Blerim Lika v Registrar of Approved Driving Instructors

Introduction:

1. This is an appeal brought by Mr Blerim Lika against the decision of the Registrar of Approved Driving Instructors dated 27 November 2025 , refusing his application for a third trainee driving instructor licence under section 129 of the Road Traffic Act 1988 (“ the Act ”).

2. I have considered all the evidence and submissions before me. For the reasons set out below, the appeal is dismissed. Background:

3. The Appellant previously held two consecutive trainee licences between 21 October 2024 and 20 October 2025 , providing him with a total of twelve months in which to obtain practical instructional experience while preparing for the ADI qualifying examinations.

4. During that period, the Appellant passed the Part 2 driving ability test on 13 September 2024 , failed the Part 3 test on 4 February 2025 , cancelled a further Part 3 test scheduled for 11 August 2025 , and failed a second Part 3 attempt on 8 October 2025 .

5. On 13 October 2025 , the Appellant applied for a third trainee licence. The Registrar issued a notice of intention to refuse on 17 October 2025 . The Appellant made representations on 27 October 2025 , asserting that a family emergency requiring international travel had reduced his available training time, and that difficulty obtaining test dates had impeded his progress.

6. The Registrar refused the application on 27 November 2025 , concluding that no exceptional circumstances justified a further licence.

7. The Appellant has a final permitted attempt at the Part 3 instructional ability test booked for 17 April 2026 . The Issues:

8. The issues for the Tribunal are: (a) whether the Registrar lawfully exercised his discretion under section 129 of the Act ; (b) whether the Appellant established exceptional circumstances justifying the grant of a third trainee licence; (c) whether the Registrar took proper account of relevant considerations and excluded irrelevant ones; and (d) whether the decision reached was reasonable and proportionate. The Law:

9. Section 123(1) of the Act prohibits providing paid driving instruction unless the instructor is registered or holds a current trainee licence.

10. Section 129 empowers the Registrar to issue temporary trainee licences for the purpose of enabling applicants to obtain practical experience in preparation for the qualifying examinations . The Registrar has a discretion whether to grant or refuse an application.

11. The Tribunal’s function is supervisory. It does not substitute its own view for that of the Registrar merely because a different decision might have been open. The question is whether the Registrar’s decision was wrong in law, unreasonable, disproportionate, or procedurally unfair. Findings and Reasons: Purpose and limits of trainee licences

12. The statutory purpose of a trainee licence is limited: it is intended to assist trainees in gaining experience in the run-up to taking the qualifying examinations. It is not intended to function as a continuing entitlement to give paid instruction.

13. The Appellant had already received twelve months of supervised experience. It was reasonable for the Registrar to regard that as a sufficient opportunity for the Appellant to acquire the experience necessary for Part 3 preparation. The Appellant’s examination history

14. The Registrar was entitled to take into account that the Appellant, after passing Part 2, failed Part 3 twice and cancelled one scheduled attempt. This was relevant to assessing whether a further trainee licence would serve the statutory purpose.

15. There was nothing irrational in concluding that the Appellant had already been afforded adequate opportunity to progress. The claimed family emergency

16. The Appellant relied upon an overseas family emergency as the reason for reduced training time. However, no supporting evidence of the nature of the emergency was provided, and the travel documentation lacked identifying details.

17. The Registrar was entitled to find that insufficient evidence had been provided to establish an exceptional circumstance warranting departure from the general approach to further licences. Difficulty obtaining test dates

18. While delays in obtaining test dates are regrettable, they are not unusual. A trainee licence is not required in order to sit the Part 3 test, nor is it required for a person to undertake further training.

19. The Registrar was entitled to conclude that this factor did not amount to an exceptional reason for granting a third licence. Pending final Part 3 attempt

20. The Appellant’s final permitted Part 3 attempt is already booked. At this stage, the purpose of a trainee licence—supporting preparation for the examination—has already been fulfilled.

21. It was therefore reasonable for the Registrar to determine that issuing another licence would not advance the statutory purpose and would risk allowing trainee licences to be used as an alternative to qualification. Overall assessment

22. I am satisfied that the Registrar took proper account of the Appellant’s representations, applied the correct statutory framework, and reached a decision that was rational, proportionate, and adequately reasoned.

23. The Appellant has not established that the Registrar’s decision was wrong in law or otherwise unlawful. Conclusion and Decision

24. For the reasons given above, the appeal is dismissed .

25. The decision of the Registrar dated 27 November 2025 is confirmed.