Rafique Ullah v The Registrar of Approved Driving Instructors

The matter was set down for final hearing today, 22^nd May 2026. Neither the Appellant nor the Respondent was in attendance.

The Respondent has applied to have the case struck out under Rule 8(3)(c) on the basis that the appeal has no reasonable prospect of success.

The Respondent stated that Regulation 14(b) of the Motor Cars (Driving Instruction) Regulations stipulate that a trainee license expires the day following the trainee’s third unsuccessful attempt at the instructional ability test and that, according to his records, the Appellant had failed that test for the third time on 8^th April 2026.

That having been served on the Appellant, the Appellant made no reply and did not attend the hearing today. He confirmed to my clerk, over the phone, that he had failed his instructional ability test for the third time.

Under Rule 8(3)(c), the Tribunal may strike out a case where the Tribunal considers there is no reasonable prospect of the Appellant's case, or part of it, succeeding. Under Regulation 14(b) may not re-take the part 3 test. There is therefore no jurisdiction to extend the trainee license.

I consider that the Appellant has had opportunity to respond, as is required by Rule 8(4).

The test under Rule 8(3)(c) is met and the appeal is therefore struck out.

In making this decision I have considered the overriding objective and exercised my discretion under Rule 8(3).