Barry Foote v The Registrar of Approved Driving Instructors

The appeal in this case concerns the Appellant’s application for a third licence under section 129 of The Road Traffic Act 1988 (the “Act”) to give paid instruction in the driving of a motor car (often known as a ‘trainee licence’).

The appeal was listed for an oral hearing on 17 March 2026 at 12:00pm.

The Respondent applied by way of form GRC5 dated 29 January 2026 to strike out the appeal, under rule 8(3)(c) of The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 (the “Tribunal Rules”), on the basis that there was no reasonable prospect of it succeeding.

Section 123(1) of the Act prohibits the giving of instruction in the driving of a motor car for payment unless the instructor is an Approved Driving Instructor or the holder of a current ‘trainee licence’ under section 129 of the Act.

In order to qualify as an Approved Driving Instructor, a qualifying examination (taken in three parts) must be passed. Only three attempts are permitted in respect of each part of the qualifying examination. If any part of the qualifying examination is failed after three attempts, the whole qualifying examination has to be retaken.

An applicant may be granted a trainee licence only if they have passed ‘Part 2’ of the qualifying examination and if they are eligible to take the ‘Part 3’ test.

Under Regulation 14(b) of the Motor Cars (Driving Instruction) Regulations 2005, a trainee licence remains in force until the day immediately following the trainee’s third unsuccessful attempt at the instructional ability test (‘Part 3’ of the qualifying examination).

The Respondent informed the Tribunal in their form GRC5 that the Appellant failed their third attempt at the ‘Part 3’ test on 28 January 2026. The Respondent subsequently provided the Tribunal with supporting information confirming this.

As the Appellant is no longer eligible to hold a trainee licence, for the reasons given above, this means that the appeal must fail.

In accordance with rule 8(4) of the Tribunal Rules, the Appellant was afforded the opportunity to make submissions in relation to the proposed strike-out, pursuant to Case Management Directions dated 11 March 2026. Those Directions required the Appellant to provide any submissions by 15 March 2026, or to confirm by that date that he did not wish to make any such submissions. The Appellant did not comply with those Directions as he did not provide any response.

I therefore strike the appeal out under rule 8(3)(c) of the Tribunal Rules because I am satisfied that there is no reasonable prospect of it succeeding.

The hearing which was scheduled for 17 March 2026 at 12:00pm is accordingly vacated.