UK case law
Taylor Alvarez v The Registrar of Approved Driving Instructors
[2025] UKFTT GRC 1316 · First-tier Tribunal (General Regulatory Chamber) – Transport · 2025
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Full judgment
2. On 22 September 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.
3. The basis of the application is that regulation 14(b) of the Motor Cars (Driving Instruction) Regulations 2005 provides that a trainee licence remains in force until the day immediately following the trainee’s third unsuccessful attempt at the instructional ability (Part 3) test.
4. The respondent stated that the appellant failed the Part 3 test for the third time on 19 September 2023.
5. The appellant was put on notice that the tribunal was considering striking out his appeal on 24 September 2025. He was directed to respond by no later than 8 October 2025 to make any representations as to why he considered his appeal should not be struck out. He was advised that if he did not respond, the tribunal may strike out his appeal.
6. No response has been received from the appellant.
7. The appeal was listed for hearing by video at 14:00 on 4 November 2025. The clerk to the tribunal contacted the appellant on the morning of the hearing to enquire whether the appellant had responded to the directions made on 24 September 2025 and whether she intended on attending the hearing. The appellant confirmed that she had failed her part 3 test and that she understood the hearing was to be cancelled. She confirmed that she would not attend and accordingly the hearing was vacated.
8. 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 her appeal would be struck out and has had a proper opportunity to provide a response.
9. I am satisfied that the appellant failed the Part 3 test for the third time on 19 September 2025 and accordingly that she is longer permitted to hold a trainee licence. I find therefore that her appeal has no realistic prospect of success.
10. The appeal is struck out pursuant to rule 8(3)(c) of the Procedure Rules and is at an end. Signed J K Swaney Date: 4 November 2025 Judge J K Swaney Judge of the First-tier Tribunal