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Motor Cars (Driving Instruction) Regulations (Northern Ireland) 2004

S.R. 2004/179 · Made 9 April 2004 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 2 August 2010.

ROAD TRAFFIC AND VEHICLES

Made 9th April 2004

Coming into operation 5th May 2004

The Department of the Environment, in exercise of the powers conferred upon it by Articles 132(2), 135 and 218(1) of the Road Traffic (Northern Ireland) Order 1981f1 and all other powers enabling it in that behalf, and with the approval of the Department of Finance and Personnelf2 as regards regulation 25, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

S.I. 1981/154 (N.I. 1); see Article 2(2) for the definition of “the Department”

f2

Formerly the Department of Finance. see S.I. 1982/338 (N.I. 6) Art. 3

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: REGISTRATION
  5. 3Application for registration Repealed
  6. 4Register Repealed
  7. 5Registration Repealed
  8. 6Period of registration Repealed
  9. 7Renewal of registration Repealed
  10. 8Removal of names from the register Repealed
  11. Part 3: EXAMINATION OF ABILITY TO GIVE INSTRUCTION
  12. 9General provisions Repealed
  13. 10Theory test Repealed
  14. 11Driving ability and fitness test Repealed
  15. 12Instructional ability and fitness test Repealed
  16. 13Motor car to be provided for practical part of examination Repealed
  17. 14Further requirements at test Repealed
  18. Part 4: TEST OF CONTINUED ABILITY AND FITNESS TO GIVE INSTRUCTION
  19. 15Nature of test and provision of a motor car Repealed
  20. Part 5: TRAINEE LICENCE SCHEME
  21. 16Application for a licence Repealed
  22. 17Licence Repealed
  23. 18Refusal to grant a licence Repealed
  24. 19Duration of licence Repealed
  25. 20Form of licence Repealed
  26. 21Conditions subject to which licences are granted Repealed
  27. 22Revocation of licence Repealed
  28. Part 6: SUPPLEMENTARY
  29. 23Decisions Repealed
  30. 24Appeals Repealed
  31. 25Fees Repealed
  32. 26Repayment of fees Repealed
  33. 27Official title of registered person and certificate of registration Repealed
  34. 28Exemption from regulations Repealed
  35. 29Revocations and transitional provisions Repealed
  36. Signature
  37. Schedule 1Schedule 1 Repealed
  38. Schedule 2: RECORD OF INSTRUCTION GIVEN BY LICENCE HOLDER Repealed
  39. 1Paragraph 1 Repealed
  40. 2Paragraph 2 Repealed
  41. 3Paragraph 3 Repealed
  42. 4Paragraph 4 Repealed
  43. Schedule 3Schedule 3 Repealed
  44. Schedule 4Schedule 4 Repealed
  45. Schedule 5: REVOCATIONS AND TRANSITIONAL PROVISIONS
  46. Iregulations revoked
  47. Part II: transitional provisions
  48. 1Paragraph 1
  49. 2Paragraph 2
  50. Explanatory note

1Citation and commencementI1

F1These Regulations may be cited as the Motor Cars (Driving Instruction) Regulations (Northern Ireland) 2004 and shall come into operation on 5th May 2004.

2InterpretationI1

(F11)

In these Regulations –

  • “approved driving instructor” means a person whose name is entered in the register;

  • “community licence” means a document issued in respect of a member State other than the United Kingdom by an authority of that or another member State (including the United Kingdom) authorising the holder to drive a motor vehicle, not being –

    1. (a)

      a document containing a statement to the effect that that or a previous document was issued in exchange for a document issued in respect of a State other than a member State, or

    2. (b)

      a document in any of the forms for an international driving permit annexed to the Paris Convention on Motor Traffic of 1926, the Geneva Convention on Road Traffic of 1949 or the Vienna Convention on Road Traffic of 1968;

  • “continued ability and fitness test” means the test of continued ability and fitness to give instruction in the driving of motor cars referred to in regulation 5(3) and the nature and content of which is prescribed in regulation 15;

  • “Department” means the Department of the Environment;

  • “driving ability and fitness test” means the practical test of ability and fitness to drive referred to in the definition of “examination” and the nature of which is prescribed in regulation 11;

  • “examination” means the examination of ability to give instruction in the driving of motor cars and for the purpose of these Regulations shall consist of the test of driving theory and hazard perception, the driving ability and fitness test and the instructional ability and fitness test;

  • “examiner”, in relation to part of the examination or the continued ability and fitness test, means an officer of the Department appointed to conduct that part of the examination or that test;

  • “instructional ability and fitness test” means the practical test of ability and fitness to give instruction in the driving of motor cars referred to in the definition of “examination” and the nature of which is prescribed in regulation 12;

  • “the Order of 1981” means the Road Traffic (Northern Ireland) Order 1981;

  • “the Order of 1996” means the Road Traffic Offenders (Northern Ireland) Order 1996f1;

  • “the register” means the register of approved driving instructors referred to in Article 132(1) of the Order of 1981;

  • “the Registrar” means the officer of the Department by whom the register is, on behalf of the Department, compiled and maintained;

  • “theory test” means the test of driving theory and hazard perception referred to in the definition of “examination” the nature of which is prescribed in regulation 10; and

  • “trainee licence” means a licence to give driving instruction granted under Article 135(1) of the Order of 1981;

(2)

In these Regulations a reference to a part of the examination is a reference to one of the 3 parts of the examination set out in the definition of “examination” in paragraph (1).

