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First-tier Tribunal (General Regulatory Chamber)


You are here: BAILII >> Databases >> First-tier Tribunal (General Regulatory Chamber) >> Tankisi v Registrar of Approved Driving Instructors [2025] UKFTT 709 (GRC) (16 June 2025)
URL: http://www.bailii.org/uk/cases/UKFTT/GRC/2025/709.html
Cite as: [2025] UKFTT 709 (GRC)

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Neutral citation number: [2025] UKFTT 709 (GRC)

 Case Reference: FT/D/2024/1028

First-tier Tribunal

(General Regulatory Chamber)

Transport

 

Decided without a hearing

Heard on: 16 June 2025

Decision given on: 16 June 2025

Before

 

JUDGE SAWARD

 

Between

 

CELAL TANKISI

Appellant

and

 

REGISTRAR OF APPROVED DRIVING INSTRUCTORS

Respondent

Decision: The appeal is struck out.

 

REASONS

 

1.      On 4 October 2024 the Appellant appealed the Respondent's decision dated   27 September 2024 not to grant them a third trainee licence under section 129 of the Road Traffic Act 1988. The Appellant wished to gain more practical experience of driving instruction before their third and final attempt at passing Part 3 of the Qualifying Examination.

2.      Pending the hearing of this appeal, however, the Appellant took and failed the Part 3 test for the third time on 29 May 2025.

3.      Under Regulation 14 of the Motor Cars (Driving Instruction) Regulations 2005. "A licence shall remain in force until—

(a)    the expiration of a period of 6 months commencing on the date of the grant, or

(b)    the day immediately following the day on which the holder of the licence failed the instructional ability and fitness test at the third attempt,

whichever shall first occur."

 

4.      This meant that the Appellant's trainee licence was revoked by operation of Regulation 14(b), and they must re-take all parts of the Qualifying Examination.

5.      In consequence, the Tribunal no longer has jurisdiction in this matter. It is not legally possible for the Tribunal to uphold the appeal. The Appellant was copied into the Respondent's application to strike out the appeal on 3 June 2025. The Appellant has had just short of 2 weeks to make representations in response. None have been received. In the circumstances, I consider it in the interests of justice to proceed to determination.

6.      Since the appeal cannot succeed, the only proper course is to strike it out under                 Rule 8(3)(c) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009, on the basis that there is no reasonable prospect of the appeal succeeding.

 

 

Signed:  Judge Saward                                            Date: 16 June 2025

                                                                 

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