xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

Part VE+W+S Driving Instruction

Instructors to be registered or licensedE+W+S

123 Driving instruction for payment to be given only by registered or licensed persons.E+W+S

(1)No paid instruction in the driving of a motor car shall be given unless—

(a)the name of the person giving the instruction is in [F1Part 1 of] the register of approved instructors established in pursuance of section 23 of the M1Road Traffic Act 1962 (in this Part of this Act referred to as “the register”) [F2and the registration is not suspended] ,F3...

[F4(aa)the name of the person giving the instruction is in Part 2 of the register, the registration is not suspended and the instruction is being given in accordance with a right conferred by Part 2 of the European Union (Recognition of Professional Qualifications) Regulations 2015 (S.I. 2015/2059), or]

(b)the person giving the instruction is the holder of a current licence granted under this Part of this Act authorising him to give such instruction.

(2)No paid instruction in the driving of a motor car shall be given unless there is fixed to and exhibited on that motor car in such manner as may be prescribed by regulations either—

(a)a certificate in such form as may be so prescribed that the name of the person giving the instruction is in the register, or

(b)a current licence granted under this Part of this Act authorising the person giving the instruction to give such instruction.

(3)For the purposes of subsections (1) and (2) above, instruction is paid instruction if payment of money or money’s worth is, or is to be, made by or in respect of the person to whom the instruction is given for the giving of the instruction and for the purposes of this subsection instruction which is given—

(a)free of charge to a person who is not the holder of a current licence to drive a motor vehicle granted under Part III of this Act (other than a provisional licence),

(b)by, or in pursuance of arrangements made by, a person carrying on business in the supply of motor cars, and

(c)in connection with the supply of a motor car in the course of that business,

shall be deemed to be given for payment of money by the person to whom the instruction is given.

(4)Where instruction is given in contravention of subsection (1) above—

(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 proceedings against a person for an offence under subsection (4) above it shall be a defence for him to prove that he did not know, and had no reasonable cause to believe, that his name or, as the case may be, that of the person employed by him, was not in the register at the material time [F5, or (as the case may be) that the registration was at that time suspended] .

(6)If instruction is given in contravention of subsection (2) above, the person by whom it is given is guilty of an offence.

[F6(6A)A person is not guilty of an offence under subsection (6) if—

(a)the person proves that the instruction was given in accordance with a right conferred on the person by Part 2 of the European Union (Recognition of Professional Qualifications) Regulations 2015 (S.I. 2015/2059), and

(b)the person had not received the certificate mentioned in subsection (2)(a).]

(7)Any reference in this Part of this Act to a current licence [F7or certificate] is a reference to a licence [F7or certificate] which has not expired and has not been cancelled, revoked or suspended.

[F8(8)In this Part of this Act—

124 Exemption of police instructors from prohibition imposed by section 123.E+W+S

(1)Section 123(1) and (2) of this Act does not apply to the giving of instruction by a police instructor in pursuance of arrangements made by a chief officer of police or, under the authority of a chief officer of police, in pursuance of arrangements made by a local authority.

[F9(1A)Section 123(1) and (2) also does not apply to the giving of instruction by a [F10NCA instructor] in pursuance of arrangements made by the Director General of the [F11National Crime Agency] .

In this subsection “ [F12NCA] instructor” means [F13an NCA officer] whose duties consist of or include the giving instruction in the driving of motor cars to other [F14NCA officers] .]

(2)In this section—

F16(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F15S. 124(2): definitions of "chief officer of police", "police authority" and "police force" repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 174(2), 178, Sch. 4, para. 53(2), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13 (subject to art. 4(2)-(7))

Modifications etc. (not altering text)

C2S. 124 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

RegistrationE+W+S

125 The register of approved instructors.E+W+S

(1)The compilation and maintenance of the register shall continue by virtue of this Act.

[F17(1A)The register is to be in two Parts as follows—

(a)Part 1 is to contain the names of persons required to be entered in it by subsection (3) (persons who have satisfied the conditions specified in that subsection), and

(b)Part 2 is to contain the names of persons required to be entered in it by subsection (4A)(a) (persons entitled to give instruction on a temporary and occasional basis).] 

(2)An application for the entry of a person’s name in [F18either Part of] the register must be made, in manner determined by the Secretary of State, accompanied by particulars so determined, to the officer of the Secretary of State (in this Part of this Act referred to as “the Registrar”) by whom the register is, on behalf of the Secretary of State, compiled and maintained.

[F19(2A)If an applicant [F20for registration in Part 1 of the register] is aware that he is suffering from a relevant or prospective disability, his application under subsection (2) must be accompanied by written notification of the nature and extent of his disability.

(2B)Any person who fails without reasonable excuse to comply with the requirement imposed by subsection (2A) is guilty of an offence.

(2C)The Registrar may, in the circumstances mentioned in subsection (2D), require an applicant to submit himself for an emergency control assessment (whether or not the applicant [F21for registration in Part 1 of the register] already holds an emergency control certificate) in connection with his application under subsection (2).

(2D)Those circumstances are that the Registrar has reasonable grounds for believing that the person would be unable to take control of a motor car of a prescribed class if an emergency arose while he was giving driving instruction in such a motor car.]

(3)Where a person duly applies for the entry of his name in [F22Part 1 of] the register, the Registrar must, on payment of such fee, if any, as may be prescribed by regulations, enter his name in [F23that Part of] the register if he satisfies the Registrar that the following conditions are fulfilled in his case—

(a)he has passed such examination of ability to give instruction in the driving of motor cars (consisting of a written examination, a practical test of ability and fitness to drive and a practical test of ability and fitness to instruct) as may be so prescribed,

[F24(b)he is the holder of–

(i)a current licence to drive a motor car (not being a provisional licence) granted under Part III of this Act,

(ii)a current licence to drive a motor car (not being a licence corresponding to a provisional licence) granted under the law in force in Northern Ireland, or

(iii)[F25an] [F25EU] licence by which he is authorised to drive a motor car in Great Britain F26...,]

(c)during the period of six years ending with the day on which the application is made, the periods (if any) for which he did not hold one or more of the following licences, that is—

(i)a current licence of one of the kinds mentioned in paragraph (b) above, and

[F27(ii)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 Part III of this Act F28), authorising the holder to drive a motor car in that country or territory.]

did not amount in aggregate to more than two years,

(d)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 section 34 or 36 of the M2Road Traffic Offenders Act 1988 for holding or obtaining a licence to drive a motor vehicle granted under Part III of this Act, [F29and]

[F30(da)in the case of an applicant who has been required under subsection (2C) to submit himself for an emergency control assessment, he holds a current emergency control certificate, and]

(e)apart from fulfilment of the preceding conditions, he is a fit and proper person to have his name entered in the register.

[F31(3A)Where the Registrar is satisfied that a person who has applied under subsection (3) is entitled to give paid instruction in the driving of motor cars by virtue of Part 3 of the European Union (Recognition of Professional Qualifications) Regulations 2015 (S.I. 2015/2059)—

(a)the Registrar may not impose a requirement on the applicant under subsection (2C) if the Registrar is satisfied that the applicant holds a current certificate or other document that, under the law of the State that is the applicant’s home State for the purposes of those regulations, is of corresponding effect to an emergency control certificate, and

(b)subsection (3)(a) does not apply in relation to the applicant.]

(4)At any time when a person who held a current licence of one of the following kinds, that is—

(a)a licence to drive a motor car granted under Part III of this Act, being a provisional licence, and

(b)a licence to drive a motor car (being a licence corresponding to a provisional licence) granted under the law in force in Northern Ireland,

had passed the test of competence to drive a motor car prescribed by virtue of section 89(3) of this Act or the corresponding law in force in Northern Ireland, he shall be regarded for the purposes of paragraph (c) of subsection (3) above as having held a current licence of one of the kinds mentioned in paragraph (b) of that subsection.

[F32(4A)Where a person submits a declaration to the Registrar, or to the appropriate Northern Ireland officer, in accordance with regulations 15 and 16 of the European Union (Recognition of Professional Qualifications) Regulations 2015 (S.I. 2015/2059) that entitles the person to give paid instruction in the United Kingdom in the driving of a motor car on a temporary and occasional basis—

(a)the Registrar must enter the person’s name in Part 2 of the register, and

(b)until the Registrar has complied with paragraph (a), the person’s name is to be treated for the purposes of section 123(1)(aa), subsection (5)(b) of this section and section 135 as being in Part 2 of the register.

(4B)In subsection (4A) “appropriate Northern Ireland officer” means the officer referred to in Article 51(2) of the Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)).]

(5)The entry of a person’s name in the register shall be subject to the [F33following conditions—

(a)that, so long as his name is on the register, the person will, if at any time required to do so by the Registrar, submit himself for—

(i)such test of continued ability and fitness to give instruction in the driving of motor cars (which may consist of practical and other means of assessment) as may be prescribed;

(ii)an emergency control assessment (whether or not the person already holds an emergency control certificate) on the day (within such period as may be prescribed) and at the place specified by the Registrar; and

(b)that, so long as his name is on the register, if instruction in the driving of a motor car is to be given in circumstances where there is a reasonable expectation of an emergency arising which necessitates the instructor taking control of the motor car, the person will only give such instruction if he would be able to take control of the motor car if such an emergency arose while he was giving the instruction.]

