 
|
Part
5
Driving
Instruction
Instructors
to
be
registered
or
licensed
| | Driving
Instruction
Instructors to be registered or licensed |
Driving instruction for payment to be given only by registered or licensed persons.
| 123.—(1) No
paid instruction in the driving of a motor car shall be given unless—
(a) the
name of the person giving the instruction is in the register of approved instructors
established in pursuance of section 23 of the [1962 c. 59.] Road Traffic
Act 1962 (in this Part of this Act referred to as "the register" ), or
(b) the
person giving the instruction is the holder of a current licence granted under
this Part of this Act authorising him to give such instruction. (2) No
paid instruction in the driving of a motor car shall be given unless there is
fixed to and exhibited on that motor car in such manner as may be prescribed by
regulations either— (a) a
certificate in such form as may be so prescribed that the name of the person giving
the instruction is in the register, or (b) a
current licence granted under this Part of this Act authorising the person giving
the instruction to give such instruction. (3) For
the purposes of subsections (1) and (2) above, instruction is paid instruction
if payment of money or money's worth is, or is to be, made by or in respect of
the person to whom the instruction is given for the giving of the instruction
and for the purposes of this subsection instruction which is given— |
|
Driving
instruction for payment to be given only by registered or licensed persons.
|
(a) free
of charge to a person who is not the holder of a current licence to drive a motor
vehicle granted under Part III of this Act (other than a provisional licence), (b) by,
or in pursuance of arrangements made by, a person carrying on business in the
supply of motor cars, and (c) in
connection with the supply of a motor car in the course of that business, shall
be deemed to be given for payment of money by the person to whom the instruction
is given.
(4) Where instruction is given in
contravention of subsection (1) above— (a) the
person by whom it is given, and (b) if
that person is employed by another to give that instruction, that other, as well
as that person, is
guilty of an offence.
(5) In proceedings against
a person for an offence under subsection (4) above it shall be a defence for him
to prove that he did not know, and had no reasonable cause to believe, that his
name or, as the case may be, that of the person employed by him, was not in the
register at the material time.
(6) If instruction
is given in contravention of subsection (2) above, the person by whom it is given
is guilty of an offence.
(7) Any reference
in this Part of this Act to a current licence is a reference to a licence which
has not expired and has not been cancelled, revoked or suspended.
(8) In
this section "provisional licence" has the same meaning as in Part III of this
Act. |
Exemption
of police instructors from prohibition imposed by section 123.
|
124.—(1) Section 123(1)
and (2) of this Act does not apply to the giving of instruction by a police instructor
in pursuance of arrangements made by a chief officer of police or, under the authority
of a chief officer of police, in pursuance of arrangements made by a local authority.
(2) In this section— "police
instructor" means a person who is— (a) a
member of a police force whose duties consist of or include, or have consisted
of or included, the giving of instruction in the driving of motor cars to persons
being members of a police force, or (b) a
civilian employed by a police authority for the purpose of giving such instruction
to such persons, and (a) in
relation to England and Wales, the council of a county, metropolitan district,
or London borough or the Common Council of the City of London, (b) in
relation to Scotland, a regional or islands council. (3) In
the application of subsection (2) above to the metropolitan police, the reference
to a civilian employed by a police authority is to be read as a reference to a
civilian employed under the Commissioner of Police of the Metropolis or the Receiver
for the Metropolitan Police District.
| | |
Registration |
The
register of approved instructors.
|
125.—(1) The compilation
and maintenance of the register shall continue by virtue of this Act.
(2) An
application for the entry of a person's name in the register must be made, in
manner determined by the Secretary of State, accompanied by particulars so determined,
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.
