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Road Safety Act 2006

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This is the original version (as it was originally enacted).

Road Traffic Act 1988 (c. 52)

This section has no associated Explanatory Notes

6(1)Section 125A (registration of disabled persons) is amended as follows.

(2)For subsection (1) substitute—

(1)A person may apply to the Registrar to be registered as a disabled instructor in respect of the giving of instruction in the driving of a motor vehicle of a prescribed description in such a motor vehicle if he—

(a)suffers from a disability or prospective disability affecting the driving of motor vehicles of that description,

(b)holds a current disabled person’s limited driving licence relating to motor vehicles of that description, and

(c)holds a current emergency control certificate specifying motor vehicles of that description.

(3)For subsections (5) to (7) substitute—

(5)Where a person duly applies to be registered as a disabled instructor in respect of the giving of instruction in the driving of a motor vehicle of a prescribed description in such a motor vehicle, the Registrar must (subject to section 125B(4) of this Act) so register him if he satisfies the Registrar that the conditions prescribed under this subsection are fulfilled.

(6)Those conditions may (in particular) include—

(a)conditions requiring the person to have passed such examinations of ability and fitness to give driving instruction of that description as may be prescribed under section 132 of this Act,

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

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

(7)A person may be so registered subject to fulfilling the conditions prescribed under this subsection for so long as he continues to be so registered.

(7A)Those conditions may (in particular) include—

(a)conditions requiring the person, if at any time required to do so by the Registrar, to submit himself for such examinations of continued ability and fitness to give driving instruction of that description as may be prescribed under section 132 of this Act,

(b)conditions requiring the person to have passed those examinations,

(c)conditions requiring the person, if at any time required to do so by the Registrar, to submit himself for a further emergency control assessment on the day (within such period as may be prescribed) and at the place specified by the Registrar,

(d)conditions within subsection (6)(b) and (c) above, and

(e)conditions requiring the person to follow guidance issued by the Registrar as to the giving of instruction in the driving of a motor vehicle of a prescribed description in such a motor vehicle.

(7B)The conditions prescribed under subsection (5) or (7) above may (in particular) include a condition that persons are fit and proper persons to be, or to continue to be, registered.

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

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

(7E)Regulations may make provision authorising the Secretary of State to make available information about persons registered under this section.

(4)In subsection (8)—

(a)for the definition of “appropriate motor car” substitute—

“appropriate motor vehicle” means, subject to section 125B(2) of this Act, a motor vehicle equipped with automatic transmission;,

(b)in the definition of “disability”, for “means a want of physical ability affecting the driving of motor cars” substitute “, in respect of motor vehicles of any description, means a want of physical ability affecting the driving of motor vehicles of that description”,

(c)in the definition of “relevant disability”, for “car” substitute “vehicle of the description in question”,

(d)in the definition of “disabled person’s limited driving licence”, for “car”, in each place, substitute “vehicle”,

(e)in the definition of “modifications”, for “car” substitute “vehicle”,

(f)in the definition of “registered disabled instructor”, for “whose name is in the register with an indication that he is disabled” substitute “registered as a disabled instructor in respect of instruction in the driving of a motor vehicles of a prescribed description given in a motor vehicle of that description”, and

(g)in the words following that definition, for “car”, in both places, substitute “vehicle”.

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