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

PART 1 PRELIMINARY

Citation and commencement

1.  These Regulations may be cited as the Motor Cars (Driving Instruction) Regulations (Northern Ireland) 2004 and shall come into operation on 5th May 2004.

Interpretation

2.—(1) In these Regulations –

“approved driving instructor” means a person whose name is entered in the register;

“community licence” means a document issued in respect of a member State other than the United Kingdom by an authority of that or another member State (including the United Kingdom) authorising the holder to drive a motor vehicle, not being –

(a)

a document containing a statement to the effect that that or a previous document was issued in exchange for a document issued in respect of a State other than a member State, or

(b)

a document in any of the forms for an international driving permit annexed to the Paris Convention on Motor Traffic of 1926, the Geneva Convention on Road Traffic of 1949 or the Vienna Convention on Road Traffic of 1968;

“continued ability and fitness test” means the test of continued ability and fitness to give instruction in the driving of motor cars referred to in regulation 5(3) and the nature and content of which is prescribed in regulation 15;

“Department” means the Department of the Environment;

“driving ability and fitness test” means the practical test of ability and fitness to drive referred to in the definition of “examination” and the nature of which is prescribed in regulation 11;

“examination” means the examination of ability to give instruction in the driving of motor cars and for the purpose of these Regulations shall consist of the test of driving theory and hazard perception, the driving ability and fitness test and the instructional ability and fitness test;

“examiner”, in relation to part of the examination or the continued ability and fitness test, means an officer of the Department appointed to conduct that part of the examination or that test;

“instructional ability and fitness test” means the practical test of ability and fitness to give instruction in the driving of motor cars referred to in the definition of “examination” and the nature of which is prescribed in regulation 12;

“the Order of 1981” means the Road Traffic (Northern Ireland) Order 1981;

“the Order of 1996” means the Road Traffic Offenders (Northern Ireland) Order 1996(1);

“the register” means the register of approved driving instructors referred to in Article 132(1) of the Order of 1981;

“the Registrar” means the officer of the Department by whom the register is, on behalf of the Department, compiled and maintained;

“theory test” means the test of driving theory and hazard perception referred to in the definition of “examination” the nature of which is prescribed in regulation 10; and

“trainee licence” means a licence to give driving instruction granted under Article 135(1) of the Order of 1981;

(2) In these Regulations a reference to a part of the examination is a reference to one of the 3 parts of the examination set out in the definition of “examination” in paragraph (1).

(1)

S.I. 1996/1320 (N.I. 10)