3Application for registrationF1

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4RegisterF1

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5RegistrationF1

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6Period of registrationF1

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7Renewal of registrationF1

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8Removal of names from the registerF1

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9General provisionsF1

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10Theory testF1

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11Driving ability and fitness testF1

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12Instructional ability and fitness testF1

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13Motor car to be provided for practical part of examinationF1

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14Further requirements at testF1

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15Nature of test and provision of a motor carF1

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16Application for a licenceF1

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17LicenceF1

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18Refusal to grant a licenceF1

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19Duration of licenceF1

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20Form of licenceF1

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21Conditions subject to which licences are grantedF1

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22Revocation of licenceF1

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23DecisionsF1

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24AppealsF1

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25FeesF1

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26Repayment of feesF1

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27Official title of registered person and certificate of registrationF1

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28Exemption from regulationsF1

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29Revocations and transitional provisionsF1

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Signature

Sealed with the Official Seal of the Department of the Environment on 8th April 2004.

L.S.

Wesley Shannon

A senior officer of the

Department of the Environment

The Department of Finance and Personnel approves regulation 25.

Sealed with the Official Seal of the Department of Finance and Personnel on 9th April 2004.

L.S.

Michael Brennan

A senior officer of the

Department of Finance and Personnel

Schedule 1F1

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1F1

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2F1

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3F1

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4F1

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Schedule 3F1

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Schedule 4F1

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Iregulations revokedI1

TitleYear and Number
Motor Cars (Driving Instruction) Regulations (Northern Ireland) 1991S.R. 1991 No. 373
Motor Cars (Driving Instruction) (Amendment) Regulations (Northern Ireland) 1995S.R. 1995 No. 154
Motor Cars (Driving Instruction) (Amendment) Regulations (Northern Ireland) 2000S.R. 2000 No. 148
Motor Cars (Driving Instruction) (Amendment) Regulations (Northern Ireland) 2003S.R. 2003 No. 65

1I1

The enactments repealed by Part I shall continue to apply in relation to the conditions to which a licence granted pursuant to an application made before 5th May 2004 is subject and nothing in these Regulations shall affect those enactments in so far as they apply by virtue of this Part.

2I1

For the purposes of this Part an application shall not be regarded as having been made before 5th May 2004 unless the application is received by the Registrar before that date.

Explanatory note

(This note is not part of the Regulations.)

1

These Regulations consolidate with amendments the Motor Cars (Driving Instruction) Regulations (Northern Ireland) 1991 and the Regulations which amended them as specified in Schedule 5 to these Regulations.

2

The principal amendments are as follows –

(a)

a Community Licence which authorises its holder to drive a motor car in Northern Ireland is an acceptable licence for registration purposes (regulation 5(1)(c)(iii));

(b)

a person may have his name removed from the register of approved driving instructors if he fails to appear for the test of continued ability and fitness to give instruction on more than two occasions (regulation 8(1));

(c)

where a person has failed the theory test on his third attempt he shall not be eligible to take it again for a period of two years commencing on the date of the first attempt (regulation 9(3));

(d)

the test of driving technique shall, so far as possible, be conducted both on urban roads and on roads of different classes outside built-up areas (regulation 11(3));

(e)

in the test of driving ability the candidate taking the test of driving ability is required to demonstrate their ability to carry out activities relating to vehicle safety (regulation 11(4));

(f)

the vehicle used in the driving ability and fitness test or the instructional ability and fitness test must have appropriate seat belts fitted to the front and rear seats and be fitted with an interior rear view mirror providing adequate rearward vision from the front passenger seat. The vehicle must also have head restraints fitted and must have an additional interior rear view mirror which can be used from the passenger seat (regulation 13);

(g)

a person submitting himself for the driving ability and fitness test or the instructional ability and fitness test must produce an appropriate licence specified in regulation 5(1)(c) or photographic identification specified in Schedule 4 (regulation 14);

(h)

a candidate failing to pass the continued ability and fitness test shall be required to undergo a further such test within fourteen weeks from the date of that failure (regulation 15(7));

(i)

additional conditions to be satisfied for the grant of a licence are imposed; namely that an applicant should have passed the theory test and the driving ability and fitness test and not failed the instructional ability and fitness test on two occasions in order to be granted a licence (regulation 17);

(j)

a new condition is imposed subject to which a licence may be granted, namely that the record of one fifth supervision be maintained for the entire six month period of the trainee licence (but not a substitute licence) (regulation 21); and

(k)

new provision is made relating to the repayment of fees under certain circumstances (regulation 26).