Case Reference: FT/D/2024/0621
Transport
Decided without a hearing
Before
JUDGE HEALD
Between
AHMED KHALID MOHAMMED MEHEDIYAR
Appellant
and
THE REGISTRAR OF APPROVED DRIVING INSTRUCTORS
Respondent
Decision: The Appeal is Dismissed.
REASONS
To qualify as an Approved Driving Instructor an applicant is required to pass a Qualifying Examination. This is in 3 parts and three attempts are allowed at each part. The whole examination (parts 1-3 inclusive) must be completed within two years of passing part 1. Paid driving instruction may not be given unless a person's name is on the Register of Approved Driving Instructors or they hold a (trainee) licence issued pursuant to section 129(1) Road Traffic Act 1988 ("the Act") and The Motor Cars (Driving Instruction) Regulations 2005 ("the 2005 Regs").
Regulation 14 of the 2005 Regs provides as follows:-
A licence shall remain in force until—
(a)the expiration of a period of 6 months commencing on the date of the grant, or
(b)the day immediately following the day on which the holder of the licence failed the instructional ability and fitness test at the third attempt,
whichever shall first occur.
The Appellant was granted two Licences. On 11 June 2024 the Appellant requested a 3rd Licence. On 13 June 2024 the Registrar notified the Appellant that he was considering the refusal of this 3rd Licence about which representation were made on 22 June 2024.
On 15 July 2024 the Registrar refused the Appellant's request for a 3rd trainee Licence following which this Appeal was issued on 18 July 2024 pursuant to section 131(2)(a) of the Act and as a result of which the Licence remained in force by section 129(6) of the Act. The Registrar responded opposing the Appeal.
It appears that on 1 October 2024 the Appellant failed the 3rd attempt at the instructional ability test and thus by reg 14(b) of the 2005 Regs the Licence was no longer in force.
On 3 December 2024 Directions were issued (and sent to the Appellant on 4 December 2024) that included:-
The Respondent has informed the Tribunal that you have failed in your final attempt at the Part 3 Test, that is the practical instructional ability and fitness test.
The Tribunal can only do what Parliament allows. Parliament has decided that a person cannot hold a trainee licence once they have, on three occasions, failed to pass the instructional ability and fitness test
Therefore, the Tribunal is considering striking out your appeal on the ground of lack of reasonable prospects of your appeal succeeding pursuant to Rule 8(3)(c) of The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009. Before the Tribunal considers whether to strike out your appeal Rule 8(4) provides an opportunity for you to provide representations.
By no later than 17 December 2024 you should provide to the Tribunal:
Any representations as to why you consider the Tribunal should not strike out your appeal; OR
Confirmation you wish to withdraw your appeal."
There appears to have been no response from the Appellant thereafter.
By a form GRC5 dated 16 April 2025 the Registrar asked that the Appeal be struck out pursuant to rule 8(3)(c) The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 which provides that:-
The Tribunal may strike out the whole or a part of the proceedings if (c) the Tribunal considers there is no reasonable prospect of the appellant's case, or part of it, succeeding"
The grounds of the application are that on 1 October 2024 the Appellant failed the 3rd attempt at the instructional ability test and thus by reg 14(b) of the 2005 Regs the Licence is no longer in force.
By rule 8(4) 2009 Rules:-
The Tribunal may not strike out the whole or a part of the proceedings under paragraph...(3)(b) or (c) without first giving the appellant an opportunity to make representations in relation to the proposed striking out"
Although I could not see with certainty that the GRC5 was sent to the Appellant he was sent the Directions of 3 December 2024 warning of a possible strike out decision.
The Appellant has failed the 3rd attempt at the instructional ability test. There is no reasonable prospect of the Appellant's casesucceeding because of this and the provisions of reg 14(b) of the 2005 Regs. It is fair and just that the Appeal is struck out by rule 8(3)(c) 2009 Rules.
Signed Judge Heald Date: 20 August 2025