[F34(5A)The Registrar may impose a requirement as mentioned in subsection (5)(a)(ii) only in the circumstances mentioned in subsection (2D).]

(6)Regulations may provide that persons of such class as may be specified in the regulations shall be exempt from the condition mentioned in subsection (3)(a) above as regards such part of the examination mentioned in that paragraph as may be so specified.

(7)If the Secretary of State is satisfied that satisfactory provision is made by the law of Northern Ireland for the establishment of a register containing the names of persons qualified under that law to give instruction in the driving of motor cars, a person who satisfies the Registrar—

(a)that his name is in the register established under that law, and

(b)that he is resident in Great Britain,

shall be exempt from the condition mentioned in subsection (3)(a) above.

[F35(7A)A person shall be exempt from the condition mentioned in subsection (3)(da) if—

(a)the Secretary of State is satisfied that satisfactory provision is made by the law of Northern Ireland for purposes corresponding to section 133A, and

(b)the person satisfies the Registrar that he holds a current certificate granted under that law which corresponds to an emergency control certificate granted under section 133A.]

(8)The Registrar must, on making a decision on an application under subsection (2) above, give notice in writing of the decision to the applicant which, in the case of a decision to refuse the application, must state the grounds for the refusal.

[F36(8A)Subsection (8B) applies if—

(a)a person undergoes an emergency control assessment in accordance with a requirement imposed under subsection (2C) or as mentioned in subsection (5)(a)(ii),

(b)the assessor refuses to grant the applicant an emergency control certificate, and

(c)as a result the person is not registered, or the person's name is removed from the register (as the case may be).

(8B)The person may not make a further application for registration before the end of—

(a)the period of 6 months beginning with the date of the emergency control assessment mentioned in subsection (8A)(a), or

(b)such other period as may be prescribed,

unless the Registrar is satisfied that there is good reason for permitting such an application before the end of that period.]

[F37(9)[F38Subsections (2) to (8) above do not apply in relation to an application by a person to have his name entered in the register as that of a disabled instructor and to his entry in the register as such.]]

[F39(10)In this Part of this Act[F40

Annotations:

Amendments (Textual)

F24S. 125(3)(b) substituted (1.4.1999) by S.I. 1999/357, reg. 2(2)(a)

F27S. 125(3)(c)(ii) substituted (1.4.1999) by S.I. 1999/357, reg. 2(2)(b)

F28See section 108(1), the relevant amendments being by the Driving Licences (Community Driving Licence) Regulations 1996 (S.I. 1996/1974).

F33S. 125(5)(a)(b) and words substituted for words (8.6.2015) by Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 17(4); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F37S. 125(9) substituted (9.9.1996) by 1993 c. 31, ss. 6, Sch. para. 3; S.I. 1996/1980, art. 2

F39S. 125(10) inserted (1.4.1999) by S.I. 1999/357, reg. 2(2)(c)

F40Words in s. 125(10) substituted (8.6.2015) by Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 17(9); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

Modifications etc. (not altering text)

C3S. 125 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

Marginal Citations

[F41125A Registration of disabled persons.E+W+S

[F42(1)A person who—

(a)suffers from a relevant disability or a prospective disability,

(b)holds a current disabled person’s limited driving licence, and

(c)holds a current emergency control certificate,

may apply to the Registrar for his name to be entered in the register as that of a disabled instructor.

(2)An application under subsection (1) above shall be made in such manner, and shall be accompanied by such particulars, as the Secretary of State may determine.

(3)If, at the time when he makes an application under subsection (1) above, a person is aware—

(a)that he is suffering from a relevant or prospective disability which he has not previously disclosed to the Secretary of State in making an application for his current emergency control certificate, or

(b)that a relevant or prospective disability from which he has at any time suffered (and which has been previously so disclosed) has become more acute since the granting of his current emergency control certificate,

his application under subsection (1) above must be accompanied by written notification of the nature and extent of his disability.

(4)Any person who fails without reasonable excuse to comply with the requirement imposed by subsection (3) above is guilty of an offence.

(5)Where a person duly applies for the entry of his name in the register as that of a disabled instructor and satisfies the Registrar that the conditions in subsection (6) below are fulfilled in his case, the Registrar must, subject to section 125B(4) of this Act, on payment of such fee, if any, as may be prescribed by regulations, enter the applicant’s name in the register with an indication that he is a disabled person.

(6)The conditions referred to in subsection (5) above are that—

(a)the applicant has passed such examination of ability to give instruction in the driving of motor cars (consisting of a written examination, a practical test of ability and fitness to drive and a practical test of ability and fitness to instruct) as may be prescribed by regulations,

(b)the conditions set out in paragraphs (c) and (d) of section 125(3) of this Act are fulfilled, and

(c)apart from the fulfilment of the preceding conditions, he is a fit and proper person to have his name entered in the register as that of a disabled instructor;

and for the purposes of paragraph (b) above, references in paragraphs (c) and (d) of subsection (3) of section 125 of this Act to the making of an application under subsection (2) of that section shall be read as references to the making of an application under subsection (1) above.

(7)Regulations may provide that persons of such class as may be specified in the regulations shall be exempt from the condition mentioned in paragraph (a) of subsection (6) above as regards such part of the examination mentioned in that paragraph as may be so specified.

(8)In this Part of this Act—

and any reference, in relation to a person, to the class of motor car covered by his disabled person’s limited driving licence is a reference to the class of motor car specified in the notice served on him under section 92(5)(b) of this Act but disregarding any modifications specified in the notice.]]

Annotations:

Amendments (Textual)

F41S. 125A inserted (9.9.1996) by 1993 c. 31, s. 1; S.I. 1996/1980, art. 2

F43Word “and" in definition of “disabled persons limited driving licence" in s. 125A(8)(a) omitted (1.4.1999) by virtue of 1999/357, reg. 2(3)(a)

F44S. 125A(8)(c) and preceding word “and" inserted (1.4.1999) by S.I. 1999/357, reg. 2(3)(b)

Modifications etc. (not altering text)

C6S. 125A excluded (23.6.1999) by S.I. 1999/1736, art. 8(2)(b)

[F46125BProvisions supplementary to section 125A.E+W+S

[F47(1)A person who fulfils the conditions mentioned in section 125A(1)(a) and (b) of this Act may, for the purpose of obtaining an emergency control certificate, apply to undergo an emergency control assessment.

(2)Regulations may specify modifications of a motor car as modifications which are to be required for a motor car to be an appropriate motor car for the purposes of this Part of this Act or as modifications which are not to be required for a motor car to be an appropriate motor car for those purposes.

(3)If the Secretary of State is satisfied—

(a)that the provision of the law of Northern Ireland required by section 125(7) for the operation of that subsection is made by that law, and

(b)that that law includes satisfactory provision for purposes corresponding to the purposes of section 125A of this Act,

a person who satisfies the Registrar of the matters mentioned in that subsection and that his name is in the register maintained under that law as that of a disabled instructor shall also be exempt from the conditions mentioned in subsection (1)(c) and (6)(a) of section 125A of this Act.

(4)The Registrar may refuse to enter the name of a person in the register under section 125A of this Act as that of a disabled instructor if he is satisfied that that person has at any time refused to comply with a requirement imposed under section 133B(2) of this Act to submit himself for a further emergency control assessment.

(5)The Registrar must, on making a decision on an application under section 125A of this Act, give notice in writing of his decision to the applicant which, in the case of a decision to refuse the application, must state the grounds for the refusal.

(6)The entry of a person’s name in the register as that of a disabled instructor shall be subject to the condition that, so long as he is a registered disabled instructor, he will, if at any time required to do so by the Registrar—

(a)submit himself for a further emergency control assessment on the day (within such period as may be prescribed by regulations) and at the place specified by the Registrar; or

(b)submit himself for such test of continued ability and fitness to give instruction in the driving of appropriate motor cars [F48(which may consist of practical and other means of assessment)] as may be prescribed by regulations.

(7)In considering whether to exercise, in respect of any person, his power under subsection (6)(a) above, the Registrar shall have regard to any recommendation included in that person’s current emergency control certificate as to the period after the end of which he should undergo a further emergency control assessment.]]

Annotations:

Amendments (Textual)

F46S. 125B inserted (9.9.1996) by 1993 c. 31, s. 1; S.I. 1996/1980, art. 2

F48Words in s. 125B(6)(b) inserted (1.4.2002) by 2000 c. 38, s. 260, Sch. 29 para. 8; S.I. 2002/658, art. 2(2), Sch. Pt. 2

126 Duration of registration.E+W+S

(1)Unless previously removed under the following provisions of this Part of this Act, the name of a person shall, subject to subsection (2) below, be removed from [F49Part 1 of] the register at the end of the period of four years beginning with—

(a)the first day of the month next after that in which the entry of his name was made, or

(b)where his name has been retained in the register under section 127 of this Act, the day with which the last further period for which his name was so retained began.

(2)If an application for the retention of his name in the register is made under section 127 of this Act before the end of that period, the name must not be removed except in pursuance of a decision of the Registrar having effect under that section.

(3)Where a person whose name has been removed from the register under subsection (1) above applies under section 125(2) of this Act for his name to be entered again in the register, he shall be required again to pass the examination mentioned in section 125(3)(a) of this Act unless the application is made before the end of the period of one year beginning with the end of the period of four years mentioned in subsection (1) above.

