registrar. This does not prevent the Tribunal from taking these circumstances into account.

23. The Appellant has suffered a number of very difficult circumstances in his personal life during the period of his training licence, and it is reasonable to infer that this will have disrupted his training. He has also been unfortunate in having two attempts at Part 3 cancelled for circumstances outside of his control. Conclusion and decision

24. Having considered all of the evidence and submissions in this appeal, I find that, given the very significant personal difficulties experienced by the Appellant during the period of his licence so far, including the cancellation of two Part 3 tests by the DVSA, the Registrar’s decision was wrong and the appeal should be allowed.

25. 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.

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

27. That being said, taking i nto account the time between the date of this decision and the date on which the Registrar says that the Appellant has booked his third attempt at Part 3, and the statutory purpose of trainee licenses, I consider that it is fair in all the circumstances of the case to order the grant of a further trainee license expiring on the day after that test booking, 14 April 2026. It is ordered that the Appellant be granted a licence for that period. Signed Date: Judge Maton 16 March 2026 This decision was amended under Rule 40 on 26 March 2026 to address an error in paragraph numbering. No change was made to the wording or substance of the decision.