Lewis Albert Gray v Registrar of Approved Driving Instructors

The Appellant, Mr Lewis Albert Gray, appealed to the Tribunal against the decision of the Registrar of Approved Driving Instructors (‘the Registrar’), conveyed in a letter of 13 November 2025, to refuse his request for a third trainee licence.

The matter was listed before me for determination at a CVP hearing. In the event, neither party attended.

Prior to the hearing the Registrar had notified the Tribunal that, on 16 January 2026, Mr Gray had failed his third attempt at the ADI part three (instructional ability and fitness) test, and had submitted that the appeal should be struck out accordingly. Mr Gray had been asked for his observations but had not responded.

By the Motor Cars (Driving Instruction) Regulations 2005 (‘the 2005 Regulations’), reg 14(b) it is provided that a trainee licence remains in force until the day immediately following the day on which the holder of the licence fails the instructional ability and fitness test at the third attempt.

The effect of Mr Gray failing the test at the third attempt (it appears to be an uncontroversial fact that he did so) is that the second trainee licence came to an end on 17 January 2026. Moreover, that having happened, there could be no question of any third licence since (apart from anything else) a candidate who fails the part three test for the third time must start the qualification process again, at part one. Such a candidate will then need to complete part one and part two, before being eligible to apply for a trainee licence in order to prepare to undertake part three (the 2005 Regulations, reg 3(4)(c) and (d)).

This legislative architecture makes Mr Gray’s appeal impossible. I am satisfied that the only proper course is to strike it out under the Tribunal Procedure (FTT) (General Regulatory Chamber) Rules 2009 (as amended), rule 8(3)(c) on the ground that there is no reasonable prospect of it succeeding.