|
| |
|
(8) | If fourteen days after the date specified in the order as the latest date for |
| |
completion of the course the course provider has given neither a |
| |
certificate under subsection (1) above nor a notice under subsection (5) |
| |
above, the offender may, within such period as may be prescribed by |
| |
rules of court, apply to the supervising court, or (if the supervising |
| 5 |
court is not the Crown Court, the High Court of Justiciary or the |
| |
relevant local court) to either the supervising court or the relevant local |
| |
court, for a declaration that the course provider is in default. |
| |
(9) | If the court grants the application, section 34A of this Act shall have |
| |
effect as if the certificate had been duly received by the proper officer of |
| 10 |
| |
(10) | A notice under subsection (5) above shall specify the ground on which |
| |
it is given; and the appropriate national authority may by regulations |
| |
make provision as to the form of notices under that subsection and as |
| |
to the circumstances in which they are to be treated as given. |
| 15 |
(11) | Where the proper officer of a court receives a certificate under |
| |
subsection (1) above, or a court grants an application under subsection |
| |
(6) or (8) above, the proper officer or court must send notice of that fact |
| |
to the Secretary of State; and the notice must be sent in such manner |
| |
and to such address, and must contain such particulars, as the Secretary |
| 20 |
| |
| |
(1) | If an application is made to the appropriate national authority for the |
| |
approval of a course for the purposes of section 34A of this Act, the |
| |
appropriate national authority must decide whether to grant or refuse |
| 25 |
| |
(2) | In reaching that decision the appropriate national authority must have |
| |
| |
(a) | the nature of the course, and |
| |
(b) | whether the course provider is an appropriate person to |
| 30 |
provide the course and administer its provision efficiently and |
| |
| |
and may take into account any recommendations made by any persons |
| |
appointed to consider the application. |
| |
(3) | A course may be approved subject to conditions specified by the |
| 35 |
appropriate national authority. |
| |
(4) | An approval of a course is for the period specified by the appropriate |
| |
national authority (which must not exceed seven years), subject to |
| |
| |
(5) | Regulations made by the appropriate national authority may make |
| 40 |
provision in relation to the approval of courses and may, in particular, |
| |
| |
(a) | in relation to the making of applications for approval, |
| |
(b) | for the payment in respect of applications for approval, or of |
| |
approvals, (or of both) of fees of such amounts as are prescribed |
| 45 |
| |
(c) | specifying the maximum fees that a person may be required to |
| |
pay for a course and by when they are to be paid, |
| |
|
| |
|
| |
|
(d) | for the monitoring of courses and course providers, |
| |
(e) | in relation to withdrawing approval, |
| |
(f) | for an appeal to lie to the Transport Tribunal against a refusal of |
| |
an application for approval, the imposition of conditions on the |
| |
grant of such an application or the withdrawal of approval, and |
| 5 |
(g) | authorising the appropriate national authority to make |
| |
available (with or without charge) information about courses |
| |
| |
34C | Provisions supplementary to sections 34A to 34BA |
| |
(1) | The appropriate national authority may issue guidance to course |
| 10 |
providers, or to any category of course provider, as to the conduct of |
| |
courses approved for the purposes of section 34A of this Act; and— |
| |
(a) | course providers shall have regard to any guidance given to |
| |
them under this subsection, and |
| |
(b) | in determining for the purposes of section 34B of this Act |
| 15 |
whether any instructions or requirements of a course provider |
| |
were reasonable, a court shall have regard to any guidance |
| |
given to him under this subsection. |
| |
(2) | The Secretary of State may by regulations make provision— |
| |
(a) | amending section 34A(1)(b) of this Act by substituting for the |
| 20 |
period for the time being specified there a different period, |
| |
(b) | amending section 34A(7) of this Act by substituting for the |
| |
period for the time being specified there a different period, or by |
| |
substituting for the fraction of the unreduced period for the |
| |
time being specified there a different fraction of that period, (or |
| 25 |
| |
(c) | amending section 34A(8)(a) of this Act by substituting for the |
| |
