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Change 1
As published
SCHEDULE 29 Driver training and driving instructors: minor and consequential amendments
Section 260.
Introductory
1 The Road Traffic Act 1988 has effect subject to the following amendments.
Consequential amendments about driver training
6 In section 194 (index of expressions) insert at the appropriate place—
Driver training course | Section 99ZA
.
Tests of continued ability and fitness to give driving instruction
7 In section 125(5) (continuing registration conditional on undergoing tests of continued ability and fitness to give instruction), for the words from “undergo” to the end substitute “ submit himself for such test of continued ability and fitness to give instruction in the driving of motor cars (which may consist of practical and other means of assessment) as may be prescribed by regulations. ”
8 In section 125B(6)(b) (similar provision in relation to disabled instructors), after “cars” insert “ (which may consist of practical and other means of assessment) ”.
9 (1) Section 132 (regulations about examinations and tests) is amended as follows.
(2) In subsection (1), for “such instruction” substitute “ instruction in the driving of motor cars (or appropriate motor cars) ”.
(3) In subsection (2)—
(a) in paragraph (a) (obligation to provide vehicle)—
(i) for “to any” substitute “ for any ”,
(ii) for “such a test of continued ability and fitness” substitute “ any part of such a test of continued ability and fitness which consists of practical assessment ”, and
(iii) for “the test” substitute “ the practical test or assessment ”,
(b) in paragraph (b) (fees)—
(i) after “examination” insert “ , or required to submit himself for such a test, ”, and
(ii) after “that part” insert “ or such tests, ”, and
(c) in paragraph (c) (particulars), after “examination” insert “ , or is required to submit himself for such a test ”.
Disabled instructors: emergency control assessments
10 In section 133A (assessments of disabled person’s ability to control a motor car in an emergency), after subsection (4) insert—
(4A) Regulations may require a person who applies to undergo an emergency control assessment (or a part of such an assessment), or is required to submit himself for such an assessment, to pay a fee to the Secretary of State.
Review by magistrates’ court of examinations of instructors
11 (1) Section 133 (review of examinations) is amended as follows.
(2) In subsection (1) (application to magistrates’ court)—
(a) for “submitted himself for any part of an examination of ability to give instruction in the driving of motor cars” substitute “ undergone a relevant examination, or a part of such an examination ”, and
(b) for “that part of the examination was properly conducted in accordance with regulations” substitute “ the examination or part was properly conducted ”.
(3) In subsection (2) (order for repayment of fees etc.)—
(a) for “that part of the examination was not so” substitute “ the examination or part was not properly ”, and
(b) for “that part” substitute “ the examination or part ”.
(4) After subsection (3) insert—
(4) In this section “a relevant examination” means—
(a) an examination of ability to give instruction in the driving of motor cars,
(b) a test of continued ability and fitness to give instruction in the driving of motor cars (or appropriate motor cars), or
(c) an emergency control assessment.
Respondent in appeals about instructors
12 In section 131 (appeals against decisions of registrar), insert at the end—
(4G) On an appeal under this section the respondent is the Registrar.
Your change, as a redline
SCHEDULE 29 Driver training and driving instructors: minor and consequential amendments
Section 260.
Introductory
1 The Road Traffic Act 1988 has effect subject to the following amendments.
Consequential amendments about driver training
6 In section 194 (index of expressions) insert at the appropriate place—
Driver training course | Section 99ZA
.
Tests of continued ability and fitness to give driving instruction
7 In section 125(5) (continuing registration conditional on undergoing tests of continued ability and fitness to give instruction), for the words from “undergo” to the end substitute “ submit himself for such test of continued ability and fitness to give instruction in the driving of motor cars (which may consist of practical and other means of assessment) as may be prescribed by regulations. ”
8 In section 125B(6)(b) (similar provision in relation to disabled instructors), after “cars” insert “ (which may consist of practical and other means of assessment) ”.
9 (1) Section 132 (regulations about examinations and tests) is amended as follows.
(2) In subsection (1), for “such instruction” substitute “ instruction in the driving of motor cars (or appropriate motor cars) ”.
(3) In subsection (2)—
(a) in paragraph (a) (obligation to provide vehicle)—
(i) for “to any” substitute “ for any ”,
(ii) for “such a test of continued ability and fitness” substitute “ any part of such a test of continued ability and fitness which consists of practical assessment ”, and
(iii) for “the test” substitute “ the practical test or assessment ”,
(b) in paragraph (b) (fees)—
(i) after “examination” insert “ , or required to submit himself for such a test, ”, and
(ii) after “that part” insert “ or such tests, ”, and
(c) in paragraph (c) (particulars), after “examination” insert “ , or is required to submit himself for such a test ”.
Disabled instructors: emergency control assessments
10 In section 133A (assessments of disabled person’s ability to control a motor car in an emergency), after subsection (4) insert—
(4A) Regulations may require a person who applies to undergo an emergency control assessment (or a part of such an assessment), or is required to submit himself for such an assessment, to pay a fee to the Secretary of State.
Review by magistrates’ court of examinations of instructors
11 (1) Section 133 (review of examinations) is amended as follows.
(2) In subsection (1) (application to magistrates’ court)—
(a) for “submitted himself for any part of an examination of ability to give instruction in the driving of motor cars” substitute “ undergone a relevant examination, or a part of such an examination ”, and
(b) for “that part of the examination was properly conducted in accordance with regulations” substitute “ the examination or part was properly conducted ”.
(3) In subsection (2) (order for repayment of fees etc.)—
(a) for “that part of the examination was not so” substitute “ the examination or part was not properly ”, and
(b) for “that part” substitute “ the examination or part ”.
(4) After subsection (3) insert—
(4) In this section “a relevant examination” means—
(a) an examination of ability to give instruction in the driving of motor cars,
(b) a test of continued ability and fitness to give instruction in the driving of motor cars (or appropriate motor cars), or
(c) an emergency control assessment.
Respondent in appeals about instructors
12 In section 131 (appeals against decisions of registrar), insert at the end—
(4G) On an appeal under this section the respondent is the Registrar.
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