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Road Safety Bill [HL]


Road Safety Bill [HL]
Schedule 4 — New Schedule 2A to the Road Traffic Act 1988

95

 

(b)   

who agrees to accept delivery in accordance with

arrangements agreed between that person and the

Secretary of State,

           

and the arrangements may include provision as to the payment of

a sum to the person into whose custody the vehicle is delivered.

5

      (3)  

The regulations may provide that the person into whose custody

the vehicle is delivered may dispose of it, and may in particular

make provision as to—

(a)   

the time at which the vehicle may be disposed of, and

(b)   

the manner in which it may be disposed of.

10

      (4)  

The regulations may make provision allowing a person to take

possession of the vehicle if—

(a)   

he claims it before it is disposed of, and

(b)   

any prescribed conditions are fulfilled.

      (5)  

The regulations may provide for a sum of an amount arrived at

15

under prescribed rules to be paid to a person if—

(a)   

he claims after the vehicle’s disposal to be or to have been

its owner,

(b)   

the claim is made within a prescribed time of the disposal,

and

20

(c)   

any other prescribed conditions are fulfilled.

      (6)  

The regulations may provide that—

(a)   

the Secretary of State, or

(b)   

a person into whose custody the vehicle is delivered under

the regulations,

25

           

may recover from the vehicle’s owner (whether or not a claim is

made under provision made under sub-paragraph (4) or (5)

above) such charges as may be prescribed in respect of all or any

of the following, namely its release, removal, custody and

disposal; and “owner” means the person who was the owner when

30

the vehicle was removed.

      (7)  

The conditions prescribed under sub-paragraph (4) above may

include conditions as to—

(a)   

satisfying the person with custody that the claimant is the

vehicle’s owner,

35

(b)   

the payment of prescribed charges in respect of the

vehicle’s release, removal and custody,

(c)   

the production of such evidence as may be prescribed

establishing that in driving the vehicle away the claimant

will not be guilty of an offence under section 143 of this

40

Act, and

(d)   

the production of such evidence as may be prescribed

establishing that the person in whose name the vehicle is

registered under the Vehicle Excise and Registration Act

1994 is not guilty of an offence under section 144A of this

45

Act as regards the vehicle.

      (8)  

The regulations may in particular include provision for purposes

corresponding to those of sections 101 and 102 of the Road Traffic

Regulation Act 1984 (disposal and charges) subject to such

 

 

Road Safety Bill [HL]
Schedule 4 — New Schedule 2A to the Road Traffic Act 1988

96

 

additions, omissions or other modifications as the Secretary of

State thinks fit.

Offences as to securing possession of vehicles

4          

The regulations may provide that where—

(a)   

a person makes a declaration with a view to securing

5

possession of a vehicle purported to have been delivered

into the custody of a person in accordance with provision

made under paragraph 3 above,

(b)   

the declaration is that no offence under section 144A of this

Act is or was being committed as regards the vehicle, and

10

(c)   

the declaration is to the person’s knowledge either false or

in any material respect misleading,

           

he is guilty of an offence.

Disputes

5          

The regulations may make provision about the proceedings to be

15

followed where a dispute occurs as a result of the regulations, and

may in particular make provision—

(a)   

for an application to be made to a magistrates’ court or (in

Scotland) to the sheriff, or

(b)   

for a court to order a sum to be paid by the Secretary of

20

State.

Authorised persons

6          

As regards anything falling to be done under the regulations (such

as receiving payment of a charge or other sum) the regulations

may provide that it may be done—

25

(a)   

by an authorised person, or

(b)   

by an authorised person or a person acting under his

direction.

Application of Road Traffic Offenders Act 1988

7          

The regulations may make provision for the application of any or

30

all of sections 1, 6, 11 and 12(1) of the Road Traffic Offenders Act

1988 to an offence for which provision is made by the regulations.

Interpretation

8     (1)  

The regulations may make provision as to the meaning for the

purposes of the regulations of “owner” as regards a vehicle.

35

      (2)  

In particular, the regulations may provide that for the purposes of

the regulations the owner of a vehicle is taken to be the person in

whose name it is then registered under the Vehicle Excise and

Registration Act 1994.

9     (1)  

The regulations may make provision as to the meaning in the

40

regulations of “authorised person”.

      (2)  

In particular, the regulations may provide that—

 

 

Road Safety Bill [HL]
Schedule 5 — Driving instruction

97

 

(a)   

references to an authorised person are to a person

authorised by the Secretary of State for the purposes of the

regulations,

(b)   

an authorised person may be a local authority or an

employee of a local authority or a member of a police force

5

or some other person, and

(c)   

different persons may be authorised for the purposes of

different provisions of the regulations.

10         

In this Schedule—

(a)   

references to an immobilisation device are to a device or

10

appliance which is an immobilisation device for the

purposes of section 104 of the Road Traffic Regulation Act

1984 (immobilisation of vehicles illegally parked), and

(b)   

references to an immobilisation notice are to a notice fixed

to a vehicle in accordance with the regulations.”