(3) Where a person
duly applies for the entry of his name in the register, the Registrar must, on
payment of such fee, if any, as may be prescribed by regulations, enter his name
in the register if he satisfies the Registrar that the following conditions are
fulfilled in his case— (a) he
has passed such examination of ability to give instruction in the driving of motor
cars (consisting of a written examination, a practical test of ability and fitness
to drive and a practical test of ability and fitness to instruct) as may be so
prescribed, (b) he
is the holder of a current licence of one of the following kinds— (i) a
licence to drive a motor car granted under Part III of this Act (not being a provisional
licence), and (ii) a
licence to drive a motor car (not being a licence corresponding to a provisional
licence) granted under the law in force in Northern Ireland, (c) during
the period of six years ending with the day on which the application is made,
the periods (if any) for which he did not hold one or more of the following licences,
that is— (i) a
current licence of one of the kinds mentioned in paragraph (b) above, and (ii) a
current foreign licence, that is to say, a document issued under the law of a
country outside the United Kingdom authorising the holder to drive a motor car
in that country, did
not amount in aggregate to more than two years, (d) he
has not, during any part of the period of four years ending with the day on which
the application is made, been disqualified under section 34 or 36 of the [1988
c. 53.] Road Traffic Offenders Act 1988 for holding or obtaining a licence
to drive a motor vehicle granted under Part III of this Act, and (e) apart
from fulfilment of the preceding conditions, he is a fit and proper person to
have his name entered in the register. (4) At
any time when a person who held a current licence of one of the following kinds,
that is— (a) a
licence to drive a motor car granted under Part III of this Act, being a provisional
licence, and (b) a
licence to drive a motor car (being a licence corresponding to a provisional licence)
granted under the law in force in Northern Ireland, had
passed the test of competence to drive a motor car prescribed by virtue of section
89(3) of this Act or the corresponding law in force in Northern Ireland, he shall
be regarded for the purposes of paragraph (c) of subsection (3) above as having
held a current licence of one of the kinds mentioned in paragraph (b) of that
subsection.
(5) The entry of a person's name
in the register shall be subject to the condition that, so long as his name is
in the register, he will, if at any time required to do so by the Registrar, undergo
the test prescribed by regulations of continued ability and fitness to give instruction
in the driving of motor cars.
(6) Regulations
may provide that persons of such class as may be specified in the regulations
shall be exempt from the condition mentioned in subsection (3)(a) above as regards
such part of the examination mentioned in that paragraph as may be so specified.
(7) If
the Secretary of State is satisfied that satisfactory provision is made by the
law of Northern Ireland for the establishment of a register containing the names
of persons qualified under that law to give instruction in the driving of motor
cars, a person who satisfies the Registrar— (a) that
his name is in the register established under that law, and (b) that
he is resident in Great Britain, shall
be exempt from the condition mentioned in subsection (3)(a) above.
(8) The
Registrar must, on making a decision on an application under subsection (2) above,
give notice in writing of the decision to the applicant which, in the case of
a decision to refuse the application, must state the grounds for the refusal.
(9) In
this section "provisional licence" has the same meaning as in Part III of this
Act. |
Duration
of registration.
|
126.—(1) Unless previously
removed under the following provisions of this Part of this Act, the name of a
person shall, subject to subsection (2) below, be removed from the register at
the end of the period of four years beginning with— (a) the
first day of the month next after that in which the entry of his name was made,
or (b) where
his name has been retained in the register under section 127 of this Act, the
day with which the last further period for which his name was so retained began. (2) If
an application for the retention of his name in the register is made under section
127 of this Act before the end of that period, the name must not be removed except
in pursuance of a decision of the Registrar having effect under that section.
(3) Where
a person whose name has been removed from the register under subsection (1) above
applies under section 125(2) of this Act for his name to be entered again in the
register, he shall be required again to pass the examination mentioned in section
125(3)(a) of this Act unless the application is made before the end of the period
of one year beginning with the end of the period of four years mentioned in subsection
(1) above. |
Extension
of duration of registration.
|
127.—(1) A person
may, before the time when his name is required under section 126(1) of this Act
to be removed from the register, apply to the Registrar, in manner determined
by the Secretary of State, accompanied by particulars so determined, for the retention
of his name in the register for a further period of four years.
(2) On
an application under subsection (1) above, he shall be entitled, on payment of
such fee, if any, as may be prescribed by regulations, to have his name retained
in the register for that further period, if he satisfies the Registrar that the
following conditions are fulfilled in his case.
