Road Safety Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Road Safety Bill

Road Safety Bill
Schedule 4 — Driving instruction
82

(a)
must not give paid driving instruction of any prescribed
description unless he is registered in respect of the giving of
that description of driving instruction, and
(b)
must not carry on business in the provision of paid driving
instruction of any prescribed description unless he is
5
registered in respect of the carrying on of business in the
provision of that description of driving instruction.
(2)
A person—
(a)
must not give paid driving instruction of any prescribed
description unless prescribed requirements as to the
10
displaying of evidence that he is registered in respect of the
giving of that description of driving instruction are complied
with, and
(b)
must not carry on business in the provision of paid driving
instruction of any prescribed description unless prescribed
15
requirements as to the displaying of evidence that he is
registered in respect of the carrying on of business in the
provision of that description of driving instruction are
complied with.
(3)
In this Part of this Act “driving instruction” means instruction in
20
relation to the driving of a motor vehicle.
(4)
Regulations under this Part which prescribe a description of driving
instruction may do so by reference to—
(a)
the class of motor vehicle to which the instruction relates,
(b)
the description of persons to whom the instruction is given or
25
provided, or
(c)
the nature of the instruction or where or how it is given or
provided.
(5)
For the purposes of this Part of this Act instruction is paid instruction
if payment of money or money’s worth is, or is to be, made for the
30
instruction by or in respect of the person to whom the instruction is
given or provided.
(6)
Regulations may prescribe circumstances in which instruction
provided free of charge shall be deemed to be given for payment of
money by or in respect of the person to whom the instruction is given
35
or provided.
(7)
For the purposes of this Part of this Act a person is “registered” if his
name is in the register together with—
(a)
an indication as to whether he is registered in respect of the
giving of driving instruction or the carrying on of business in
40
the provision of driving instruction (or both),
(b)
an indication as to the description of driving instruction in
respect of which he is registered, and
(c)
such other particulars as may be prescribed,

and “registration” shall be construed accordingly.
45
(8)
In this Part of this Act “the register” means the register established
for the purposes of this Part of this Act under section 125 of this Act.

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Schedule 4 — Driving instruction
83

123A
Paid driving instruction: offences
(1)
If driving instruction is given in contravention of section 123(1)(a) of
this Act—
(a)
the person by whom it is given,
(b)
if that person is employed by another to give that instruction,
5
that other (as well as that person), and
(c)
if that person is a franchisee under a driving instruction
franchise, the franchisor under the driving instruction
franchise (as well as that person),

is guilty of an offence.
10
(2)
If a person contravenes section 123(1)(b) of this Act he is guilty of an
offence.
(3)
In proceedings against a person for an offence under subsection (1)
or (2) above it shall be a defence for him to prove that he did not
know, and had no reasonable cause to believe, that—
15
(a)
in a case within paragraph (a) of subsection (1) above, or
within subsection (2) above, he,
(b)
in a case within paragraph (b) of subsection (1) above, the
person employed by him, or
(c)
in a case within paragraph (c) of that subsection, the person
20
who was the franchisee under the driving instruction
franchise,

was not at the material time registered in respect of the description
of driving instruction in question.
(4)
If person contravenes section 123(2) of this Act he is guilty of an
25
offence.”
3
For section 124 (exemption of police instructors) substitute—
“124
Exemption from prohibitions imposed by section 123
(1)
Regulations may prescribe circumstances in which section 123 of this
Act shall not apply in relation to driving instruction, or driving
30
instruction of a prescribed description.
(2)
The regulations may, in particular, make provision for section
123(1)(a) and (2)(a) of this Act not to apply in prescribed
circumstances for the purpose of enabling persons to acquire
practical experience in giving driving instruction.”
35
4
For section 125 (register of approved instructors) substitute—
“125
Register
(1)
Regulations shall make provision for the establishment and
maintenance of a register for the purposes of this Part of this Act.
(2)
An application to be registered in respect of any description of
40
driving instruction must be made to the officer of the Secretary of
State (in this Part of this Act referred to as “the Registrar”) by whom
the register is, on behalf of the Secretary of State, compiled and
maintained.

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Schedule 4 — Driving instruction
84

