Road Traffic Act 1988

125 The register of approved instructors. E+W+S

(1) The compilation and maintenance of the register shall continue by virtue of this Act.

(2) An application for the entry of a person’s name in the register must be made, in manner determined by the Secretary of State, accompanied by particulars so determined, to the officer of the Secretary of State (in this Part of this Act referred to as “the Registrar”) by whom the register is, on behalf of the Secretary of State, compiled and maintained.

[F1 (2A) If an applicant is aware that he is suffering from a relevant or prospective disability, his application under subsection (2) must be accompanied by written notification of the nature and extent of his disability.

(2B) Any person who fails without reasonable excuse to comply with the requirement imposed by subsection (2A) is guilty of an offence.

(2C) The Registrar may, in the circumstances mentioned in subsection (2D), require an applicant to submit himself for an emergency control assessment (whether or not the applicant already holds an emergency control certificate) in connection with his application under subsection (2).

(2D) Those circumstances are that the Registrar has reasonable grounds for believing that the person would be unable to take control of a motor car of a prescribed class if an emergency arose while he was giving driving instruction in such a motor car.]

(3) Where a person duly applies for the entry of his name in the register, the Registrar must, on payment of such fee, if any, as may be prescribed by regulations, enter his name in the register if he satisfies the Registrar that the following conditions are fulfilled in his case—

(a) he has passed such examination of ability to give instruction in the driving of motor cars (consisting of a written examination, a practical test of ability and fitness to drive and a practical test of ability and fitness to instruct) as may be so prescribed,

[F2 (b) he is the holder of–

(i) a current licence to drive a motor car (not being a provisional licence) granted under Part III of this Act,

(ii) a current licence to drive a motor car (not being a licence corresponding to a provisional licence) granted under the law in force in Northern Ireland, or

(iii) a Community licence by which he is authorised to drive a motor car in Great Britain F3 ...,]

(c) during the period of six years ending with the day on which the application is made, the periods (if any) for which he did not hold one or more of the following licences, that is—

(i) a current licence of one of the kinds mentioned in paragraph (b) above, and

[F4 (ii) a current foreign licence, that is to say a document issued under the law of a country or territory other than an EEA State (within the meaning of Part III of this Act F5 ), authorising the holder to drive a motor car in that country or territory.]

did not amount in aggregate to more than two years,

(d) he has not, during any part of the period of four years ending with the day on which the application is made, been disqualified under section 34 or 36 of the M1 Road Traffic Offenders Act 1988 for holding or obtaining a licence to drive a motor vehicle granted under Part III of this Act, [F6 and]

[F7 (da) in the case of an applicant who has been required under subsection (2C) to submit himself for an emergency control assessment, he holds a current emergency control certificate, and]

(e) apart from fulfilment of the preceding conditions, he is a fit and proper person to have his name entered in the register.

[F8 (3A) Where the Registrar is satisfied that a person who has applied under subsection (3) is entitled to give paid instruction in the driving of motor cars by virtue of Part 3 of the European Union (Recognition of Professional Qualifications) Regulations 2015 (S.I. 2015/2059)—

(a) the Registrar may not impose a requirement on the applicant under subsection (2C) if the Registrar is satisfied that the applicant holds a current certificate or other document that, under the law of the State that is the applicant’s home State for the purposes of those regulations, is of corresponding effect to an emergency control certificate, and

(b) subsection (3)(a) does not apply in relation to the applicant.]

[F9 (3B) Where the Registrar is satisfied that a person who has applied under subsection (3) is entitled to give paid instruction in the driving of motor cars by virtue of Part 2 of the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023—

(a) the Registrar may not impose a requirement on the applicant under subsection (2C) if the Registrar is satisfied that the applicant holds a current certificate or other document that, under the law of one of the specified states set out in Schedule 1 to those Regulations, is of corresponding effect to an emergency control certificate, and

(b) subsection (3)(a) does not apply in relation to the applicant.]

(4) At any time when a person who held a current licence of one of the following kinds, that is—

(a) a licence to drive a motor car granted under Part III of this Act, being a provisional licence, and

(b) a licence to drive a motor car (being a licence corresponding to a provisional licence) granted under the law in force in Northern Ireland,

had passed the test of competence to drive a motor car prescribed by virtue of section 89(3) of this Act or the corresponding law in force in Northern Ireland, he shall be regarded for the purposes of paragraph (c) of subsection (3) above as having held a current licence of one of the kinds mentioned in paragraph (b) of that subsection.

(5) The entry of a person’s name in the register shall be subject to the [F10 following conditions—

(a) that, so long as his name is on the register, the person will, if at any time required to do so by the Registrar, submit himself for—

(i) 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;

(ii) an emergency control assessment (whether or not the person already holds an emergency control certificate) on the day (within such period as may be prescribed) and at the place specified by the Registrar; and

(b) that, so long as his name is on the register, if instruction in the driving of a motor car is to be given in circumstances where there is a reasonable expectation of an emergency arising which necessitates the instructor taking control of the motor car, the person will only give such instruction if he would be able to take control of the motor car if such an emergency arose while he was giving the instruction.]

[F11 (5A) The Registrar may impose a requirement as mentioned in subsection (5)(a)(ii) only in the circumstances mentioned in subsection (2D).]

