Problem communicating with remote server...
          House of Commons portcullis
House of Commons
Session 2005 - 06
Internet Publications
Other Bills before Parliament

Road Safety Bill [HL]


Road Safety Bill [HL]
Schedule 6 — Driving instruction

111

 

9     (1)  

Section 127 (extension of duration of registration) is amended as follows.

      (2)  

For subsections (1) to (4) substitute—

“(1)   

A person may, no later than such time before his registration in

respect of any description of driving instruction is terminated under

section 126(1) of this Act as is prescribed, apply to the Registrar for

5

the extension of that registration for a further period of four years.

(2)   

An application under subsection (1) above shall be made in such

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

Secretary of State may determine.

(3)   

On an application under subsection (1) above, the applicant shall be

10

entitled to have the registration extended for the further period of

four years if he satisfies the Registrar that the prescribed

requirements are fulfilled.

(4)   

The continued registration of a person by virtue of an extension

under this section may be made subject to—

15

(a)   

in the case of a registered disabled instructor, the conditions

prescribed under section 125A(7) of this Act, and

(b)   

in any other case, the conditions prescribed under section

125ZA(3) of this Act.”

      (3)  

In subsection (7), after “application” insert “under subsection (1) above”.

20

      (4)  

In subsection (7A), for “A decision to refuse” substitute “The termination of

a person’s registration on a decision to refuse such”.

      (5)  

In subsection (8), for “decision shall” substitute “termination of registration

shall”.

10         

For section 128 (removal of names from register) substitute—

25

“128    

Termination of registration by Registrar

(1)   

The Registrar may terminate a person’s registration in respect of any

description of driving instruction if he is satisfied that any relevant

prescribed condition has not been complied with in the case of the

person—

30

(a)   

in a case where his registration has not been extended under

section 127 of this Act, at any time since he became registered,

or

(b)   

in a case where his registration has been so extended, at any

time since it was last extended.

35

(2)   

For the purposes of subsection (1) above “relevant prescribed

condition” means—

(a)   

in the case of a registered disabled instructor, a condition

prescribed under section 125A(7) of this Act, and

(b)   

in any other case, a condition prescribed under section

40

125ZA(3) of this Act.

(3)   

The Registrar may also terminate a person’s registration in respect of

a description of driving instruction if the person’s registration, or (if

the person’s registration has been extended) the last extension of his

registration, was made by mistake or procured by fraud.

45

 

 

Road Safety Bill [HL]
Schedule 6 — Driving instruction

112

 

(4)   

Before terminating a person’s registration in respect of any

description of driving instruction, the Registrar must give him

written notice stating that he is considering terminating the

registration and giving particulars of the grounds on which he is

considering it.

5

(5)   

Where the Registrar gives notice to a person under subsection (4)

above—

(a)   

that person may, within the period of 28 days beginning with

the day on which the notice is given, make representations

with respect to the proposed termination,

10

(b)   

the Registrar must not decide to terminate the registration

until after the end of that period, and

(c)   

before deciding whether or not to terminate the registration,

the Registrar must take into consideration any such

representations made by him within that period.

15

(6)   

The Registrar must, on making a decision to terminate a person’s

registration in respect of any description of driving instruction, give

notice in writing of the decision to the person.

(7)   

A decision to terminate a person’s registration in respect of any

description of driving instruction shall take effect at the end of the

20

period of 14 days beginning with the day on which notice of the

decision is given (or, if any appeal brought against the decision

under the following provisions of this Part of this Act is previously

withdrawn or dismissed, when the appeal is withdrawn or

dismissed).

25

(8)   

But the Registrar may, when giving notice of his decision to

terminate a person’s registration in respect of any description of

driving instruction, direct that the decision shall instead take effect—

(a)   

where no appeal under the following provisions of this Part

of this Act is brought against the decision within the time

30

limited for the appeal, at the end of that time,

(b)   

where such an appeal is brought and is withdrawn or struck

out for want of prosecution, on the withdrawal or striking out

of the appeal, or

(c)   

where such an appeal is brought and not withdrawn or

35

struck out for want of prosecution, if and when the appeal is

dismissed, and not otherwise.”

11         

After that section insert—

“128A   

 Power to give direction as to further applications

(1)   

This section applies when the Registrar decides—

40

(a)   

to refuse to register a person,

(b)   

to refuse an application for the extension of a person’s

registration, or

(c)   

to terminate a person’s registration,

   

in respect of any description of driving instruction.

