Harun Osmane Omar v The Registrar of Approved Driving Instructors [2025] UKFTT 671 (GRC)
[1]The Appellant lodged an appeal on form GRC1.[2]The Appeal was progressing through the Appeal process, with a hearing slot allocated, when the Respondent filed a GRC5 requesting that the Appeal be struck out, as the Appeal has no reasonable prospects of success. The Respondent indicated that the Appellant has failed 3 attempts at his Part 3 examination and is now statute barred from undertaking any further instructional activities and the trainee licence has lapsed. The final unsuccessful attempt took place on 23rd May 2025.[3]By virtue of paragraph 8(3) of The Tribunal Procedure (First Tier Tribunal)(General Regulatory Chamber) Rules 2009, the Tribunal may strike out a party’s case, in whole or in part, 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; orc. the Tribunal considers there is no reasonable prospect of the appellant's case, or part of it, succeeding.[4]Regulation 14(b) of the Motor Cars (Driving Instruction) Regulations 2005 stipulates that a trainee licence expires following a third unsuccessful attempt at the Part 3 examination. Here the Appellant failed the final attempt on 23rd May 2025. There is no power to extend a licence as a result and the Appeal must fail as a result. Accordingly, in the language of the Tribunal Rules “ there is no reasonable prospect of the Appellant’s case succeeding” and it is therefore struck out with immediate effect. Signed: HH Judge David Dixon Date: 9th June 2025