Road Traffic Act 1988

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 [F1 Part 1 of] the register—

(a) takes or uses a title prescribed under this section [F2 for 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 [F3 that 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 [F4 that Part of] the register at the material time.

[F5 (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.]

[F6 (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.]

Textual Amendments

F1 Words in s. 135(2) inserted (9.12.2016 until the commencement of 2006 c. 49, Sch. 6) by The Driving and Motorcycle Riding Instructors (Recognition of European Professional Qualifications) Regulations 2016 (S.I. 2016/1089), regs. 1, 2(9)(a)(i) (which amendment falls due to the omission of the affecting provision (1.12.2023) by virtue of S.I. 2023/1286, reg. 1, Sch. 4 para. 7(2)(g)(i))

F2 Words in s. 135(2)(a) inserted (9.12.2016 until the commencement of 2006 c. 49, Sch. 6) by The Driving and Motorcycle Riding Instructors (Recognition of European Professional Qualifications) Regulations 2016 (S.I. 2016/1089), regs. 1, 2(9)(a)(ii) (which amendment falls due to the omission of the affecting provision (1.12.2023) by virtue of S.I. 2023/1286, reg. 1, Sch. 4 para. 7(2)(g)(i))

F3 Words in s. 135(2)(c) inserted (9.12.2016 until the commencement of 2006 c. 49, Sch. 6) by The Driving and Motorcycle Riding Instructors (Recognition of European Professional Qualifications) Regulations 2016 (S.I. 2016/1089), regs. 1, 2(9)(a)(iii) (which amendment falls due to the omission of the affecting provision (1.12.2023) by virtue of S.I. 2023/1286, reg. 1, Sch. 4 para. 7(2)(g)(i))

F4 Words in s. 135(2) inserted (9.12.2016 until the commencement of 2006 c. 49, Sch. 6) by The Driving and Motorcycle Riding Instructors (Recognition of European Professional Qualifications) Regulations 2016 (S.I. 2016/1089), regs. 1, 2(9)(a)(iv) (which amendment falls due to the omission of the affecting provision (1.12.2023) by virtue of S.I. 2023/1286, reg. 1, Sch. 4 para. 7(2)(g)(i))

F5 S. 135(2A) inserted (9.12.2016 until the commencement of 2006 c. 49, Sch. 6) by The Driving and Motorcycle Riding Instructors (Recognition of European Professional Qualifications) Regulations 2016 (S.I. 2016/1089), regs. 1, 2(9)(b) (which amendment falls due to the omission of the affecting provision (1.12.2023) by virtue of S.I. 2023/1286, reg. 1, Sch. 4 para. 7(2)(g)(i))

F6 S. 135(3)-(6) substituted for s. 135(3) (9.12.2016 until the commencement of 2006 c. 49, Sch. 6) by The Driving and Motorcycle Riding Instructors (Recognition of European Professional Qualifications) Regulations 2016 (S.I. 2016/1089), regs. 1, 2(9)(c)

Modifications etc. (not altering text)

C1 S. 135 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)