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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)

  
 

 

 
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