Regulation 4 RegistrationI1

Northern Ireland

(1)

F1The conditions prescribed under Article 52(1) of the Order of 2007 for registration in Part 1 of the register are—

(a)

that he has passed the examination F2for the relevant vehicle category;

(b)

that application is made within one year of passing the examination for the relevant vehicle category;

(c)

that he is the holder of a current licence of one of the following kinds, that is to say—

(i)

a current licence to drive F3the relevant vehicle category granted under Article 13(1) of the Order of 1981^f1;

(ii)

a current licence to drive the relevant vehicle category granted under the corresponding law in force in Great Britain; or

(iii)

a Community licence by which he is authorised to drive the relevant vehicle category in Northern Ireland,

and that, during the period of six years ending with the day on which the application is made, one or more of the following requirements have been satisfied in relation to him for the periods amounting in the aggregate to at least four years—

(aa)

he has held a current licence of one of the kinds aforesaid,

(bb)

after having passed the test of competence prescribed under Article 5(1) of the Order of 1981 or, as the case may be, the law for the time being in force in Great Britain corresponding to that Article, to drive a motor vehicle, he has held a current provisional licence to drive a motor vehicle,

(cc)

he has held a current foreign licence, that is to say, a document issued under the law of a country or territory other than an EEA state (within the meaning of the Order of 1981) authorising the holder to drive a motor vehicle in that country;

(d)

that he has not, during any part of the period of four years ending with the day on which the application is made, been disqualified under Article 35 or 41 of the Order of 1996 from holding or obtaining a licence granted under Article 13(1) of the Order of 1981 or under the corresponding law in Great Britain; F4...

F5(e)

that he has provided the Department with a signed declaration stating that he is able to safely take control of the motor car if an emergency situation arises;

(f)

that he follows the guidance issued by the Registrar listed in Schedule 7; and

(g)

apart from the fulfilment of the foregoing conditions that he is a fit and proper person to have his name entered in the register.

F6(1A)

Where the Registrar is satisfied that a person who has applied under Article 52(1) of the Order of 2007 for registration in Part 1 of the register is entitled to give paid instruction in any description of driving instruction by virtue of Part 3 of the Regulations of 2015, regulation 4(1)(a) and (b) shall not apply in relation to the applicant.

(2)

The entry or retention of a person’s name in the register shall be subject to the condition that so long as the name is therein that person will, if at any time so required by the Registrar, undergo a practical test of his continued ability and fitness to give instruction in the driving of motor cars F7or in the riding of motorcycles as set out in regulation 13.

F8(3)

Where the examination referred to in paragraph (1)(a) has been passed in a vehicle with an automatic transmission, instruction can only be given in vehicles fitted with an automatic transmission.

Annotations

Textual amendments

F1: Words in reg. 4(1) substituted (31.7.2017) by The Driving and Motorcycle Instructors (Recognition of European Professional Qualifications) Regulations (Northern Ireland) 2017 (S.R. 2017/117), regs. 1(1), 6(4)(a)
F2: Words in reg. 4(1)(a)(b) inserted (29.11.2010) by The Motor Vehicles (Driving Instruction) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/367), regs. 1, 2(4)(a)
F3: Words in reg. 4(1)(c)(i)(ii)(iii) substituted (29.11.2010) by The Motor Vehicles (Driving Instruction) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/367), regs. 1, 2(4)(b)
F4: Word in reg. 4(1) omitted (28.2.2015) by virtue of The Motor Vehicles (Driving Instruction) (Amendment) Regulations (Northern Ireland) 2015 (S.R. 2015/5), regs. 1, 2(4)(a)(i) (with reg. 3)
F5: Reg. 4(1)(e)-(g) substituted for reg. 4(1)(e) (28.2.2015) by The Motor Vehicles (Driving Instruction) (Amendment) Regulations (Northern Ireland) 2015 (S.R. 2015/5), regs. 1, 2(4)(a)(ii) (with reg. 3)
F6: Reg. 4(1A) inserted (31.7.2017) by The Driving and Motorcycle Instructors (Recognition of European Professional Qualifications) Regulations (Northern Ireland) 2017 (S.R. 2017/117), regs. 1(1), 6(4)(b)
F7: Words in reg. 4(2) inserted (29.11.2010) by The Motor Vehicles (Driving Instruction) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/367), regs. 1, 2(4)(c)
F8: Reg. 4(3) added (28.2.2015) by The Motor Vehicles (Driving Instruction) (Amendment) Regulations (Northern Ireland) 2015 (S.R. 2015/5), regs. 1, 2(4)(b) (with reg. 3)

Commencement

I1: Reg. 4 in operation at 2.8.2010, see reg. 1

Footnotes

f1: S.I. 1981/154 (N.I. 1) Article 13(1) as amended by S.I. 1991 (N.I. 3), S.R. 1996 No.426, S.I. 2003 (N.I. 16), 1998 (N.I. 7), 2003 (N.I. 16) and S.R. 2002 No. 374