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First-tier Tribunal (General Regulatory Chamber)
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Islam v Registrar of Approved Driving Instructors [2025] UKFTT 618 (GRC) (04 June 2025)
URL: http://www.bailii.org/uk/cases/UKFTT/GRC/2025/618.html
Cite as:
[2025] UKFTT 618 (GRC)
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Neutral Citation Number: [2025] UKFTT 618 (GRC) |
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Case Reference: FT.D.2025.0075 |
First-tier Tribunal
(General Regulatory Chamber)
TRANSPORT
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Decided without a hearing
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Decision Given On: 4 June 2025 |
B e f o r e :
HHJ David Dixon
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Between:
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ASHRAF ISLAM
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Appellant
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- and -
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THE REGISTRAR OF APPROVED DRIVING INSTRUCTORS
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Respondent
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____________________
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HTML VERSION OF DECISION
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Crown Copyright ©
Decision: The appeal is struck out.
REASONS
- On 9th January 2025 the Appellant dated an appeal on form GRC1, which later arrived at the Tribunal. The Appellant sought a third trainee licence.
- The Appeal was progressing through the Appeal process, with a hearing slot allocated, when the Respondent filed a GRC5 requesting that the Appeal be struck out, as the Appeal has no reasonable prospects of success. The Respondent indicated that the Appellant has failed 3 attempts at his Part 3 examination and is now statute barred from undertaking any further instructional activities and the trainee licence has lapsed. The final unsuccessful attempt took place on 25th April 2025.
- By virtue of paragraph 8(3) of The Tribunal Procedure (First Tier Tribunal)(General Regulatory Chamber) Rules 2009, the Tribunal may strike out a party's case, in whole or in part, where:
a. the appellant has failed to comply with a direction which stated that failure by the appellant to comply with the direction could lead to the striking out of the proceedings or part of them;
b. the appellant has failed to co-operate with the Tribunal to such an extent that the Tribunal cannot deal with the proceedings fairly and justly; or
c. the Tribunal considers there is no reasonable prospect of the appellant's case, or part of it, succeeding.
- Regulation 14(b) of the Motor Cars (Driving Instruction) Regulations 2005 stipulates that a trainee licence expires following a third unsuccessful attempt at the Part 3 examination. Here the Appellant failed the final attempt on 25th April 2025. There is no power to extend a licence as a result and the Appeal must fail as a result. Accordingly, in the language of the Tribunal Rules " there is no reasonable prospect of the Appellant's case succeeding" and it is therefore struck out with immediate effect.
Signed: HH Judge David Dixon
Date: 29th May 2025