15

Schedule 5

Section 40

 

Driving instruction

Road Traffic Act 1988 (c. 52)

1          

The Road Traffic Act 1988 is amended as follows.

2          

For section 123 (instruction in the driving of motor cars to be given only by

20

registered or licensed person) and the heading before it substitute—

“Instructors and instruction businesses to be registered

123     

Requirement of registration

(1)   

A person—

(a)   

must not give paid driving instruction of any prescribed

25

description unless he is registered in respect of the giving of

that description of driving instruction, and

(b)   

must not carry on business in the provision of paid driving

instruction of any prescribed description unless he is

registered in respect of the carrying on of business in the

30

provision of that description of driving instruction.

(2)   

A person—

(a)   

must not give paid driving instruction of any prescribed

description unless prescribed requirements as to the

displaying of evidence that he is registered in respect of the

35

giving of that description of driving instruction are complied

with, and

(b)   

must not carry on business in the provision of paid driving

instruction of any prescribed description unless prescribed

requirements as to the displaying of evidence that he is

40

registered in respect of the carrying on of business in the

provision of that description of driving instruction are

complied with.

 

 

Road Safety Bill [HL]
Schedule 5 — Driving instruction

98

 

(3)   

In this Part of this Act “driving instruction” means instruction in

relation to the driving of a motor vehicle.

(4)   

Regulations under this Part which prescribe a description of driving

instruction may do so by reference to—

(a)   

the class of motor vehicle to which the instruction relates,

5

(b)   

the description of persons to whom the instruction is given or

provided, or

(c)   

the nature of the instruction or where or how it is given or

provided.

(5)   

For the purposes of this Part of this Act instruction is paid instruction

10

if payment of money or money’s worth is, or is to be, made for the

instruction by or in respect of the person to whom the instruction is

given or provided.

(6)   

Regulations may prescribe circumstances in which instruction

provided free of charge shall be deemed to be given for payment of

15

money by or in respect of the person to whom the instruction is given

or provided.

(7)   

For the purposes of this Part of this Act a person is “registered” if his

name is in the register together with—

(a)   

an indication as to whether he is registered in respect of the

20

giving of driving instruction or the carrying on of business in

the provision of driving instruction (or both),

(b)   

an indication as to the description of driving instruction in

respect of which he is registered, and

(c)   

such other particulars as may be prescribed,

25

   

and “registration” shall be construed accordingly.

(8)   

In this Part of this Act “the register” means the register established

for the purposes of this Part of this Act under section 125 of this Act.

123A    

Paid driving instruction: offences

(1)   

If driving instruction is given in contravention of section 123(1)(a) of

30

this Act—

(a)   

the person by whom it is given,

(b)   

if that person is employed by another to give that instruction,

that other (as well as that person), and

(c)   

if that person is a franchisee under a driving instruction

35

franchise, the franchisor under the driving instruction

franchise (as well as that person),

   

is guilty of an offence.

(2)   

If a person contravenes section 123(1)(b) of this Act he is guilty of an

offence.

40

(3)   

In proceedings against a person for an offence under subsection (1)

or (2) above it shall be a defence for him to prove that he did not

know, and had no reasonable cause to believe, that—

(a)   

in a case within paragraph (a) of subsection (1) above, or

within subsection (2) above, he,

45

(b)   

in a case within paragraph (b) of subsection (1) above, the

person employed by him, or

 

 

Road Safety Bill [HL]
Schedule 5 — Driving instruction

99

 

(c)   

in a case within paragraph (c) of that subsection, the person

who was the franchisee under the driving instruction

franchise,

   

was not at the material time registered in respect of the description

of driving instruction in question.

5

(4)   

If a person contravenes section 123(2) of this Act he is guilty of an

offence.”

3          

For section 124 (exemption of police instructors) substitute—

“124    

Exemption from prohibitions imposed by section 123

(1)   

Regulations may prescribe circumstances in which section 123 of this

10

Act shall not apply in relation to driving instruction, or driving

instruction of a prescribed description.

(2)   

The regulations may, in particular, make provision for section

123(1)(a) and (2)(a) of this Act not to apply in prescribed

circumstances for the purpose of enabling persons to acquire

15

experience in giving driving instruction.”

4          

For section 125 (register of approved instructors) substitute—

“125    

Register

(1)   

Regulations shall make provision for the establishment and

maintenance of a register for the purposes of this Part of this Act.

20

(2)   

An application to be registered in respect of any description of

driving instruction must be made to the officer of the Secretary of

State (in this Part of this Act referred to as “the Registrar”) by whom

the register is, on behalf of the Secretary of State, compiled and

maintained.

25

(3)   

An application under subsection (2) above shall be made in such

manner, and shall be accompanied by such particulars, as the

Secretary of State may determine.

(4)   

The Registrar must, on making a decision on an application under

subsection (2) above, give notice in writing of the decision to the

30

applicant which, in the case of a decision to refuse the application,

must state the grounds for the refusal.

(5)   

Regulations may make provision authorising the Secretary of State

to make available information about persons registered under this

section.