period for the time being specified there a different period. |
| |
(3) | In sections 34A to 34BA of this Act and this section— |
| |
“appropriate national authority” means (as respects Wales) the |
| 30 |
National Assembly for Wales and (otherwise) the Secretary of |
| |
| |
“course provider”, in relation to a course, means the person by |
| |
whom it is, or is to be, provided; |
| |
“probationary period” has the meaning given in section 1 of the |
| 35 |
Road Traffic (New Drivers) Act 1995; |
| |
| |
(a) | in relation to a magistrates’ court in England and Wales, |
| |
the designated officer for the court, and |
| |
(b) | otherwise, the clerk of the court; |
| 40 |
“relevant local court”, in relation to an order under section 34A of |
| |
this Act in the case of an offender, means— |
| |
(a) | in England and Wales, a magistrates’ court acting for the |
| |
local justice area in which the offender resides, and |
| |
(b) | in Scotland, the sheriff court for the district where the |
| 45 |
offender resides or, where the order is made by a |
| |
stipendiary magistrate and the offender resides within |
| |
his commission area, the district court for that area; and |
| |
|
| |
|
| |
|
“supervising court”, in relation to an order under section 34A of |
| |
| |
(a) | in England and Wales, if the Crown Court made the |
| |
order the Crown Court and otherwise a magistrates’ |
| |
court acting for the same local justice area as the court |
| 5 |
which made the order, and |
| |
(b) | in Scotland, the court which made the order. |
| |
(4) | Any power to make regulations under section 34A, 34B or 34BA of this |
| |
Act or this section includes power to make different provision for |
| |
different cases, and to make such incidental or supplementary |
| 10 |
provision as appears necessary or appropriate. |
| |
(5) | Any power to make regulations under section 34A, 34B or 34BA of this |
| |
Act or this section shall be exercisable by statutory instrument. |
| |
(6) | No regulations shall be made under section 34A of this Act or this |
| |
section unless a draft of the regulations has been laid before, and |
| 15 |
approved by a resolution of, each House of Parliament. |
| |
(7) | A statutory instrument containing regulations made under section 34B |
| |
or 34BA of this Act by the Secretary of State shall be subject to |
| |
annulment in pursuance of a resolution of either House of Parliament.” |
| |
| 20 |
| |
(1) | Section 89 of the Road Traffic Act 1988 (c. 52) (driving tests) is amended as |
| |
| |
(2) | In subsection (3) (regulations about nature of tests)— |
| |
(a) | in paragraph (a), insert at the end “and the administrative |
| 25 |
arrangements for submitting for such tests”, and |
| |
(b) | after paragraph (b) insert— |
| |
“(ba) | the duty of a person submitting himself for a test to |
| |
produce, and in prescribed circumstances surrender, |
| |
any licence previously granted to him,”. |
| 30 |
(3) | In subsection (4) (provision that may be included in regulations under |
| |
| |
(a) | for “In particular, regulations may, without prejudice to the generality |
| |
of subsection (3) above,” substitute “Regulations under subsection |
| |
(3)(a) above may in particular”, |
| 35 |
(b) | in paragraph (a) (provision by person submitting himself for driving |
| |
test of vehicle which, if loading requirements are prescribed, is loaded |
| |
in accordance with prescribed requirements), for “a vehicle” substitute |
| |
“a safe and suitable vehicle”, |
| |
(c) | in that paragraph, for the words after “the test” substitute “and for |
| 40 |
requiring that, if the vehicle is a vehicle of a prescribed description, it |
| |
has been certified in the prescribed manner after a prescribed |
| |
inspection as satisfying such requirements as may be prescribed,”, and |
| |
(d) | for paragraph (b) substitute— |
| |
“(b) | for the charging (whether on the making of an |
| 45 |
appointment for a test or otherwise) of reasonable fees |
| |
|
| |
|
| |
|
for or in connection with the test and any inspection of a |
| |
vehicle required by regulations under paragraph (a) |
| |
above in relation to the test,”. |
| |
(4) | In subsection (5) (driving tests in parts), omit paragraph (b) and the word |
| |
| 5 |
(5) | After that subsection insert— |
| |
“(5ZA) | Regulations under subsection (3)(b) above may in particular provide— |
| |
(a) | for the supply by the Secretary of State to persons by whom |
| |
tests of competence to drive, or parts of such tests, may be |
| |
conducted of forms for certificates evidencing the results of |
| 10 |
such tests or parts of such tests, and |
| |
