David McGraw v Registrar of Approved Driving Instructors [2026] UKFTT 1046 (GRC)
[1]The Appellant appeals against the decision of the Respondent dated 17 April 2026 to refuse his application for a third driving instructor trainee licence.[2]The Respondent made application by way of Form GRC5 dated 24 June 2026, copied to the Appellant, 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) Regulations 2005, 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 31 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 26 June 2026 issued by the Tribunal’s Legal Officer, the Appellant was advised that, the Respondent had stated that the Appellant had failed his third, and final permitted attempt to pass his Part 3 test and, therefore, could not continue to hold a valid trainee test. This was incorrect. However, in any event, the Appellant was correctly advised that the Tribunal was considering striking out this appeal, pursuant to Rule 8(3)(c) of the Rules, as having no reasonable prospect of success [albeit for the reasons stated by the Respondent in his strike out application], and inviting the Appellant, pursuant to Rule 8(4) of the Rules, to make representations, by 10 July 2026, as to why this appeal should not be struck out or to confirm that he wished to withdraw his appeal.[4]In an email dated 29 June 2026, the Appellant made representations, stating that he never undertook a third attempt at a Part 3 test – not that he had failed same – on the advice of the Respondent’s examiner due to an engine warning light appearing on his vehicle but that when he had tried to re-book the same day, the Respondent had stated that he could not do so and that the test had not taken place due to the condition of his vehicle.[5]While the said date of 10 July 2026 has not yet been reached, this is of no probative concern since the Appellant did, in fact, make representations, by his said email dated 29 June 2026.[6]The Tribunal decided, having regard to the Overriding Objective, that this appeal should be, and is, struck out, pursuant to Rule 8(3)(c) of the Rules, as having no reasonable prospect of success, based upon the contents of the Respondent’s strike out application. Signed: Judge McMahon Tribunal Judge Date: 9 July 2026