[F50(3A)Unless previously removed under the following provisions of this Part of this Act, the name of a person shall be removed from Part 2 of the register if the declaration or renewal under regulation 15 of the European Union (Recognition of Professional Qualifications) Regulations 2015 (S.I. 2015/2059) by virtue of which the name of the person was entered in the register is not renewed within one year of being made.]

[F51(4)[F52Where a registered disabled instructor whose name has been removed from the register under subsection (1) above applies under section 125A(1) of this Act for his name to be entered again in the register as that of a disabled instructor, he shall be required again to pass the examination mentioned in section 125A(6)(a) of this Act unless the application is made before the end of the period of one year beginning with the end of the period of four years mentioned in subsection (1) above.]]

127 Extension of duration of registration.E+W+S

(1)A person may, before the time when his name is required under section 126(1) of this Act to be removed from [F53Part 1 of] the register, apply to the Registrar, in manner determined by the Secretary of State, accompanied by particulars so determined, for the retention of his name in the register for a further period of four years.

(2)On an application under subsection (1) above, he shall be entitled, on payment of such fee, if any, as may be prescribed by regulations, to have his name retained in [F54Part 1 of] the register for that further period, if he satisfies the Registrar that the [F55relevant] conditions are fulfilled in his case.

(3)[F56[F57Except in the case of a registered disabled instructor,] the relevant conditions are]

(a)that he has not refused to undergo any [F58such test or assessment as is mentioned in section 125(5)(a)(i) or (ii)] of this Act which he has been required to undergo during the period of four years ending with the time when his name is required under section 126(1) of this Act to be removed from the register,

(b)that his ability and fitness to give instruction in the driving of motor cars continue, having regard to any such test or tests which he has undergone during that period, to be of a satisfactory standard,

(c)that he is the holder of a current licence of one of the kinds mentioned in section 125(3)(b) of this Act,

(d)that he has not during any part of that period been disqualified under section 34 or 36 of the M3Road Traffic Offenders Act 1988 for holding or obtaining a licence to drive a motor vehicle granted under Part III of this Act, [F59and]

[F60(da)that, in the case of a person who—

(i)when he applied to be registered, was required under section 125(2C) to submit himself for an emergency control assessment, or

(ii)at any time during the period mentioned in paragraph (a) was required as mentioned in section 125(5)(a)(ii) to submit himself for such an assessment,

he holds a current emergency control certificate, and]

(e)that, apart from fulfilment of the preceding conditions, he continues to be a fit and proper person to have his name entered in the register.

[F61(3A)[F62In the case of a registered disabled instructor, the relevant conditions are—

(a)that he holds a current emergency control certificate,

(b)that he has not refused to undergo—

(i)any such assessment as is mentioned in section 125B(6)(a) of this Act, or

(ii)any such test as is mentioned in section 125B(6)(b) of this Act,

which he has been required to undergo during the period of four years ending with the time when his name is required under section 126(1) of this Act to be removed from the register,

(c)that his ability and fitness to give instruction in the driving of motor cars continue, having regard to any such test or tests of the kind mentioned in section 125B(6)(b) of this Act which he has undergone during that period, to be of a satisfactory standard,

(d)that he is the holder of a current disabled person’s limited driving licence,

(e)that he has not during any part of that period been disqualified under section 34 or 36 of the Road Traffic Offenders Act 1988 for holding or obtaining a licence to drive a motor vehicle granted under Part III of this Act, and

(f)that, apart from fulfilment of the preceding conditions, he continues to be a fit and proper person to have his name entered in the register as that of a disabled instructor.]]

[F63(4)The retention of a person’s name under this section shall be subject—

(a)[F64in the case of its retention by virtue of subsection (3) above,] to the [F65conditions] mentioned in section 125(5) of this Act, [F66and]

(b)[F67in the case of its retention by virtue of subsection (3A) above, to the condition mentioned in section 125B(6) of this Act.]]

(5)Before refusing an application under subsection (1) above the Registrar must give to the applicant written notice stating that he is considering the refusal of the application and giving particulars of the grounds on which he is considering it.

(6)Where the Registrar gives notice under subsection (5) above—

(a)the applicant may, within the period of twenty-eight days beginning with the day on which the notice is given, make representations with respect to the proposed refusal,

(b)the Registrar must not decide to refuse the application until after the expiration of that period, and

(c)before deciding whether or not to refuse the application, the Registrar must take into consideration any such representations made by the applicant within that period.

(7)On deciding to grant or refuse an application the Registrar must give notice in writing of the decision to the person concerned.

[F68(7A)A decision to refuse an application shall take effect at the end of the period of fourteen days beginning with the day on which notice of the decision is given (or, if any appeal brought against the decision under the following provisions of this Part of this Act is previously withdrawn or dismissed, when the appeal is withdrawn or dismissed).]

(8)[F69But the Registrar may, when giving notice of his decision to refuse the application, direct that the decision shall instead] take effect—

(a)where no appeal under the following provisions of this Part of this Act is brought against the decision within the time limited for the appeal, on the expiration of that time,

(b)where such an appeal is brought and is withdrawn or struck out for want of prosecution, on the withdrawal or striking out of the appeal,

(c)where such an appeal is brought and not withdrawn or struck out for want of prosecution, if and when the appeal is dismissed, and not otherwise.

[F70(9)Sections 128(7A) to (7G) and 131A apply in relation to suspending a person's registration in connection with an application under subsection (1) above as if the references in sections 128(7A) to (7G) and 131A to—

(a)a notice under section 128(4) were references to a notice under subsection (5) above, and

(b)the removal of the person's name from the register were (or, in the case of section 128(7E)(d), included) references to the refusal of the person's application for the retention of the person's name in the register.]

Annotations:

Amendments (Textual)

F55Word in s. 127(2) substituted (9.9.1996) by 1993 c. 31, s. 6, Sch. para. 5(2); S.I. 1996/1980, art. 2

F56Words in s. 127(3) substituted (9.9.1996) by 1993 c. 31, s. Sch. para. 5(3); S.I. 1996/1980, art. 2

F57Words in s. 127(3) omitted (8.6.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 20(2)(a); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F58Words in s. 127(3)(a) substituted (8.6.2015) by Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 20(2)(b); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F59Word in s. 127(3)(d) omitted (8.6.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 20(2)(c); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F61S. 127(3A) inserted (9.9.1996) by 1993 c. 31, s. 6, Sch. para. 5(4); S.I. 1996/1980, art. 2

F62Words in s. 127(3A) omitted (8.6.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 20(3); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F63S. 127(4) substituted (9.9.1996) by 1993 c. 31, s. 6, Sch. para. 5(5); S.I. 1996/1980, art. 2

F64Words in s. 127(4)(a) omitted (8.6.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 20(4)(a); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F65Word in s. 127(4)(a) substituted (8.6.2015) by Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 20(4)(b); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F66Word in s. 127(4)(a) omitted by virtue of (8.6.2015) by Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 20(4)(c); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F67S. 127(4)(b) omitted by virtue of (8.6.2015) by Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 20(4)(d); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F68S. 127(7A) inserted (1.4.2002) by 2000 c. 38, s. 259(1); S.I. 2002/658, art. 2(2), Sch. Pt. 2 (with art. 3(1))

F69Words in s. 127(8) substituted (1.4.2002) by 2000 c. 38, s. 259(1); S.I. 2002/658, art. 2(2), Sch. Pt. 2 (with art. 3(1))

Modifications etc. (not altering text)

C9S. 127 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

Marginal Citations

128 Removal of names from register.E+W+S

(1)The Registrar may remove the name of a person from [F71Part 1 of] the register if he is satisfied that—

(a)in a case where his name has not been retained in the register under section 127 of this Act, at any time since the entry of his name was made, and

(b)in a case where his name has been so retained under that section, at any time since it was last retained,

any of the [F72relevant] conditions was fulfilled in his case.

[F73(1A)The Registrar may remove the name of a person from Part 2 of the register if satisfied that—

(a)in a case where the declaration by virtue of which the person’s name was entered in the register has not been renewed, at any time since that declaration was made, and

(b)in a case where the declaration has been renewed, at any time since it was last renewed,

any of the relevant conditions, or the additional condition, was fulfilled in the person’s case.] 

(2)[F74[F75Except in the case of a registered disabled instructor,] the relevant conditions are]

(a)that he held [F76none]of the kinds of current licence mentioned in section 125 (3)(b) of this Act,

(b)that he was disqualified under section 34 or 36 of the M4Road Traffic Offenders Act 1988 for holding or obtaining a licence to drive a motor vehicle under Part III of this Act,

(c)that he refused to undergo a [F77test or assessment such as is mentioned in section 125(5)(a)(i) or (ii)] of this Act,

(d)that he failed to pass such a test,

[F78(da)that an assessor refused to grant him an emergency control certificate on completing an emergency control assessment of him following a requirement imposed as mentioned in section 125(5)(a)(ii),

(db)that he gave instruction in the driving of a motor car in breach of the condition in section 125(5)(b) (ability to take control of motor car in an emergency),]

(e)that he ceased, apart from fulfilment of any of the preceding conditions, to be a fit and proper person to have his name included in the register.

[F79(2B)The additional condition is that the person was not entitled to give paid instruction in the driving of a motor car on a temporary and occasional basis by virtue of Part 2 of the European Union (Recognition of Professional Qualifications) Regulations 2015 (S.I. 2015/2059).]

