Road Safety Bill [HL]

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

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

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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.

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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

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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

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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

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Schedule 5 — Driving instruction
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(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,