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
109

17    (1)
Section 133C (duty to disclose further disability) is amended as follows.
      (2)
Omit subsection (1).
      (3)
In subsection (2), for “person to whom this section applies” substitute
“registered disabled instructor”.
18    (1)
Section 133D (offences relating to giving by disabled person of paid driving
5
instruction) is amended as follows.
      (2)
Omit subsection (1).
      (3)
For “car” in each place substitute “vehicle”.
      (4)
In subsections (2) and (3), for “person to whom this section applies”
substitute “registered disabled instructor”.
10
      (5)
For subsection (4) substitute—
“(4)
Where a registered disabled instructor gives instruction in
contravention of this section—
(a)
the instructor,
(b)
if the instructor is employed by another person to give that
15
instruction, that other person (as well as the instructor), and
(c)
if the instructor is a franchisee under a driving instruction
franchise, the franchisor (as well as the instructor),

is guilty of an offence.”
19
For section 134 (power to alter conditions for entry or retention in, and
20
removal from, register etc.) substitute—
“134
Power to alter registration period
(1)
Regulations may alter—
(a)
the period at the end of which a person’s registration is
terminated (unless extended or further extended),
25
(b)
the period for which a person’s registration may be extended
or further extended, and
(c)
the period before the end of which it may be directed that any
application by a person to be registered shall not be
entertained.
30
(2)
Regulations under this section may contain amendments of this Part
of this Act.”
20
For section 135 substitute—
“135
Evidence of registration
(1)
Regulations may prescribe—
35
(a)
certificates or other items that may be issued to registered
persons to be displayed as evidence of their registration, and
(b)
a title or other description which may be used as such
evidence.
(2)
If at any time a person who is not registered—
40
(a)
displays a certificate or other item prescribed under
subsection (1)(a) above,

Road Safety Bill [HL]
Schedule 5 — Driving instruction
110

(b)
uses a title or other description prescribed under subsection
(1)(b) above, or
(c)
uses a title or other description implying that he is registered,

he is guilty of a offence unless he proves that he did not know, and
did not have reasonable cause to believe, that he was not registered
5
at that time.
(3)
If a person carrying on business in the provision of driving
instruction at any time—
(a)
uses a title or other description prescribed under subsection
(1)(b) above in relation to any relevant person who is not
10
appropriately registered, or
(b)
issues any advertisement or invitation calculated to mislead
with respect to the extent to which relevant persons are
appropriately registered,

he is guilty of an offence unless he proves that he did not know, and
15
did not have reasonable cause to believe, that the relevant person
was, or relevant persons were, not appropriately registered at that
time.
(4)
For the purposes of subsection (3) above—
(a)
a relevant person is a person who is employed by the person
20
carrying on business to give driving instruction, or is a
franchisee giving driving instruction under a driving
instruction franchise under which that person is the
franchisor, and
(b)
a relevant person is appropriately registered if he is
25
registered in respect of the giving of the description of
driving instruction which he is employed to give or which is
given by him under the driving instruction franchise.”
21
In section 136 (surrender of certificates)—
(a)
for paragraphs (a) and (b) substitute “the registration of a person to
30
whom a certificate or other item prescribed under section 135(1)(a) of
this Act has been issued is terminated,”,
(b)
for “licence, as the case may be,” substitute “other item”, and
(c)
in the heading for “and licences” substitute “etc.”.
22    (1)
Section 137 (production of certificates to constables and authorised persons)
35
is amended as follows.
      (2)
In subsection (1)—
(a)
after “a certificate” insert “or other item”,
(b)
omit “, or to whom a licence under this Part of this Act is granted,”,
and
40
(c)
for “or licence” substitute “or other item”.
      (3)
In subsection (2), for the words before “constable” substitute “Where—
(a)
a person’s registration is terminated, and
(b)
he fails to satisfy an obligation imposed on him by section 136
of this Act,
45

a”.
      (4)
In that subsection, for “issued to him or the licence” substitute “or other item
issued to him”.

