Mahbub Shahriyar v Registrar of Approved Driving Instructors

Facts

The appellant, Mahbub Shahriyar, is a trainee driving instructor. To qualify as an Approved Driving Instructor, a candidate must pass the three parts of the Qualifying Examination: a written examination, a test of driving ability and fitness, and a test of instructional ability and fitness. The appellant passed Part 1 on 21 November 2024 and Part 2 on 1 February 2025. The appellant was then granted a trainee licence under section 129 of the Road Traffic Act 1988, valid from 25 August 2025 to 24 February 2026. That licence allowed the appellant to give paid driving instruction before qualifying. The appellant failed the first attempt at the Part 3 test on 23 October 2025. On 12 February 2026, before the first licence expired, the appellant applied for a second trainee licence. On 30 April 2026 the Registrar of Approved Driving Instructors refused the application for two reasons. First, a trainee licence is meant to give up to six months' experience of instruction, not to allow a trainee to teach for as long as it takes to pass. Second, the appellant had not complied with Regulation 15 of The Motor Cars (Driving Instruction) Regulations 2005, because their supplementary training had not covered everything set out in Part 1 of Schedule 2 of the 2005 Regulations. The appellant appealed to the First-tier Tribunal and then failed a second Part 3 attempt on 23 July 2026. Neither party attended the remote hearing.