|
| |
|
(b) | who agrees to accept delivery in accordance with |
| |
arrangements agreed between that person and the |
| |
| |
| 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 |
| |
| |
(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 |
| |
| |
(b) | the claim is made within a prescribed time of the disposal, |
| |
| 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 |
| |
| 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 |
| |
(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 |
| |
| 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 |
| |
(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 |
| |
|
| |
|
| |
|
additions, omissions or other modifications as the Secretary of |
| |
| |
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. |
| |
| |
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 |
| |
| |
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 |
| |
| |
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. |
| |
| |
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 |
| |
| |
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— |
| |
|
| |
|
| |
|
(a) | references to an authorised person are to a person |
| |
authorised by the Secretary of State for the purposes of the |
| |
| |
(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. |
| |
| |
(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 |
| |
| |
| |
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 |
| |
| |
(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. |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
|
| |
|
| |
|
(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 |
| |
| |
(c) | the nature of the instruction or where or how it is given or |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
(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), |
| |
| |
(2) | If a person contravenes section 123(1)(b) of this Act he is guilty of an |
| |
| 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 |
| |
|
| |
|
| |
|
(c) | in a case within paragraph (c) of that subsection, the person |
| |
who was the franchisee under the driving instruction |
| |
| |
| 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 |
| |
| |
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— |
| |
| |
(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 |
| |
| 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 |
| |
| 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 |
| |
| 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 |
| |
|
| |
|
| |
|
respect of that description of driving instruction if he satisfies the |
| |
Registrar that the conditions prescribed under this subsection are |
| |
| |
(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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(b) | conditions requiring the persons to have passed those |
| |
| 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 |
| |
| |
(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 |
| |
(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 |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
(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 |
| |
| |
(b) | conditions requiring the person to have passed those |
| |
| |
(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, |
| |
|
| |
|