[F80(2A)[F81In the case of a registered disabled instructor, the relevant conditions are—

(a)that he did not hold a current emergency control certificate,

(b)that he did not hold a current disabled person’s limited driving licence,

(c)that he was disqualified under section 34 or 36 of the Road Traffic Offenders Act 1988 for holding or obtaining a licence to drive a motor vehicle under Part III of this Act,

(d)that he refused to undergo any such assessment as is mentioned in section 125B(6)(a) of this Act,

(e)that he refused to undergo, or failed to pass, any such test as is mentioned in section 125B(6)(b) of this Act,

(f)that he ceased, apart from fulfilment of the preceding conditions, to be a fit and proper person to have his name included in the register as that of a disabled instructor.]]

(3)The Registrar may remove the name of a person from the register if the entry of his name in the register, or the retention of his name in the register, was made by mistake or procured by fraud.

(4)Before removing the name of a person from the register under this section, the Registrar must give him written notice stating that he is considering the removal and giving particulars of the grounds on which he is considering it.

(5)Where the Registrar gives notice to a person under subsection (4) above—

(a)that person may, within the period of twenty-eight days beginning with the day on which the notice is given, make representations with respect to the proposed removal,

(b)the Registrar must not decide to remove his name from the register until after the expiration of that period, and

(c)before deciding whether or not to remove his name from the register, the Registrar must take into consideration any such representations made by him within that period.

(6)The Registrar must, on making a decision to remove a name from the register, give notice in writing of the decision to the person concerned.

[F82(6A)A decision to remove a name from the register shall take effect at the end of the period of fourteen days beginning with the day on which notice of the decision is given (or, if any appeal brought against the decision under the following provisions of this Part of this Act is previously withdrawn or dismissed, when the appeal is withdrawn or dismissed).]

(7)[F83But the Registrar may, when giving notice of his decision to remove the name from the register, direct that the decision shall instead] take effect—

(a)where no appeal under the following provisions of this Part of this Act is brought against the decision within the time limited for the appeal, on the expiration of that time,

(b)where such an appeal is brought and is withdrawn or struck out for want of prosecution, on the withdrawal or striking out of the appeal,

(c)where such an appeal is brought and not withdrawn or struck out for want of prosecution, if and when the appeal is dismissed, and not otherwise.

[F84(7A)The Registrar may suspend a person's registration if the Registrar—

(a)has given, or is about to give, the person notice under subsection (4),

(b)is considering whether to remove the person's name from the register, or has decided to remove the name but the decision is not yet in effect, and

(c)believes that the person would pose a significant threat to the safety of members of the public if the person's registration were not suspended.

(7B)The Registrar must, on deciding to suspend a person's registration, give written notice of the decision to the person.

(7C)The decision to suspend takes effect on the giving of the notice.

(7D)No notice may be given under subsection (7B) before the notice under subsection (4) is given but the subsection (7B) notice may be included in the subsection (4) notice if the subsection (4) notice is still to be given when the decision to suspend is made.

(7E)A suspension under subsection (7A) is terminated if—

(a)the Registrar decides not to remove the person's name from the register,

(b)the Registrar decides to remove the person's name from the register but the decision has not taken effect and an appeal against the decision is successfully concluded,

(c)the Registrar has not decided whether to remove the person's name from the register and the period of 75 days beginning with the giving of the subsection (4) notice has ended,

(d)the person's name is removed from the register (whether under this section or otherwise), or

(e)the Registrar decides to terminate the suspension.

(7F)The Registrar must give written notice to a person of the fact that the person's suspension is terminated as mentioned in subsection (7E)(a) to (c) or (e).

(7G)For the purposes of this Part of this Act the fact that a person's registration is suspended does not prevent the person's name from being in the register.]

F85[(8)Where a person whose name has been removed from [F86Part 1 of] the register under this section applies under subsection (2) of section 125 of this Act for his name to be entered again in [F87that Part of] the register and either—

(a)the application is made after the end of the period of one year beginning with the date on which his name was removed; or

(b)his name was removed on the grounds that he has failed to pass such a test as is mentioned in subsection [F88(5)(a)(i)] of that section,

the Registrar shall not regard the condition specified in paragraph (a) of subsection (3) of that section as fulfilled unless he is satisfied that that person has again passed the examination mentioned in that paragraph since the date on which his name was removed from [F86Part 1 of] the register.]

[F89(9)[F90Where a person whose name was entered in the register as that of a disabled instructor and whose name has been removed from the register under this section applies under subsection (1) of section 125A of this Act for his name to be entered again in the register as that of a disabled instructor and either—

(a)the application is made after the end of the period of one year beginning with the date on which his name was removed, or

(b)his name was removed on the ground that he has failed to pass such a test as is mentioned in section 125B(6)(b) of this Act,

the Registrar shall not regard the condition mentioned in section 125A(6)(a) of this Act as fulfilled unless he is satisfied that that person has again passed the examination mentioned in the said section 125A(6)(a) since the date on which his name was removed from the register.]]

Annotations:

Amendments (Textual)

F72Word in s. 128(1) substituted (9.9.1996) by 1993 c. 31, s. 6, Sch. para. 6(2); S.I. 1996/1980, art. 2

F74Words in s. 128(2) substituted (9.9.1996) by 1993 c. 31, s. 6, Sch. para. 6(3); S.I. 1996/1980, art. 2

F75Words in s. 128(2) omitted (8.6.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 21(2)(a); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F76Word in s. 128(2)(a) substituted (1.4.1999) by S.I. 1999/357, reg. 2(4)

F77Words in s. 128(2)(c) substituted (8.6.2015) by Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 21(2)(b); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F80S. 128(2A) inserted (9.9.1996) by 1993 c. 31, s. 6, Sch. para. 6(4); S.I. 1996/1980, art. 2

F82S. 128(6A) inserted (1.4.2002) by 2000 c. 38, s. 259(2); S.I. 2002/658, art. 2(2), Sch. Pt. 2 (with art. 3(1))

F83Words in s. 128(7) substituted (1.4.2002) by 2000 c. 38, s. 259(2); S.I. 2002/658, art. 2(2), Sch. Pt. 2 (with art. 3(1))

F85S. 128(8) inserted by S.I. 1991/1129, art. 2

F88Word in s. 128(8)(b) substituted (8.6.2015) by Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 21(4); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F89S. 128(9) inserted (9.9.1996) by 1993 c. 31, s. 6, Sch. para. 6(5); S.I. 1996/1980, art. 2

Modifications etc. (not altering text)

C13S. 128 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

Marginal Citations

LicencesE+W+S

129 Licences for giving instruction so as to obtain practical experience.E+W+S

(1)A licence under this section is granted for the purpose of enabling a person to acquire practical experience in giving instruction in driving motor cars with a view to undergoing [F91such part of the examination referred to in section 125(3)(a) as consists of a practical test of ability and fitness to instruct].

[F92(1A)An application for a licence to give paid instruction in the driving of a motor car must be made to the Registrar, in the manner determined by the Secretary of State, accompanied by particulars so determined.

(1B)The Registrar may, in the circumstances mentioned in subsection (1C), require the applicant to submit himself for an emergency control assessment in connection with the application.

(1C)Those circumstances are that the Registrar has reasonable grounds for believing that the person in question would be unable to take control of a motor car of a prescribed class if an emergency arose while he was giving driving instruction in such a motor car.]

[F93(2)Where a person duly applies for a licence, the Registrar must, on payment of such fee, if any, as may be prescribed, grant to the applicant a licence to give paid instruction in the driving of a motor car if the Registrar is satisfied—

(a)that the applicant has passed the other parts of the examination referred to in subsection (1),

(b)that the conditions set out in section 125(3)(b), (c), (d) and (e) are fulfilled in the applicant's case, and

(c)in the case of an applicant who has been required under subsection (1B) to submit himself for an emergency control assessment, he holds a current emergency control certificate.]

(3)The Registrar may refuse to grant a licence under this section to an applicant to whom such a licence has previously been issued.

(4)The Registrar must, on making a decision on an application under subsection (2) above, give notice in writing of the decision to the applicant which, in the case of a decision to refuse the application, must state the grounds of the refusal.

(5)A licence under this section shall be in such form, shall be in force for such period, [F94and [F95, subject to subsection (5A) below,] shall] be granted subject to such conditions, as may be prescribed by regulations.

[F96(5ZA)Those conditions may (in particular) include—

(a)a condition requiring the person to whom the licence was granted, if required to do so by the Registrar at any time when the circumstances mentioned in subsection (1C) apply, to submit himself for an emergency control assessment (whether or not the person already holds an emergency control certificate) on such day (within such period as may be prescribed) and at such place as may be specified by the Registrar;

(b)a condition requiring that, if instruction in the driving of a motor car is to be given in circumstances where there is a reasonable expectation of an emergency arising which necessitates the instructor taking control of the car, the person will only give such instruction if he would be able to take control of the car if such an emergency arose while giving the instruction.]

[F97(5A)[F98A licence granted by virtue of paragraph (b) of subsection (2) above shall be granted subject to the condition that the person to whom it is granted shall not give paid instruction in the driving of a motor car—

(a)unless he holds a current emergency control certificate, and

(b)the car is an authorised motor car.]

(5B)[F99In subsection (5A) above “authorised motor car”, in relation to any person, means a motor car 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.]]

