The Road Traffic (Northern Ireland) Order 2007

Conditions of registration N.I.

52.—(1) Where a person duly applies to be registered [F1 in Part 1 of the register] in respect of a description of driving instruction, the Registrar must register him [F2 in that Part] in respect of that description of driving instruction if he satisfies the Registrar that the conditions prescribed under this paragraph are fulfilled.

(2) In the case of applications by persons to be registered [F3 in Part 1 of the register] in relation to the giving of a description of driving instruction, those conditions may (in particular) include–

(a) conditions requiring the persons to have passed such examinations of ability and fitness to give driving instruction of that description as may be prescribed under Article 62;

(b) conditions requiring the persons to hold, or to have held for a prescribed period, such licences to drive motor vehicles of a prescribed description as may be prescribed; and

(c) conditions requiring the persons not to have been disqualified during a prescribed period under prescribed provisions for holding or obtaining a licence to drive motor vehicles.

[F4 (2A) Where a person submits to the Registrar, or to the appropriate officer under the 1988 Act, a declaration in accordance with regulations 15 and 16 of the Regulations of 2015 in respect of any description of driving instruction that entitles the person pursuant to Part 2 of those Regulations to give paid driving instruction in the United Kingdom on a temporary and occasional basis—

(a) the Registrar must register him in Part 2 of the register in respect of that description of driving instruction; and

(b) until the Registrar has complied with sub-paragraph (a), the person is to be treated for the purposes of Articles 48 and 70 of this Order as being in Part 2 of the register.

(2B) In paragraph (2A), “appropriate officer under the 1988 Act” means the officer referred to in section 125(2) of the Road Traffic Act 1988.]

(3) A person may be registered in respect of a description of driving instruction subject to fulfilling the conditions prescribed under this paragraph for so long as he continues to be so registered.

(4) In the case of registration of persons in relation to the giving of a description of driving instruction, those conditions may (in particular) include–

(a) conditions requiring the persons, if at any time required to do so by the Registrar, to submit themselves for such examinations of continued ability and fitness to give driving instruction of that description as may be prescribed under Article 62;

(b) conditions requiring the persons to have passed those examinations;

(c) conditions within paragraph (2)(b) and (c); and

(d) conditions requiring the persons to follow guidance issued by the Registrar as to the giving of driving instruction of that description.

(5) In the case of the registration of persons in relation to the carrying on of business in the provision of a description of driving instruction, those conditions may (in particular) include–

(a) conditions requiring the person to secure that motor vehicles and premises used by them in the carrying on of the business meet prescribed standards throughout the period of registration;

(b) conditions requiring the persons, if at any time required to do so by the Registrar, to allow those motor vehicles and premises to be inspected; and

(c) conditions requiring the persons to follow guidance issued by the Registrar as to the carrying on of business in the provision of driving instruction of that description.

(6) The conditions prescribed under paragraph (1) or (3) may (in particular) include a condition that persons are fit and proper persons to be, or to continue to be, registered.

(7) Regulations may include provision for persons of a prescribed description to be exempt from any condition, to such extent as is prescribed, in prescribed circumstances.

Textual Amendments

F1 Words in art. 52(1) 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), 3(6)(a)(i)

F2 Words in art. 52(1) 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), 3(6)(a)(ii)

F3 Words in art. 52(2) 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), 3(6)(b)

F4 Art. 52(2A)-(2B) 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), 3(6)(c)

Commencement Information

I1 Art. 52 in operation at 2.8.2010 by S.R. 2010/226, art. 2, Sch.(as amended by S.R. 2012/337, art. 2(a))