(3)
An application under subsection (2) above shall be made in such
manner, and shall be accompanied by such particulars, as the
Secretary of State may determine.
(4)
The Registrar must, on making a decision on an application under
subsection (2) above, give notice in writing of the decision to the
5
applicant which, in the case of a decision to refuse the application,
must state the grounds for the refusal.
(5)
Regulations may make provision authorising the Secretary of State
to make available information about persons registered under this
section.
10
(6)
Subsections (2) to (5) above and section 125ZA of this Act do not
apply in relation to an application by a person to be registered, or to
a person’s registration, as a disabled instructor in respect of the
giving of instruction in the driving of a motor vehicle in the motor
vehicle.”
15
5
After that section insert—
“125ZA
Conditions of registration
(1)
Where a person duly applies to be registered in respect of a
description of driving instruction, the Registrar must register him in
respect of that description of driving instruction if he satisfies the
20
Registrar that the conditions prescribed under this subsection are
fulfilled.
(2)
In the case of applications by persons to be registered in relation to
the giving of a description of driving instruction, those conditions
may (in particular) include—
25
(a)
conditions requiring the persons to have passed such
examinations of ability and fitness to give driving instruction
of that description as may be prescribed under section 132 of
this Act,
(b)
conditions requiring the persons to hold, or to have held for
30
a prescribed period, such licences to drive motor vehicles of
a prescribed description as may be prescribed, and
(c)
conditions requiring the persons not to have been
disqualified during a prescribed period under prescribed
provisions for holding or obtaining a licence to drive motor
35
vehicles.
(3)
A person may be registered in respect of a description of driving
instruction subject to fulfilling the conditions prescribed under this
subsection for so long as he continues to be so registered.
(4)
In the case of the registration of persons in relation to the giving of a
40
description of driving instruction, those conditions may (in
particular) include—
(a)
conditions requiring the persons, if at any time required to do
so by the Registrar, to submit themselves for such
examinations of continued ability and fitness to give driving
45
instruction of that description as may be prescribed under
section 132 of this Act,

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Schedule 4 — Driving instruction
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(b)
conditions requiring the persons to have passed those
examinations,
(c)
conditions within subsection (2)(b) and (c) above, and
(d)
conditions requiring the persons to follow guidance issued
by the Registrar as to the giving of driving instruction of that
5
description.
(5)
In the case of the registration of persons in relation to the carrying on
of business in the provision of a description of driving instruction,
those conditions may (in particular) include—
(a)
conditions requiring the persons to secure that motor
10
vehicles and premises used by them in the carrying on of the
business meet prescribed standards throughout the period of
registration,
(b)
conditions requiring the persons, if at any time required to do
so by the Registrar, to allow those motor vehicles and
15
premises to be inspected, and
(c)
conditions requiring the persons to follow guidance issued
by the Registrar as to the carrying of business in the provision
of driving instruction of that description.
(6)
The conditions prescribed under subsection (1) or (3) above may (in
20
particular) include a condition that persons are fit and proper
persons to be, or to continue to be, registered.
(7)
Regulations may include provision for persons of a prescribed
description to be exempt from any condition, to such extent as is
prescribed, in prescribed circumstances.”
25
6     (1)
Section 125A (registration of disabled persons) is amended as follows.
      (2)
For subsection (1) substitute—
“(1)
A person may apply to the Registrar to be registered as a disabled
instructor in respect of the giving of instruction in the driving of a
motor vehicle of a prescribed description in such a motor vehicle if
30
he—
(a)
suffers from a disability or prospective disability affecting the
driving of motor vehicles of that description,
(b)
holds a current disabled person’s limited driving licence
relating to motor vehicles of that description, and
35
(c)
holds a current emergency control certificate specifying
motor vehicles of that description.
      (3)
For subsections (5) to (7) substitute—
“(5)
Where a person duly applies to be registered as a disabled instructor
in respect of the giving of instruction in the driving of a motor vehicle
40
of a prescribed description in such a motor vehicle, the Registrar
must (subject to section 125B(4) of this Act) so register him if he
satisfies the Registrar that the conditions prescribed under this
subsection are fulfilled.
(6)
Those conditions may (in particular) include—
45
(a)
conditions requiring the person to have passed such
examinations of ability and fitness to give driving instruction

Road Safety Bill
Schedule 4 — Driving instruction
86

of that description as may be prescribed under section 132 of
this Act,
(b)
conditions requiring the person to hold, or to have held for a
prescribed period, such licences to drive motor vehicles of a
prescribed description as may be prescribed, and
5
(c)
conditions requiring the person not to have been disqualified
during a prescribed period under prescribed provisions for
holding or obtaining a licence to drive motor vehicles.
(7)
A person may be so registered subject to fulfilling the conditions
prescribed under this subsection for so long as he continues to be so
10
registered.
(7A)
Those conditions may (in particular) include—
(a)
conditions requiring the person, if at any time required to do
so by the Registrar, to submit himself for such examinations
of continued ability and fitness to give driving instruction of
15
that description as may be prescribed under section 132 of
this Act,
(b)
conditions requiring the person to have passed those
examinations,
(c)
conditions requiring the person, if at any time required to do
20
so by the Registrar, to submit himself for a further emergency
control assessment on the day (within such period as may be
prescribed) and at the place specified by the Registrar,
(d)
conditions within subsection (6)(b) and (c) above, and
(e)
conditions requiring the person to follow guidance issued by
25
the Registrar as to the giving of instruction in the driving of a
motor vehicle of a prescribed description in such a motor
vehicle.
(7B)
The conditions prescribed under subsection (5) or (7) above may (in
particular) include a condition that persons are fit and proper
30
persons to be, or to continue to be, registered.
(7C)
In considering whether to exercise, in respect of any person, his
power under subsection (7A)(c) above, the Registrar must have
regard to any recommendation included in the person’s current
emergency control certificate as to the period after which he should
35
undergo a further emergency control assessment.
(7D)
Regulations may include provision for prescribed persons to be
exempt from any prescribed condition, to such extent as is
prescribed, in prescribed circumstances.
(7E)
Regulations may make provision authorising the Secretary of State
40
to make available information about persons registered under this
section.”
      (4)
In subsection (8)—
(a)
for the definition of “appropriate motor car” substitute—
“appropriate motor vehicle” means, subject to section
45
125B(2) of this Act, a motor vehicle equipped with
automatic transmission;”,
(b)
in the definition of “disability”, for “means a want of physical ability
affecting the driving of motor cars” substitute “, in respect of motor

