Appeal against Driving Instructor Trainee Licence Refusal Struck Out by Tribunal
📌 Em resumo
The First-tier Tribunal decided to strike out an appeal from someone trying to get a third trainee driving instructor licence. This happened because the person had already failed their third driving instructor test, which meant they were no longer allowed to hold that type of licence. The Tribunal also noted that the person did not respond to their requests for information about why the appeal should continue.
⚖️ Tese Jurídica
An appeal against a regulatory decision may be struck out if there is no reasonable prospect of success, particularly where the appellant is no longer eligible for the licence in question and fails to engage with tribunal directions.
📖 O que diz a lei
This regulation sets out specific conditions that a person must meet to be eligible for a trainee driving instructor licence. In this case, it meant that failing the third instructional ability test made the appellant no longer qualified to hold such a licence.
This rule gives the First-tier Tribunal the power to end an appeal early, known as striking it out, if it believes the appeal has no realistic chance of succeeding. It was used here because the appellant was no longer eligible for the licence and also failed to respond to the tribunal's requests.
Explicação em linguagem simples — não substitui orientação de um advogado.
📖 Resumo técnico
The First-tier Tribunal struck out an appeal concerning a third trainee driving instructor licence application, as the appellant was no longer eligible to hold the licence after failing the third instructional ability test, and failed to respond to directions.
📜 Ementa Documento oficial
The First-tier Tribunal (General Regulatory Chamber) struck out an appeal concerning an application for a third trainee driving instructor licence. The appellant had failed their third instructional ability test, rendering them ineligible to hold a trainee licence under Regulation 14(b) of the Motor Cars (Driving Instruction) Regulations 2025. Despite being directed twice to provide submissions against the strike-out, the appellant failed to respond. Judge Harris therefore struck out the appeal under Rule 8(3)(c) of the First-tier Tribunal Procedure Rules, finding there was no reasonable prospect of it succeeding.
📚 Inteiro teor Documento oficial
NCN: [2026] UKFTT 00974 (GRC) Case Reference: FT/D/2025/0913 First-tier Tribunal (General Regulatory Chamber) Transport Decided without a hearing Decision given on: 01 July 2026 Before JUDGE HARRIS Between [APPELLANT] Appellant and THE REGISTRAR OF APPROVED DRIVING INSTRUCTORS Respondent Decision: The appeal is struck out under Rule 8(3) because there is no reasonable prospect of it succeeding. REASONS 1. The appeal concerns the Appellant’s application for a third trainee licence.
2. Under Regulation 14(b) of the Motor Cars (Driving Instruction) Regulations 2025 a trainee licence remains in force until the day immediately following the trainee’s third unsuccessful attempt at the instructional ability test.
3. The Respondent informed the Tribunal by a form GRC5 dated 3 December 2025 that the Appellant failed their third attempt at the instructional ability test on 2 December 2025. Accordingly, the appeal must fail, because the Appellant is no longer eligible to hold a trainee licence. The Respondent applied for the appeal to be struck out.
4. The Tribunal directed the Appellant on 2 April 2026 and again on 20 May 2026 to provide any submissions as to why the appeal should not be struck out. The Appellant did not respond.
5. I therefore strike the appeal out under Rule 8(3)(c) because I am satisfied there is no reasonable prospect of it succeeding. Signed: Judge Harris Date: 29 June 2026
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Panorama deste acervo — não é previsão do resultado do seu caso.
⚖️ O que costuma pesar em casos assim
❌ Costuma ser rejeitado
- The appeal has no reasonable chance of succeeding.
- The person appealing is no longer eligible for the licence they want.
- The person appealing has not followed the tribunal's instructions.
- The person appealing has used up all their allowed attempts for a required test.
- The person appealing has been given enough time to meet the licence requirements but has not done so.
Padrões observados nos casos semelhantes deste acervo — cada processo é único.
❓ Perguntas frequentes
What did this decision decide?
The First-tier Tribunal decided to strike out an appeal concerning a trainee driving instructor licence, meaning the appeal was ended without a full hearing.
Who was involved?
The person appealing was an applicant for a trainee driving instructor licence, and the respondent was the Registrar of Approved Driving Instructors.
How did the court decide, and why?
The Tribunal decided to strike out the appeal because the applicant was no longer eligible for the licence after failing their third instructional ability test. They also didn't respond to the Tribunal's requests for information.
Which laws or rules were applied?
The decision referred to Regulation 14(b) of the Motor Cars (Driving Instruction) Regulations 2025 and Rule 8(3)(c) of the First-tier Tribunal Procedure Rules.
What was the argument that mattered most?
The most important argument was that the applicant was no longer legally eligible to hold a trainee driving instructor licence because they had failed their third attempt at the required test.
Was the decision for or against the person who brought the case?
The decision was against the person who brought the case, as their appeal was struck out.
What does this mean for someone in a similar situation?
If you are applying for a trainee driving instructor licence, you must be aware of the rules regarding test attempts. Failing the third instructional ability test means you are no longer eligible, and any appeal related to that licence is likely to be struck out. It's also crucial to respond to all communications from the Tribunal.
What evidence or documents mattered?
The key evidence was the notification from the Registrar that the applicant had failed their third instructional ability test, and the fact that the applicant did not provide any submissions to the Tribunal.
Can a decision like this be appealed?
Generally, decisions from the First-tier Tribunal can be appealed to the Upper Tribunal, but there are strict rules and time limits for doing so, and you usually need permission.
Is it worth getting a solicitor for a case like this?
It is always recommended to seek advice from a qualified solicitor for your specific situation, especially when dealing with regulatory appeals and tribunal procedures, as they can help you understand your options and the legal requirements.