(3) Those
conditions are— (a) that
he has not refused to undergo any such test as is mentioned in section 125(5)
of this Act which he has been required to undergo during the period of four years
ending with the time when his name is required under section 126(1) of this Act
to be removed from the register, (b) that
his ability and fitness to give instruction in the driving of motor cars continue,
having regard to any such test or tests which he has undergone during that period,
to be of a satisfactory standard, (c) that
he is the holder of a current licence of one of the kinds mentioned in section
125(3)(b) of this Act, (d) that
he has not during any part of that period been disqualified under section 34 or
36 of the [1988
c. 53.] Road Traffic Offenders Act 1988 for holding or obtaining a licence
to drive a motor vehicle granted under Part III of this Act, and (e) that,
apart from fulfilment of the preceding conditions, he continues to be a fit and
proper person to have his name entered in the register. (4) The
retention of a person's name under this section shall be subject to the condition
mentioned in section 125(5) of this Act.
(5) Before
refusing an application under subsection (1) above the Registrar must give to
the applicant written notice stating that he is considering the refusal of the
application and giving particulars of the grounds on which he is considering it.
(6) Where
the Registrar gives notice under subsection (5) above— (a) the
applicant may, within the period of twenty-eight days beginning with the day on
which the notice is given, make representations with respect to the proposed refusal, (b) the
Registrar must not decide to refuse the application until after the expiration
of that period, and (c) before
deciding whether or not to refuse the application, the Registrar must take into
consideration any such representations made by the applicant within that period. (7) On
deciding to grant or refuse an application the Registrar must give notice in writing
of the decision to the person concerned.
(8) A
decision to refuse an application shall take effect— (a) where
no appeal under the following provisions of this Part of this Act is brought against
the decision within the time limited for the appeal, on the expiration 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, (c) where
such an appeal is brought and not withdrawn or struck out for want of prosecution,
if and when the appeal is dismissed, and not otherwise. |
Removal
of names from register.
|
128.—(1) The Registrar
may remove the name of a person from the register if he is satisfied that—
(a) in
a case where his name has not been retained in the register under section 127
of this Act, at any time since the entry of his name was made, and (b) in
a case where his name has been so retained under that section, at any time since
it was last retained, any
of the following conditions was fulfilled in his case.
(2) Those
conditions are— (a) that
he held neither of the kinds of current licence mentioned in section 125 (3)(b)
of this Act, (b) that
he was disqualified under section 34 or 36 of the [1988
c. 53.] Road Traffic Offenders Act 1988 for holding or obtaining a licence
to drive a motor vehicle under Part III of this Act, (c) that
he refused to undergo a test such as is mentioned in section 125 (5) of this Act, (d) that
he failed to pass such a test, (e) that
he ceased, apart from fulfilment of any of the preceding conditions, to be a fit
and proper person to have his name included in the register. (3) The
Registrar may remove the name of a person from the register if the entry of his
name in the register, or the retention of his name in the register, was made by
mistake or procured by fraud.
(4) Before removing
the name of a person from the register under this section, the Registrar must
give him written notice stating that he is considering the removal and giving
particulars of the grounds on which he is considering it.
(5) Where
the Registrar gives notice to a person under subsection (4) above— (a) that
person may, within the period of twenty-eight days beginning with the day on which
the notice is given, make representations with respect to the proposed removal, (b) the
Registrar must not decide to remove his name from the register until after the
expiration of that period, and (c) before
deciding whether or not to remove his name from the register, the Registrar must
take into consideration any such representations made by him within that period. (6) The
Registrar must, on making a decision to remove a name from the register, give
notice in writing of the decision to the person concerned.
(7) A
decision to remove a name from the register shall take effect— (a) where
no appeal under the following provisions of this Part of this Act is brought against
the decision within the time limited for the appeal, on the expiration 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, (c) where
such an appeal is brought and not withdrawn or struck out for want of prosecution,
if and when the appeal is dismissed, and not otherwise.
| | |
Licences |
Licences
for giving instruction so as to obtain practical experience.
|
129.—(1) A licence
under this section is granted for the purpose of enabling a person to acquire
practical experience in giving instruction in driving motor cars with a view to
undergoing such part of the examination referred to in section 125(3)(a) of this
Act as consists of a practical test of ability and fitness to instruct.
