Road Safety Bill [HL]

House of Commons

Session 2005 - 06
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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
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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
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(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
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(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
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(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)—