Michael Still v Registrar of Approved Driving Instructors

This is an appeal against the Respondent’s decision to refuse to issue the Appellant with a further licence under section 129 of the Road Traffic Act 1988. Such licences are issued with a view to the applicant undergoing an instructional ability and fitness test.

On 14 July 2025 the Respondent applied to strike this appeal out under rule 8(3)(c) of the Procedure Rules on the grounds that the appeal has no reasonable prospects of success.

Regulation 3(4) of the Motor Cars (Driving Instruction) Regulations 2005 stipulates that a person shall be regarded as having passed the driving instructor examination if four conditions are satisfied. Condition (c) is that the person makes an application to take the instructional ability and fitness test within 2 years after passing the written examination and having passed all of the elements of the driving ability and fitness test. The Respondent says that the Appellant passed the written test on 12 January 2023 and as two years have passed the Appellant will not be able to book any further instructional ability test as he is no longer eligible.

On 30 July 2025 the Appellant responded saying that he agreed with the Respondent and that he is unable to restart his training while the appeal is ongoing.

In light of the submissions of both parties I am satisfied that the present appeal has no prospects of success. I am satisfied that the Appellant has had a reasonable opportunity to make representations, and indeed he has done so. The appeal is therefore struck out under Rule 8(3)(c).