OpenLegislation

Regulation 10 Motor car to be provided for practical part of examinationI1

Northern Ireland

(1)

A candidate for the instructional ability and fitness test shall provide, at his own expense, a motor car for the purposes of that test, in respect of which the following conditions are satisfied.

(2)

The vehicle must have four wheels and be either—

(a)

constructed solely for the carriage of passengers and their effects and fitted with a rigid roof, with or without a sliding panel; or

(b)

a dual purpose vehicle as defined in Article 2(2) of the Order of 1981.

(3)

F1Subject to paragraph (3A), the motor car must—

(a)

have a readily adjustable driving seat and a seat for a forward-facing front passenger;

(b)

have a steering wheel on its off-side;

(c)

be provided with a means whereby the driver may, independently of the use of the accelerator or the brakes, gradually vary the proportion of the power being produced by the engine which is transmitted to the road wheels;

(d)

have fitted for use with the driver’s seat and front passenger seat a properly anchored and functioning three-point seat belt;

(e)

have fitted as an integral part of the front passenger seat a head restraint which satisfies the requirements of Council Directive 78/932/EECf1, and be fitted with head restraints on the driver’s seat and the forward facing front seats;

(f)

in the case of a vehicle with forward facing seats behind the driver’s seat an inertia reel belt for one of those seats nearest either side of the vehicle and a three point belt, a lap belt, a disabled person’s belt or a child restraint for at least one other of those seats;

(g)

be fitted with an interior rear-view mirror providing adequate rearward vision from the front passenger seat; and

(h)

be otherwise suitable for the purposes of the test.

F2(3A)

The requirements in paragraph (3)(c) shall not apply where the Registrar is satisfied that the candidate has a disabled person’s limited driving licence.

(4)

In the case of a vehicle provided for the purposes of an instructional ability and fitness test, there must be in force in relation to the use of the vehicle a policy of insurance that—

(a)

complies with the requirements of Article 92 of the Order of 1981 in relation to the candidate as driver of the vehicle;

(b)

complies with the requirements of that Article in relation to the examiner as the driver of the vehicle; and

(c)

insures the examiner as the driver of the vehicle in respect of liability for damage to the vehicle during the test,

and throughout the test there shall be displayed in a conspicuous manner on the front and on the back of the vehicle distinguishing marks in the form referred to in regulation 12(1)(b) of the Motor Vehicles (Driving Licences) Regulations (Northern Ireland) 1996.

F3(5)

In this regulation—

  • “disabled person’s limited driving licence” means a licence of one of the following kinds—

    1. (a)

      a licence to drive a vehicle granted under Part II of the Order of 1981 (not being a provisional licence within the meaning of Part II of that Order) which is limited, by virtue of a notice served under Article 9(5)(b) of that Order, to a motor vehicle equipped with automatic transmission;

    2. (b)

      a licence to drive a vehicle granted under Part III of the Road Traffic Act 1988 (not being a provisional licence with the meaning of Part III of that Act) which is limited , by virtue of a notice served under section 92(5)(b) of that Act, to a motor vehicle equipped with automatic transmission: and

    3. (c)

      a community licence authorising the driving of a motor vehicle which is similarly limited by virtue of any corresponding provision of the law under which it was issued and a counterpart of that licence.

Annotations

Textual amendments

F1

Words in reg. 10(3) substituted (28.2.2015) by The Motor Vehicles (Driving Instruction) (Trainee Licence) (Amendment) Regulations (Northern Ireland) 2015 (S.R. 2015/4), regs. 1, 2(3)(a)

F2

Reg. 10(3A) inserted (28.2.2015) by The Motor Vehicles (Driving Instruction) (Trainee Licence) (Amendment) Regulations (Northern Ireland) 2015 (S.R. 2015/4), regs. 1, 2(3)(b)

F3

Reg. 10(5) added (28.2.2015) by The Motor Vehicles (Driving Instruction) (Trainee Licence) (Amendment) Regulations (Northern Ireland) 2015 (S.R. 2015/4), regs. 1, 2(3)(c)

Commencement

I1

Reg. 10 in operation at 2.8.2010, see reg. 1

Footnotes

f1

Council Directive of 16 October 1978 on the approximation of laws relating to head restraints of seats of motor vehicles (O.J. No. L325,20.11.78, p.1)