45

(2)   

The Registrar may direct that any application by that person to be

registered in respect of that description of driving instruction shall

not be entertained before the end of such period, not exceeding four

 

 

Road Safety Bill [HL]
Schedule 6 — Driving instruction

113

 

years beginning with the day on which the decision takes effect, as

may be specified in the direction.

(3)   

Notice of any such direction must be included in the notice of the

decision in connection with which it is given.”

12         

Omit sections 129 and 130 (licences for giving instruction so as to obtain

5

practical experience) and the heading before them.

13    (1)  

Section 131 (appeals) is amended as follows.

      (2)  

In subsection (1), for paragraphs (a) to (c) substitute—

“(a)   

to refuse an application for his registration or for the

extension of his registration,

10

(b)   

to terminate his registration,

(c)   

to give a direction under section 128A of this Act,”.

      (3)  

Omit subsection (2).

      (4)  

In subsection (3), for paragraph (b) and the word “or” before it substitute—

“(b)   

for the continuation or termination of the registration, or

15

(c)   

for the revocation or confirmation of the direction or the

alteration of the period specified in the direction,”.

      (5)  

In subsection (4), for the words from the beginning to the end of paragraph

(b) substitute “An order for refusal or termination under subsection (3)(a) or

(b) above may direct that an application by the appellant to be registered”.

20

      (6)  

In subsection (4B), for “, 128(7) or 130(6)” substitute “or 128(8)”.

      (7)  

In subsection (4D)—

(a)   

for “retention of a name in the register, to remove a name from the

register or to revoke a licence granted under section 129 of this Act”

substitute “extension of a person’s registration or to terminate a

25

person’s registration”, and

(b)   

for “, 128(7) or 130(6)” substitute “or 128(8)”.

      (8)  

In subsection (4F), for “instruction in the driving of a motor car” substitute

“driving instruction”.

14         

For sections 132 and 133 and the heading before them substitute—

30

“Examinations and training

132     

Examinations

(1)   

Regulations may make provision with respect to—

(a)   

the nature of examinations of the ability and fitness (or

continued ability and fitness) to give driving instruction

35

(which may consist of practical tests and other tests and

means of assessment) and the administrative arrangements

for submitting for such examinations,

(b)   

the qualification, selection and appointment of persons by

whom they may be conducted, conditions which must be

40

satisfied during the currency of an appointment, the charging

of reasonable fees in respect of applications for appointment

or appointments or in connection with any examination or

 

 

Road Safety Bill [HL]
Schedule 6 — Driving instruction

114

 

assessment which may be required before appointment or

during the currency of any appointment and the revocation

of any appointment,

(c)   

evidence of the results of such examinations, and

(d)   

the making available of information about the results of such

5

examinations,

   

and generally with respect to such examinations.

(2)   

In particular, the regulations may make provision—

(a)   

for requiring a person submitting himself for any part of an

examination which consists of practical tests, to provide a

10

safe and suitable vehicle for the purposes of the practical tests

and for requiring that, if the vehicle is a vehicle of a

prescribed description, the vehicle has been certified in the

prescribed manner after a prescribed inspection as satisfying

such requirements as may be prescribed,

15

(b)   

for the charging (whether on the making by a person of

arrangements to submit himself for any part of an

examination or otherwise) of reasonable fees for or in

connection with the examination, or any part of it, and any

inspection and certification of a vehicle required by

20

regulations under paragraph (a) above in relation to any part

of the examination,

(c)   

for requiring a person who desires to submit himself, or is

required to submit himself, for an examination, or any part of

it, to supply the Registrar with such particulars as the

25

Secretary of State may determine, and

(d)   

for ensuring that a person submitting himself for an

examination, or any part of it, and failing to pass it shall not

be eligible to submit himself for another examination, or any

part of it, by the same or any other person before the end of a

30

prescribed period, except under an order made by a court or

sheriff under the power conferred by section 133 of this Act.

133     

Review of examinations etc.

(1)   

On the application of a person who has undergone a relevant

instructor examination, or a part of a relevant instructor

35

examination—

(a)   

a magistrates’ court, or

(b)   

in Scotland, the sheriff within whose jurisdiction he resides,

   

may determine whether the examination, or the part of the

examination, was properly conducted.

40

(2)   

In this Part of this Act “relevant instructor examination” means—

(a)   

an examination of ability and fitness referred to in section

125ZA(2)(a) or 125A(6)(a) of this Act,

(b)   

an examination of continued ability and fitness referred to in

section 125ZA(4)(a) or 125A(7A)(a) of this Act, or

45

(c)   

an emergency control assessment under section 133A of this

Act.