(6)Notwithstanding any provision of regulations made by virtue of subsection (5) above prescribing the period for which a licence is to be in force, where a person applies for a new licence in substitution for a licence held by him and current at the date of the application, the previous licence shall not expire—

(a)until the commencement of the new licence, or

(b)if the Registrar decides to refuse the application, until the time limited for an appeal under the following provisions of this Part of this Act against the decision has expired and, if such an appeal is duly brought, it is finally disposed of.

(7)Before deciding to refuse an application for a new licence in substitution for a licence current at the date of the application, the Registrar must give to the applicant written notice stating that he is considering the refusal and giving particulars of the grounds on which he is considering it.

(8)Where the Registrar gives notice under subsection (7) above—

(a)the applicant may, within the period of fourteen days beginning with the day on which the notice is given, make representations with respect to the proposed refusal, and

(b)the Registrar must not decide to refuse the application until after the expiration of that period, and

(c)before deciding whether or not to refuse the application, the Registrar must take into consideration any such representations made within that period.

[F100(9)Sections 130(7) to (13) and 131A apply in relation to suspending a person's licence in connection with an application for a new licence in substitution for a licence current at the date of the application as if—

(a)the references in sections 130(7) to (13) and 131A to—

(i)a notice under section 130(3) were references to a notice under subsection (7) above,

(ii)the revocation of the licence were (except in section 130(11)(d)) references to the refusal of the person's application for a new licence, and

(iii)the decision not being in effect were references to the decision not being in effect because the licence has not expired, and

(b)section 131A(3), and the words “(whether or not the Registrar's decision has taken effect)” in section 131A(2)(b), were omitted.]

Annotations:

Amendments (Textual)

F91Words in s. 129(1) substituted (8.6.2015) by Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 22(2); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F94Words in s. 129(5) substituted (9.9.1996) by 1993 c. 31, s. 2(3); S.I. 1996/1980, art. 2

F95Words in s. 129(5) omitted by virtue of (8.6.2015) by Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 22(5); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F97S. 129(5A)(5B) inserted (9.9.1996) by 1993 c. 31, s. 2(4); S.I. 1996/1980, art. 2

F98S. 129(5A) omitted by virtue of (8.6.2015) by Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 22(7); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F99S. 129(5B) omitted by virtue of (8.6.2015) by Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 22(7); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

Modifications etc. (not altering text)

C17S. 129 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

130 Revocation of licences.E+W+S

(1)The registrar may revoke a licence granted under section 129 of this Act—

(a)if the person to whom the licence was granted fails to comply with any of the conditions subject to which it was granted, or

(b)if the Registrar is satisfied that, at any time since the licence was granted, any of the [F101relevant conditions] was fulfilled in his case, or

(c)if the licence was granted by mistake or procured by fraud.

(2)[F102[F103Except in the case of a licence granted by virtue of subsection (2)(b) of section 129 of this Act,] the relevant conditions are]

(a)that he held [F104none] of the kinds of current licence mentioned in section 125 (3)(b) of this Act, F105...

(b)that he was disqualified under section 34 or 36 of the M5Road Traffic Offenders Act 1988 for holding or obtaining a licence to drive a motor vehicle under Part III of this Act, [F106or]

[F107(ba)that an assessor refused to grant him an emergency control certificate on completing an emergency control assessment of him following a requirement imposed as mentioned in section 129(5ZA)(a), or]

(c)that he ceased, apart from fulfilment of either of the preceding conditions, to be a fit and proper person to have his name in the register.

[F108(2A)[F109In the case of a licence granted by virtue of subsection (2)(b) of section 129 of this Act, the relevant conditions are—

(a)that he did not hold a current emergency control certificate, or

(b)that he did not hold a current disabled person’s limited driving licence, or

(c)that he was disqualified under section 34 or 36 of the Road Traffic Offenders Act 1988 for holding or obtaining a licence to drive a motor vehicle under Part III of this Act, or

(d)that he ceased, apart from fulfilment of any of the preceding conditions, to be a fit and proper person to have his name in the register as that of a disabled instructor.]]

(3)Before revoking a licence granted to a person [F110under this section] the Registrar must give him written notice stating that he is considering the revocation and giving particulars of the grounds on which he is considering it.

(4)Where the Registrar gives notice to a person under subsection (3) above—

(a)that person may, within the period of fourteen days beginning with the day on which the notice is given, make representations with respect to the proposed revocation, and

(b)the Registrar must not decide to revoke the licence until after the expiration of that period, and

(c)before deciding whether or not to revoke the licence, the Registrar must take into consideration any such representations made within that period.

(5)The Registrar must, on making a decision to revoke a licence [F110granted under this section], give notice in writing of the decision to the person concerned.

[F111(5A)A decision to revoke a licence shall take effect at the end of the period of fourteen days beginning with the day on which notice of the decision is given (or, if any appeal brought against the decision under the following provisions of this Part of this Act is previously withdrawn or dismissed, when the appeal is withdrawn or dismissed).

(6)But the Registrar may, when giving notice of his decision to revoke a licence, direct that (if an appeal under the following provisions of this Part of this Act is brought against the decision) it shall instead take effect—

(a)if the appeal is withdrawn or struck out for want of prosecution, on the withdrawal or striking out of the appeal, or

(b)if and when the appeal is dismissed, and not otherwise.]

[F112(7)The Registrar may suspend a person's licence if the Registrar—

(a)has given, or is about to give, the person notice under subsection (3),

(b)is considering whether to revoke the licence, or has decided to revoke the licence but the decision is not yet in effect, and

(c)believes that the person would pose a significant threat to the safety of members of the public if the licence were not suspended.

(8)The Registrar must, on deciding to suspend a person's licence, give written notice of the decision to the person.

(9)The decision to suspend takes effect on the giving of the notice.

(10)No notice may be given under subsection (8) before the notice under subsection (3) is given but the subsection (8) notice may be included in the subsection (3) notice if the subsection (3) notice is still to be given when the decision to suspend is made.

(11)A suspension under subsection (7) is terminated if—

(a)the Registrar decides not to revoke the person's licence,

(b)the Registrar decides to revoke the person's licence but the decision has not taken effect and an appeal against the decision is successfully concluded,

(c)the Registrar has not decided whether to revoke the person's licence and the period of 75 days beginning with the giving of the subsection (3) notice has ended,

(d)the person's licence expires or is revoked, or

(e)the Registrar decides to terminate the suspension.

(12)The Registrar must give written notice to a person of the fact that the person's suspension is terminated as mentioned in subsection (11)(a) to (c) or (e).

(13)For the purposes of this Part of this Act the fact that a person's licence is suspended does not prevent the person from being a licence-holder.]

Annotations:

Amendments (Textual)

F101Words in s. 130(1)(b) substituted (9.9.1996) by 1993 c. 31, s. 6, Sch. para. 7(2); S.I. 1996/1980, art. 2

F102Words in s. 130(2) substituted (9.9.1996) by 1993 c. 31, s. 6, Sch. para. 7(3); S.I. 1996/1980, art. 2

F103Words in s. 130(2) omitted (8.6.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 23(2)(a); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F104Word in s. 130(2)(a) substituted (1.4.1999) by S.I. 1999/357, reg. 2(4)

F105Word in s. 130(2)(a) omitted (8.6.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 23(2)(b); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F106Word in s. 130(2)(b) omitted (8.6.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 23(2)(b); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F108S. 130(2A) inserted (9.9.1996) by 1993 c. 31, s. 6 Sch. para. 7(4); S.I. 1996/1980, art. 2

F110Words in s. 130(3)(5) repealed (1.4.2002) by 2000 c. 38, s. 274, Sch. 31 Pt. V(1); S.I. 2002/658, art. 2(2), Sch. Pt. 2 (as amended by S.I. 2002/846, art. 2(2))

F111S. 130(5A)(6) substituted (1.4.2002) for s. 130(6) by 2000 c. 38, s. 259(3); S.I. 2002/658, art. 2(2), Sch. Pt. 2

Modifications etc. (not altering text)

C18S. 130 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

Marginal Citations

AppealsE+W+S

131 Appeals.E+W+S

(1)A person who is aggrieved by a decision of the Registrar—

(a)to refuse an application for the entry of his name in the register, or

(b)to refuse an application for the retention of his name in the register, or

(c)to remove his name from the register,

may [F113appeal to the First-tier Tribunal.]

(2)A person who is aggrieved by a decision of the Registrar—

(a)to refuse an application for the grant of a licence under this Part of this Act, or

(b)to revoke such a licence,

may [F113appeal to the First-tier Tribunal.]

(3)On the appeal the [F114First-tier Tribunal] may make such order—

(a)for the grant or refusal of the application

or,

(b)for the removal or the retention of the name in the register, or the revocation or continuation of the licence,

(as the case may be) as [F115it thinks] fit.

(4)An order for such refusal, removal or revocation may direct that an application by the appellant—

(a)for the grant of a licence under this Part of this Act, or

(b)for his name to be entered in [F116Part 1 of] the register,

shall not be entertained before the expiration of such period, not exceeding four years beginning with the day on which the order is made, as may be specified in the order.

[F117(4A)If the [F118First-tier Tribunal considers] that any evidence adduced on an appeal had not been adduced to the Registrar before he gave the decision to which the appeal relates, [F119it] may (instead of making an order under subsection (3) above) remit the matter to the Registrar for him to reconsider the decision.]

