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England and Wales decisions
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The appellant failed the instructional ability and fitness test for the third time, and regulation 14(b) of the 2005 Regulations mandates that the licence ceases in such circumstances, leaving no reasonable prospect of the appeal succeeding.
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The appeal was struck out because the appellant failed his third attempt at the instructional ability test, and the law prohibits granting a trainee licence after such failure, leaving no reasonable prospect of success.
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The appellant failed their third attempt at the Part 3 test and is therefore ineligible for a trainee licence; as a result, the appeal has no reasonable prospect of success and must be struck out.
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The appellant had adequate time and opportunity to gain practical experience and attempt the qualifying examinations. The Registrar's refusal to grant a third trainee licence was reasonable and lawful. The appeal is dismissed.
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The appeal was dismissed because the appellant had already been granted two trainee licences covering a sufficient period to gain experience, and failed to provide persuasive evidence of lost training time during the relevant period. A trainee licence was not required to undertake the Part 3 test.
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The Appellant's personal circumstances were considered, but the statutory framework does not entitle continual renewal of trainee licences. The Appellant had already benefited from an extended period due to the appeal process, exceeding his requested extension. The Tribunal found no basis to overturn the Registrar's decision or to grant further extension.
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The appeal must fail because the appellant had failed his third and final permitted attempt at the Part 3 test, and by law, no further trainee licence can be issued in such circumstances.
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The appellant had already benefited from two trainee licences, which provided adequate opportunity to gain experience; holding a trainee licence is not required to undertake the Part 3 test, and refusal does not bar attempts at the test. The appellant failed to show lost training time or lack of pupils, and the respondent’s decision was not shown to be wrong.
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The appeal was struck out because the appellant's trainee licence was automatically revoked after failing the Part 3 test for the third time, leaving the Tribunal without jurisdiction and no reasonable prospect of the appeal succeeding.
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On the balance of probabilities, the appellant does not meet the statutory requirement to be a fit and proper person due to conduct relating to insurance and pending criminal proceedings. The Registrar's refusal was correct.
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