Road Traffic (Northern Ireland) Order 1981

Approved driving instructors N.I.

132.—(1) The Department may compile and maintain a register of persons approved by the Department as qualified to give instruction in the driving of motor vehicles (in this Article and in Articles 133 to [F1 137] referred to as the register of approved driving instructors).

(2) The Department may make regulations with respect to the form, compilation and maintenance of the register of approved driving instructors, the making or renewal of entries in and the removal of entries from the register, and, in particular—

(a) prescribing, with the approval of the Department of Finance, a fee to be paid on each application for registration or renewal of registration;

(b) prescribing a form of examination (which may consist of more than one part) or test or both to be taken by each applicant as a condition of approval or continued approval for the purposes of registration or renewal of registration;

(c) requiring an applicant submitting himself for any examination or test to provide any vehicle which may be required for the purposes of the examination or test;

(d) requiring an applicant submitting himself for any examination (or any part of any examination) or test to pay such fee as may be prescribed with the approval of the Department of Finance;

(e) providing for the repayment in such circumstances as may be prescribed of any fee paid under sub-paragraph ( a) or ( d);

(f) providing special exemptions in connection with the registration of persons not residing in Northern Ireland or persons becoming resident in Northern Ireland;

(g) prescribing an official title or description for use by persons registered in the register and the form, colour and design of a badge or the form of a certificate which may be worn or, as the case may be, displayed by such persons;

(h) making such other incidental or supplementary provision as the Department may think expedient for the purpose of giving effect to this Article.

(3) Any person who—

(a) not being registered in the register, takes or uses a title or description prescribed by regulations made under paragraph (2), or wears or displays a badge or certificate so prescribed, or takes or uses any name, title, addition or description implying that he is so registered; or

(b) being a person carrying on business in the provision of instruction in the driving of motor vehicles, uses a title or description so prescribed in relation to any person employed by him who is not so registered, or issues any advertisement or invitation calculated to mislead with respect to the extent to which persons so registered are employed by him,

shall, subject to paragraph (4), be guilty of an offence under this Order.

(4) In proceedings against any person for an offence under paragraph (3)( a) or for an offence under paragraph (3)( b) in relation to a person employed by him, it shall be a defence for the person charged to prove that he did not know, and had no reasonable cause to believe, that he, or, as the case may be, the person employed by him, was not at the material time registered in the register of approved driving instructors.

(5) Any person who knowingly makes a false statement or withholds material information for the purpose of securing registration, renewal of registration or continued registration in the register of approved driving instructors shall be guilty of an offence under this Order.

F1 1996 NI 10