Road Safety Bill [HL]
Schedule 5 — Driving instruction
111

      (5)
In subsection (3), for “document” substitute “certificate or other item”.
      (6)
In subsection (4), for “document”, in each place, substitute “certificate or
other item”.
      (7)
In the heading for “and licences” substitute “etc.”.
23    (1)
Section 140 (receipts) is to be renumbered as subsection (3) of that section.
5
      (2)
Before that subsection insert—
“(1)
Regulations may make provision for the payment of such fees (if
any) as may be prescribed in connection with registration or
extension of registration.
(2)
Regulations may make provision for the repayment (in whole or in
10
part) of any fee payable by virtue of any provision of this Part of this
Act in such circumstances as may be prescribed.”
      (3)
For the heading substitute “Fees”.
24    (1)
Section 141 (regulations) is to be renumbered as subsection (1) of that
section.
15
      (2)
In that subsection, after “by regulations” insert “and for prescribing
anything which may be prescribed under this Part of this Act”.
      (3)
After that subsection insert—
“(2)
Regulations under this section—
(a)
may be expressed to apply generally or only in particular
20
circumstances,
(b)
may make different provision in relation to different cases or
other circumstances or otherwise for different purposes, and
(c)
may make incidental, supplementary, consequential or
transitional provision or savings.”
25
25
For section 141A (meaning of “motor car”) substitute—
“141A
Interpretation of Part 5
(1)
For the purposes of this Part of this Act persons may carry on
business in the provision of driving instruction in any way,
including in particular—
30
(a)
by giving instruction themselves,
(b)
by arranging for the giving of driving instruction by their
employees, or
(c)
by arranging for the giving of driving instruction by persons
who are franchisees under driving instruction franchises
35
under which they are the franchisor.
(2)
In this Part of this Act “driving instruction franchise” means an
agreement under which one party (the “franchisor”) grants to
another party (a “franchisee”) rights consisting of or including the
right to use a particular trading name, style or design in the carrying
40
on of business in the giving of driving instruction.

Road Safety Bill [HL]
Schedule 5 — Driving instruction
112

(3)
In this Part of this Act references to “the franchisor” and “a
franchisee”, in relation to a driving instruction franchise, shall be
construed accordingly.
(4)
In this Part of this Act “current”, in relation to a licence or certificate,
means one which has not expired and has not been cancelled,
5
revoked or suspended.
(5)
In this Part of this Act—
(a)
“Community licence” and “counterpart”, in relation to a
Community licence, and
(b)
“provisional licence”,
10

have the same meanings as in Part 3 of this Act.”
26
For section 142 substitute—
“142
Index to Part 5
The expressions listed in the left-hand column below are respectively
defined or (as the case may be) fall to be construed in accordance
15
with the provisions of this Part of this Act listed in the right-hand
column in relation to those expressions.

Expression
Relevant provision

Appropriate motor vehicle
Section 125A(8)

Carry on business in the provision of
Section 141A(1)

20

driving instruction

Community licence and counterpart
Section 141A(5)

Current (in relation to a licence or
Section 141A(4)

certificate)

Disability, prospective disability and
Section 125A(8)

25

relevant disability

Disabled person’s limited driving
Section 125A(8)

licence

Driving instruction
Section 123(3)

Driving instruction franchise (and
Section 141A(2) and (3)

30

franchisor and franchisee)

Emergency control assessment and
Section 125A(8)

emergency control certificate

Modifications, in relation to a motor
Section 125A(8)

vehicle

35

Paid instruction
Section 123(5) and (6)

Provisional licence
Section 141A(5)

Registered and registration
Section 123(7)

Road Safety Bill [HL]
Schedule 5 — Driving instruction
113

Expression
Relevant provision

The register
Section 123(8)

Registered disabled instructor
Section 125A(8)

The Registrar
Section 125(2)

Regulations
Section 141

5

Relevant instructor examination
Section 133(2)”

27
In section 173(2) (forgery of documents etc.), for paragraph (g) substitute—
“(g)
any document evidencing the successful completion of
training provided in accordance with regulations under
section 133ZA of this Act,
10
(ga)
any certificate under section 133A of this Act,
(gb)
any certificate or other item prescribed under section
135(1)(a) of this Act,”.
28
In section 174(1) (false statements), after paragraph (d) insert—
“(da)
of obtaining a document evidencing the successful
15
completion of training provided in accordance with
regulations under section 133ZA of this Act, or”.
29
In section 183 (application to Crown), after subsection (6) insert—
“(6A)
The Secretary of State may by regulations provide that Part 5 of this
Act is to apply in relation to persons in the public service of the
20
Crown but subject to any prescribed omissions, additions or other
modifications.”
30
In section 195(2) (duty to consult before making regulations under any
provision other than section 8(3) and Part 5), omit “or Part 5”.
Road Traffic Offenders Act 1988 (c. 53)
25
31
The Road Traffic Offenders Act 1988 is amended as follows.
32    (1)
Section 18 (evidence by certificate as to registration of driving instructors
and licences to give instruction) is amended as follows.
      (2)
In subsection (1), for paragraphs (a) to (d) substitute—
“(a)
a person was, or was not, registered,
30
(b)
a person became registered or a person’s registration was
terminated, or
(c)
a person was, or was not, exempt from the prohibitions
imposed by section 123 of the Road Traffic Act 1988
(requirement of registration) by virtue of provision made by
35
regulations under section 124 of that Act,”.
      (3)
In subsection (3), for the words from ““current” to ““register”” substitute
““Registrar”, “registered” and “registration””.
      (4)
In the heading, for “of driving instructors and licences to give instruction”
substitute “etc. of driving instructors etc.”.
40

