FT/D/2025/0562 - [2025] UKFTT 01311 (GRC)

The appeal was listed for hearing at 10:00 am on 4 November 2025 by video. At the appointed time, neither the appellant nor the respondent had joined and the clerk to the tribunal contacted the appellant to see whether he would be attending. The appellant stated that he would not attend.

On 6 October 2025 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 realistic 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 21 September 2023, which is more than two years ago. This is confirmed by the appellant’s test results history contained in the appeal bundle.

The appellant was put on notice that the tribunal was considering striking out his appeal on 13 October 2025. He was directed to respond by no later than 3 November 2025 to confirm whether he accepted that the time for completing the Part 3 test had expired and was advised that if he did, his appeal would be struck out. He was also advised that if he did not respond, the tribunal may strike out his appeal.

No response was received from the appellant.

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 passed on 23 September 2025 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.