Md Mizanur Rahman v Registrar of Approved Driving Instructors

1. This appeal was an appeal against a decision of the Respondent dated 9 September 2025, to refuse the Appellant’s application for a third trainee driving instruction licence, having taken account of the Appellant’s written representations in a letter received by the Respondent on 15 August 2025.

2. On 23 September 2025, the Respondent made application that this appeal be struck out pursuant to Rule 8(3)(c) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 (‘the Rules’) as having no reasonable prospects of success, since the Appellant, on 15 August 2023, passed his Part 1 test and allegedly made no application to take his Part 3 to become a qualified Approved Driving Instructor, that was successfully passed by him and to have his name entered onto the Register of Approved Driving Instructors, within two years of that date. Accordingly, pursuant to Regulation 3(4)(c) of the Motor Cars (Driving Instruction) Regulations 2005 (‘the Regulations’), the Appellant would no longer require a trainee licence to aid preparation to take a Part 3 test (that is the sole purpose of a trainee licence) as he was no longer eligible to apply to take a Part 3 test. This application was copied, on the same day, to the Appellant.

3. In Case Management Directions dated 10 October 2025, issued by the Tribunal, the Appellant was advised that the Tribunal was considering striking out his appeal based on the Respondent’s said application and invited him to make representations by 24 October 2025 as to why his appeal should not be struck out or to confirm that he wished to withdraw his appeal.

4. The Appellant made written representations opposing the application, received on 24 October 2025, asserting that many trainees were permitted to make a final, third attempt to pass their Part3 test after the expiry of two years from their passing their Part 1 test and that he allegedly had a legal right to take a third Par 3 test, [having failed his first two attempts].

5. However, based on the representations of the Respondent and the terms of the law, I grant the Respondent’s application in all the circumstances without further direction and strike out this appeal, pursuant to Rule 8(3)(c) of the Rules. The Appellant has, unfortunately, misinterpreted and misconceived the requirements of the law. Signed Judge McMahon Date: 7 November 2025