Daniel McMahon v The Registrar of Approved Driving Instructors [2025] UKFTT 1596 (GRC)
[2]On 27 May 2025, the Appellant filed a Form GRC1 with the Tribunal to appeal against the decision of the Respondent to refusal by the Respondent to grant a further trainee license.[3]On 24 November 2025, the Respondent filed a Form GRC5 inviting the Tribunal to strike out the appeal under Rule 8(3)(c) on the basis that the appeal has no reasonable prospect of success.[4]The Respondent stated that Regulation 3(4)(c) of the Motor Cars (Driving Instruction) Regulations 2005 stipulates that within 2 years of passing the written examination and having passed all of the elements of the driving ability and fitness test, may make an application to take the instructional ability and fitness test. As the Appellant passed Part 1 on 29 July 2023, the time has now expired and the Appellant is no longer permitted to book any further Part 3 tests as there are no longer eligible and accordingly, a trainee licence is not required.[5]On 28 November 2025, Legal Officer Bringhurst directed the Appellant to provide any representations they wish to make in relation to the proposed striking out of their appeal to the Tribunal by 12 December 2025.[6]The Appellant has not complied with this direction nor responded to the case management directions of Judge Harris whatsoever.[7]The Tribunal considers that Regulations 3(4)(c) and (d) of the Motor Cars (Driving Instruction) Regulations 2005 provide that all Parts of the driving instructor examination must be passed within 2 years of passing the Part 1 written examination.[8]The Appellant has not passed all Parts of the examination within this timeframe and accordingly, cannot be allowed to hold a trainee driving instructor licence pursuant to Regulation 3(3) of the Motor Cars (Driving Instruction) Regulations 2005.[9]Under Rule 8(3), the Tribunal may strike out a case where:(a) the Appellant has failed to comply with a direction which stated that failure by the appellant to comply with the direction could lead to the striking out of the proceedings or part of them;(b) the Appellant has failed to co-operate with the Tribunal to such an extent that the Tribunal cannot deal with the proceedings fairly and justly; or(c) the Tribunal considers there is no reasonable prospect of the Appellant's case, or part of it, succeeding.[4]The tests under Rule 8(3) are met and the appeal is therefore struck out. Signed: Judge Mornington Date: 23 December 2025