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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

This case involved an appeal to the First-tier Tribunal (General Regulatory Chamber) by someone who wanted to become a driving instructor. Their application for a third trainee licence was refused, and they appealed this decision. However, after failing their final driving instructor test, the Tribunal decided to strike out their appeal, meaning it could not continue. This was because the law states that a trainee licence cannot be valid once someone has failed all their allowed attempts at the test.

⚖️ Tese Jurídica

An appeal against the refusal of a trainee driving instruction licence will be struck out if the appellant has failed their maximum permitted attempts at the Part 3 test, as the licence can no longer remain in force.

Temas

driving instruction licencetrainee licenceappeal strike outregulatory appeal

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 explains when a trainee driving instructor's licence stops being valid. In this case, it meant the licence could no longer be in force because the person had failed their last allowed attempt to pass the driving instructor test.

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

This rule sets out the main goal for how the Tribunal should handle all its cases. It aims to ensure cases are dealt with fairly and efficiently, for example, by saving time and avoiding unnecessary costs.

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 if it decides that the appeal has no realistic chance of succeeding. The Tribunal used this power here because the appellant's licence could no longer be valid, making the appeal pointless.

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. This was due to the appellant failing their final permitted attempt at the Part 3 test, rendering the appeal without reasonable prospects of success under the relevant regulations.

📜 Ementa Documento oficial

Judge McMahon in the First-tier Tribunal (General Regulatory Chamber) struck out an appeal against the Registrar of Approved Driving Instructors' decision to refuse a third trainee driving instruction licence. The appellant had failed their maximum permitted third attempt to pass the Part 3 test. The Tribunal found that, pursuant to Regulation 14(b) of the Motor Cars (Driving Instruction) Regulations 2005, a trainee licence could no longer remain in force after such a failure. Applying the Overriding Objective under Rule 2 and Rule 8(3)(c) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009, the appeal was struck out as having no reasonable prospects of success.

📚 Inteiro teor Documento oficial

NCN: [2026] UKFTT 00958 (GRC) Case No. FT/D/2026/0111 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 23 January 2026 to refuse the Appellant’s application for a third trainee driving instruction licence, having taken account of the Appellant’s written representations in emails received on 20 October 2025 and 14 November 2025.

2. On 10 June 2026, the Respondent made application, copied to the Appellant that this appeal be struck out pursuant to Regulation 14(b) of the Motor Cars (Driving Instruction) Regulations 2005 (‘the Regulations’) since the Appellant had failed her maximum permitted third attempt to pass her Part 3 test on 8 June 2026 and since, pursuant to the said Regulation, a trainee licence may only remain in force until the day immediately following the Appellant’s third failed attempt to pass her Part 3 test.

3. The Appellant, in an email to the Tribunal dated 15 June 2026 seemed to confirm that she accepted that her appeal should be struck out in the circumstances. She did not request to withdraw her appeal.

4. In the said 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 (‘the Rules’), 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 her to withdraw her appeal.

5. 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 Out9 casos
Dismissed3 casos

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 are seeking.
  • The person appealing has failed the maximum number of attempts for a required test.
  • The person appealing has not followed the court's instructions.
  • The licence was intended for a reasonable training period, not for repeated extensions.

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 against the refusal of a trainee driving instructor licence, meaning the appeal could not go ahead.

Who was involved?

The person appealing was a prospective driving instructor, 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 prospective instructor had failed their final permitted attempt at the Part 3 driving instructor test. Under the law, a trainee licence cannot remain valid after this happens, so the appeal had no chance of success.

Which laws or rules were applied?

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

What was the argument that mattered most?

The most important point was that the prospective instructor had failed their third and final attempt at the Part 3 test, which legally meant their trainee licence could no longer be in force, making the appeal pointless.

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 and fail all your permitted attempts at the Part 3 test, any appeal against a licence refusal is likely to be struck out by the Tribunal.

What evidence or documents mattered?

The key evidence was the date of the refusal of the third trainee licence application and the date the prospective instructor failed their third Part 3 test attempt.

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 deadlines, and you usually need permission to appeal.

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 situation, especially when dealing with tribunal procedures and regulatory matters.

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.