Road Safety Bill [HL]

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Road Safety Bill [HL]

Road Safety Bill [HL]
Schedule 5 — Driving instruction
102

(d)
conditions within subsection (6)(b) and (c) above, and
(e)
conditions requiring the person to follow guidance issued by
the Registrar as to the giving of instruction in the driving of a
motor vehicle of a prescribed description in such a motor
vehicle.
5
(7B)
The conditions prescribed under subsection (5) or (7) above may (in
particular) include a condition that persons are fit and proper
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
10
regard to any recommendation included in the person’s current
emergency control certificate as to the period after which he should
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
15
prescribed, in prescribed circumstances.
(7E)
Regulations may make provision authorising the Secretary of State
to make available information about persons registered under this
section.”
      (4)
In subsection (8)—
20
(a)
for the definition of “appropriate motor car” substitute—
““appropriate motor vehicle” means, subject to section
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
25
affecting the driving of motor cars” substitute “, in respect of motor
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”,
30
(d)
in the definition of “disabled person’s limited driving licence”, for
“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
35
“registered as a disabled instructor in respect of instruction in the
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 both places,
substitute “vehicle”.
40
7     (1)
Section 125B (provisions supplementary to section 125A) is amended as
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
45
exempt from section 125A(1)(c) of this Act in prescribed
circumstances.”

Road Safety Bill [HL]
Schedule 5 — Driving instruction
103

      (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).
8
For section 126 (duration of registration) substitute—
5
“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
terminated at the end of the period of four years beginning with the
10
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
instruction, or
15
(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.
(3)
If an application for the extension of a person’s registration in respect
20
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
driving instruction has been terminated under subsection (1) above
25
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
30
be required again to fulfil such of the conditions prescribed under
section 125A(5) of this Act as may be prescribed.”
9     (1)
Section 127 (extension of duration of registration) is amended as follows.
      (2)
For subsections (1) to (4) substitute—
“(1)
A person may, no later than such time before his registration in
35
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
40
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.
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Road Safety Bill [HL]
Schedule 5 — Driving instruction
104

(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, and
(b)
in any other case, the conditions prescribed under section
5
125ZA(3) of this Act.”
      (3)
In subsection (7), after “application” insert “under subsection (1) above”.
      (4)
In subsection (7A), for “A decision to refuse” substitute “The termination of
a person’s registration on a decision to refuse such”.
      (5)
In subsection (8), for “decision shall” substitute “termination of registration
10
shall”.
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
15
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
20
(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 “relevant prescribed
condition” means—
(a)
in the case of a registered disabled instructor, a condition
25
prescribed under section 125A(7) of this Act, and
(b)
in any other case, a condition prescribed under section
125ZA(3) of this Act.
(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
30
the person’s registration has been extended) the last extension of his
registration, was made by mistake or procured by fraud.
(4)
Before terminating a person’s registration in respect of any
description of driving instruction, the Registrar must give him
written notice stating that he is considering terminating the
35
registration and giving particulars of the grounds on which he is
considering it.
(5)
Where the Registrar gives notice to a person under subsection (4)
above—
(a)
that person may, within the period of 28 days beginning with
40
the day on which the notice is given, make representations
with respect to the proposed termination,
(b)
the Registrar must not decide to terminate the registration
until after the end of that period, and
(c)
before deciding whether or not to terminate the registration,
45
the Registrar must take into consideration any such
representations made by him within that period.

