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Struck OutFirst-tier Tribunal (General Regulatory Chamber)·

Trainee Driving Instructor's Appeal Struck Out After Failing Final Exam Three Times

Processo nº

📌 Em resumo

A trainee driving instructor appealed to the First-tier Tribunal after the Registrar of Approved Driving Instructors refused to grant a third trainee licence. The refusal was because the instructor hadn't passed the final exam. The Tribunal, led by HHJ David Dixon, struck out the appeal because the instructor ultimately failed the exam three times, which meant their licence was no longer valid under the rules.

⚖️ Tese Jurídica

A trainee driving instructor's appeal against the refusal of a third trainee licence will be struck out if they have failed the Part 3 examination three times, as this renders the licence ineffective under Regulation 14(b) of the Motor Cars (Driving Instructor) Regulations 2005.

Temas

driving instructor regulationtrainee licence refusalregulatory appealprofessional qualification

Dispositivos

s.129 Road Traffic Act 1988Regulation 14(b) Motor Cars (Driving Instructor) Regulations 2005

📖 O que diz a lei

Regulation 14(b) Motor Cars (Driving Instructor) Regulations 2005

This specific rule explains what happens if a trainee driving instructor fails the final part of their qualifying exam three times. It states that after three failures, their trainee licence immediately stops being valid. This means they can no longer continue training as an instructor under that licence.

Section 129, Road Traffic Act 1988

This section is part of the main law that governs road traffic in the UK. It sets out the general legal framework for how driving instructors are approved and regulated. The more detailed rules, like those for trainee licences, are made under the authority of this Act.

Ver o texto da lei

Licences for giving instruction so as to obtain practical experience. 129 1 A licence under this section is granted for the purpose of enabling a person to acquire practical experience in giving instruction in driving motor cars with a view to undergoing such part of the examination referred to in section 125(3)(a) as consists of a practical test of ability and fitness to instruct . 1A An application for a licence to give paid instruction in the driving of a motor car must be made to the Registrar, in the manner determined by the Secretary of State, accompanied by particulars so determined. 1B…

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

📖 Resumo técnico

The First-tier Tribunal struck out an appeal by a trainee driving instructor against the Registrar's refusal to grant a third trainee licence, as the appellant had failed the final part of the ADI qualifying examination three times, rendering the appeal without merit.

📜 Ementa Documento oficial

This appeal concerned a decision by the Registrar of Approved Driving Instructors to refuse a third trainee licence to a trainee driving instructor. The Registrar's refusal was based on the appellant not passing the final part of the ADI qualifying examination within the relevant period. The appellant appealed, citing personal circumstances and test date delays. However, the appellant subsequently failed their third Part 3 examination attempt. The First-tier Tribunal (General Regulatory Chamber), presided over by HHJ David Dixon, determined the case on the papers and struck out the appeal by consent, finding it had no merit. The Tribunal reasoned that Regulation 14(b) of the Motor Cars (Driving Instructor) Regulations 2005 makes it clear that trainee instructors have three attempts to pass their Part 3 examination, and having failed, the licence ceases to have effect.

📚 Inteiro teor Documento oficial

Neutral citation number: [2026] UKFTT 00924 (GRC) Case Reference: FT/D/2025/1455 First-tier Tribunal General Regulatory Chamber TRANSPORT Determined on the papers on 18 th June 2026 Decision given on: 23 rd 2026 Before HHJ DAVID DIXON Between [APPELLANT] Appellant and THE REGISTRAR OF APPROVED DRIVING INSTRUCTORS Respondent DECISION: The Appeal is struck out by consent. REASONS Background to Appeal 1. This appeal concerns a decision of the Registrar of Approved Driving Instructors (“the Registrar”) made 12 th December 2025 to refuse to grant the [APPELLANT] a third trainee licence.

2. The [APPELLANT] was a trainee driving instructor who was granted a trainee licence under s.129 of the Road Traffic Act 1988 http://www.legislation.gov.uk/ukpga/1988/52/part/V/crossheading/licences (‘ the Act ’) for a six-month period, and then another, but was refused a further licence at the end of the relevant period.