(2) Subject
to subsection (3) below, where— (a) a
person applies to the Registrar in manner determined by the Secretary of State,
accompanied by particulars so determined, and (b) the
Registrar is satisfied— (i) that
the applicant has passed the other parts of that examination, and (ii) that
the conditions set out in section 125(3)(b) to (e) of this Act are fulfilled in
his case, the
Registrar must, on payment of such fee, if any, as may be prescribed by regulations,
grant to the applicant a licence to give paid instruction (within the meaning
of section 123(1) and (2) of this Act) in the driving of a motor car. (3) The
Registrar may refuse to grant a licence under this section to an applicant to
whom such a licence has previously been issued.
(4) The
Registrar must, on making a decision on an application under subsection (2) above,
give notice in writing of the decision to the applicant which, in the case of
a decision to refuse the application, must state the grounds of the refusal.
(5) A
licence under this section shall be in such form, shall be in force for such period,
and shall be granted subject to such conditions, as may be prescribed by regulations.
(6) Notwithstanding
any provision of regulations made by virtue of subsection (5) above prescribing
the period for which a licence is to be in force, where a person applies for a
new licence in substitution for a licence held by him and current at the date
of the application, the previous licence shall not expire— (a) until
the commencement of the new licence, or (b) if
the Registrar decides to refuse the application, until the time limited for an
appeal under the following provisions of this Part of this Act against the decision
has expired and, if such an appeal is duly brought, it is finally disposed of. (7) Before
deciding to refuse an application for a new licence in substitution for a licence
current at the date of the application, the Registrar must give to the applicant
written notice stating that he is considering the refusal and giving particulars
of the grounds on which he is considering it.
(8) Where
the Registrar gives notice under subsection (7) above— (a) the
applicant may, within the period of fourteen days beginning with the day on which
the notice is given, make representations with respect to the proposed refusal,
and (b) the
Registrar must not decide to refuse the application until after the expiration
of that period, and (c) before
deciding whether or not to refuse the application, the Registrar must take into
consideration any such representations made within that period. |
Revocation
of licences.
|
130.—(1) The registrar
may revoke a licence granted under section 129 of this Act— (a) if
the person to whom the licence was granted fails to comply with any of the conditions
subject to which it was granted, or (b) if
the Registrar is satisfied that, at any time since the licence was granted, any
of the conditions mentioned in subsection (2) below was fulfilled in his case,
or (c) if
the licence was granted by mistake or procured by fraud. (2) The
conditions referred to in subsection (1)(b) above are— (a) that
he held neither of the kinds of current licence mentioned in section 125 (3)(b)
of this Act, or (b) that
he was disqualified under section 34 or 36 of the [1988
c. 53.] Road Traffic Offenders Act 1988 for holding or obtaining a licence
to drive a motor vehicle under Part III of this Act, or (c) that
he ceased, apart from fulfilment of either of the preceding conditions, to be
a fit and proper person to have his name in the register. (3) Before
revoking a licence granted to a person under this section the Registrar must give
him written notice stating that he is considering the revocation and giving particulars
of the grounds on which he is considering it.
(4) Where
the Registrar gives notice to a person under subsection (3) above— (a) that
person may, within the period of fourteen days beginning with the day on which
the notice is given, make representations with respect to the proposed revocation,
and (b) the
Registrar must not decide to revoke the licence until after the expiration of
that period, and (c) before
deciding whether or not to revoke the licence, the Registrar must take into consideration
any such representations made within that period. (5) The
Registrar must, on making a decision to revoke a licence granted under this section,
give notice in writing of the decision to the person concerned.