35

(6)   

Subsections (2) to (5) above and section 125ZA of this Act do not

apply in relation to an application by a person to be registered, or to

a person’s registration, as a disabled instructor in respect of the

giving of instruction in the driving of a motor vehicle in the motor

vehicle.”

40

5          

After that section insert—

“125ZA  

Conditions of registration

(1)   

Where a person duly applies to be registered in respect of a

description of driving instruction, the Registrar must register him in

 

 

Road Safety Bill [HL]
Schedule 5 — Driving instruction

100

 

respect of that description of driving instruction if he satisfies the

Registrar that the conditions prescribed under this subsection are

fulfilled.

(2)   

In the case of applications by persons to be registered in relation to

the giving of a description of driving instruction, those conditions

5

may (in particular) include—

(a)   

conditions requiring the persons to have passed such

examinations of ability and fitness to give driving instruction

of that description as may be prescribed under section 132 of

this Act,

10

(b)   

conditions requiring the persons to hold, or to have held for

a prescribed period, such licences to drive motor vehicles of

a prescribed description as may be prescribed, and

(c)   

conditions requiring the persons not to have been

disqualified during a prescribed period under prescribed

15

provisions for holding or obtaining a licence to drive motor

vehicles.

(3)   

A person may be registered in respect of a description of driving

instruction subject to fulfilling the conditions prescribed under this

subsection for so long as he continues to be so registered.

20

(4)   

In the case of the registration of persons in relation to the giving of a

description of driving instruction, those conditions may (in

particular) include—

(a)   

conditions requiring the persons, if at any time required to do

so by the Registrar, to submit themselves for such

25

examinations of continued ability and fitness to give driving

instruction of that description as may be prescribed under

section 132 of this Act,

(b)   

conditions requiring the persons to have passed those

examinations,

30

(c)   

conditions within subsection (2)(b) and (c) above, and

(d)   

conditions requiring the persons to follow guidance issued

by the Registrar as to the giving of driving instruction of that

description.

(5)   

In the case of the registration of persons in relation to the carrying on

35

of business in the provision of a description of driving instruction,

those conditions may (in particular) include—

(a)   

conditions requiring the persons to secure that motor

vehicles and premises used by them in the carrying on of the

business meet prescribed standards throughout the period of

40

registration,

(b)   

conditions requiring the persons, if at any time required to do

so by the Registrar, to allow those motor vehicles and

premises to be inspected, and

(c)   

conditions requiring the persons to follow guidance issued

45

by the Registrar as to the carrying on of business in the

provision of driving instruction of that description.

(6)   

The conditions prescribed under subsection (1) or (3) above may (in

particular) include a condition that persons are fit and proper

persons to be, or to continue to be, registered.

50

 

 

Road Safety Bill [HL]
Schedule 5 — Driving instruction

101

 

(7)   

Regulations may include provision for persons of a prescribed

description to be exempt from any condition, to such extent as is

prescribed, in prescribed circumstances.”

6     (1)  

Section 125A (registration of disabled persons) is amended as follows.

      (2)  

For subsection (1) substitute—

5

“(1)   

A person may apply to the Registrar to be registered as a disabled

instructor in respect of the giving of instruction in the driving of a

motor vehicle of a prescribed description in such a motor vehicle if

he—

(a)   

suffers from a disability or prospective disability affecting the

10

driving of motor vehicles of that description,

(b)   

holds a current disabled person’s limited driving licence

relating to motor vehicles of that description, and

(c)   

holds a current emergency control certificate specifying

motor vehicles of that description.”

15

      (3)  

For subsections (5) to (7) substitute—

“(5)   

Where a person duly applies to be registered as a disabled instructor

in respect of the giving of instruction in the driving of a motor vehicle

of a prescribed description in such a motor vehicle, the Registrar

must (subject to section 125B(4) of this Act) so register him if he

20

satisfies the Registrar that the conditions prescribed under this

subsection are fulfilled.

(6)   

Those conditions may (in particular) include—

(a)   

conditions requiring the person to have passed such

examinations of ability and fitness to give driving instruction

25

of that description as may be prescribed under section 132 of

this Act,

(b)   

conditions requiring the person to hold, or to have held for a

prescribed period, such licences to drive motor vehicles of a

prescribed description as may be prescribed, and

30

(c)   

conditions requiring the person not to have been disqualified

during a prescribed period under prescribed provisions for

holding or obtaining a licence to drive motor vehicles.

(7)   

A person may be so registered subject to fulfilling the conditions

prescribed under this subsection for so long as he continues to be so

35

registered.

(7A)   

Those conditions may (in particular) include—

(a)   

conditions requiring the person, if at any time required to do

so by the Registrar, to submit himself for such examinations

of continued ability and fitness to give driving instruction of

40

that description as may be prescribed under section 132 of

this Act,

(b)   

conditions requiring the person to have passed those

examinations,

(c)   

conditions requiring the person, if at any time required to do

45

so by the Registrar, to submit himself for a further emergency

control assessment on the day (within such period as may be

prescribed) and at the place specified by the Registrar,

 

 

 
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