Road Safety Bill [HL]
Schedule 5 — Driving instruction
105

(6)
The Registrar must, on making a decision to terminate a person’s
registration in respect of any description of driving instruction, give
notice in writing of the decision to the person.
(7)
A decision to terminate a person’s registration in respect of any
description of driving instruction shall take effect at the end of the
5
period of 14 days beginning with the day on which notice of the
decision is given (or, if any appeal brought against the decision
under the following provisions of this Part of this Act is previously
withdrawn or dismissed, when the appeal is withdrawn or
dismissed).
10
(8)
But the Registrar may, when giving notice of his decision to
terminate a person’s registration in respect of any description of
driving instruction, direct that the decision shall instead take effect—
(a)
where no appeal under the following provisions of this Part
of this Act is brought against the decision within the time
15
limited for the appeal, at the end of that time,
(b)
where such an appeal is brought and is withdrawn or struck
out for want of prosecution, on the withdrawal or striking out
of the appeal, or
(c)
where such an appeal is brought and not withdrawn or
20
struck out for want of prosecution, if and when the appeal is
dismissed, and not otherwise.”
11
After that section insert—
“128A
Power to give direction as to further applications
(1)
This section applies when the Registrar decides—
25
(a)
to refuse to register a person,
(b)
to refuse an application for the extension of a person’s
registration, or
(c)
to terminate a person’s registration,

in respect of any description of driving instruction.
30
(2)
The Registrar may direct that any application by that person to be
registered in respect of that description of driving instruction shall
not be entertained before the end of such period, not exceeding four
years beginning with the day on which the decision takes effect, as
may be specified in the direction.
35
(3)
Notice of any such direction must be included in the notice of the
decision in connection with which it is given.”
12
Omit sections 129 and 130 (licences for giving instruction so as to obtain
practical experience) and the heading before them.
13    (1)
Section 131 (appeals) is amended as follows.
40
      (2)
In subsection (1), for paragraphs (a) to (c) substitute—
“(a)
to refuse an application for his registration or for the
extension of his registration,
(b)
to terminate his registration,
(c)
to give a direction under section 128A of this Act,”.
45
      (3)
Omit subsection (2).

Road Safety Bill [HL]
Schedule 5 — Driving instruction
106

      (4)
In subsection (3), for paragraph (b) and the word “or” before it substitute—
“(b)
for the continuation or termination of the registration, or
(c)
for the revocation or confirmation of the direction or the
alteration of the period specified in the direction,”.
      (5)
In subsection (4), for the words from the beginning to the end of paragraph
5
(b) substitute “An order for refusal or termination under subsection (3)(a) or
(b) above may direct that an application by the appellant to be registered”.
      (6)
In subsection (4B), for “, 128(7) or 130(6)” substitute “or 128(8)”.
      (7)
In subsection (4D)—
(a)
for “retention of a name in the register, to remove a name from the
10
register or to revoke a licence granted under section 129 of this Act”
substitute “extension of a person’s registration or to terminate a
person’s registration”, and
(b)
for “, 128(7) or 130(6)” substitute “or 128(8)”.
      (8)
In subsection (4F), for “instruction in the driving of a motor car” substitute
15
“driving instruction”.
14
For sections 132 and 133 and the heading before them substitute—
“Examinations and training
132
Examinations
(1)
Regulations may make provision with respect to—
20
(a)
the nature of examinations of the ability and fitness (or
continued ability and fitness) to give driving instruction
(which may consist of practical tests and other tests and
means of assessment) and the administrative arrangements
for submitting for such examinations,
25
(b)
the qualification, selection and appointment of persons by
whom they may be conducted and the revocation of any
appointment,
(c)
evidence of the results of such examinations, and
(d)
the making available of information about the results of such
30
examinations,

and generally with respect to such examinations.
(2)
In particular, the regulations may make provision—
(a)
for requiring a person submitting himself for any part of an
examination which consists of practical tests, to provide a
35
safe and suitable vehicle for the purposes of the practical tests
and for requiring that, if the vehicle is a vehicle of a
prescribed description, the vehicle has been certified in the
prescribed manner after a prescribed inspection as satisfying
such requirements as may be prescribed,
40
(b)
for the charging (whether on the making by a person of
arrangements to submit himself for any part of an
examination or otherwise) of reasonable fees for or in
connection with the examination, or any part of it, and any
inspection and certification of a vehicle required by
45

