England and Wales Judgment

Robert James Baker v Registrar of Approved Driving Instructors

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The appeal is struck out because the appellant is no longer eligible to apply for a Part 3 test, having passed Part 1 more than two years ago, and thus cannot be granted a trainee licence.

Court disposition

appeal struck out

Orders

  • Appeal struck out as having no reasonable prospects of success.

02

Material facts

Parties

Robert James Baker

Appellant

03

Procedural history

  1. Posture

    Appeal / Case Management Decision

04

Questions and positions

Legal issues

Whether the appellant's appeal against refusal of a third driving instructor trainee licence has reasonable prospects of success

Party arguments

Applicant
No representations or arguments were submitted by the appellant despite invitation.
Respondent
The appellant is ineligible for a trainee licence as two years have expired since passing Part 1 test, making him ineligible for Part 3 test and thus the licence.

05

Court’s reasoning

  1. 01

    Rule 8(3)(c) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009

    An appeal may be struck out if it has no reasonable prospects of success.

  2. 02

    Regulation 3(4)(c) of the Motor Cars (Driving Instruction) Regulations 2005

    Eligibility for a trainee licence is contingent on being eligible to undertake a Part 3 test within two years of passing Part 1.

06

Ratio, limits and disposition

Ratio decidendi

The appeal is struck out because the appellant is no longer eligible to apply for a Part 3 test, having passed Part 1 more than two years ago, and thus cannot be granted a trainee licence.

Court disposition

appeal struck out

  • Appeal struck out as having no reasonable prospects of success.

Source and reliance status

Official court record

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Judgment reading view

Judgment text

The complete available source text.

Source document

Court record

Judgment

Judgment

Neutral Citation Number: [2026] UKFTT 00004 (GRC) Case No. In the First-tier Tribunal (General Regulatory Chamber) Transport Before: Judge McMahon Appellant: Respondent(s): Robert James Baker Case Management Decision (The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009) 1. This appeal, against a decision of the Respondent refusing the application of the Appellant for a third driving instructor trainee licence is 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, pursuant to Regulation 3(4)(c) of the Motor Cars (Driving Instruction) Regulations 2005, is no longer eligible to apply to undertake a Part 3 test, two years having expired since he passed his Part 1 test on 5 October 2023, and the only purpose of a trainee licence being to aid the Appellant to gain sufficient experience to undertake a Part 3 test.

2. The Respondent, in an application dated 22 October 2025, made an application to have this appeal struck out in those circumstances.

3. In Case Management Directions dated 21 November 2015 issued by the Tribunal, the Appellant was invited to make representations, if he so wished, pursuant to Rule 8(4) of the Rules, by 5 December 2025, as to why his appeal should not be stuck out or, in the alternative, confirming that he wished to withdraw his appeal.

4. No reply was received from the Appellant.

5. I grant the Respondent’s application in all the circumstances without further direction and strike out this appeal a having no reasonable prospects of success. Signed Date: 2 January 2026.

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009

Legislation

Legislation referenced in the available case record.

Motor Cars (Driving Instruction) Regulations 2005

Legislation

Legislation referenced in the available case record.

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