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Struck OutFirst-tier Tribunal (General Regulatory Chamber)·

Appeal Against Refusal of Trainee Driving Instructor Licence Struck Out by Tribunal

Processo nº

📌 Em resumo

The First-tier Tribunal decided to strike out an appeal concerning a trainee driving instructor licence. The person appealing had applied for a third licence, but the Registrar of Approved Driving Instructors refused it. The Tribunal ruled that the appeal had no chance of success because the law states a trainee licence ends after three failed attempts at the Part 3 driving test, which had already happened. Judge McMahon made this decision on 25 June 2026.

⚖️ Tese Jurídica

An appeal against the refusal of a trainee driving instruction licence will be struck out if the appellant has already failed the Part 3 test three times, as the licence cannot legally remain in force.

Temas

driving instruction licencetrainee licenceappeal strike outregulatory decisiondriving instructor regulations

Dispositivos

Regulation 14(b) of the Motor Cars (Driving Instruction) Regulations 2005Rule 2 of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009Rule 8(3)(c) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009

📖 O que diz a lei

Regulation 14(b) of the Motor Cars (Driving Instruction) Regulations 2005

This regulation sets out a key condition for trainee driving instructors. It means that once someone has failed the Part 3 driving instructor test three times, their trainee licence automatically becomes invalid and cannot be used anymore.

Rule 8(3)(c) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009

This rule allows the Tribunal to stop an appeal early, known as 'striking out' an appeal. It is used when the Tribunal believes the appeal has no realistic chance of succeeding, meaning it would be pointless to continue.

Rule 2 of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 (The Overriding Objective)

This rule sets out the main goals for how the Tribunal should handle cases. It guides the Tribunal to deal with cases fairly and efficiently, ensuring that justice is served without unnecessary delay or cost.

Explicação em linguagem simples — não substitui orientação de um advogado.

📖 Resumo técnico

The First-tier Tribunal struck out an appeal against the refusal of a third trainee driving instruction licence. The Tribunal found the appeal had no reasonable prospects of success as the appellant had already failed the Part 3 test three times, rendering the licence invalid under the relevant regulations.

📜 Ementa Documento oficial

The First-tier Tribunal (General Regulatory Chamber) struck out an appeal brought by an appellant against the Registrar of Approved Driving Instructors' decision to refuse a third trainee driving instruction licence. The Tribunal, presided over by Judge McMahon, found that the appeal had no reasonable prospects of success because, under Regulation 14(b) of the Motor Cars (Driving Instruction) Regulations 2005, a trainee licence cannot remain in force after the third unsuccessful attempt to pass the Part 3 test, which the appellant had already failed. The Tribunal granted the respondent's application to strike out the appeal under Rule 8(3)(c) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009, having regard to the Overriding Objective.

📚 Inteiro teor Documento oficial

NCN: [2026] UKFTT 00967 (GRC) Case No. FT/D/2026/0453 In the First-tier Tribunal (General Regulatory Chamber) Transport Before: Judge McMahon Appellant: [APPELLANT] Respondent: Registrar of Approved Driving Instructors Case Management Decision (The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009)

1. This appeal was an appeal against a decision of the Respondent dated 10 April 2026, to refuse the [APPELLANT]’s application for a third trainee driving instruction licence, having taken account of the [APPELLANT]’s written representations in a letter received by the Respondent on 26 February 2026.

2. On 11 June 2026, the Respondent made application, copied to the [APPELLANT], to which no reply was received, that this appeal be struck out as, pursuant to Regulation 14(b) of the Motor Cars (Driving Instruction) Regulations 2005 (‘the Regulations’), a trainee licence can only remain in force until the day immediately following the [APPELLANT]’s 3 rd unsuccessful attempt to pass his Part 3 test that the [APPELLANT] did fail on 10/06/2026.

3. In the circumstances, I have decided, having regard to the Overriding Objective contained in Rule 2 of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009, that there is no purpose to be served in this appeal to invite representations from the [APPELLANT], pursuant to Rule 8(4) of the Rules as to why his appeal should not be struck out or to invite him to withdraw his appeal.

4. Having regard to the terms of the law, and the Overriding Objective, I grant the Respondent’s application in all the circumstances without further direction and strike out this appeal, pursuant to Rule 8(3)(c) of the Rules as having no reasonable prospects of success. Signed Judge McMahon Date: 25 June 2026

📊 Como os tribunais decidem casos parecidos

Entre 12 decisões semelhantes neste acervo:

Struck Out10 casos
Dismissed2 casos

Panorama deste acervo — não é previsão do resultado do seu caso.

⚖️ O que costuma pesar em casos assim

❌ Costuma ser rejeitado

  • The person appealing has no realistic chance of winning their case.
  • The person appealing no longer meets the legal requirements for the licence or permission they are seeking.
  • The person appealing has failed the maximum number of attempts allowed for a required test.
  • The person appealing repeatedly does not follow the court's instructions or requests for information.
  • The licence or permission being sought is being used for a purpose it was not designed for, such as repeated renewals.

Padrões observados nos casos semelhantes deste acervo — cada processo é único.

❓ Perguntas frequentes

What did this decision decide?

This decision decided to strike out an appeal against the refusal of a third trainee driving instruction licence, meaning the appeal was ended without a full hearing on its merits.

Who was involved?

The case involved an appellant who was seeking a driving instruction licence and the Registrar of Approved Driving Instructors, who was the respondent.

How did the court decide, and why?

The Tribunal decided to strike out the appeal because it had no reasonable prospects of success. This was because the law states a trainee licence cannot continue after three failed attempts at the Part 3 driving test, which the appellant had already experienced.

Which laws or rules were applied?

The key laws and rules applied were Regulation 14(b) of the Motor Cars (Driving Instruction) Regulations 2005, which governs trainee licences, and Rule 8(3)(c) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009, which allows appeals to be struck out.

What was the argument that mattered most?

The most important argument was that the appellant's trainee licence could no longer be valid under the law because they had already failed the Part 3 driving test three times, making any appeal pointless.

Was the decision for or against the person who brought the case?

The decision was against the person who brought the case (the appellant), as their appeal was struck out.

What does this mean for someone in a similar situation?

For someone in a similar situation, it means that if you have failed the Part 3 driving instructor test three times, your trainee licence will no longer be valid, and an appeal against a refusal to renew it is unlikely to succeed.

What evidence or documents mattered?

The key document that mattered was the respondent's application to strike out the appeal, which highlighted the appellant's three failed attempts at the Part 3 test and the relevant regulation.

Can a decision like this be appealed?

Generally, decisions from the First-tier Tribunal can be appealed to the Upper Tribunal, but specific rules and time limits apply, and permission to appeal is usually required.

Is it worth getting a solicitor for a case like this?

It is always advisable to seek advice from a qualified solicitor for your specific case, as they can provide expert guidance on the legal merits and procedural steps involved.

Fonte oficial: First-tier Tribunal (General Regulatory Chamber) — ementa e inteiro teor reproduzidos das bases públicas do tribunal.Resumo, tese, resumo técnico e perguntas: elaborados por Inteligência Artificial com base na ementa e no acórdão oficiais.