Jonathan Daniel Moore v The Registrar of Approved Driving Instructors

On 14 January 2026 the respondent made an application that the appellant’s appeal be struck out pursuant to rule 8(3)(c) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 (the Procedure Rules) because it has no reasonable prospect of success.

The basis of the application is that regulation 3(4) of the Motor Cars (Driving Instruction) Regulations 2005 provides that a person will be regarded as having passed the Approved Driving Instructor (ADI) examination where certain conditions are satisfied. The condition in regulation 3(4)(c) is that a person, within 2 years after passing the written examination and having passed all of the elements of the driving ability and fitness test, must have made an application to take the instructional ability and fitness test.

The respondent stated that the appellant passed the Part 1 test on 4 January 2024, which is more than two years ago. This is accepted by the appellant in his response to the application to strike the appeal out. The appellant accepts that his appeal has no reasonable prospect of success and that it should be truck out.

I am satisfied that pursuant to rule 8(4) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 (the Procedure Rules), the appellant was notified of the possibility that these proceedings would be struck out and has had a proper opportunity to provide a response.

I am satisfied that the two year period for passing all the requirements of the ADI examination has expired and that the appellant is no longer eligible to book or sit the Part 3 test. I find therefore that a trainee licence is no longer required, and his appeal has no realistic prospect of success.

The appeal is truck out pursuant to rule 8(3)(c) of the Procedure Rules and is at an end.