Road Safety Bill [HL]
Schedule 5 — Driving instruction
107

regulations under paragraph (a) above in relation to any part
of the examination,
(c)
for requiring a person who desires to submit himself, or is
required to submit himself, for an examination, or any part of
it, to supply the Registrar with such particulars as the
5
Secretary of State may determine, and
(d)
for ensuring that a person submitting himself for an
examination, or any part of it, and failing to pass it shall not
be eligible to submit himself for another examination, or any
part of it, by the same or any other person before the end of a
10
prescribed period, except under an order made by a court or
sheriff under the power conferred by section 133 of this Act.
133
Review of examinations etc.
(1)
On the application of a person who has undergone a relevant
instructor examination, or a part of a relevant instructor
15
examination—
(a)
a magistrates’ court, or
(b)
in Scotland, the sheriff within whose jurisdiction he resides,

may determine whether the examination, or the part of the
examination, was properly conducted.
20
(2)
In this Part of this Act “relevant instructor examination” means—
(a)
an examination of ability and fitness referred to in section
125ZA(2)(a) or 125A(6)(a) of this Act,
(b)
an examination of continued ability and fitness referred to in
section 125ZA(4)(a) or 125A(7A)(a) of this Act, or
25
(c)
an emergency control assessment under section 133A of this
Act.
(3)
If it appears to the court or sheriff that it was not properly conducted,
the court or sheriff may—
(a)
(except in the case of an emergency control assessment) order
30
that the applicant shall be eligible to submit himself for
another examination before the end of the period prescribed
under section 132(2)(d) of this Act, and
(b)
(in any case) order that any fee payable by the applicant in
respect of the examination shall not be paid or, if it has been
35
paid, shall be repaid.
(4)
No appeal shall lie under section 131 of this Act in respect of any
matter in respect of which an application may be made to a
magistrates’ court or a sheriff under subsection (1) above.
133ZA
Training
40
(1)
Regulations may provide that a person—
(a)
shall not be permitted to take any part of a relevant instructor
examination,
(b)
shall not be registered, or
(c)
shall not have his registration extended,
45

unless he has successfully completed training in accordance with the
regulations.

Road Safety Bill [HL]
Schedule 5 — Driving instruction
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(2)
Regulations may make provision in relation to training—
(a)
by means of courses provided in accordance with the
regulations,
(b)
by means of study conducted in accordance with the
regulations, and
5
(c)
by any other prescribed means.
(3)
Regulations under this section may include provision exempting
persons from any requirement imposed by virtue of subsection (1)
above; and regulations including such provision may (in
particular)—
10
(a)
limit an exemption to persons in prescribed circumstances,
(b)
attach conditions to an exemption,
(c)
regulate applications for an exemption, and
(d)
include provision for the evidencing by a person of his being
within an exemption.
15
(4)
Regulations under this section may provide that training is not to be
taken into account for the purposes of the regulations if it was
completed before such time as is prescribed.
(5)
Regulations under this section may, in particular, include—
(a)
provision about the nature of training,
20
(b)
provision for the approval by the Secretary of State of persons
providing training or giving instruction as part of training
and the withdrawal of approval (including provision for
appeals to the Transport Tribunal against refusal and
withdrawal of approval) and provision for exemptions from
25
any requirement of approval,
(c)
provision for the training or assessment, or the supervision of
training or assessment, of persons providing training or
giving instruction as part of training,
(d)
provision setting the maximum amount of any charges
30
payable by persons undergoing training,
(e)
provision for the evidencing of the successful completion of
training, and
(f)
provision authorising the Secretary of State to make available
information about persons providing training or giving
35
instruction as part of training.
(6)
Regulations under this section may include provision for the
charging of reasonable fees in respect of the exercise of any function
conferred or imposed on the Secretary of State by the regulations.”
15
In section 133A (assessment of disabled person’s ability to control a motor
40
car in an emergency), for “car” in each place (including in the heading)
substitute “vehicle”.
16    (1)
Section 133B (further assessments) is amended as follows.
      (2)
In subsection (1), for “125B(6)(a)” substitute “125A(7A)(c)”.
      (3)
In subsection (2), for “whose name is not on the register” substitute “who is
45
not registered”.
      (4)
In subsection (4)(b), for “car” substitute “vehicle”.