|
| |
|
17 (1) | Section 133C (duty to disclose further disability) is amended as follows. |
| |
| |
(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. |
| |
| |
(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— |
| |
| |
(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 |
| |
| |
(c) | the period before the end of which it may be directed that any |
| |
application by a person to be registered shall not be |
| |
| 30 |
(2) | Regulations under this section may contain amendments of this Part |
| |
| |
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 |
| |
| |
(2) | If at any time a person who is not registered— |
| 40 |
(a) | displays a certificate or other item prescribed under |
| |
| |
|
| |
|
| |
|
(b) | uses a title or other description prescribed under subsection |
| |
| |
(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 |
| |
(3) | If a person carrying on business in the provision of driving |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(a) | after “a certificate” insert “or other item”, |
| |
(b) | omit “, or to whom a licence under this Part of this Act is granted,”, |
| |
| 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 |
| |
| 45 |
| |
(4) | In that subsection, for “issued to him or the licence” substitute “or other item |
| |
| |
|
| |
|
| |
|
(5) | In subsection (3), for “document” substitute “certificate or other item”. |
| |
(6) | In subsection (4), for “document”, in each place, substitute “certificate or |
| |
| |
(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 |
| |
| 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 |
| |
(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, |
| |
| 30 |
(a) | by giving instruction themselves, |
| |
(b) | by arranging for the giving of driving instruction by their |
| |
| |
(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. |
| |
|
| |
|
| |
|
(3) | In this Part of this Act references to “the franchisor” and “a |
| |
franchisee”, in relation to a driving instruction franchise, shall be |
| |
| |
(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 |
| |
(5) | In this Part of this Act— |
| |
(a) | “Community licence” and “counterpart”, in relation to a |
| |
| |
(b) | “provisional licence”, |
| 10 |
| have the same meanings as in Part 3 of this Act.” |
| |
26 | For section 142 substitute— |
| |
| |
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. |
| |
| | | | | | Appropriate motor vehicle |
| | | | | Carry on business in the provision of |
| | | 20 | | | | | | | Community licence and counterpart |
| | | | | Current (in relation to a licence or |
| | | | | | | | | | Disability, prospective disability and |
| | | 25 | | | | | | | Disabled person’s limited driving |
| | | | | | | | | | | | | | | Driving instruction franchise (and |
| | | 30 | | franchisor and franchisee) |
| | | | | Emergency control assessment and |
| | | | | emergency control certificate |
| | | | | Modifications, in relation to a motor |
| | | | | | | | 35 | | | | | | | | | | | | Registered and registration |
| | | |
|
|
| |
|
| |
|
| | | | | | | | | | | Registered disabled instructor |
| | | | | | | | | | | | | 5 | | Relevant instructor examination |
| | | |
|
|
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 |
| |
| |
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 |
| |
| |
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 |
| |
| |
(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 |
|
| |
|
| |
|
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 |
| |
(5) | In the entry relating to section 133D of that Act, in column 2, omit “or their |
| |
| |
(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.”. |
| |
| |
| |
| |
(1) Graduated fixed penalties |
| 25 |
| | | | | | Domestic Violence, Crime and |
| | | | | | | | |
|
|
| |
|
| |
|
(2) Giving of fixed penalty notices by vehicle examiners |
| |
| | | | | | Road Traffic Offenders Act 1988 |
| In section 54(5), the words “he surrenders”. |
| | | | | In section 61(2), the words “fixed penalty clerk |
| | | | | | | 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 |
| | | | | | | | | | 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 |
| | | | | fixed penalty clerk” and, in subsection (5), the |
| | | | | words “by the fixed penalty clerk”. |
| | | | Police Reform Act 2002 (c. 30) |
| | | | | Railways and Transport Safety |
| | | 20 | | | | | | | | In Schedule 5, paragraphs 47(b), 55(b) and 57(b). |
| | | | operation) Act 2003 (c. 32) |
| | | | | | 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 |
| | | | | | | | | | 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 |
| | | | | | | | | Road Traffic (Driver Licensing |
| In Schedule 3, paragraph 2(bb). |
| | | | | | | | | | | | 35 | | | In Schedule 2, paragraphs 6 and 9. |
| | | | | 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 |
| | | | | | | | |
|
|
| |
|