[F120(4B)A person who is aggrieved by a decision of the Registrar not to give a direction under section 127(8), 128(7) or 130(6) of this Act may [F121appeal to the First-tier Tribunal.]

(4C)The [F122First-tier Tribunal] shall determine the appeal by either—

(a)giving the direction concerned, or

(b)dismissing the appeal.

F123. . .

(4D)Where the Registrar has decided to refuse an application for the retention of a name in the register, to remove a name from the register or to revoke a licence granted under section 129 of this Act but either—

(a)he gave a direction under section 127(8), 128(7) or 130(6) of this Act, or

(b)the [F124First-tier Tribunal] have given such a direction on appeal,

he may F125. . . apply to the [F124First-tier Tribunal] for an order that the decision is to take effect immediately.

(4E)The [F126First-tier Tribunal] shall determine the Registrar’s application by either granting or refusing the application.F127. . .

(4F)The [F128First-tier Tribunal] may only grant the application if [F129it considers] that a failure to do so might prejudicially affect—

(a)the well-being of any person to whom the person concerned may give instruction in the driving of a motor car, or

(b)the safety of road users.]

(4G)F130. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)F131. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F117S. 131(4A) inserted (1.4.2002) by 2000 c. 38, s. 258(1)(4); S.I. 2002/658, art. 2(2), Sch. Pt. 2

F120S. 131(4B)-(4F) inserted (1.4.2002) by 2000 c. 38, s. 259(4); S.I. 2002/658, art. 2(2), Sch. Pt. 2

Modifications etc. (not altering text)

C20S. 131 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

[F132CompensationE+W+S

Annotations:

Amendments (Textual)

F132S. 131A and crossheading inserted (8.6.2012 for specified purposes, 6.7.2012 so far as not already in force) by Driving Instruction (Suspension and Exemption Powers) Act 2009 (c. 17), s. 7(3), Sch. 1 para. 7; S.I. 2012/1356, arts. 3(b), 4(a)

131ACompensation in respect of suspensionE+W+S

(1)The Secretary of State must by regulations make a scheme for the making of payments by the Secretary of State to persons in respect of one or more of the following—

(a)income losses incurred by them as a result of their registrations or licences being suspended by virtue of section 128(7A) to (7G) or (as the case may be) 130(7) to (13),

(b)non-income losses so incurred, and

(c)any other matters which relate to either such suspension and are provided for in the scheme.

(2)No payments may be made under a scheme in respect of the suspension of a person's registration or licence unless—

(a)the suspension is terminated because the Registrar decides not to remove the person's name from the register or (as the case may be) not to revoke the licence,

(b)an appeal is successfully concluded against the decision of the Registrar to remove the person's name from the register or (as the case may be) to revoke the licence (whether or not the Registrar's decision has taken effect), or

(c)any other circumstances provided for in the scheme apply.

(3)Where the decision of the Registrar to remove the person's name from the register or to revoke the licence has taken effect before an appeal against it is successfully concluded, any payments under a scheme may relate only to the suspension.

(4)A scheme may, in particular, specify—

(a)the description or descriptions of income losses, or

(b)the description or descriptions of non-income losses,

in respect of which payments are to be made but need not provide for the making of payments in respect of all income losses or all non-income losses or for the making of payments which correspond to the full amount of any income losses or non-income losses.

(5)A scheme may also, in particular—

(a)specify the basis or bases of valuation for determining losses or the person who is to decide their valuation,

(b)specify the amounts of payments to be made or the basis or bases on which such amounts are to be calculated,

(c)provide for the procedure to be followed (including when claims may be made and the provision of information) in respect of claims under the scheme and for the determination of such claims.

(6)A person who is aggrieved by a decision of the Secretary of State as to the person's entitlement to payments under a scheme or the amounts of any such payments may appeal to the First-tier Tribunal.

(7)On an appeal, the First-tier Tribunal may make such order as it considers appropriate.

(8)If the Tribunal considers that any evidence adduced on an appeal had not been adduced to the Secretary of State before the making of the decision to which the appeal relates, the Tribunal may (instead of making an order under subsection (7)) remit the matter to the Secretary of State for the Secretary of State to reconsider the decision.

(9)In this section—

Examinations and testsE+W+S

132 Examinations and tests of ability to give driving instruction.E+W+S

(1)Regulations may make provision with respect to—

(a)the nature of examinations of the ability of persons to give instruction in the driving of motor cars and tests of continued ability and fitness to give [F133instruction in the driving of motor cars (or appropriate motor cars)], and

(b)evidence of the results of such tests and examinations,

and generally with respect to such tests and examinations.

(2)In particular, but without prejudice to the generality of subsection (1) above, the regulations may make provision—

(a)for requiring a person submitting himself [F134for any] part of such an examination which consists of a practical test, or to [F135any part of such a test of continued ability and fitness which consists of practical assessment], to provide a vehicle for the purposes of [F136the practical test or assessment], being a vehicle in respect of which such conditions as may be specified in regulations are complied with,

(b)for requiring a person applying to submit himself for any part of such an examination [F137, or required to submit himself for such a test,] to pay to the Registrar such fee as may be specified in the regulations in relation to that part [F138or such tests,], and

(c)for requiring a person who desires to submit himself for any part of such an examination [F139, or is required to submit himself for such a test] to supply the Registrar with such particulars as the Secretary of State may determine.

Annotations:

Amendments (Textual)

F133Words in s. 132(1) substituted (1.4.2002) by 2000 c. 38, s. 260, Sch. 29 para. 9(1)(2); S.I. 2002/658, art. 2(2), Sch. Pt. 2

F134Words in s. 132(2)(a) substituted (1.4.2002) by 2000 c. 38, s. 260, Sch. 29 para. 9(1)(3)(a)(i); S.I. 2002/658, art. 2(2), Sch. Pt. 2

F135Words in s. 132(2)(a) substituted (1.4.2002) by 2000 c. 38, s. 260, Sch. 29 para. 9(1)(3)(a)(ii); S.I. 2002/658, art. 2(2), Sch. Pt. 2

F136Words in s. 132(2)(a) substituted (1.4.2002) by 2000 c. 38, s. 260, Sch. 29 para. 9(1)(3)(a)(iii); S.I. 2002/658, art. 2(2), Sch. Pt. 2

F137Words in s. 132(2)(b) inserted (1.4.2002) by 2000 c. 38, s. 260, Sch. 29 para. 9(1)(3)(b)(i); S.I. 2002/658, art. 2(2), Sch. Pt. 2

F138Words in s. 132(2)(b) inserted (1.4.2002) by 2000 c. 38, s. 260, Sch. 29 para. 9(1)(3)(b)(ii); S.I. 2002/658, art. 2(2), Sch. Pt. 2

F139Words in s. 132(2)(c) inserted (1.4.2002) by 2000 c. 38, s. 260, Sch. 29 para. 9(1)(3)(c); S.I. 2002/658, art. 2(2), Sch. Pt. 2

Modifications etc. (not altering text)

C21S. 132 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

133 Review of examinations.E+W+S

(1)On the application of a person who has [F140undergone a relevant examination, or a part of such an examination]

(a)[F141a magistrates' court], or

(b)in Scotland, the sheriff within whose jurisdiction he resides,

may determine whether [F142the examination or part was properly conducted]

(2)If it appears to the court or sheriff [F143the examination or part was not properly]conducted, the court or sheriff may order that any fee payable by the applicant in respect of [F144the examination or part]shall not be paid or, if it has been paid, shall be repaid.

(3)No appeal shall lie under section 131 of this Act in respect of any matter in respect of which an application may be made to a magistrates’ court or a sheriff under subsection (1) above.

[F145(4)In this section “a relevant examination” means—

(a)an examination of ability to give instruction in the driving of motor cars,

(b)a test of continued ability and fitness to give instruction in the driving of motor cars (or appropriate motor cars), or

(c)an emergency control assessment.]

Annotations:

Amendments (Textual)

F140Words in s. 133(1) substituted (1.4.2002) by 2000 c. 38, s. 260, Sch. 29 para. 11(1)(2)(a); S.I. 2002/658, art. 2(2), Sch. Pt. 2 (with art. 3(3))

F141Words in s. 133(1)(a) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 309; S.I. 2005/910, art. 3

F142Words in s. 133(1) substituted (1.4.2002) by 2000 c. 38, s. 260, Sch. 29 para. 11(1)(2)(b); S.I. 2002/658, art. 2(2), Sch. Pt. 2 (with art. 3(3))

F143Words in s. 133(2) substituted (1.4.2002) by 2000 c. 38, s. 260, Sch. 29 para. 11(1)(3)(a); S.I. 2002/658, art. 2(2), Sch. Pt. 2 (with art. 3(3))

F144Words in s. 133(2) substituted (1.4.2002) by 2000 c. 38, s. 260, Sch. 29 para. 11(1)(3)(b); S.I. 2002/658, art. 2(2), Sch. Pt. 2 (with art. 3(3))

Modifications etc. (not altering text)

C22S. 133 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

[F146[F147Disabled persons:] emergency control certificates, etc]E+W+S

Annotations:

Amendments (Textual)

F146Ss. 133A, 133B and cross-heading inserted (9.9.1996) by 1993 c. 31, s.3; S.I. 1996/1980, art. 2

F147Words 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)

[F149133A Assessment of [F148disabled person’s] ability to control a motor car in an emergency.E+W+S

(1)This section applies to any person who, by or under any provision of this Part of this Act,—

(a)is authorised to apply to undergo an emergency control assessment, or

(b)is required by the Registrar to submit himself for an emergency control assessment.

