The Road Traffic (Northern Ireland) Order 2007

Introductory

Interpretation of this Part

46.—(1) For the purposes of this Part persons may carry on business in the provision of driving instruction in any way, including in particular–

(a)by giving instruction themselves;

(b)by arranging for the giving of driving instruction by their employees; or

(c)by arranging for the giving of driving instruction by persons who are franchisees under driving instruction franchises under which they are the franchisor.

(2) In this Part “a driving instruction franchise” is an agreement under which one party (“the franchisor”) grants to another party (“a franchisee”) rights consisting of or including the right to use a particular trading name, style or design in the carrying on of business in the giving of driving instruction.

(3) In this Part references to “the franchisor” and “a franchisee”, in relation to a driving instruction franchise, shall be construed accordingly.

(4) In this Part “current”, in relation to a licence or certificate, means one which has not expired and has not been cancelled, revoked or suspended.

(5) In this Part–

(a)“Community licence” and “counterpart”, in relation to a Community licence;

(b)“provisional licence”; and

(c)“motor vehicle”;

have the same meanings as in the Order of 1981.

(6) In this Part–

“prescribed” means prescribed by regulations;

“regulations” means regulations made by the Department.

Expressions defined in this Part

47.  The expressions listed in the left-hand column below are respectively defined or (as the case may be) fall to be construed in accordance with the provisions of this Part listed in the right-hand column in relation to those expressions.

ExpressionRelevant provision
Appropriate motor vehicleArticle 53(13)
Carry on business in the provision of driving instructionArticle 46(1)
Community licence and counterpartArticle 46(5)
Current (in relation to a licence or certificate)Article 46(4)
Disability, prospective disability and relevant disabilityArticle 53(13)
Disabled person’s limited driving licenceArticle 53(13)
Driving instructionArticle 48(3)
Driving instruction franchise (and franchisor and franchisee)Article 46(2) and (3)
Emergency control assessment and emergency control certificateArticle 53(13)
Modifications, in relation to a motor vehicleArticle 53(13)
Paid instructionArticle 48(5) and (6)
PrescribedArticle 46(6)
Provisional licenceArticle 46(5)
Registered and registrationArticle 48(7)
The registerArticle 48(8)
Registered disabled instructorArticle 53(13)
The RegistrarArticle 51(2)
RegulationsArticle 46(6)
Relevant instructor examinationArticle 63(2)