Shuaib Khan v The Registrar of Approved Driving Instructors

1. On 06 October 2025, the Appellant filed a notice of appeal against a decision of the Registrar of Approved Driving Instructors (“the Registrar”) made on 24 September 2025 to refuse to grant the Appellant a third trainee licence.

2. On 24 November 2025, the Respondent filed an application for the appeal to be struck out. The application was made on the basis that, as the Appellant failed the instructional ability test for the third time on 21 November 2025, he was no longer eligible for a trainee driving licence and, as such, his appeal had no reasonable prospect of success.

3. Pursuant to rule 8(4) of the Tribunal Procedure (First-tier Tribunal)(General Regulatory Chamber) Rules 2009, the Tribunal may not strike out the whole or a part of the proceedings under paragraph (3)(c) without first giving the Appellant an opportunity to make representations relating to the proposed striking out of his appeal.

4. Case Management Directions were made by Legal Officer Bringhurst on 15 December 2025. The directions stated: “5. By no later than 29 December 2025 you should provide to the Tribunal: 5.1 Any representations as to why you consider the Tribunal should not strike out your appeal; OR 5.2 Confirmation that you wish to withdraw your appeal”.

5. The Appellant has not responded to the Case Management Directions that were made on 15 December 2025.

6. Rule 8(3) of the Tribunal Procedure (First-tier Tribunal)(General Regulatory Chamber) Rules 2009 states that: “(3) The Tribunal may strike out the whole or part of the proceedings if – (a) …… (b) …… (c) the Tribunal considers there is no reasonable prospect of the appellant’s case, or part of it, succeeding”.

7. The Appellant has now failed the instructional ability and fitness test on three occasions – 23 December 2024, 29 April 2025, and 21 November 2025.

8. Regulation 14(b) of the Motor Cars (Driving Instruction) Regulations 2005 stipulates that a trainee driving licence will remain in force until the day immediately following the holder of the licence failed the instructional ability and fitness test at the third attempt.

9. I am satisfied that the Appellant has been given the opportunity to make representations relating to the proposed strike-out. I am also satisfied that the appeal has no reasonable prospects of success, given that the Appellant has failed the instructional ability and fitness test on three occasions and is therefore no longer eligible for a trainee driving licence.

10. The appeal is therefore struck out.