3. The Registrar’s reasons for refusal, in summary, were that the [APPELLANT] had not passed the final part of the ADI qualifying examination within the relevant period and as insufficient evidence of loss of training time was supplied that the [APPELLANT] had had long enough to progress, and the application to issue a third trainee licence was therefore refused.

4. The [APPELLANT] appeals the Registrar’s decision. Appeal to the Tribunal 5. The [APPELLANT]’s Notice of Appeal, dated 22 nd December 2025, relied on grounds that he needed to travel abroad to see relatives and a bereavement had significantly affected his ability to train. He also said delays getting test dates had not helped.

6. The Respondent submitted a Response indicating that the decision letter sets out their position.

7. Latterly, via GRC5 form, the [APPELLANT] points out that he failed his final test on 8 th June 2026 and therefore seeks his appeal be struck out. Mode of Determination 8. The case was determined on the papers, after the [APPELLANT]’s admitted failed third Part 3 attempt. The Tribunal considered the papers and came to the conclusion that such a determination was fair and appropriate, and in accordance with the Tribunal Rules and the wider interests of justice. Conclusion 9. The Tribunal considered carefully all the papers before it.

10. The Appeal fails as the [APPELLANT] has failed his Part 3 examination three times. Regulation 14(b) of the Motor Cars (Driving Instructor) Regulations 2005 makes it plain that trainee instructors have 3 attempt to pass their Part 3 examination and having failed in that regard the licence then issued ceases to have effect. Accordingly the appeal is struck out as having no merit.

11. The [APPELLANT] is thanked for his assistance in contacting the Tribunal and asking that this matter be resolved.

12. This appeal is struck out. (Signed) HHJ David Dixon DATE: 18 th June 2026

📊 Como os tribunais decidem casos parecidos

Entre 12 decisões semelhantes neste acervo:

Struck Out8 casos
Dismissed3 casos
Allowed1 caso

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

⚖️ O que costuma pesar em casos assim

✅ Costuma ser acolhido

  • The regulatory body did not properly consider the person's personal situation or medical information.

❌ Costuma ser rejeitado

  • The appeal has no reasonable chance of succeeding.
  • The person no longer meets the legal requirements for the licence.
  • The person has failed the Part 3 driving instructor test three times.
  • The person did not follow the Tribunal's instructions.
  • The licence is for gaining experience for a reasonable time, not for endless renewals.

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 by a trainee driving instructor who was trying to get a third trainee licence.

Who was involved?

This case involved a trainee driving instructor (the appellant) and the Registrar of Approved Driving Instructors (the respondent).

How did the court decide, and why?

The Tribunal struck out the appeal because the trainee instructor had failed the final Part 3 driving instructor examination three times. Under the relevant regulations, this meant their licence was no longer valid, making the appeal pointless.

Which laws or rules were applied?

The key rules applied were Section 129 of the Road Traffic Act 1988, which covers trainee licences, and Regulation 14(b) of the Motor Cars (Driving Instructor) Regulations 2005, which limits trainee instructors to three attempts for the Part 3 exam.

What was the argument that mattered most?

The most important argument was that the trainee instructor had failed the Part 3 examination three times. This fact meant that, regardless of other reasons for the appeal, their licence was no longer valid, so the appeal could not succeed.

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

The decision was against the trainee driving instructor who brought the case, as their appeal was struck out.

What does this mean for someone in a similar situation?

If you are a trainee driving instructor, this decision highlights the importance of passing the Part 3 examination within the allowed three attempts. Failing three times will likely mean your trainee licence becomes invalid, and any appeal against a refusal to extend it will fail.

What evidence or documents mattered?

The key documents were the Registrar's decision to refuse the licence, the trainee instructor's notice of appeal, and crucially, the confirmation that the trainee instructor had failed their third Part 3 examination attempt.

Can a decision like this be appealed?

Decisions from the First-tier Tribunal can sometimes be appealed to the Upper Tribunal, but usually only if there's a legal error in the decision, not just because you disagree with the outcome.

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

It is always recommended to get advice from a qualified solicitor for your specific situation, especially when dealing with regulatory decisions and appeals, as they can help you understand the rules and your options.

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.