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Royal ArmsRoad Traffic Act 1988 (c. 52) 1988 c. 52Road Traffic Act 1988 (c. 52)
1988 Chapter c. 52

Road Traffic Act - Part 5 - Driving Instruction


Part 5

Driving Instruction Instructors to be registered or licensed


Registration
Licences Appeals
Examinations and tests General and supplemental
ARRANGEMENT OF SECTIONS
Part 1 - Road Safety Provisions Part 4 - Heavy Goods VehiclesPart 2 - Use of Vehicles and EquipmentPart 5 - Driving InstructionPart 3 - Licensing of Drivers of VehiclesPart 6 - Third-Party Liabilities


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—
    (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—     (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.


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—
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—
    (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—
    (4) At any time when a person who held a current licence of one of the following kinds, that is— 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—
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—
    (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—
    (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—
    (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—

Removal of names from register.


        128.—(1) The Registrar may remove the name of a person from the register if he is satisfied that—
any of the following conditions was fulfilled in his case.

    (2) Those conditions are—
    (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—
    (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—


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—
    (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—
    (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—

Revocation of licences.


        130.—(1) The registrar may revoke a licence granted under section 129 of this Act—
    (2) The conditions referred to in subsection (1)(b) above are—     (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—
    (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—



Appeals
Appeals.


        131.—(1) A person who is aggrieved by a decision of the Registrar—
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—
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—
(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—
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—
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—

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—
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—

Power to prescribe form of certificate of registration, etc.


        135.—(1) Regulations may prescribe all or any of the following—
    (2) If a person whose name is not 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—
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—
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—
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—
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 licenceSection 123 (7)
The registerSection 123
The RegistrarSection 125 (2)
RegulationsSection 141


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