Seerat Razzaq v Registrar of Approved Driving Instructors [2026] UKFTT 1148 (GRC)

[2026] UKFTT 01148 (GRC)

Case Reference: FT/D/2025/1425

First-tier Tribunal

General Regulatory Chamber

Transport

Considered In Chambers

Considered on: 6 August 2026

Determination given on: 11 August 2026

Before

TRIBUNAL JUDGE KENNETH MULLAN

Between

seerat razzaqAppellant

REGISTRAR OF APPROVED DRIVING INSTRUCTORSRespondent

N/A for Appellant

N/A for Respondent

Decision: The appeal is STRUCK OUT

REASONS

Date 2026-08-11

Background

[1]The appeal was listed for remote oral hearing using CVP on 22 July 2026.

[2]The Appellant did not participate in the remote oral hearing. In section 10 of his Notice of Appeal, the Appellant ticked a box to indicate that he wanted his appeal to be heard without a hearing. There was no representative from the office of the Registrar.

[3]On 6 August 2026, email correspondence was received in the office of the General Regulatory Chamber of the First-tier Tribunal (‘GRC)’ from the office of the Registrar of Approved Driving Instructors. In this correspondence, an Administrative Officer stated:

‘Please find attached a GRC5 requesting the Tribunal to strike out this appeal. Section 14(b)of the Motor Cars (Driving Instruction) Regulations 2005 stipulates that a trainee licence remains in force until the day immediately following the trainee's third unsuccessful attempt at the instructional ability test. Our records show the appellant failed their third attempt at the test on 05 August 2026. Therefore, any continuing rights are revoked, and it is now illegal for the appellant to give any further driving instruction for reward or payment. Once The General Regulatory Chamber - Transport Tribunal (GRC) have issued a decision confirming the appeal has been struck out, we can then refund the trainee licence fee back to the card the appellant paid on. Appellant – you will be able to apply to begin the ADI qualifying process again, once the GRC have issued a decision confirming that your appeal has been struck out. GRC – If the Appellant makes a subsequent application to withdraw their appeal, the Respondent consents to the withdrawal and for it being decided without a hearing.’

[4]The email correspondence was copied to the Appellant.

[5]As was noted by the Administrative Officer, a Form ‘GRC5’ was attached to the email correspondence of 6 August 2006. A Form GRC5 is a form for use when a party to the proceedings wishes to request a Case Management Direction (CMD) or decision from the GRC.

[6]In section 3 of the form, the Administrative Officer has indicated that she wishes the FtT to strike out a case. In more detail, she states:

‘The Registrar requests that the Tribunal consider striking out this appeal under rule 8(3)(c) of the Tribunal's Rules, on the basis that it had no reasonable prospects of success. This appeal regards the Registrar's decision to refuse the appellants trainee licence application. Regulation 14(b)of the Motor Cars (Driving Instruction) Regulations 2005 stipulates that a trainee licence remains in force until the day immediately following the trainee's third unsuccessful attempt at the instructional ability test. Our records show the appellant failed their third attempt at the test on 05 August 2026. Therefore, any continuing rights are revoked and it is now illegal for the appellant to give any further instruction for reward or payment.’

[7]In section 4, the Administrative Officer states that the steps which she had taken to tell the other parties (the Appellant) that she was making the application were that she had copied the application to him in the email correspondence of 6 August 2026.

A summary of the relevant substantive legal provisions

[8]It is unlawful and a criminal offence to give paid instruction in the driving of a motor vehicle, unless the conditions set out in s. 123 of the Road Traffic Act 1988 are satisfied. The two conditions of most relevance to the appeals we hear are:(i) that the name of the person concerned has been entered on the Register of Approved Driving Instructors, (ADIs) or

(ii) that the person concerned holds a Trainee Licence, issued under s. 129 of the 1988 Act.

[9]To have your name on the Register it is necessary(i) to pass the Qualifying Examination and

(ii) to meet the conditions set out in s. 125(3) of the 1988 Act.

[10]The Qualifying Examination is in three parts. Part I is a written exam. Part II is a test of driving ability and fitness and Part III consists of a test of instructional ability and fitness. Candidates are allowed three attempts at each part and must attempt each part in numerical order. Failure of any part at the third attempt means that the candidate must start the whole process all over again. All three parts must be passed within 2 years of the date on which the candidate passed Part I. However an attempt at Part III can be made after the 2 year period has expired provided that the booking for that attempt was made within the 2 year period.

[11]The emphasis here is my own.

The Motor Cars (Driving Instruction) Regulations 2005 (‘the 2005 Regulations’)

[12]Regulation 13 (1) and (2)(d) of the 2005 Regulations provides that:

‘Additional conditions to be satisfied for the grant of a licence 13. —(1) To the conditions as to which the Registrar is required to be satisfied for the grant of a licence under section 129 of the Act, there are added the following conditions which shall have effect subject to paragraph (3) below and to regulation 3(6). (2) The additional conditions are— … (d) that he has not failed the instructional ability and fitness test more than twice since he passed the written examination;’

[13]Once, again, the emphasis here is my own. The jurisdiction of the First-tier Tribunal 14. Rule 8(3) and (4) of the Tribunal Procedure (First-Tier Tribunal) (General Regulatory Chamber) Rules 2009 (‘the 2009 rules’), provides: ‘(3) The Tribunal may strike out the whole or a part of the proceedings if—(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 Tribunal may not strike out the whole or a part of the proceedings under paragraph (2) or (3)(b) or (c) without first giving the appellant an opportunity to make representations in relation to the proposed striking out.

Consideration

[15]I have noted, for the purposes of Rule 8(4) of the 2009 Rules, that the Administrative Officer copied the email correspondence of 6 August 2026 to the Appellant and forwarded a copy of the Form GRC5 to him.

[16]I have noted, for the purposes of Rule 8(4) of the 2009 Rules, that the email correspondence of 6 August 2026 and the Form GRC5, representing (i) the Tribunal’s consideration of the striking out his appeal on the ground of lack of reasonable prospects of his appeal succeeding pursuant to Rule 8(3)(c) of the 2009 Rules, the invitation to him to make representations as to why the appeal should not be struck out and (iii) the opportunity for the Appellant to confirm that he wished to withdraw his appeal, were shared with the Appellant on 6 August 2026.

[17]As noted above, the Respondent has informed the Tribunal that the Appellant has failed in his final attempt at the Part III test (the test of practical instructional ability and fitness). Accordingly, the extant appeal is bound to fail for the reasons set out in paragraphs 8 and 10 above.

[18]My determination, therefore, is that the appeal is STRUCK OUT under Rule 8(3) of the 2009 Rules. Signed Date: 7 August 2026 Judge Kenneth Mullan