Eugene Ako v The Registrar of Approved Driving Instructors

Neutral citation number: [2026] UKFTT 00203 (GRC) First-tier Tribunal (General Regulatory Chamber) Transport Case Reference: FT. D.2025.0907 Heard by Cloud Video Platform Heard on: 02 February 2026 Decision given on: 11 February 2026 Before JUDGE KIAI JUDGE ARNELL Between EUGENE AKO and THE REGISTRAR OF APPROVED DRIVING INSTRUCTORS Representation: For the Appellant: Attended in person For the Respondent: Did not attend Decision: The appeal is Dismissed Appellant Respondent REASONS 1. This appeal concerns a decision of the Registrar of Approved Driving Instructors (“the Registrar”) made on 22 August 2025 to refuse to grant the Appellant a third trainee licence. 2. The Appellant is a trainee driving instructor who has previously been granted two licences under section 129 of the Road Traffic Act 1988 (“the Act”). These licences ran for a period of 12 months. 3. The Registrar did not attend however the Tribunal has the benefit of the Respondents Response and evidence. We were satisfied that the Tribunal could properly determine the case in the absence of the Respondent in accordance with Rule 36 of The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009. We were satisfied that the Respondent had been notified of the hearing or that reasonable steps have © CROWN COPYRIGHT 2026 been taken to notify them of the hearing and it was in the interests of justice to proceed in their absence. The legal framework 4. The grant of a trainee licence enables applicants to provide instruction for payment before they are qualified. The circumstances in which a licence can be granted are set out in section 129 of the Act, and the Motor Cars (Driving Instruction) Regulations 2005. 5. In order to qualify as an Approved Driving Instructor, applicants must pass the Qualifying Examination. This is made up of: the written examination (Part 1); the driving ability and fitness test (Part 2); and the instructional ability and fitness test (Part 3). Three attempts are permitted at each part. The Part 2 and Part 3 tests must be successfully completed within two years of passing Part 1 (unless the Part 3 test is booked before expiration of the two years), failing which the whole Qualifying Examination has to be retaken. 6. A 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". The purpose of the provisions governing the issue of licences is to afford applicants the opportunity of giving instruction to members of the public in order to achieve registration. The system of issuing licences is not and must not be allowed to become an alternative to the system of registration. 7. An applicant may be granted a trainee licence if they have passed Part 2. However, holding a trainee licence is not necessary in order to take the Part 3 test or qualify as an Approved Driving Instructor. 8. Pursuant to section 129(6) of the Act “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 […] if the Registrar decides to refuse the application, until the time limited for an appeal under the following provisions of this Part of the Act against the decision has expired and, if such an appeal is duly brought, it is finally disposed of”. 9. The powers of the Tribunal in determining this appeal are set out in section 131 of the Act. The Tribunal may make such order as it thinks fit (section 131(3)). 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 Registrars decision was wrong rests with the Appellant. Chronology 10. The Appellant passed Parts 1 and 2 of the Qualifying Examination on 26 February 2024 and 06 August 2024 respectively. The Appellant applied for two trainee licences which were granted and were valid between 26 August 2024 and 25 August 2025. 11. On 04 August 2025 the Appellant applied for a third trainee licence. As the Appellant applied before the second licence expired, this means that at the date of the hearing the Appellant has been the beneficiary of a trainee licence for almost 18 months. 12. The Appellant took and failed his first attempt at a Part 3 test on 17 February 2025 and failed his second attempt on 13 June 2025. The Appellant cancelled a Part 3 test booked for 19 December 2025. The DVSA cancelled a Part 3 test booked for 06 March 2026. The Appellant now has a Part 3 test booked for 01 April 2026. Evidence 13. We have considered a bundle of evidence containing an Index and 21 numbered pages, this includes the Appellant’s trainee licence history from the Registrar. Shortly before the commencement of the hearing, the Registrar - at the Tribunal’s request, provided an updated Qualifying Examination test history to the Tribunal and the Appellant. Whilst it is our intention to refer only to the relevant facts and evidence necessary to explain our decision the Parties can nevertheless be assured, we have considered all the evidence in the hearing bundle. 14. The Appellant submits that he has attempted to get a third attempt Part 3 test booked within his current licence period, but this has not been possible due to the unavailability of test dates and as such it is unfair that he has been refused a further trainee licence. In his representations to the Respondent, following notification that the Registrar was considering refusing his application for a third trainee licence he confirms that he requires a licence to continue training as he prepares for the Part 3 test. 15. The Appellant gave evidence at the hearing confirming the difficulties he has experienced in booking a third attempt Part 3 test. He feels he is ready to take the exam and it is the lack of available dates which has prevented him from doing so. He stated that he cannot continue to train for the Part 3 test by giving tuition without receiving payment as this is his only job and he has to pay for car insurance and other related expenses. In relation to the cancelled Part 3 test which had been booked for 19 December 2025, he stated that he had cancelled this test as ‘most’ of his students did not live in Nottingham as they were students and due to university term dates would not be available. 16. The Respondent submits in the reasons for refusal that 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 to obtain any necessary practical experience in tuition. And the Appellant has already had the benefit of two trainee licences over a 12 month period. Conclusions 17. The refusal of a third trainee licence does not bar the Appellant from attempting the Part 3 test. The Appellant has already had two trainee licences. 18. Whilst we accept that matters are finely balanced and there have been nationwide problems with booking tests, we have concluded that the specific circumstances raised by the Appellant do not demonstrate evidence of exceptional personal circumstances, lost training time or a lack of pupils. The Appellant could attend a training course, or study and practice with an Approved Driving Instructor or give tuition on his own (provided that he does not receive payment of any kind for this). Whilst we acknowledge the Appellant’s submissions regarding giving tuition without payment, trainee licences are not designed to be a source of income in the absence of full registration but are to provide an opportunity to receive experience, in order to pass the Part 3 test. 19. The Appellant has had the benefit of a continuing licence running from the refusal in August 2025, to the date of this hearing of the appeal. This should have provided ample additional time to continue to receive practical experience in order to pass the required Part 3 test. Whilst the Appellant has provided an explanation as to why he felt it necessary to cancel the third attempt Part 3 test on 19 December 2025, in light of the Appellant’s awareness that they were on hold for a test date it would have been reasonable to expect that he would have made preparations in advance in order to avoid an ineffective test date. We further noted that the Appellant said ‘most’ not ‘all’ of his students would be unavailable. Nevertheless, the Appellant now has a final Part 3 test booked for 01 April 2026 and we are satisfied the period covered by the previous trainee licences should have been sufficient to allow him to adequately prepare for this. 20. Therefore, we are not persuaded the Registrar’s decision was wrong. The appeal is therefore dismissed and the Respondent’s decision of 22 August 2025 is upheld. Signed: Judge Arnell Date: 02 February 2026 4