Tribunal strikes out appeal over ADI test time limit

Tribunal strikes out appeal over ADI test time limit

The First-tier Tribunal (General Regulatory Chamber) recently struck out an appeal by Leo McCall against the Driver and Vehicle Standards Agency (DVSA). The decision was rendered by District Judge Moan, who presided over the case.

The appeal was dismissed on procedural grounds after McCall failed to complete Part 3 of the Approved Driving Instructor (ADI) test within the required two-year period. The Tribunal had previously warned McCall on 17th July 2024 that his application might be struck out if no response was received to the order. No response was forthcoming, leading to the dismissal of the appeal under Rule 8(3)(c) of the Tribunal Procedure Rules.

The Tribunal noted that McCall had failed Part 3 of the ADI test three times. This failure was compounded by the fact that he had run out of time to complete his assessment within the stipulated two-year window, which begins upon passing Part 1 of the test. As a result, the Tribunal concluded that McCall could not succeed in his appeal due to the expiration of the time limit.

District Judge Moan acknowledged that while the warning issued to McCall was correct, the underlying facts of the order were not accurately represented in the initial communication. Nevertheless, the procedural requirements were clear, and McCall's failure to meet them necessitated the appeal's dismissal.

In response to the Tribunal's decision, McCall has restarted the ADI testing process. This means that the two-year time limit for completing all parts of the test has commenced anew, allowing him another opportunity to achieve qualification as an Approved Driving Instructor.

The case highlights the importance of adhering to procedural timelines in regulatory matters. The Tribunal's decision underscores the necessity for applicants to be vigilant about meeting statutory deadlines, particularly in professional qualification processes.

This ruling serves as a reminder to other applicants in similar situations to ensure timely completion of all required assessments within the designated timeframes. Failure to do so can result in the dismissal of appeals and the need to restart the qualification process from the beginning.

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For more information on regulatory procedures and compliance, see BeCivil's guide to UK Employment Law.