Andre Du Toit v Registrar of Approved Driving Instructors [2026] UKFTT 1045 (GRC)
[1]The Appellant appeals against the decision of the Respondent dated 26 March 2026 to refuse his application for a third driving instructor trainee licence.[2]The Respondent made application by way of Form GRC5 dated 14 May 2026, copied to the Appellant, to which there was no reply, that this appeal should be struck out, pursuant to Rule 8(3)(c) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 (‘the Rules’), as having no reasonable prospect of success, since, pursuant to Regulation 3(4)(c) of the Motor Cars (Driving Instruction) Regulations2005, two years had elapsed within which the Appellant had to make application to undertake his Part 3 test, he having passed his Part 1 test on 13 May 2024. Accordingly, his existing trainee licence had expired and he was no longer eligible to book a further Part 3 test, the purpose of a trainee licence being solely to aid the Appellant to take a Part 3 test and, therefore, a trainee licence should no longer be required.[3]In Case Management Directions dated 4 June 2026 issued by the Tribunal’s Senior Legal Officer, the Appellant was advised that, on the basis of the said circumstances, the Tribunal was considering striking out his appeal but invited him, pursuant to Rule 8(4) of the Rules, to make any representations, by 19 June 2026, as to why his appeal should not be struck out or, to confirm that he wished to withdraw his appeal.[4]The Appellant made representations in an email dated 17 June 2026 essentially repeating his grounds of appeal, namely, a lack of availability of Part 3 test dates, he having twice failed to pass his Part 3 test.[5]The papers indicated that the Appellant contacted the Tribunal on 4 June 2026 and 2 July 2026 asking for an estimated date for ‘his withdrawal hearing’ to decide what he could do in the meantime.[6]While there is some suggestion, therefore, that the Appellant wished to withdraw his appeal, the Tribunal decided, having regard to the Overriding Objective, this appeal should be, and is, for greater certainty, struck out, pursuant to Rue 8(3)(c) of the Rules, as having no reasonable prospect of success. Signed: Judge McMahon Tribunal Judge Date: 9 July 2026