Ryan Hamm v The Registrar of Approved Driving Instructors

1. The Appellant lodged his appeal using the GRC1 form on 12 November 2024.

2. On 19 March 2025, the Respondent emailed the Appellant and tribunal stating that the a trainee licence remains in force for 2 years after passing the Part 1 test. This had expired and the Appellant was not permitted to book any further part 3 tests as he was not eligible. It would be illegal for him to give any further instruction for payment. The Appellant was told that if he would like a refund of the fee paid to the Tribunal, he should contact the GRC within 14 days of the date of that letter to withdraw his appeal. Once the Tribunal confirmed to the DVSA that he had withddrwan his appeal, they would refund the fee. He was told that if he failed to withdraw his appeal, the Respondent would request that the Tribunal consider striking out his appeal under rule 8(3)(c) of the Tribunal’s Rules on the basis that it had no reasonable prospect of success.

3. The Appellant did not apply to withdraw his appeal.

4. On 12 September 2025, Registrar Woolard made the following directions: ‘ 6. By no later than 26 September 2025 the Appellant is to confirm whether: a. The appeal is withdrawn; AND b. Whether they consent to the appeal being withdrawn without a hearing. OR c. To make representations as to why the appeal should not be struck out as having no reasonable prospect of success’.

5. At paragraph 8 of those directions, it was made clear that a ‘ failure to comply with the direction above could lead to the Tribunal striking out this appeal for failure to comply pursuant to Rule 8(3)(a) of the Tribunal Procedure (First-tier Tribunal) (general Regulatory Chamber)_ Rules 2009 without further direction’.

6. The Appellant failed to respond to the Tribunal’s directions.

7. The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 state:

8. (3) The Tribunal may strike out the whole or a part of the proceedings if— (a) the appellant has failed to comply with a direction which stated that failure by the appellant to comply with the direction could lead to the striking out of the proceedings or part of them; (b) the appellant has failed to co-operate with the Tribunal to such an extent that the Tribunal cannot deal with the proceedings fairly and justly; or (c) the Tribunal considers there is no reasonable prospect of the appellant's case, or part of it, succeeding.

8. I find that the test under Rule 8(3)(a) is met: the Appellant has failed to comply with a direction which stated that failure to comply could lead to the striking out of the proceedings (as set out in the directions of Registrar Woollard). The Appeal is struck out for this reason.

9. I further conclude that the test under Rule 8(3)(b) is met: the Appellant has failed to co-operate with the Tribunal (by failing to confirm if more than 2 years have passed since he passed his written exam) to such an extent that the Tribunal cannot deal with the proceedings fairly or justly. The Appeal is also struck out for this reason.

10. I further conclude that the test under Rule 8(3)(c) is met: there is no reasonable prospect of the Appellant’s case succeeding. I accept the Respondent’s evidence that the Appellant passed the part 1 test on 09 March 2023. More than 2 years ago. Regulation 14(b) of the Motor Cars (Driving Instruction) Regulations 2005 stipulates that a trainee licence remains in force for 2 years after passing the Part 1 test. As such, the two-year period within which he must have passed both the Part 2 and Part 3 tests have expired. The Appellant is no longer permitted to take further instructions for reward or payment. As such his appeal must fail.

11. The overriding objective in Rule 2 of the Procedure Rules requires the Tribunal to deal with cases fairly and justly. For completeness, I add that I find it is fair and just to strike out the proceedings. The Appellant has had the opportunity to let the Tribunal know if he disputes the Respondent’s claim that the two-year period within which he must have passed his tests have expired. He has not provided any explanation for failing to respond. He has not provided any reason why the appeal should not be struck out. Signed Date: Gilda Kiai 1 st December 2025