Explanatory note
(This note is not part of the Regulations)
These regulations re-enact the Motor Cars (Driving Instruction) Regulations 1977 with modifications. In addition to minor and drafting amendments, they make the following changes of substance.
Under section 125 of the Road Traffic Act 1988 a person wishing to be entered in the register of approved driving instructors has to pass an examination in three parts, the parts being a written examination, a driving ability and fitness test and an instructional ability and fitness test. As before, these regulations require the candidate to pass the three parts in that order. Previously no more than 2 years could elapse between the passing of the written examination and the passing of the instructional ability and fitness test. Under regulation 3:
a person can pass the instructional ability and fitness test more than 2 years after he passed the written examination provided that his application to take the test is made within the 2 year period;
a candidate will fail the whole examination if he fails either the driving ability and fitness test or the instructional ability and fitness test more than twice (i.e. he will be allowed three attempts at each); and
a candidate who has passed the written examination (whether before or after these Regulations are made) will not be allowed to take that part of the examination again within the following 2 years.
Regulation 3 contains transitional provisions so that a person who has failed either of the practical tests mentioned above more than once before the 1st of December 1989 will, in any event, be allowed two further attempts. Furthermore, a test passed before that date will count as a pass however many previous attempts had been made.
As before, a candidate for the driving ability and fitness test or the instructional ability and fitness test has to provide a vehicle. Regulation 7(3) contains a new express requirement that the vehicle must be suitable for the purposes of the test.
Under section 125(5) of the 1988 Act, the entry of a person’s name in the register is subject to the condition that he will undergo a test of continued ability and fitness to give instruction. As before, the regulations require the person concerned to provide a motor car. Regulation 8 expressly requires the vehicle to be suitable for such a test.
Provision is made in section 129 of the 1988 Act for a licence to be issued to a person to enable him to acquire practical experience in giving instruction in driving motor cars with a view to undergoing the driving ability and fitness test. Regulation 9 adds conditions in respect of which the Registrar has to be satisfied before he can issue a licence. These new conditions reflect the changes made by regulation 3. In effect, to qualify for a licence the applicant must be in a position to pass the instructional ability and fitness test.
As before, licences are subject to the condition that instruction is given only from an establishment identified in the licence. Previously there was a further condition that if that establishment was a driving school the number of approved driving instructors employed there had to be equal to or exceeding the number of licences in which that establishment was identified. Regulation 11 modifies this condition so that:
it is not necessary for the approved driving instructors to be employed at the establishment so long as it is their principal place of work as driving instructors, and
the condition that there is such a ratio applies whether the establishment is a driving school or not.
Schedule 5 Part I revokes previous Regulations and Part II contains transitional provisions.