Andrew Thomas v The Registrar of Approved Driving Instructors [2026] UKFTT 934 (GRC)
Background to Appeal
[1]This appeal concerns a decision of the Registrar of Approved Driving Instructors (“the Registrar”) made 17th February 2026 to refuse to grant the Appellant a third trainee licence.[2]The Appellant was a trainee driving instructor who was granted a trainee licence under s.129 of the Road Traffic Act 1988 http://www.legislation.gov.uk/ukpga/1988/52/part/V/crossheading/licences (‘the Act’) for a six-month period, then another, but was refused a further licence at the end of the relevant period.[3]The Registrar’s reasons for refusal, in summary, were that the Appellant had not passed the final part of the ADI qualifying examination within the relevant period and as insufficient evidence of loss of training time was supplied that the Appellant had had long enough to progress, and the application to issue a third trainee licence was therefore refused.[4]The Appellant appeals the Registrar’s decision.Appeal to the Tribunal
[5]The Appellant’s Notice of Appeal, dated 21st January 2026, relied on grounds that had suffered a medical flare up that affected his ability to train. Having been massively restricted as a result of the issue he asked for a third licence.[6]The Respondent submitted a Response indicating that the decision letter sets out their position.[7]Latterly, via GRC5 form, the Registrar points out that the Appellant failed his final test on 17th April 2026 and therefore must restart the process if he is to become an ADI, pursuant to Regulation 14(b) of the Motor Cars (Driving Instructor) Regulations 2005.Mode of Determination
[8]The case was determined on the papers, after the Appellant failed his third Part 3 attempt. The Tribunal considered the papers and came to the conclusion that such a determination was fair and appropriate, and in accordance with the Tribunal Rules and the wider interests of justice.[9]The Tribunal considered a bundle of evidence.Conclusion
[10]The Tribunal considered carefully all the papers before it.[11]Having failed his Part 3 examination three times the Appeal is bound to fail and has no merit. Regulation 14(b) of the Motor Cars (Driving Instructor) Regulations 2005 makes it plain that trainee instructors have 3 attempt to pass their Part 3 examination and having failed in that regard the licence then issued ceases to have effect. Accordingly the appeal is struck out as having no merit pursuant to rule 8(3) of the Tribunal Rules.[12]In all the circumstances, the Tribunal strikes out the appeal as lacking any merit.[13]As no response has been received by the Appellant the striking out will not take effect until 10th July 2026. If the Appellant should dispute the factual position by that date the matter can be referred back for further consideration. If no response is received the file is struck out without further steps being required. (Signed) HHJ David Dixon 14. DATE: 17th June 2026