(3)   

If it appears to the court or sheriff that it was not properly conducted,

the court or sheriff may—

 

 

Road Safety Bill [HL]
Schedule 6 — Driving instruction

115

 

(a)   

(except in the case of an emergency control assessment) order

that the applicant shall be eligible to submit himself for

another examination before the end of the period prescribed

under section 132(2)(d) of this Act, and

(b)   

(in any case) order that any fee payable by the applicant in

5

respect of the examination shall not be paid or, if it has been

paid, shall be repaid.

(4)   

No appeal shall lie under section 131 of this Act in respect of any

matter in respect of which an application may be made to a

magistrates’ court or a sheriff under subsection (1) above.

10

133ZA   

 Training

(1)   

Regulations may provide that a person—

(a)   

shall not be permitted to take any part of a relevant instructor

examination,

(b)   

shall not be registered, or

15

(c)   

shall not have his registration extended,

   

unless he has successfully completed training in accordance with the

regulations.

(2)   

Regulations may make provision in relation to training—

(a)   

by means of courses provided in accordance with the

20

regulations,

(b)   

by means of study conducted in accordance with the

regulations, and

(c)   

by any other prescribed means.

(3)   

Regulations under this section may include provision exempting

25

persons from any requirement imposed by virtue of subsection (1)

above; and regulations including such provision may (in

particular)—

(a)   

limit an exemption to persons in prescribed circumstances,

(b)   

attach conditions to an exemption,

30

(c)   

regulate applications for an exemption, and

(d)   

include provision for the evidencing by a person of his being

within an exemption.

(4)   

Regulations under this section may provide that training is not to be

taken into account for the purposes of the regulations if it was

35

completed before such time as is prescribed.

(5)   

Regulations under this section may, in particular, include—

(a)   

provision about the nature of training,

(b)   

provision for the approval by the Secretary of State of persons

providing training or giving instruction as part of training

40

and the withdrawal of approval (including provision for

appeals to the Transport Tribunal against refusal and

withdrawal of approval) and provision for exemptions from

any requirement of approval,

(c)   

provision for the training or assessment, or the supervision of

45

training or assessment, of persons providing training or

giving instruction as part of training,

 

 

Road Safety Bill [HL]
Schedule 6 — Driving instruction

116

 

(d)   

provision setting the maximum amount of any charges

payable by persons undergoing training,

(e)   

provision for the evidencing of the successful completion of

training, and

(f)   

provision authorising the Secretary of State to make available

5

information about persons providing training or giving

instruction as part of training.

(6)   

Regulations under this section may include provision for the

charging of reasonable fees in respect of the exercise of any function

conferred or imposed on the Secretary of State by the regulations.”

10

15         

In section 133A (assessment of disabled person’s ability to control a motor

car in an emergency), for “car” in each place (including in the heading)

substitute “vehicle”.

16    (1)  

Section 133B (further assessments) is amended as follows.

      (2)  

In subsection (1), for “125B(6)(a)” substitute “125A(7A)(c)”.

15

      (3)  

In subsection (2), for “whose name is not on the register” substitute “who is

not registered”.

      (4)  

In subsection (4)(b), for “car” substitute “vehicle”.

17    (1)  

Section 133C (duty to disclose further disability) is amended as follows.

      (2)  

Omit subsection (1).

20

      (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

instruction) is amended as follows.

      (2)  

Omit subsection (1).

25

      (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”.

      (5)  

For subsection (4) substitute—

“(4)   

Where a registered disabled instructor gives instruction in

30

contravention of this section—

(a)   

the instructor,

(b)   

if the instructor is employed by another person to give that

instruction, that other person (as well as the instructor), and

(c)   

if the instructor is a franchisee under a driving instruction

35

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

removal from, register etc.) substitute—

“134    

Power to alter registration period

40

(1)   

Regulations may alter—

 

 

Road Safety Bill [HL]
Schedule 6 — Driving instruction

117

 

(a)   

the period at the end of which a person’s registration is

terminated (unless extended or further extended),

(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

5

application by a person to be registered shall not be

entertained.

(2)   

Regulations under this section may contain amendments of this Part

of this Act.”

20         

For section 135 substitute—

10

“135    

Evidence of registration

(1)   

Regulations may prescribe—

(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

15

evidence.

(2)   

If at any time a person who is not registered—

(a)   

displays a certificate or other item prescribed under

subsection (1)(a) above,

(b)   

uses a title or other description prescribed under subsection

20

(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

at that time.

25

(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

appropriately registered, or

30

(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

did not have reasonable cause to believe, that the relevant person

35

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

carrying on business to give driving instruction, or is a

40

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

registered in respect of the giving of the description of

45

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)—

 

 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2006
Revised 24 April 2006