Road Traffic Act 1988

F1 125B Provisions supplementary to section 125A. E+W+S

(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 [F2 (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:

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Amendments (Textual)

F1 S. 125B inserted (9.9.1996) by 1993 c. 31, s. 1; S.I. 1996/1980, art. 2

F2 Words 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