Jason Austin v The Registrar for Approved Driving Instructors

This appeal was issued on 17 January 2026 and is brought pursuant to the Road Traffic Act 1988 ("the Act"). It relates to a decision made by the Respondent ("the Registrar") dated 7 January 2026 ("the Decision") to refuse the Appellant's request for a third trainee licence.

The Registrar opposed the appeal and on 26 February 2026 applied for it to be struck out by rule 8(3)(c) The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 ("2009 Rules") on the grounds that, on 25 February 2026, the Appellant had failed the institutional ability/part 3 test for a 3rd time.

A person may only provide paid driving instruction if their name is on the Register or if they hold a licence by section 129(1) of the Act and in accordance with The Motor Cars (Driving Instruction) Regulations 2005 ("the 2005 Regs").

To qualify as an Approved Driving Instructor an applicant is required to pass a Qualifying Examination. This is in 3 parts namely part 1 being a written examination, the driving ability and fitness test in part 2 and the instructional ability and fitness test in part 3. Three attempts only are allowed at each part. Reg 14 of the 2005 Regs states:-

Having passed part 2 the Appellant was issued with two 6 month licences. The Appellant then requested a 3rd licence. The Registrar told the Appellant that he was considering refusing this request about which the Appellant made representations. On 7 January 2026 the Registrar notified the Appellant of the Decision and this appeal is from that Decision.

On 26 February 2026 an application was made (copied to the Appellant) seeking the striking out of the appeal by rule 8(3)(c) 2009 Rules on the basis that the Appellant had failed part 3 for a 3rd time on 25 February 2026 and reg 14(b) of the 2005 Regs.

Rule 8(3)(c) 2009 Rules provides that "The Tribunal may strike out the whole or a part of the proceedings if—(c) the Tribunal considers there is no reasonable prospect of the appellant's case, or part of it, succeeding." Rule 8(4) provides that "(4) The Tribunal may not strike out the whole or a part of the proceedings under paragraph (2) or (3)(b) or (c) without first giving the appellant an opportunity to make representations in relation to the proposed striking out."

By Directions dated 13 March 2025 the Appellant was given an opportunity to make representations in relation to the proposed striking out. On 13 March 2026 the Appellant replied and said "...I do agree that I can no longer appeal and I was under the impression that this case had been closed..."

In my view there is no reasonable prospect of the Appellant's case succeeding and the appeal is therefore struck out.