(2)An emergency control assessment is an assessment of whether the person being assessed would be able either—

(a)to take control of a motor car of a [F150prescribed class] without any modifications, or

(b)to take control of a motor car of a [F151prescribed class] only with appropriate modifications of such a motor car,

if an emergency arose while he was giving, in such a motor car, instruction in the driving of [F152a] motor car.

(3)Where a person is authorised to apply to undergo an emergency control assessment, for the application to be duly made, it must be made to the Secretary of State and must include—

(a)a declaration by the person making the application, in such form as the Secretary of State may require, stating every relevant disability or prospective disability from which the person is suffering or has at any time (or, if a period is prescribed by regulations, has during that period) suffered; and

(b)such other particulars as the Secretary of State may require.

(4)Where a person is required to submit himself for an emergency control assessment he must furnish to the Secretary of State such particulars as the Secretary of State may require.

[F153(4A)Regulations may require a person who applies to undergo an emergency control assessment (or a part of such an assessment), or is required to submit himself for such an assessment, to pay a fee to the Secretary of State.]

(5)An emergency control assessment—

(a)shall be conducted by a person appointed by the Secretary of State (in this section referred to as “the assessor”); and

(b)shall consist of such practical tests and other means of assessment as the Secretary of State may determine.

(6)On completing an emergency control assessment of a person, the assessor shall grant him an emergency control certificate if he is satisfied either—

(a)that, in the circumstances mentioned in subsection (2) above, that person would be able to take control of a motor car of a [F154prescribed class] without any modifications, or

(b)that, in the circumstances mentioned in subsection (2) above, that person would be able to take control of a motor car of a [F155prescribed class] only with appropriate modifications of such a motor car;

but if the assessor is not so satisfied, he shall refuse to grant a certificate to that person.

(7)An emergency control certificate granted to any person—

(a)shall specify the class of motor car [F156covered by his disabled person’s limited driving licence] in relation to which the assessor is satisfied as mentioned in subsection (6)(a) or (b) above, specifying, in a case falling within paragraph (b) the modifications that are appropriate; and

(b)may include a recommendation that that person should undergo a further emergency control assessment after the end of such period as is specified in the certificate;

and shall otherwise be in such form as the Secretary of State may determine.

(8)Different modifications for different classes of motor car may be specified under subsection (7)(a) above.

(9)The assessor who has assessed any person under this section—

(a)if he grants an emergency control certificate, shall—

(i)give or send the certificate to that person, and

(ii)send a copy of the certificate to the Registrar; and

(b)if he refuses to grant such a certificate, shall—

(i)give notice in writing to that person of his decision and of the reasons for it, and

(ii)send a copy of the notice to the Registrar.]

[F157(10)In this Part, “modifications”, in relation to a motor car, includes equipment.]

Annotations:

Amendments (Textual)

F148Words in s. 133A heading omitted (8.6.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 24(6); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F149Ss. 133A, 133B and cross-heading inserted (9.9.1996) by 1993 c. 31, s. 3; S.I. 1996/1980, art. 2

F150Words in s. 133A(2)(a) substituted (8.6.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 24(2)(a); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F151Words in s. 133A(2)(b) substituted (8.6.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 24(2)(b); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F152Word in s. 133A(2) substituted (8.6.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 24(2)(c); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F154Words in s. 133A(6)(a) substituted (8.6.2015) by Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 24(3)(a); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F155Words in s. 133A(6)(b) substituted (8.6.2015) by Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 24(3)(b); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F156Words in s. 133A(7)(a) omitted (8.6.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 24(4); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

Modifications etc. (not altering text)

C23S. 133A excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

[F158133B Further assessments.E+W+S

[F159(1)A person who has undergone an emergency control assessment may not apply to undergo a further assessment until after the end of—

(a)the period of six months beginning with the date of his most recent previous assessment, or

(b)such other period as may be prescribed by regulations,

unless, by virtue of section 125B(6)(a) of this Act or subsection (2) below, he is required by the Registrar to submit himself for a further assessment.]

(2)A person whose name is not on the register but who holds a current emergency control certificate shall, if at any time required to do so by the Registrar, submit himself for a further emergency control assessment on the day (within such period as may be prescribed by regulations) and at the place specified by the Registrar.

[F160(2A)A person may, for the purpose of obtaining an emergency control certificate, apply to undergo a further emergency control assessment if—

(a)he has been required to submit himself for an emergency control assessment—

(i)under section 125(2C) or 129(1B), or

(ii)as mentioned in section 125(5)(a)(ii) or 129(5ZA),

(b)on completing that assessment, the assessor refused to grant him an emergency control certificate, and

(c)the application for the further assessment is made in such circumstances as may be prescribed.]

[F161(3)In considering whether to exercise, in respect of any person, his power under subsection (2) above, the Registrar shall have regard to any recommendation included in that person’s current emergency control certificate as to the period after the end of which he should undergo a further emergency control assessment.]

(4)A person who—

(a)holds a current emergency control certificate, but

(b)wishes to undergo a further emergency control assessment with a view to establishing his ability to control any class of motor car not specified in his current certificate,

may, with the consent of the Registrar and subject to [F162subsection (5A)], apply to undergo a further assessment; but a person applying to undergo a further assessment under this subsection shall not be required to make the declaration required by section 133A(3)(a) of this Act.

(5)An application made under subsection (4) above for the consent of the Registrar shall be made in such manner and be accompanied by such particulars as the Registrar may require.

[F163(5A)A person may not apply to undergo a further emergency control assessment under subsection (4) until after the end of—

(a)the period of six months beginning with the date of his most recent previous assessment, or

(b)such other period as may be prescribed by regulations,

unless the Registrar considers it appropriate for the application to be made at such earlier time as may be specified by the Registrar.]

(6)If, as a result of undergoing a further emergency control assessment, a person is granted a fresh emergency control certificate the grant of that certificate shall, with effect from the date on which it is notified as taking effect, revoke the previous certificate.

(7)If, in the case of an emergency control assessment conducted in respect of a person who holds a current emergency control certificate, the assessor is not satisfied as to either of the matters specified in paragraphs (a) and (b) of section 133A(6), he shall revoke the certificate.

(8)Where a person’s emergency control certificate is revoked under subsection (7) above the assessor shall—

(a)serve notice in writing on him specifying—

(i)the grounds for the revocation, and

(ii)the date, not being earlier than the date of service of the notice, on which the revocation is to take effect, and

(b)send a copy of the notice to the Registrar.

(9)In this section “assessor” has the same meaning as in section 133A of this Act.]

Annotations:

Amendments (Textual)

F158Ss. 133A, 133B and cross-heading inserted (9.9.1996) by 1993 c. 31, s. 3; S.I. 1996/1980, art. 2

F162Words in s. 133B(4) substituted (8.6.2015) by Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 25(5); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

Modifications etc. (not altering text)

C24S. 133B excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

[F164133C Duty to disclose further disability.E+W+S

(1)This section applies to—

[F165(a)persons whose names are in the register, and]

(b)persons who hold licences under section 129 of this Act [F166granted by virtue of subsection (2)(b) of that section].

(2)If at any time a person to whom this section applies becomes aware—

(a)that he is suffering from a relevant or prospective disability which he has not previously disclosed to the Secretary of State under section [F167125(2A), 129(1A)] or 133A(3) or (4) of this Act, or

(b)that a relevant or prospective disability from which he has at any time suffered (and which has been previously so disclosed) has become more acute since his current emergency control certificate was granted,

he must forthwith notify the Registrar in writing of the nature and extent of his disability.

(3)Subsection (2) above does not require a person to notify the Registrar if—

(a)the disability is one from which he has not previously suffered, and

(b)he has reasonable grounds for believing that the duration of the disability will not extend beyond the period of three months beginning with the date on which he first becomes aware that he suffers from it.

(4)A person who fails without reasonable excuse to notify the Registrar as required by subsection (2) above is guilty of an offence.]

Annotations:

Amendments (Textual)

F164S. 133C inserted (9.9.1996) by 1993 c. 31, s.4; S.I. 1996/1980, art. 2

F166Words in s. 133C(1)(b) omitted (8.6.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 26(2)(b); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F167Words in s. 133C(2)(a) substituted (8.6.2015) by Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 26(3); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

Modifications etc. (not altering text)

C25S.133C excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

[F168133D Offences relating to giving [F169by disabled person] of paid driving instruction.E+W+S

[F170(1)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.

[F171(3A)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:

Amendments (Textual)

F168S. 133D inserted (9.9.1996) by 1993 c. 31, s. 5 ; S.I. 1996/1980, art. 2

F169Words 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 etc. (not altering text)

C26S. 133D excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

[F172133EDirection to disregard emergency control assessment requirementE+W+S

(1)This section applies where a person has been required—

(a)under section 125(2C) or 129(1B), or

(b)as mentioned in section 125(5)(a)(ii) or 129(5ZA),

to submit himself for an emergency control assessment.