Road Safety Bill [HL]
Schedule 6 — Repeals and revocations
114

33    (1)
Part 1 of Schedule 2 (prosecution and punishment of offences: offences
under the Traffic Acts) is amended as follows.
      (2)
In the entry relating to section 123(4) of the Road Traffic Act 1988 (c. 52)—
(a)
in column 1, for “123(4)” substitute “123A(1) and (2)”, and
(b)
in column 2, for “by unregistered and unlicensed persons or their
5
employers” substitute “, and carrying on of business in provision of
driving instruction, by unregistered persons”.
      (3)
In the entry relating to section 123(6) of that Act—
(a)
in column 1, for “123(6)” substitute “123A(4)”, and
(b)
in column 2, for “without there being exhibited on the motor car a
10
certificate of registration or a licence under RTA Part 5” substitute
“, and carrying on of business in provision of driving instruction,
without prescribed requirements relating to displaying of evidence
of registration under RTA Part 5 being complied with”.
      (4)
In the entry relating to section 133C(4) of that Act, in column 2, omit “or
15
licensed”.
      (5)
In the entry relating to section 133D of that Act, in column 2, omit “or their
employers”.
      (6)
In the entry relating to section 135 of that Act, for the words in column 2
substitute “Misuse of evidence of registration etc.”.
20
      (7)
In the entries relating to sections 136 and 137 of that Act, in column 2, for “or
licence” substitute “etc.”.
Schedule 6
Section 60

Repeals and revocations
(1) Graduated fixed penalties
25

Short title and chapter
Extent of repeal

Domestic Violence, Crime and
Section 16(2).

Victims Act 2004 (c. 28)

Road Safety Bill [HL]
Schedule 6 — Repeals and revocations
115

(2) Giving of fixed penalty notices by vehicle examiners

Short title and chapter
Extent of repeal

Road Traffic Offenders Act 1988
In section 54(5), the words “he surrenders”.

(c. 53)
In section 61(2), the words “fixed penalty clerk

must not endorse the”.

5

In section 66(8), the word “and” after the

definition of “hiring agreement”.

In section 73, in subsection (5), the words “by or

on behalf of the chief officer of police” and the

word “such” and, in subsection (7), the words

10

“by or on behalf of the chief officer of police”.

In section 79(1), the words “constable or

authorised”.

In section 89(1), the word “and” before the

definition of “proceedings”.

15

Road Traffic (New Drivers) Act
In section 2, in subsection (4), the words “, the

1995 (c. 13)
fixed penalty clerk” and, in subsection (5), the

words “by the fixed penalty clerk”.

Police Reform Act 2002 (c. 30)
Section 76(4).

Railways and Transport Safety
Section 69(3).

20

Act 2003 (c. 20)
Section 109.

Crime (International Co-
In Schedule 5, paragraphs 47(b), 55(b) and 57(b).

operation) Act 2003 (c. 32)

Courts Act 2003 (c. 39)
In Schedule 8, paragraphs 314 and 321.

(3) Endorsement: unlicensed and foreign drivers
25

Short title or title and reference
Extent of repeal or revocation

Road Traffic Offenders Act 1988
In the heading of section 31, the words “on

(c. 53)
licence”.

In section 45(1), the words “, whether he is at the

time the holder of a licence or not,”.

30

In section 70(4), the word “and” at the end of

paragraph (a).

Road Traffic (Driver Licensing
In Schedule 3, paragraph 2(bb).

and Information Systems)

Act 1989 (c. 22)

35

The Driving Licences
In Schedule 2, paragraphs 6 and 9.

(Community Driving
In Schedule 3, paragraph 3(2)(b).

Road Traffic Act 1991 (c. 40)
In Schedule 4, paragraph 93.

(4) Endorsement: all drivers

Short title or title and reference
Extent of repeal or revocation

40

Public Passenger Vehicles Act
Section 24(3).

1981 (c. 14)