(b) | for the charging of reasonable fees in respect of the exercise of |
| |
any function conferred or imposed on the Secretary of State by |
| |
| |
(6) | In section 91 of that Act (repayment of test fees), for “A fee” substitute “The |
| 15 |
whole or any part of a fee”. |
| |
37 | Disqualification until test is passed |
| |
(1) | Section 36 of the Road Traffic Offenders Act 1988 (c. 53) (duty of court to order |
| |
disqualification until test is passed) is amended as follows. |
| |
(2) | In subsection (3) (order to be made in case of person disqualified in |
| 20 |
circumstances, or for period, prescribed by order)— |
| |
(a) | for “in such circumstances or for such period” substitute “for such |
| |
period, in such circumstances or for such period and in such |
| |
| |
(b) | for “prescribe” substitute “specify”, and |
| 25 |
(c) | for “may be so prescribed” substitute “the Secretary of State may by |
| |
| |
(3) | In subsection (5) (interpretation), for the definition of “appropriate driving |
| |
| |
““appropriate driving test” means— |
| 30 |
(a) | in such circumstances as the Secretary of State may |
| |
prescribe, an extended driving test, and |
| |
(b) | otherwise, a test of competence to drive which is not an |
| |
| |
| and, in the definition of “extended driving test”, after “section” insert “by |
| 35 |
regulations made by the Secretary of State”. |
| |
(4) | In subsection (8) (disqualification to expire on production in accordance with |
| |
regulations under section 105 of Road Traffic Act 1988 of evidence of having |
| |
passed test), for “under section 105 of the Road Traffic Act 1988” substitute |
| |
“made by the Secretary of State”. |
| 40 |
(5) | In subsection (9) (disqualification to expire by reason of passing of test only in |
| |
relation to vehicles of such classes as are prescribed by such regulations), for |
| |
“under that section” substitute “made by the Secretary of State”. |
| |
|
| |
|
| |
|
(6) | After subsection (13) insert— |
| |
“(13A) | Before making an order under subsection (3) above the Secretary of |
| |
State must consult with such representative organisations as he thinks |
| |
| |
(7) | Omit subsection (14) (no order to be made under subsection (3) after end of |
| 5 |
2001 unless one previously made). |
| |
(8) | In section 173(2) of the Road Traffic Act 1988 (c. 52) (forgery of documents etc.), |
| |
| |
(n) | any document produced as evidence of the passing of an |
| |
appropriate driving test within the meaning of section 36 of that |
| 10 |
| |
38 | Granting of full licence |
| |
(1) | In section 89(1) of the Road Traffic Act 1988 (licence not to be granted unless |
| |
conditions satisfied), for— |
| |
(a) | the words in paragraph (a) before sub-paragraph (i), and |
| 15 |
(b) | the words from “that” to “passed” in paragraphs (c) and (e), |
| |
| substitute “that he has, at such time or within such period as is prescribed, |
| |
| |
(2) | In section 97 of that Act (grant of licences), after subsection (1) insert— |
| |
“(1ZA) | Regulations may provide that in prescribed circumstances a licence |
| 20 |
granted by the Secretary of State may be granted subject to prescribed |
| |
conditions having effect— |
| |
(a) | for a prescribed period, or |
| |
(b) | until the happening of a prescribed event.” |
| |
(3) | In section 98(1)(c) of that Act (provisional licence to specify conditions subject |
| 25 |
| |
(a) | omit “in the case of a provisional licence”, and |
| |
(b) | for “the conditions” substitute “any conditions”. |
| |
(4) | In section 195 of that Act (provisions as to regulations)— |
| |
(a) | in subsection (3), omit “is exercised” and after “189)” insert “is exercised |
| 30 |
(otherwise than for the purposes of section 97(1ZA) of this Act)”, and |
| |
(b) | in subsection (4), after “Act” insert “, or for the purposes of section |
| |
| |
| |
(1) | Section 99ZC(1) of the Road Traffic Act 1988 (driver training courses: |
| 35 |
supplementary) is amended as follows. |
| |
(2) | In paragraphs (b) and (c), after “courses” insert “or giving instruction on such |
| |
| |
(3) | After paragraph (e) insert “and |
| |
(f) | provision authorising the Secretary of State to make available |
| 40 |
information about persons providing driver training courses or |
| |
giving instruction on such courses.” |
| |
|
| |
|
| |
|
(4) | In section 173(2) of that Act (forgery of documents etc.), for paragraph (ff) |
| |
| |
“(ff) | any document evidencing the successful completion of a driver |
| |
training course provided in accordance with regulations under |
| |
section 99ZA of this Act,”. |
| 5 |
(5) | In section 174(1) of that Act (false statements), after paragraph (c) insert— |
