The Motor Vehicles (Driving Instruction) (Amendment) (Coronavirus) Regulations (Northern Ireland) 2021

Statutory Rules of Northern Ireland

2021 No. 137

Road Traffic And Vehicles

The Motor Vehicles (Driving Instruction) (Amendment) (Coronavirus) Regulations (Northern Ireland) 2021

Made

26th May 2021

Coming into operation

31st May 2021

The Department for Infrastructure(1), makes the following Regulations in exercise of the powers conferred by Articles 62(1) and 76 of the Road Traffic (Northern Ireland) Order 2007(2) and now vested in it(3).

Citation and commencement

1.  These Regulations may be cited as the Motor Vehicles (Driving Instruction) (Amendment) (Coronavirus) Regulations (Northern Ireland) 2021 and shall come into operation on 31^st May 2021.

Amendment of the Motor Vehicles (Driving Instruction) Regulations

2.  In the Motor Vehicles (Driving Instruction) Regulations (Northern Ireland) 2010(4), in regulation 7 (general provisions), after paragraph (4) insert—

“(4A) Notwithstanding paragraph (4)(c), a person may make an application to take the instructional ability and fitness test for the relevant vehicle category within three years after passing the theory test and having passed the driving ability and fitness test or the riding ability and fitness test, as the case may be, where the two year period would otherwise have expired or would otherwise expire between 31^st May 2020 and 31^st August 2021.”.

Sealed with the Official Seal of the Department for Infrastructure on 26^th May 2021

Chris Hughes

A senior officer of the Department for Infrastructure

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Motor Vehicles (Driving Instruction) Regulations (Northern Ireland) 2010 (“the 2010 Regulations”) in order to extend, in certain circumstances, the length of time that a person has to apply for the instructional ability and fitness test after passing the driving instructor theory test given the suspension of practical driver testing due to the COVID-19 (coronavirus) public health emergency.

Regulation 7 of the 2010 Regulations provides that a person taking the examination to be an approved driving or motorcycle instructor must apply to take the instructional ability and fitness test within two years after passing the theory test and having passed the driving ability and fitness test or the riding ability and fitness test, as the case may be. These regulations amend regulation 7 in order to allow a person to apply for the instructional ability and fitness test within three years after passing the theory test and having passed the driving ability and fitness test or the riding ability and fitness test, as the case may be, where the two year period would have expired or would expire between 31^st May 2020 and 31^st August 2021.

An Explanatory Memorandum has been produced and is available from Safe and Accessible Travel Division, Department for Infrastructure, Clarence Court, 10-18 Adelaide Street, Town Parks, Belfast BT2 8GB or online alongside this Regulation at http//www.legislation.gov.uk/nisr

(1)

Formerly the Department for Regional Development; see section 1(6) and (11) of, and Schedule 1 to, the Departments Act (Northern Ireland) 2016 (2016 c. 5 (N.I.)). Pursuant to section 1(9) of that Act, the Department of the Environment is dissolved

(2)

S.I. 2007/916 (N.I. 10)

(3)

See Article 8(1)(b) of, and Part 2 of Schedule 5 to, the Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016 No. 76)

(4)

S.R. 2010 No. 227; relevant amending Regulations are S.R. 2010 No. 367