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 This meant that the Appellant's trainee licence was revoked by operation of Regulation 14(b), and they must re-take all parts of the Qualifying Examination.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