The Motor Cars (Driving Instruction) (Amendment) Regulations 1996
S.I. 1996/1983 · Made 23 July 1996
Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.
ROAD TRAFFIC
Made 23rd July 1996
Laid before Parliament 5th August 1996
Coming into force 9th September 1996
The Secretary of State for Transport, in exercise of the powers conferred by sections 123(2)(a), 125(3), 125A(5), 125A(6)(a), 125B(6), 127(2), 129(2) and (5), 132(2)(a) and (b), 133B(2), 135(1)(a) and (c) and 141 of the Road Traffic Act 1988f1, and the Department of Transport (Fees) Order 1988f2, and of all other powers enabling him in that behalf, hereby makes the following Regulations: —
Annotations to the whole text
Footnotes
f1
1988 c. 52. Part V is amended by the Road Traffic (Driving Instruction by Disabled Persons) Act 1993 (c. 31) which comes into force on 9th September 1996 by virtue of the Road Traffic (Driving Instruction by Disabled Persons) Act 1993 (Commencement) Order 1996 (S.I. 1996/1980 (C.43)).
for the definition of “continued ability and fitness test” there shall be substituted the following definition —
““continued ability and fitness test” means the test of continued ability and fitness to give instruction in the driving of motor cars or appropriate motor cars referred to respectively in sections 125(5) and 125B(6)(b) of the Act and the nature of which is prescribed in regulation 8;”;
and
(b)
in the definitions of “driving ability and fitness test”, “examination”, “instructional ability and fitness test” and “written examination” for “section 125(3)(a)” there shall be substituted “sections 125(3)(a) and 125A(6)(a)”.
for the words “The vehicle must —” there shall be substituted the words “Subject to paragraph (3A) below, the vehicle must —”;
(b)
the word “and” immediately following sub-paragraph (c) shall be omitted; and
(c)
after sub-paragraph (c) there shall be inserted the following sub-paragraph —
“(cc)
in the case of the instructional ability and fitness test, be capable of being driven by the examiner; and”.
(3)
After paragraph (3) there shall be inserted the following paragraph —
“(3A)
In the case of a vehicle provided by a candidate who fulfils the conditions mentioned in section 125A(1)(a) and (b) of the Act, paragraph (3)(c) above shall not apply.”.
For regulation 12 there shall be substituted the following regulation —
“12
(1)
A licence granted by virtue of section 129(2)(a) of the Act shall be in the form set out in, and contain the particulars required by, Part I of Schedule 2 to these Regulations.
(2)
A licence granted by virtue of section 129(2)(b) of the Act shall be in the form set out in, and contain the particulars required by, Part II of Schedule 2 to these Regulations.”.
For regulation 14 there shall be substituted the following regulation —
“14
(1)
The official title for use by persons whose names are in the register shall be “Department of Transport Approved Driving Instructor”.
(2)
The certificate for issue to persons whose names are in the register by virtue of section 125(3) of the Act, as evidence of their names being therein, shall be in the form set out in Part I of Schedule 3 to these Regulations.
(3)
The certificate for issue to persons whose names are in the register by virtue of section 125A(5) of the Act, as evidence of their names being therein, shall be in the form set out in Part II of Schedule 3 to these Regulations.”.
For paragraph (3) there shall be substituted the following paragraph —
“(3)
The prescribed form of certificate for the purposes of section 123(2) is —
(a)
in the case of persons whose names are in the register by virtue of section 125(3) of the Act, a certificate in the form set out in Part I of Schedule 3 to these Regulations; and
(b)
in the case of persons whose names are in the register by virtue of section 125A(5) of the Act, a certificate in the form set out in Part II of Schedule 3 to these Regulations.”.
After regulation 16 there shall be inserted the following regulation —
“Emergency control assessments
16A
The period prescribed for the purposes of sections 125B(6)(a) and 133B(2) shall be the period of four months beginning with the date on which written notice is given to a person of the Registrar’s decision to require him to submit himself for a further emergency control assessment.”.
The Road Traffic (Driving Instruction by Disabled Persons) Act 1993, which comes into force on 9th September 1996, amends Part V of the Road Traffic Act 1988 (“the 1988 Act”) so as to make provision for enabling persons with certain physical disabilities to be authorised, in certain circumstances, to give paid instruction in the driving of motor cars.
As a consequence of this, these Regulations further amend the Motor Cars (Driving Instruction) Regulations 1989 (“the 1989 Regulations”).
Without making any changes to the nature of either the examination or the continued ability and fitness test, as prescribed in Parts II and III of the 1989 Regulations, regulation 3 amends regulation 2 of the 1989 Regulations so as to prescribe the same examination and test for those who are or are seeking to become registered disabled instructors, as for other instructors.
Regulation 4 amends regulation 7 of the 1989 Regulations as it applies to those seeking to become registered disabled instructors by removing the requirement for a candidate for the practical part of the examination to provide a vehicle which has a manual transmission. The opportunity has also been taken to make it clear that any candidate for the instructional ability and fitness test must provide a vehicle that is capable of being driven by the examiner.
Regulation 5 substitutes regulation 12 of the 1989 Regulations so as to prescribe a separate form of licence for those seeking to become registered disabled instructors.
Without making any changes to the level of fees, regulation 6 substitutes the Table of fees set out in regulation 13 of the 1989 Regulations. These fees will apply to all those whose names are or are sought to be entered in the Register.
Regulation 7 substitutes regulation 14 of the 1989 Regulations so as to prescribe a separate form of certificate of registration for registered disabled instructors.
Regulation 8 amends regulation 16 so as to prescribe a separate form of certificate of registration for registered disabled instructors for the purpose of provisions relating to the fixing and exhibiting of such certificates on motor cars.
The new section 133A of the 1988 Act enables a person, seeking to become a registered disabled instructor, to undergo an assessment of whether he would be able to take control of a motor car if an emergency arose while he was giving instruction in it. Such an assessment is referred to as an emergency control assessment. In a case where the Registrar requires a person to submit himself for a further emergency control assessment, the day specified by the Registrar for this purpose must, by virtue of regulation 9, be within four months of the date on which he gives that person written notice of his decision.
