Yew Siu Ki v Registrar of Approved Driving Instructors

1. This appeal concerns a decision of the Registrar of Approved Driving Instructors (“the Registrar”) made on 14 October 2025 to refuse to grant the Appellant a third trainee licence.

2. The grant of a trainee licence enables participants to provide instruction for payment before they are qualified. The circumstances in which trainee licences may be granted are set out in section 129 of the Road Traffic Act 1988 (“ the Act ”) and the Motor Cars (Driving Instruction) Regulations 2005 (“the Regulations”).

3. In order to qualify as an Approved Driving Instructor, applicants must pass the Qualifying Examination. This is made up of: the written examination (Part 1); the driving ability and fitness test (Part 2); and the instructional ability and fitness test (Part 3). Three attempts are permitted at each part. The Part 2 and Part 3 tests must be successfully completed within two years of passing Part 1 (unless the Part 3 test is booked before expiration of the two years), failing which the whole Qualifying Examination must be retaken. An applicant may be granted a trainee licence if they have passed Part 2 of the Qualifying examination.

4. Regulation 14(b) of the Regulations provides “[a] licence shall remain in force until […] the day immediately following the day on which the holder of the licence failed the instructional ability and fitness test at the third attempt ”.

5. On 23 December 2025 the Respondent notified the Tribunal that according to their records the Appellant had failed their third attempt at the Part 3 test on 19 December 2025 and as such applied for the appeal to be struck out for lack of reasonable prospects of success.

6. In accordance with Rule 8(4) on 15 January 2026, Directions were issued providing the Appellant with an opportunity to make submissions in relation to the application to strike out by no later than 30 January 2026. No submissions were received within that time. However, on 12 and 15 March 2026, the Appellant advised they wished to withdraw their appeal and confirmed they had failed their third attempt at a Part 3 test. The Applicant has not provided any submissions in relation to the application to strike out

7. Notwithstanding the Applicant’s confirmation that they seek to withdraw this appeal, in the absence of any consent to the same from the Respondent, I consider it appropriate and in line with the overriding objective to continue to consider the application to strike out. Rule 32(3) provides I am not required to hold a hearing to determine this application.

8. A person who has failed the Part 3 test on three occasion is not permitted to hold a trainee licence. The Respondent has confirmed to the Tribunal that the Appellant has now had three failed attempts at the Part 3 test. The Appellant has confirmed that they have failed their third attempt at the Part 3 test. Parliament has decided that neither the Registrar nor the Tribunal can grant the Appellant a trainee licence in these circumstances.

9. The Appellant’s appeal is therefore struck out pursuant to Rule 8(3)(c) as having no reasonable prospects of success.