Neal Andrew I’Anson v The Registrar of Approved Driving Instructors

Section 123(1) of the Road Traffic Act 1988 (‘the Act’) prohibits the giving of instruction paid for by or in respect of a pupil in the driving of a motor car unless the instructor's name is on the Register of Approved Driving Instructors, or he is the holder of a current licence issued under Section 129(1) of the Act.

The 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. The appeal regards the Registrar's decision to refuse the appellants trainee licence application.

In this is a case the Registrar has decided to refuse the appellants application for a third trainee licence as the appellant has already had the benefit of 2 licences lasting 12 months. This has given the appellant sufficient opportunity to gain the necessary experience.

The Respondents records show the appellant failed a third attempt at the test on 04/04/2025. Therefore, any continuing rights are revoked, and it is now illegal for the appellant to give any further instruction for reward or payment. The Appellant does not dispute this.

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.

At the hearing the appellant helpfully concedes the Respondents submissions and agrees that the appeal should be withdrawn.

Accordingly, the Tribunal hereby accept the withdrawal of this appeal.