UK case law
Shukria Akbary v Registrar of Approved Driving Instructors
[2026] UKFTT GRC 20 · First-tier Tribunal (General Regulatory Chamber) – Transport · 2026
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Full judgment
1. On 7 October 2025 the Appellant appealed the Respondent’s decision of 4 September 2025 not to grant them a second trainee licence under section 129 of the Road Traffic Act 1988 . The Appellant wished to gain more practical experience of driving instruction before their third and final attempt at passing Part 3 of the Qualifying Examination to become an Approved Driving Instructor.
2. Pending the determination of this appeal, however, the Appellant took and failed the Part 3 test for the third time on 10 November 2025.
3. In consequence, the Respondent has invited the Tribunal to strike out the appeal on the grounds that it has no reasonable prospect of succeeding. By Case Management Directions dated 1 December 2025, the Appellant was given opportunity to make submissions in response to the Respondent’s strike out application by no later than 16 December 2025. No response was received. As warned in the Case Management Directions, I have proceeded to consider striking out the appeal in the absence of a response from the Appellant.
4. Under Regulation 14 of the Motor Cars (Driving Instruction) Regulations 2005 a licence shall remain in force until— (a) the expiration of a period of 6 months commencing on the date of the grant, or (b) the day immediately following the day on which the holder of the licence failed the instructional ability and fitness test at the third attempt, whichever shall first occur.
5. After the Appellant failed the instructional ability and fitness test at the third attempt their trainee licence was revoked by operation of Regulation 14(b). The Appellant must now re-take all parts of the Qualifying Examination.
6. The Tribunal no longer has jurisdiction in this matter. It is not legally possible for the Tribunal to uphold the appeal. Since the appeal cannot succeed, the only proper course is to strike it out under Rule 8(3)(c) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009, on the basis that there is no reasonable prospect of the appeal succeeding.