| |
“(ca) | of obtaining a document evidencing the successful completion |
| |
of a driver training course provided in accordance with |
| |
regulations under section 99ZA of this Act, or”. |
| |
| 10 |
Schedule 5 contains amendments about driving instruction. |
| |
41 | Tests: approved assistants |
| |
In the Road Traffic Act 1988 (c. 52), before section 163 insert— |
| |
“Requirement for approval of persons to assist at tests |
| |
162A | Approved test assistants |
| 15 |
(1) | The Secretary of State may make regulations permitting any person |
| |
wishing to be accompanied at a relevant test by another person (a “test |
| |
assistant”) to be so accompanied if— |
| |
(a) | he submits himself for the relevant test in any circumstances in |
| |
which the Secretary of State considers it appropriate that he |
| 20 |
should be entitled to be so accompanied, and |
| |
(b) | the test assistant is approved in accordance with regulations |
| |
under this section to accompany people at relevant tests in such |
| |
circumstances in order to assist them in undergoing the relevant |
| |
| 25 |
(2) | The circumstances in which the Secretary of State considers it |
| |
appropriate that a person should be entitled to be accompanied by a |
| |
test assistant at a relevant test may include, for example, circumstances |
| |
in which he is likely to have difficulty in hearing, understanding or |
| |
responding to instructions or questions in the course of the relevant test |
| 30 |
| |
(3) | The regulations may make provision in relation to the approval of test |
| |
assistants and may, in particular, include provision— |
| |
(a) | in relation to the making of applications for approval, |
| |
(b) | for the payment in respect of applications for approval, or of |
| 35 |
approvals, (or both) of fees of such amounts as are prescribed, |
| |
(c) | in relation to the period for which an approval is to have effect |
| |
and withdrawing approval, |
| |
(d) | authorising the imposition of conditions on an approval, |
| |
(e) | for an appeal to lie to the Transport Tribunal against a refusal of |
| 40 |
an application for approval, the imposition of conditions on an |
| |
approval or the withdrawal of approval, |
| |
(f) | prescribing circumstances in which an approved test assistant |
| |
| |
|
| |
|
| |
|
(g) | as to the evidencing by persons of their status as approved test |
| |
| |
(h) | authorising the Secretary of State to make available (with or |
| |
without charge) information about approved test assistants. |
| |
(4) | The regulations may make different provision in relation to different |
| 5 |
| |
(5) | The following are relevant tests— |
| |
(a) | tests of competence to drive a motor vehicle prescribed by |
| |
virtue of section 89(3) of this Act or section 36(5) of the Road |
| |
Traffic Offenders Act 1988, |
| 10 |
(b) | examinations of ability and fitness (or continued ability and |
| |
fitness) to give driving instruction for which provision is made |
| |
by virtue of section 132 of this Act, and |
| |
(c) | emergency control assessments under section 133A of this Act.” |
| |
Regulation of registration plate suppliers |
| 15 |
42 | Enforcement authorities |
| |
(1) | Part 2 of the Vehicles (Crime) Act 2001 (c. 3) (regulation of registration plate |
| |
suppliers) is amended as follows. |
| |
(2) | In section 26(8) (power of entry for authorised persons: meaning of “authorised |
| |
person”), for “section by” substitute “section— |
| 20 |
(a) | by the Secretary of State, or |
| |
| |
(3) | In section 30(a) (institution of proceedings for offences), after “by” insert “the |
| |
| |
(4) | In section 31(1) (interpretation of Part 2), for the definition of “local authority” |
| 25 |
| |
““local authority” means— |
| |
(a) | in relation to England, a county council, a district |
| |
council, a London borough council, the Common |
| |
Council of the City of London in its capacity as a local |
| 30 |
authority or the Council of the Isles of Scilly; |
| |
(b) | in relation to Wales, a county council or a county |
| |
| |
| |
(1) | Part 2 of the Vehicles (Crime) Act 2001 (regulation of registration plate |
| 35 |
suppliers) is amended as follows. |
| |
(2) | In section 31(1) (interpretation of Part 2), in paragraph (a) of the definition of |
| |
“registration plate”, for “a registration mark” substitute “in accordance with |
| |
regulations under paragraph (b) of subsection (4) of section 23 of the 1994 Act |
| |
a registration mark which complies with regulations under paragraph (a) of |
| 40 |
| |
(3) | Section 28 (offences) is amended as follows. |
| |
|
| |
|