(6) A
decision to revoke a licence granted under this section shall take effect— (a) where
no appeal under the following provisions of this Part of this Act is brought against
the decision within the time limited for the appeal, on the expiration 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, (c) where
such an appeal is brought and not withdrawn or struck out for want of prosecution,
if and when the appeal is dismissed, and not otherwise.
| | |
Appeals |
Appeals.
|
131.—(1) A person
who is aggrieved by a decision of the Registrar— (a) to
refuse an application for the entry of his name in the register, or (b) to
refuse an application for the retention of his name in the register, or (c) to
remove his name from the register, may
by notice in writing appeal to the Secretary of State within the period of twenty-eight
days beginning with the day on which notice of the decision was given in accordance
with this Part of this Act.
(2) A person who
is aggrieved by a decision of the Registrar— (a) to
refuse an application for the grant of a licence under this Part of this Act,
or (b) to
revoke such a licence, may
by notice in writing appeal to the Secretary of State within the period of fourteen
days beginning with the day on which notice of the decision was given in accordance
with this Part of this Act.
(3) On the appeal
the Secretary of State may make such order— (a) for
the grant or refusal of the application or, (b) for
the removal or the retention of the name in the register, or the revocation or
continuation of the licence, (as
the case may be) as he thinks fit.
(4) An
order for such refusal, removal or revocation may direct that an application by
the appellant— (a) for
the grant of a licence under this Part of this Act, or (b) for
his name to be entered in the register, shall
not be entertained before the expiration of such period, not exceeding four years
beginning with the day on which the order is made, as may be specified in the
order.
(5) Schedule 3 to this Act has effect
in relation to an appeal under this section.
| | |
Examinations
and tests |
Examinations
and tests of ability to give driving instruction.
|
132.—(1) Regulations
may make provision with respect to— (a) the
nature of examinations of the ability of persons to give instruction in the driving
of motor cars and tests of continued ability and fitness to give such instruction,
and (b) evidence
of the results of such tests and examinations, and
generally with respect to such tests and examinations.
(2) In
particular, but without prejudice to the generality of subsection (1) above, the
regulations may make provision— (a) for
requiring a person submitting himself to any part of such an examination which
consists of a practical test, or to such a test of continued ability and fitness,
to provide a vehicle for the purposes of the test, being a vehicle in respect
of which such conditions as may be specified in regulations are complied with, (b) for
requiring a person applying to submit himself for any part of such an examination
to pay to the Registrar such fee as may be specified in the regulations in relation
to that part, and (c) for
requiring a person who desires to submit himself for any part of such an examination
to supply the Registrar with such particulars as the Secretary of State may determine. |
Review
of examinations.
|
133.—(1) On the application
of a person who has submitted himself for any part of an examination of ability
to give instruction in the driving of motor cars— (a) the
magistrates' court acting for the petty sessions area in which he resides, or (b) in
Scotland, the sheriff within whose jurisdiction he resides, may
determine whether that part of the examination was properly conducted in accordance
with regulations.
(2) If it appears to the
court or sheriff that that part of the examination was not so conducted, the court
or sheriff may order that any fee payable by the applicant in respect of that
part shall not be paid or, if it has been paid, shall be repaid.
(3) 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.
| | |
General
and supplemental |
Power
to alter conditions for entry or retention in, and removal from, register and
for grant or revocation of licences.
|
134. Regulations
may— (a) alter
or add to the conditions as to which the Registrar is required by this Part of
this Act to be satisfied for the entry of a name in the register, the retention
of a name in the register, the removal of a name from the register, the grant
of a licence and the revocation of a licence, or omit any of those conditions, (b) alter
the period at the expiration of which a person's name which is entered or retained
in the register after the coming into force of the regulation must, unless retained
or further retained, be removed from the register. |
Power
to prescribe form of certificate of registration, etc.
|
135.—(1) Regulations
may prescribe all or any of the following— (a) a
form of certificate for issue to persons whose names are in the register as evidence
of their names' being in the register, (b) a
form of badge for use by such persons, and (c) an
official title for such use. (2) If
a person whose name is not in the register— (a) takes
or uses a title prescribed under this section, or (b) wears
or displays a badge or certificate so prescribed, or (c) takes
or uses any name, title, addition or description implying that his name is in
the register, he
is guilty of an offence unless he proves that he did not know, and had no reasonable
cause to believe, that his name was not in the register at the material time.
