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Section 133D Offences relating to giving by disabled person of paid driving instruction.F1F4C1

England, Wales and Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(F21)

This section applies to—

(a)

persons whose names are in the register, and

(b)

persons who hold licences under section 129 of this Act,

who have undergone emergency control assessments in accordance with a requirement imposed under section 125(2C) or 129(1B) or as mentioned in section 125(5)(a)(ii) or 129(5ZA)(a).

(2)

No person to whom this section applies shall give paid instruction in the driving of a motor car unless he is the holder of a current emergency control certificate.

(3)

No person to whom this section applies shall give, in any unauthorised motor car, paid instruction in the driving of a motor car.

(F33A)

Subsection (3) does not apply if the person to whom the instruction is given holds a full licence granted under Part 3 which is not limited by virtue of a notice served under section 92(5)(b).

(4)

Where instruction is given in contravention of this section—

(a)

the person by whom it is given, and

(b)

if that person is employed by another to give that instruction, that other, as well as that person,

is guilty of an offence.

(5)

In subsection (3) above “unauthorised motor car”, in relation to any person, means a motor car other than one which falls within the class of motor car specified in his current emergency control certificate and, where modifications are specified in that certificate, is modified in accordance with the specification.

Annotations

Textual amendments

F1

S. 133D inserted (9.9.1996) by 1993 c. 31, s. 5 ; S.I. 1996/1980, art. 2

F2

S. 133D(1) substituted (8.6.2015) by Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 27(2); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F3

S. 133D(3A) inserted (8.6.2015) by Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 27(3); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F4

Words in s. 133D heading omitted (8.6.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 27(4); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

Modifications

C1

S. 133D excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

Notes on Disabled persons: emergency control certificates, etc

Textual amendments

F1

Ss. 133A, 133B and cross-heading inserted (9.9.1996) by 1993 c. 31, s.3; S.I. 1996/1980, art. 2

F2

Words in s. 133A cross-heading omitted (8.6.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 24(7); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)