Explanatory note

These Regulations amend the Motor Cars (Driving Instruction) Regulations 2005 (S.I. 2005/1902) (“the 2005 Regulations”).

Regulation 7 of the 2005 Regulations is amended so that the candidate will be assessed on their ability to give effective instruction to a pupil during the instructional ability and fitness test, rather than the examiner playing the role of a pupil for the purposes of this test. The examiner is no longer responsible for choosing the subjects on which the candidate is to instruct the pupil. The list of subjects on which a pupil may be instructed has also been removed. The criteria on which the examiner assesses the candidate’s knowledge and ability to instruct is amended to be consistent with the criteria of the continued ability and fitness test set out in regulation 12(6). Both “pupil” and “candidate” have been defined for the purposes of regulation 7. A pupil may be either a provisional licence holder or a full licence holder who is receiving instruction from the candidate, but may not be an approved driving instructor or any person who is training to become an approved driving instructor and who has passed a driving ability and fitness test.

Regulation 8 of the 2005 Regulations is amended to ensure that the vehicle to be used for the instructional ability and fitness test is suitable for the requirements of this test. In addition to the driver’s seat, a seat belt and head restraint must also be fitted to the front passenger seat. A seat belt must also be fitted the rear seat of the vehicle. The policy of insurance in relation to the vehicle being used for the test must comply with the requirements of Part VI of the Road Traffic Act 1988 (third party liabilities).

Regulation 12 of the 2005 Regulations is amended so that a pupil undergoing a continued ability and fitness test may not be an approved driving instructor or any person who is training to become an approved driving instructor and who has passed a driving ability and fitness test.

Schedule 1 of the 2005 Regulations is amended to remove reversing round a corner as a manoeuvre which a candidate may be required to perform during the technical control of the vehicle part of the driving ability and fitness test.

A regulatory triage assessment of the effect that amending the instructional ability and fitness test will have on the costs of business and the voluntary sector is available from DVSA, The Axis Building, 112 Upper Parliament Street, Nottingham NG1 6LP. The regulatory triage assessment and the Explanatory Memorandum are published alongside this instrument on the UK legislation website, www.legislation.gov.uk.