(3) If
a person carrying on business in the provision of instruction in the driving of
motor vehicles— (a) uses
a title or description so prescribed in relation to any person employed by him
whose name is not in the register, or (b) issues
any advertisement or invitation calculated to mislead with respect to the extent
to which persons whose names are in the register are employed by him, he
is guilty of an offence unless he proves that he did not know, and had no reasonable
cause to believe, that the name or names in question were not in the register
at the material time. |
Surrender
of certificates and licences.
|
136. Where—
(a) the
name of a person to whom a certificate prescribed under section 135 of this Act
has been issued is removed from the register in pursuance of this Part of this
Act, or (b) a
licence granted under this Part of this Act to a person expires or is revoked, that
person must, if so required by the Registrar by notice in writing, surrender the
certificate or licence, as the case may be, to the Registrar within the period
of fourteen days beginning with that on which the notice is given and, if he fails
to do so, he is guilty of an offence. |
Production
of certificates and licences to constables and authorised persons.
|
137.—(1) A person
to whom a certificate prescribed under section 135 of this Act is issued, or to
whom a licence under this Part of this Act is granted, must, on being so required
by a constable or any person authorised in writing by the Secretary of State in
that behalf, produce the certificate or licence for examination.
(2) Where—
(a) the
name of a person is removed from the register, or (b) a
licence granted under this Part of this Act to a person expires or is revoked, then,
if that person fails to satisfy an obligation imposed on him by section 136 of
this Act, a constable or a person authorised in writing by the Secretary of State
in that behalf may require him to produce any such certificate issued to him or
the licence, and upon its being produced may seize it and deliver it to the Registrar.
(3) A
person who is required under subsection (1) or (2) above to produce a document
and fails to do so is, subject to subsection (4) below, guilty of an offence.
(4) In
proceedings against any person for an offence under subsection (3) above, it shall
be a defence for him to show that— (a) within
seven days beginning with the day following that on which the production of the
document was so required, it was produced— (i) where
the requirement was made by a constable, at a police station specified at the
time the production was required by the person required to produce the document, (ii) where
the requirement was made by a person other than a constable, at a place specified
at that time by that person, or (b) the
document was produced at that police station or, as the case may be, place as
soon as was reasonably practicable, or (c) it
was not reasonably practicable for it to be produced at that police station or,
as the case may be, place before the day on which the proceedings were commenced, and
for the purposes of this subsection the laying of the information or, in Scotland,
the service of the complaint on the accused shall be treated as the commencement
of the proceedings. |
Offences
by corporations.
|
138. Where
a body corporate is guilty of an offence under this Part of this Act and the offence
is proved to have been committed with the consent or connivance of, or to be attributable
to neglect on the part of, a director, manager, secretary or other similar officer
of the body corporate, or a person who was purporting to act in any such capacity,
he, as well as the body corporate, is guilty of that offence and liable to be
proceeded against and punished accordingly. |
Service
of notices.
|
139.—(1) A notice
authorised or required to be given by this Part of this Act to a person may be
given by delivering it to him, or by leaving it at his proper address, or by sending
it to him by post.
(2) For the purposes of
this section and of section 7 of the Interpretation Act 1978 [1978 c. 30.]
in its application to this section, the proper address of a person shall be, in
the case of a person whose name is included in the register, his address on the
register, and in any other case, his usual or last known address. |
Receipts.
|
140. Any
sums received on account of fees payable by virtue of any provision of this Part
of this Act shall be paid into the Consolidated Fund. |
Regulations.
|
141. The
Secretary of State may make regulations for any purpose for which provision is
by this Part of this Act authorised to be made by regulations, and in this Part
of this Act "regulations" means regulations made under this section. |
Index
to Part V.
|
142. The
expressions listed in the left-hand column below are respectively defined or (as
the case may be) fall to be construed in accordance with the provisions of this
Part of this Act listed in the right-hand column in relation to those expressions.
| Expression
| Relevant
provision | | Current
licence | Section
123 (7) | | The
register | Section
123 | | The
Registrar | Section
125 (2) | | Regulations | Section
141 |
| |