(6) Regulations may provide that persons of such class as may be specified in the regulations shall be exempt from the condition mentioned in subsection (3)(a) above as regards such part of the examination mentioned in that paragraph as may be so specified.

(7) If the Secretary of State is satisfied that satisfactory provision is made by the law of Northern Ireland for the establishment of a register containing the names of persons qualified under that law to give instruction in the driving of motor cars, a person who satisfies the Registrar—

(a) that his name is in the register established under that law, and

(b) that he is resident in Great Britain,

shall be exempt from the condition mentioned in subsection (3)(a) above.

[F12 (7A) A person shall be exempt from the condition mentioned in subsection (3)(da) if—

(a) the Secretary of State is satisfied that satisfactory provision is made by the law of Northern Ireland for purposes corresponding to section 133A, and

(b) the person satisfies the Registrar that he holds a current certificate granted under that law which corresponds to an emergency control certificate granted under section 133A.]

(8) The Registrar must, on making a decision on an application under subsection (2) above, give notice in writing of the decision to the applicant which, in the case of a decision to refuse the application, must state the grounds for the refusal.

[F13 (8A) Subsection (8B) applies if—

(a) a person undergoes an emergency control assessment in accordance with a requirement imposed under subsection (2C) or as mentioned in subsection (5)(a)(ii),

(b) the assessor refuses to grant the applicant an emergency control certificate, and

(c) as a result the person is not registered, or the person's name is removed from the register (as the case may be).

(8B) The person may not make a further application for registration before the end of—

(a) the period of 6 months beginning with the date of the emergency control assessment mentioned in subsection (8A)(a), or

(b) such other period as may be prescribed,

unless the Registrar is satisfied that there is good reason for permitting such an application before the end of that period.]

[F14 (9) [F15 Subsections (2) to (8) above do not apply in relation to an application by a person to have his name entered in the register as that of a disabled instructor and to his entry in the register as such.]]

[F16 (10) In this Part of this Act[F17 —

• “Community licence” has the same meaning as in Part 3 of this Act;

• “disability” means a want of physical ability affecting the driving of motor cars; and

  (a)

  “relevant disability”, in relation to a person, means any prescribed disability or any other disability likely to cause the driving of a motor car by him to be a source of danger to the public;

  (b)

  “prospective disability”, in relation to a person, means any other disability which, at the material time, is not of such a kind that it is a relevant disability but, by virtue of the intermittent or progressive nature of the disability or otherwise, may become a relevant disability in the course of time;

• “emergency control assessment” and “emergency control certificate” mean an assessment and a certificate under section 133A.”]]

Textual Amendments

F1 S. 125(2A)-(2D) inserted (8.6.2015) by Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 17(2); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F2 S. 125(3)(b) substituted (1.4.1999) by S.I. 1999/357, reg. 2(2)(a)

F3 Words in s. 125(3)(b)(iii) omitted (8.6.2015) by virtue of The Road Safety Act 2006 (Consequential Amendments) Order 2015 (S.I. 2015/583), art. 1(1), Sch. 2 para. 2(c)(i)

F4 S. 125(3)(c)(ii) substituted (1.4.1999) by S.I. 1999/357, reg. 2(2)(b)

F5 See section 108(1), the relevant amendments being by the Driving Licences (Community Driving Licence) Regulations 1996 (S.I. 1996/1974).

F6 Word in s. 125(3)(d) omitted (8.6.2015) by Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 17(3)(a); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F7 S. 125(3)(da) inserted (8.6.2015) by Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 17(3)(b); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F8 S. 125(3A) inserted (9.12.2016 until the commencement of 2006 c. 49, Sch. 6) by The Driving and Motorcycle Riding Instructors (Recognition of European Professional Qualifications) Regulations 2016 (S.I. 2016/1089), regs. 1, 2(4)(f) (with reg. 5)

F9 S. 125(3B) inserted (until the commencement of 2006 c. 49, Sch. 6) by S.I. 2016/1089, reg. 2(4)(fa) (as inserted (1.12.2023) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 3 para. 97(2)(a))

F10 S. 125(5)(a)(b) and words substituted for words (8.6.2015) by Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 17(4); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F11 S. 125(5A) inserted (8.6.2015) by Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 17(5); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F12 S. 125(7A) inserted (8.6.2015) by Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 17(6); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F13 S. 125(8A)(8B) inserted (8.6.2015) by Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 17(7); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F14 S. 125(9) substituted (9.9.1996) by 1993 c. 31, ss. 6, Sch. para. 3; S.I. 1996/1980, art. 2

F15 S. 125(9) omitted (8.6.2015) by Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 17(8); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F16 S. 125(10) inserted (1.4.1999) by S.I. 1999/357, reg. 2(2)(c)

F17 Words in s. 125(10) substituted (8.6.2015) by Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 17(9); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

Modifications etc. (not altering text)

C1 S. 125 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

C2 S. 125 modified (10.8.2005) by The Motor Cars (Driving Instruction) Regulations 2005 (S.I. 2005/1902), reg. 9

C3 S. 125(3)(d) extended by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 5, Sch. 4 para. 7(2)

Marginal Citations

M1 1988 c. 53.