House of Commons portcullis
House of Commons
Session 2004 - 05
Internet Publications
Other Bills before Parliament

Road Safety Bill


Road Safety Bill
Schedule 4 — Driving instruction

83

 

(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.

 

 

Road Safety Bill
Schedule 4 — Driving instruction

84

 

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 a 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.

 

 

Road Safety Bill
Schedule 4 — Driving instruction

85

 

(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,

 

 

Road Safety Bill
Schedule 4 — Driving instruction

86

 

(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 on 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

87

 

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

 

 

Road Safety Bill
Schedule 4 — Driving instruction

88

 

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

 

 

Road Safety Bill
Schedule 4 — Driving instruction

89

 

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(7) of this Act,

(b)   

in any other case, the conditions prescribed under section

25

125ZA(3) 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.

 

 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2005
Revised 8 February 2005