Muhammad Rizwan v The Registrar of Approved Driving Instructors

1. The appeal concerns the Appellant’s application for a third trainee licence.

2. Under Regulation 14(b) of the Motor Cars (Driving Instruction) Regulations 2025 a trainee licence remains in force until the day immediately following the trainee’s third unsuccessful attempt at the instructional ability test.

3. The Respondent informed the Tribunal by a form GRC5 dated 19 November 2025 that the Appellant failed their third attempt at the instructional ability test on 18 November 2025. Accordingly, the appeal must fail, because the Appellant is no longer eligible to hold a trainee licence. The Respondent applied for the appeal to be struck out.

4. The Appellant made an application by way of form GRC5 dated 25 November 2025 requesting that the Tribunal reject the strike-out application on the basis of procedural unfairness due to delay by the Respondent and failure to issue him with a third trainee licence.

5. The Appellant made a further application by way of form GRC5 dated 17 December 2025 in similar terms, asking for the strike-out application to be rejected on the basis of procedural unfairness.

6. As the Appellant failed their third attempt at the Part 3 test on 18 November 2025, it is now illegal for the Appellant to give any further instruction for reward or payment. I dismiss both of the Appellant’s applications because the Tribunal has no power to set aside the failed test result in order to allow his appeal to proceed, so can make no finding on whether the refusal to issue a third trainee licence should be overturned.

7. I therefore strike the appeal out under Rule 8(3)(c) because I am satisfied there is no reasonable prospect of it succeeding.