Russell Thorpe v Registrar of Approved Driving Instructors

This is an appeal against a decision of the Registrar of Approved Driving Instructors (the “Registrar”) to refuse the Appellant’s application for a third trainee licence.

Under Rule 8(3)(c) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009, the Tribunal may strike out the whole or part of the proceedings if the Tribunal considers there is no reasonable prospect of the appellant's case, or part of it, succeeding.

The Registrar has applied for the appeal to be struck out because it has no reasonable prospects of success. This is because the Appellant failed their third attempt to pass the instructional ability test on 4 February. A trainee licence remains in force only until the day immediately following the trainee's third unsuccessful attempt at the instructional ability test (regulation 14(b) of the Motor Cars (Driving Instruction) Regulations 2005).

This application was made on 5 February 2025 and copied to the Appellant. The hearing of the appeal was due to take place at 3pm on 5 February. However, the Appellant confirmed to the Tribunal by telephone shortly before the hearing that he would not be attending because he had failed his third attempt at the test.

The Registrar cannot grant a trainee licence following a trainee's third unsuccessful attempt at the instructional ability test. Similarly, the Tribunal is not able to do so. This means that the appeal has no reasonable prospect of success.

I therefore strike out the appeal because there is no reasonable prospect of the Appellant's case, or part of it, succeeding.