(2)At any time before the assessment takes place the Registrar may withdraw the requirement (in which case this Part applies as if the requirement had never been imposed).

(3)At any time after the assessment takes place the Registrar may direct that the requirement is to be disregarded for the purposes of this Part (and accordingly any condition that the person holds an emergency certificate is to cease to apply).

(4)Notice of—

(a)the withdrawal of a requirement under subsection (2), or

(b)a direction under subsection (3),

must be given to the person on whom the requirement was imposed.]

Annotations:

Amendments (Textual)

General and supplementalE+W+S

134 Power to alter conditions for entry or retention in, and removal from, register and for grant or revocation of licences.E+W+S

Regulations may—

(a)alter or add to the conditions as to which the Registrar is required by this Part of this Act to be satisfied for the entry of a name in the register, the retention of a name in the register, the removal of a name from the register, the grant of a licence and the revocation of a licence, or omit any of those conditions,

(b)alter the period at the expiration of which a person’s name which is entered or retained in the register after the coming into force of the regulation must, unless retained or further retained, be removed from the register.

Annotations:

Modifications etc. (not altering text)

C27S. 134 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

135 Power to prescribe form of certificate of registration, etc.E+W+S

(1)Regulations may prescribe all or any of the following—

(a)a form of certificate for issue to persons whose names are in the register as evidence of their names’ being in the register,

(b)a form of badge for use by such persons, and

(c)an official title for such use.

(2)If a person whose name is not in [F173Part 1 of] the register—

(a)takes or uses a title prescribed under this section [F174for use by persons whose names are in that Part of the register] , or

(b)wears or displays a badge or certificate so prescribed, or

(c)takes or uses any name, title, addition or description implying that his name is in [F175that Part of] the register,

he is guilty of an offence unless he proves that he did not know, and had no reasonable cause to believe, that his name was not in [F176that Part of] the register at the material time.

[F177(2A)If a person whose name is not in Part 2 of the register—

(a)wears or displays a badge or certificate prescribed under this section for use by persons whose names are in that Part of the register, or

(b)takes or uses any name, title, addition or description implying that his or her name is in that Part of the register,

he or she is guilty of an offence unless he or she proves that he or she did not know, and had no reasonable cause to believe, that his or her name was not in that Part of the register at the material time.]

[F178(3)If P uses, in relation to any person employed by P whose name is not in Part 1 of the register,

(a)a title or description prescribed under this section for use by persons whose names are in that Part of the register, or

(b)a name, title, addition or description implying that the person’s name is in that Part of the Register,

P is guilty of an offence unless P proves that P did not know, and had no reasonable cause to believe, that the person’s name was not in that Part of the register at the material time.

(4)If P uses, in relation to any person employed by P whose name is not in Part 2 of the register, a name, title, addition or description implying that the person’s name is in that Part of the register, P is guilty of an offence unless P proves that P did not know, and had no reasonable cause to believe, that the person’s name was not in that Part of the register at the material time.

(5)If P issues any advertisement or invitation calculated to mislead with respect to the extent to which persons employed by P are registered under this Part, P is guilty of an offence unless P proves that P did not know, and had no reasonable cause to believe, that the advertisement or invitation was misleading in that respect at the time it was issued.

(6)In this section “P” means a person carrying on business in the provision of instruction in the driving of motor vehicles.]

136 Surrender of certificates and licences.E+W+S

Where—

(a)the name of a person to whom a certificate prescribed under section 135 of this Act has been issued is removed from the register in pursuance of this Part of this Act, or

(b)a licence granted under this Part of this Act to a person expires or is revoked,

that person must, if so required by the Registrar by notice in writing, surrender the certificate or licence, as the case may be, to the Registrar within the period of fourteen days beginning with that on which the notice is given and, if he fails to do so, he is guilty of an offence.

Annotations:

Modifications etc. (not altering text)

C29S. 136 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

137 Production of certificates and licences to constables and authorised persons.E+W+S

(1)A person to whom a certificate prescribed under section 135 of this Act is issued, or to whom a licence under this Part of this Act is granted, must, on being so required by a constable or any person authorised in writing by the Secretary of State in that behalf, produce the certificate or licence for examination.

(2)Where—

(a)the name of a person is removed from the register, or

(b)a licence granted under this Part of this Act to a person expires or is revoked,

then, if that person fails to satisfy an obligation imposed on him by section 136 of this Act, a constable or a person authorised in writing by the Secretary of State in that behalf may require him to produce any such certificate issued to him or the licence, and upon its being produced may seize it and deliver it to the Registrar.

(3)A person who is required under subsection (1) or (2) above to produce a document and fails to do so is, subject to subsection (4) below, guilty of an offence.

(4)In proceedings against any person for an offence under subsection (3) above, it shall be a defence for him to show that—

(a)within seven days beginning with the day following that on which the production of the document was so required, it was produced—

(i)where the requirement was made by a constable, at a police station specified at the time the production was required by the person required to produce the document,

(ii)where the requirement was made by a person other than a constable, at a place specified at that time by that person, or

(b)the document was produced at that police station or, as the case may be, place as soon as was reasonably practicable, or

(c)it was not reasonably practicable for it to be produced at that police station or, as the case may be, place before the day on which the proceedings were commenced,

and for the purposes of this subsection the laying of the information or, in Scotland, the service of the complaint on the accused shall be treated as the commencement of the proceedings.

Annotations:

Modifications etc. (not altering text)

C30S. 137 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

138 Offences by corporations.E+W+S

Where a body corporate is guilty of an offence under this Part of this Act and the offence is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or a person who was purporting to act in any such capacity, he, as well as the body corporate, is guilty of that offence and liable to be proceeded against and punished accordingly.

Annotations:

Modifications etc. (not altering text)

C31S. 138 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

139 Service of notices.E+W+S

(1)A notice authorised or required to be given by this Part of this Act to a person may be given by delivering it to him, or by leaving it at his proper address, or by sending it to him by post.

(2)For the purposes of this section and of section 7 of the Interpretation Act 1978 M6 in its application to this section, the proper address of a person shall be, in the case of a person whose name is included in the register, his address on the register, and in any other case, his usual or last known address.

Annotations:

Modifications etc. (not altering text)

C33S. 139 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

Marginal Citations

140 Receipts.E+W+S

Any sums received on account of fees payable by virtue of any provision of this Part of this Act shall be paid into the Consolidated Fund.

Annotations:

Modifications etc. (not altering text)

C35S. 140 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

141 Regulations.E+W+S

[F179(1)] The Secretary of State may make regulations for any purpose for which provision is by this Part of this Act authorised to be made by regulations [F180and for prescribing anything which may be prescribed under this Part of this Act] , and in this Part of this Act “regulations” means regulations made under this section.

[F181(2)Regulations under this section—

(a)may be expressed to apply generally or only in particular circumstances,

(b)may make different provision in relation to different cases or other circumstances or otherwise for different purposes, and

(c)may make incidental, supplementary, consequential or transitional provision or savings.]

Annotations:

Subordinate Legislation Made

P1S. 141: s. 125(3)(with ss. 127(2), 132(1)(a)(2)(b), 134 and 141) power exercised by S.I.1991/1129

P2S. 141: power previously exercised by S.I. 1989/1373, 1989/2057, 1990/1113.

Amendments (Textual)

F179S. 141(1): s. 141 renumbered as s. 141(1) (21.5.2012) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 6 para. 24(1); S.I. 2012/1357, art. 2(c)

Modifications etc. (not altering text)

C36S. 141 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

[F182141A Meaning of “motor car".E+W+S

(1)Notwithstanding section 185(1) of this Act, in this Part of this Act “motor car" means a motor vehicle (other than an invalid carriage or motor cycle)—

(a)which is not constructed or adapted to carry more than nine persons inclusive of the driver, and

(b)which has a maximum gross weight not exceeding 3.5 tonnes.

(2)In subsection (1) above “maximum gross weight" has the same meaning as in Part III of this Act.]

Annotations:

Amendments (Textual)

F182S. 141A inserted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2 Sch. 1 para. 29

Modifications etc. (not altering text)

C37S. 141A excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

142 Index to Part V.E+W+S

The expressions listed in the left-hand column below are respectively defined or (as the case may be) fall to be construed in accordance with the provisions of this Part of this Act listed in the right-hand column in relation to those expressions.

ExpressionRelevant provision
[F183[F184Appropriate motor carSection 125A(8)]]
[F185[F25EU] licenceF186...Section 125(10)]
Current licenceSection 123(7)
[F184Disability, prospective disability and relevant disabilitySection [F187125(10)]]
[F183[F184Disabled person’s limited driving licenceSection 125A(8)]]
[F184Emergency control assessment and emergency control certificateSection [F188125(10)]]
[F184Paid instructionSection 123(8)]
[F184Provisional licenceSection 123(8)]
The registerSection 123
[F183[F184Registered disabled instructorSection 125A(8)]]
The RegistrarSection 125 (2)
RegulationsSection 141
Annotations:

Amendments (Textual)

F183Entries in s. 142 omitted (8.6.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 29(2); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F184Entries in table in s. 142 inserted (9.9.1996) by 1993 c. 31, s. 6, Sch. para. 8; S.I. 1996/1980, art. 2

F185Entry in table in s. 142 inserted (1.4.1999) by S.I. 1999/357, reg. 2(5)

Modifications etc. (not altering text)

C38S. 142 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)