Motor Cars (Driving Instruction) Regulations (Northern Ireland) 2004

Explanatory Note

(This note is not part of the Regulations.)

1.  These Regulations consolidate with amendments the Motor Cars (Driving Instruction) Regulations (Northern Ireland) 1991 and the Regulations which amended them as specified in Schedule 5 to these Regulations.

2.  The principal amendments are as follows –

(a) a Community Licence which authorises its holder to drive a motor car in Northern Ireland is an acceptable licence for registration purposes (regulation 5(1)(c)(iii));

(b) a person may have his name removed from the register of approved driving instructors if he fails to appear for the test of continued ability and fitness to give instruction on more than two occasions (regulation 8(1));

(c) where a person has failed the theory test on his third attempt he shall not be eligible to take it again for a period of two years commencing on the date of the first attempt (regulation 9(3));

(d) the test of driving technique shall, so far as possible, be conducted both on urban roads and on roads of different classes outside built-up areas (regulation 11(3));

(e) in the test of driving ability the candidate taking the test of driving ability is required to demonstrate their ability to carry out activities relating to vehicle safety (regulation 11(4));

(f) the vehicle used in the driving ability and fitness test or the instructional ability and fitness test must have appropriate seat belts fitted to the front and rear seats and be fitted with an interior rear view mirror providing adequate rearward vision from the front passenger seat. The vehicle must also have head restraints fitted and must have an additional interior rear view mirror which can be used from the passenger seat (regulation 13);

(g) a person submitting himself for the driving ability and fitness test or the instructional ability and fitness test must produce an appropriate licence specified in regulation 5(1)(c) or photographic identification specified in Schedule 4 (regulation 14);

(h) a candidate failing to pass the continued ability and fitness test shall be required to undergo a further such test within fourteen weeks from the date of that failure (regulation 15(7));

(i) additional conditions to be satisfied for the grant of a licence are imposed; namely that an applicant should have passed the theory test and the driving ability and fitness test and not failed the instructional ability and fitness test on two occasions in order to be granted a licence (regulation 17);

(j) a new condition is imposed subject to which a licence may be granted, namely that the record of one fifth supervision be maintained for the entire six month period of the trainee licence (but not a substitute licence) (regulation 21); and

(k) new provision is made relating to the repayment of fees under certain circumstances (regulation 26).