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Schedule 4 — Driving instruction
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vehicles of any description, means a want of physical ability affecting
the driving of motor vehicles of that description”,
(c)
in the definition of “relevant disability”, for “car” substitute “vehicle
of the description in question”,
(d)
in the definition of “disabled person’s limited driving licence”, for
5
“car”, in each place, substitute “vehicle”,
(e)
in the definition of “modifications”, for “car” substitute “vehicle”,
(f)
in the definition of “registered disabled instructor”, for “whose name
is in the register with an indication that he is disabled” substitute
“registered as a disabled instructor in respect of instruction in the
10
driving of a motor vehicles of a prescribed description given in a
motor vehicle of that description”, and
(g)
in the words following that definition, for “car” in each place
substitute “vehicle”.
7     (1)
Section 125B (provisions supplementary to section 125A) is amended as
15
follows.
      (2)
In subsection (2), for “car”, in each place, substitute “vehicle”.
      (3)
For subsection (3) substitute—
“(3)
Regulations may make provision for prescribed persons to be
exempt from section 125A(1)(c) of this Act in prescribed
20
circumstances.”
      (4)
In subsection (4), for “enter the name of a person in the register under section
125A of this Act as that of a disabled instructor” substitute “register a person
under section 125A of this Act”.
      (5)
Omit subsections (6) and (7).
25
8     (1)
For section 126 (duration of registration) substitute—
“126
Duration of registration
(1)
Unless previously terminated under the following provisions of this
Part of this Act, a person’s registration in respect of any description
of driving instruction shall (subject to subsection (3) below) be
30
terminated at the end of the period of four years beginning with the
day specified in subsection (2) below.
(2)
That day is—
(a)
the first day of the month next after that in which the person
became registered in respect of that description of driving
35
instruction, or
(b)
where his registration in respect of that description of driving
instruction has been extended under section 127 of this Act,
the day on which the last further period for which the
registration was last extended began.
40
(3)
If an application for the extension of a person’s registration in respect
of any description of driving instruction is made under section 127 of
this Act, the registration is not terminated under subsection (1)
above.
(4)
Where a person whose registration in respect of any description of
45
driving instruction has been terminated under subsection (1) above

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Schedule 4 — Driving instruction
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applies under section 125 of this Act to be registered again in respect
of that description of driving instruction, he shall be required again
to fulfil such of the conditions prescribed under section 125ZA(1) of
this Act as may be prescribed.
(5)
But if the person was a registered disabled instructor he shall instead
5
be required again to fulfil such of the conditions prescribed under
section 125A(5) of this Act as may be prescribed.”
9
In section 127 (extension of duration of registration), for subsections (1) to (4)
substitute—
“(1)
A person may, no later than such time before his registration in
10
respect of any description of driving instruction is terminated under
section 126(1) of this Act as is prescribed, apply to the Registrar for
the extension of that registration for a further period of four years.
(2)
An application under subsection (1) above shall be made in such
manner, and shall be accompanied by such particulars, as the
15
Secretary of State may determine.
(3)
On an application under subsection (1) above, the applicant shall be
entitled to have the registration extended for the further period of
four years if he satisfies the Registrar that the prescribed
requirements are fulfilled.
20
(4)
The continued registration of a person by virtue of an extension
under this section may be made subject to—
(a)
in the case of a registered disabled instructor, the conditions
prescribed under section 125A(3) of this Act,
(b)
in any other case, the conditions prescribed under section
25
125ZA(7) of this Act.”
10
For section 128 (removal of names from register) substitute—
“128
Termination of registration by Registrar
(1)
The Registrar may terminate a person’s registration in respect of any
description of driving instruction if he is satisfied that any relevant
30
prescribed condition has not been complied with in the case of the
person—
(a)
in a case where his registration has not been extended under
section 127 of this Act, at any time since he became registered,
or
35
(b)
in a case where his registration has been so extended, at any
time since it was last extended.
(2)
For the purposes of subsection (1) above “prescribed condition”
means a condition mentioned in section 125ZA or 125A of this Act;
and a prescribed condition is a “relevant prescribed condition” if
40
regulations provide that a failure to fulfil the condition in the case of
the person at any time specified in that subsection is a ground for
termination of the person’s registration.
(3)
The Registrar may also terminate a person’s registration in respect of
a description of driving instruction if the person’s registration, or (if
45
the person’s registration has been extended) the last extension of his
registration, was made by mistake or procured by fraud.