Nuhman Mohamed Hashim v The Registrar of Approved Driving Instructors

This appeal is brought pursuant to the Road Traffic Act 1988. It relates to a decision made by the Respondent on 5 November 2025 to refuse the Appellant's request for a third trainee licence.

In order to qualify as an Approved Driving Instructor, applicants must pass the Qualifying Examination. This comprises: the written examination ('Part 1'); the driving ability and fitness test ('Part 2'); and the instructional ability and fitness test ('Part 3').

The whole examination must be completed within 2 years of passing Part 1 (unless the Part 3 test has been booked before the expiry of 2 years) failing which the whole examination has to be retaken. Three attempts are permitted at each part.

The Respondent opposes the appeal and in Form GRC5 dated 11 May 2026 applied for the appeal to be struck out under rule 8(3)(c) of the Rules on the grounds that, on 8 May 2026, the Appellant failed the institutional ability/part 3 test for a third time. Regulation 14(b) of the Motor Cars (Driving Instruction) Regulations 2005 provides that a trainee licence remains in force until the day immediately following the trainee’s third unsuccessful attempt at the instructional ability test. Accordingly, any continuing rights are revoked and it is illegal for the Appellant to give any further instruction for reward or payment.

Rule 8(3)(c) of the 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."

On 15 May 2026 Case Management Directions were issued directing the Appellant to make representations in relation to the proposed strike out, if he so wished, within 14 days of being sent the Directions. The Appellant has made no representations.

I find that a person cannot hold a trainee licence once they have on three occasions, failed to pass the instructional ability and fitness test. The Appellant has failed the instructional ability and fitness test on three occasion and accordingly the appeal cannot succeed. This Tribunal has no jurisdiction to permit a fourth attempt at the part 3 test.

Pursuant to rule 8(3)(c) of the Rules I strike out the appeal because there is no reasonable prospect of success.