Regulation 2 InterpretationI1

In these Regulations—

• F1“approved driving instructor” and “approved motorcycle instructor” means a person whose name is F2registered in Part 1 of the register;

• F3“certificate” means a document issued to an approved driving instructor, an approved motorcycle instructor, an EU temporary driving instructor or an EU temporary motorcycle instructor as evidence of registration as shown in Part I or Part II of Schedule 5;

• “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 an EEA State;

  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; or

  3. (c)

     a document issued for a purpose corresponding to that mentioned in Article 13(2) of the Road Traffic (Northern Ireland) Order 1981;

• “continued ability and fitness test” means the test of continued ability and fitness to give instruction in the driving of motor cars F4or the riding of motorcycles referred to in regulation 4(2) and the nature and content of which is prescribed in regulation 13;

• “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 9;

• F5“EU temporary driving instructor” and “EU temporary motorcycle instructor” mean a person who is registered in Part 2 of the register;

• F6“examination” means the examination of ability to give instruction in the driving of or the riding of the relevant vehicle category and for the purposes of these Regulations shall consist of the theory and hazard perception test, the driving ability and fitness test or the riding ability and fitness test as the case may be 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;

• F7“home State” has the same meaning as in regulation 2(1) of the Regulations of 2015;

• “instructional ability and fitness test” means the practical test of ability and fitness to give instruction in the driving of motor cars F8or the riding of motorcycles referred to in the definition of “examination” and the nature of which is prescribed in regulation 10;

• “motor car” means a motor vehicle (other than an invalid carriage or motor cycle)—

  1. (a)

     which is not constructed or adapted to carry more than nine persons inclusive of the driver; F9...

  2. (b)

     which has a maximum gross weight not exceeding 3.5 tonnes; F10and

  3. (c)

     which is a vehicle of category B or category B+E as specified in column (2) of Schedule 1 to the Motor Vehicles (Driving Licences) Regulations (Northern Ireland) 1996;

• F11“motorcycle” means a mechanically propelled vehicle, not being an invalid carriage, with less than 4 wheels and the weight of which unladen does not exceed 410 kilograms;

• “relevant vehicle category” means the category of vehicle being either a motor car or motorcycle for which the applicant wishes to give instruction;

• “riding ability and fitness test” means the practical test of ability and fitness to ride a motorcycle referred to in the definition of “examination” and the nature of which is prescribed in regulation 9;

• “the Order of 1981” means the Road Traffic (Northern Ireland) Order 1981^f1;

• “the Order of 1996” means the Road Traffic Offenders (Northern Ireland) Order 1996^f2;

• “the Order of 2007” means the Road Traffic (Northern Ireland ) Order 2007^f3;

• F12“the register” means either the register of approved driving instructors, the register of approved motorcycle instructors, the register of EU temporary driving instructors or the register of EU temporary motorcycle instructors, as the case may be;

• “the Regulations of 2004” means the Motor Cars (Driving Instruction) Regulations (Northern Ireland) 2004^f4;

• F13“the Regulations of 2015” means the European Union (Recognition of Professional Qualifications) Regulations 2015;

• F14“the theory test” or “the theory and hazard perception test” means the theory and hazard perception test referred to in the definition of “examination” and the nature of which is prescribed in regulation 8; and

• “trainee licence” means a licence granted by the Department in accordance with regulations made under Article 135 of the Order of 1981 for the purpose of gaining experience in giving driving instruction for F15motor cars.

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

These Regulations shall apply to driving instruction in relation to motor cars F16and motorcycles.