Colin Reynolds v Driver and Vehicle Standards Agency

1. The DVSA has made an application to strike out this appeal on the basis that it has no reasonable prospects of success . In its application, the DVSA state that the appellant has now undertaken three attempts at the instructional ability and fitness test. Rule 8(3)(c) of the 2009 Rules

2. Regulation 14(b) of the Motor Cars (Driving Instruction) Regulations 2005 states that a trainee licence remains in force until the day immediately following the day on which the holder of the licence failed the instructional ability and fitness test at the third attempt. Accordingly, if the appellant has been unsuccessful in their third attempt at the instructional ability and fitness test, they are not entitled to a further trainee licence, and the appeal to this Tribunal must be dismissed. If the appellant has been successful in their attempt at the instructional ability and fitness test, they are also not entitled to a further trainee licence. This is because a trainee licence may be granted for the purpose of enabling a person to acquire practical experience in giving instruction in motor vehicles with a view to undergoing the instructional and ability fitness test . Accordingly, in such circumstances the appeal to this Tribunal must also be dismissed. Section 129(1) of the Road Traffic Act 1988

3. By way of Directions dated 15 December 2025, the appellant was provided with an opportunity to make representations as to why your appeal should not be struck out.

4. The appellant did not respond to the Directions.

5. In all the circumstances, I accept the DVSA’s statement that the appellant has undertaken a third attempt at the instructional and fitness test and, for the reasons set out above, I conclude that this appeal has no reasonable prospect of success. Signed Judge O’Connor CP