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Road Safety Act 2006

New section 123: Requirement of registration

139.Subsection (1) provides that driving instructors have to be registered if they give paid instruction of any prescribed description. This enables the existing provision regarding paid driving instruction in the driving of motor cars to be extended, by regulation, to other motor vehicle types in addition to motor cars, for example, driving instruction in respect of lorries, buses and motorcycles. The subsection furthermore extends the current registration requirement by requiring not only those persons who give paid instruction but also those who carry on a business of providing paid driving instruction of a prescribed description (such as franchise operations), to be registered. "Driving instruction" is accordingly given a wider meaning by subsection (3) andsubsections (5) and (6) make provision about what "paid instruction" means.

140.Subsection (2) sets out the requirement for all persons giving paid driving instruction or carrying on business in the provision of paid driving instruction to display evidence of their registration as required by regulation e.g. in a classroom.

141.Subsection (4) provides that regulations prescribing a description of driving instruction may describe it by reference to the class of motor vehicle (for example, bus or lorry), the person to whom the instruction is given (for example, provisional or full licence holder) and the nature of the instruction or where and how it is given (for example, on or off-road). Currently only instruction given in a motor car is caught by the provisions of Part 5 of the RTA.

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