Jonathan Mark Ward v Driver and Vehicle Standards Agency

1. The DVSA made an application to strike out the 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, the third attempt being on the 25 April 2025. 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. In direction sent to the parties by the Tribunal, the following was stated: DVSA’s application to strike out this appeal will be listed for a video hearing. At the hearing, the Tribunal proposes to strike out the appellant’s appeal as having no reasonable prospects of success. The parties are not required to attend this hearing , or take any further action in this appeal, unless the DVSA’s statement that the appellant has undertaken a third attempt at the instructional and fitness test is contested. If the appellant believes that they have NOT undertaken a third attempt at the instructional and fitness test, they must attend the hearing .

4. The appellant did not attend the hearing.

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