The Motor Cars (Driving Instruction) (Amendment) Regulations 2005

Statutory Instruments

2005 No. 2716

ROAD TRAFFIC

The Motor Cars (Driving Instruction) (Amendment) Regulations 2005

Made

29th September 2005

Laid before Parliament

6th October 2005

Coming into force

1st November 2005

The Secretary of State for Transport, in exercise of the powers conferred by sections 132(1), (2)(c) and 134(a) of the Road Traffic Act 1988(1), hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Motor Cars (Driving Instruction) (Amendment) Regulations 2005 and shall come into force on 1st November 2005.

Amendment of the Motor Cars (Driving Instruction) Regulations 2005

2.  The Motor Cars (Driving Instruction) Regulations 2005(2) are amended in accordance with regulations 3 and 4.

3.  In regulation 8(5), for “throughout the test” there shall be substituted “,when the examiner is playing the role referred to in regulation 7(1)(a) or (b),”.

4.  In regulations 10(2)(c) and 11(2)(c) after “or other form of assessment” there shall in both cases occurring be inserted “(where such test or assessment was conducted by any person for the Secretary of State)”.

Signed by authority of the Secretary of State

S J Ladyman

Minister of State

Department for Transport

29th September 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Motor Cars (Driving Instruction) Regulations 2005 (“the principal Regulations”).

Regulation 3 amends regulation 8 of the principal Regulations so as to require that during the practical instructional ability and fitness test, the car provided for the test must be fitted with “L” plates only while the examiner is playing the role of a novice or partly trained pupil or pupil who is at about driving test standard. There is no longer any requirement for “L” plates when the examiner is playing the role of a qualified driver undertaking driver development training.

Regulation 4 concerns the type of hazard perception tests that the Registrar can take into account for the purpose of enabling him to decide whether or not to retain the name of an approved driving instructor on the register under section 128(1) of the Road Traffic Act 1988. The regulation amends the principal Regulations so that the Registrar can take only take into account hazard perception tests equivalent to the tests specified in those Regulations where such tests are conducted by any person for the Secretary of State.

These Regulations are made in conjunction with the Motor Vehicles (Driving Licences) (Amendment) (No 2) Regulations 2005. A combined full regulatory impact assessment of the effect that these amendments will have on the costs of business is available from the Driving Standards Agency, Stanley House, Talbot Street, Nottingham NG1 5GU. The regulatory impact assessment may also be accessed on the Office of Public Sector Information website www.opsi.gov.uk and on the Driving Standards Agency’s web-site at www.dsa.gov.uk.

(1)

1988 c. 52; section 132(1) and (2)(c) was amended by the Transport Act 2000 (c. 38), Schedule 29, paragraph 9.

(2)

S.I. 2005/1902