The Motor Cars (Driving Instruction) (Amendment) Regulations 2015

Regulation 3

SCHEDULE Transitional provisions

Interpretation

1.  In this Schedule—

“the Act” means the Road Traffic Act 1988;

“the 2005 Regulations” means the Motor Cars (Driving Instruction) Regulations 2005;

“certificate of registration” means a certificate issued in accordance with regulation 18 of the 2005 Regulations;

“Commencement Date” means that date on which these Regulations come into force in accordance with regulation 1(2).

Validity of licences and certificates of registration

2.  The amendments made by regulation 2 of these Regulations do not affect the continuing validity of any unexpired licence or certificate of registration that is the form prescribed by Part 2 of Schedule 4 or Part 2 of Schedule 5 to the 2005 Regulations in the form those Regulations stood immediately before the Commencement Date and, unless they are revoked, such licences and certificates of registration will continue to be valid until such a time as they would have expired had these Regulations not been made.

Applications for licences and certificates of registration

3.  Where—

(a) prior to the Commencement Date, a person made an application for a licence or certificate of registration, or for the renewal or replacement of a licence or certificate of registration, where that licence or certificate of registration would have taken the form of the licence or certificate of registration prescribed in Schedule 4 Part 2 or Schedule 5 Part 2 of the 2005 Regulations; and

(b) at the Commencement Date the licence or certificate of registration has not yet been issued,

that person’s application will be treated as an application for a licence or certificate of registration in the form prescribed by Schedule 4 or Schedule 5 to the 2005 Regulations, as amended by these Regulations.

Time limits for requirements to take an emergency control assessment where requirement was made prior to the Commencement Date

4.  Where—

(a) prior to the Commencement Date a person was required to take an emergency control assessment in accordance with sections 125B(6)(a) or 133B(2) of the Act (in the form those sections stood immediately before the Commencement Date); and

(b) that person had not taken that emergency control assessment before the Commencement Date,

that person will continue to have a four month period from the date that the Registrar imposed that requirement to undertake that emergency control assessment, notwithstanding any shorter period prescribed in these Regulations.

Time periods between failed emergency control assessments and further attempts

5.  Where, prior to the Commencement Date—

(a) a person was required to take an emergency control assessment which they took and failed, that person may, on or after the Commencement Date, apply to take a further emergency control assessment in the circumstances prescribed in regulation 16B(2)(a) if they fulfil the conditions in regulation 16B(2)(a)(i) and (ii);

(b) in any other case—

(i) where a person who was registered as a disabled driving instructor was required to take an emergency control assessment, which they took and failed, that person may, on or after the Commencement Date, apply to take a further emergency control assessment in the circumstances prescribed in regulation 16B(2)(b)(i) of the 2005 Regulations;

(ii) where a person who held a trainee licence, or was in the process of applying to be registered as a disabled driving instructor, failed an emergency control assessment that person may, on or after the Commencement Date, apply to take a further emergency control assessment in the circumstances prescribed in regulation 16B(2)(b)(ii) of the 2005 Regulations;

(iii) where a person who was in the process of applying for a licence was required to take an emergency control assessment, which they took and failed, that person may, on or after the Commencement Date, apply to take a further emergency control assessment in the circumstances prescribed in regulation 16B(2)(b)(iii) of the 2005 Regulations.