(1)A licence under this section is granted for the purpose of enabling a person to acquire practical experience in giving instruction in driving motor cars with a view to undergoing [F1such part of the examination referred to in section 125(3)(a) as consists of a practical test of ability and fitness to instruct].
[F2(1A)An application for a licence to give paid instruction in the driving of a motor car must be made to the Registrar, in the manner determined by the Secretary of State, accompanied by particulars so determined.
(1B)The Registrar may, in the circumstances mentioned in subsection (1C), require the applicant to submit himself for an emergency control assessment in connection with the application.
(1C)Those circumstances are that the Registrar has reasonable grounds for believing that the person in question 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.]
[F3(2)Where a person duly applies for a licence, the Registrar must, on payment of such fee, if any, as may be prescribed, grant to the applicant a licence to give paid instruction in the driving of a motor car if the Registrar is satisfied—
(a)that the applicant has passed the other parts of the examination referred to in subsection (1),
(b)that the conditions set out in section 125(3)(b), (c), (d) and (e) are fulfilled in the applicant's case, and
(c)in the case of an applicant who has been required under subsection (1B) to submit himself for an emergency control assessment, he holds a current emergency control certificate.]
(3)The Registrar may refuse to grant a licence under this section to an applicant to whom such a licence has previously been issued.
(4)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 of the refusal.
(5)A licence under this section shall be in such form, shall be in force for such period, [F4and [F5, subject to subsection (5A) below,] shall] be granted subject to such conditions, as may be prescribed by regulations.
[F6(5ZA)Those conditions may (in particular) include—
(a)a condition requiring the person to whom the licence was granted, if required to do so by the Registrar at any time when the circumstances mentioned in subsection (1C) apply, to submit himself for an emergency control assessment (whether or not the person already holds an emergency control certificate) on such day (within such period as may be prescribed) and at such place as may be specified by the Registrar;
(b)a condition requiring that, 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 car, the person will only give such instruction if he would be able to take control of the car if such an emergency arose while giving the instruction.]
[F7(5A)[F8A licence granted by virtue of paragraph (b) of subsection (2) above shall be granted subject to the condition that the person to whom it is granted shall not give paid instruction in the driving of a motor car—
(a)unless he holds a current emergency control certificate, and
(b)the car is an authorised motor car.]
(5B)[F9In subsection (5A) above “authorised motor car”, in relation to any person, means a motor car which falls within the class of motor car specified in his current emergency control certificate and, where modifications are specified in that certificate, is modified in accordance with the specification.]]
(6)Notwithstanding any provision of regulations made by virtue of subsection (5) above prescribing the period for which a licence is to be in force, where a person applies for a new licence in substitution for a licence held by him and current at the date of the application, the previous licence shall not expire—
(a)until the commencement of the new licence, or
(b)if the Registrar decides to refuse the application, until the time limited for an appeal under the following provisions of this Part of this Act against the decision has expired and, if such an appeal is duly brought, it is finally disposed of.
(7)Before deciding to refuse an application for a new licence in substitution for a licence current at the date of the application, the Registrar must give to the applicant written notice stating that he is considering the refusal and giving particulars of the grounds on which he is considering it.
(8)Where the Registrar gives notice under subsection (7) above—
(a)the applicant may, within the period of fourteen days beginning with the day on which the notice is given, make representations with respect to the proposed refusal, and
(b)the Registrar must not decide to refuse the application until after the expiration of that period, and
(c)before deciding whether or not to refuse the application, the Registrar must take into consideration any such representations made within that period.
[F10(9)Sections 130(7) to (13) and 131A apply in relation to suspending a person's licence in connection with an application for a new licence in substitution for a licence current at the date of the application as if—
(a)the references in sections 130(7) to (13) and 131A to—
(i)a notice under section 130(3) were references to a notice under subsection (7) above,
(ii)the revocation of the licence were (except in section 130(11)(d)) references to the refusal of the person's application for a new licence, and
(iii)the decision not being in effect were references to the decision not being in effect because the licence has not expired, and
(b)section 131A(3), and the words “(whether or not the Registrar's decision has taken effect)” in section 131A(2)(b), were omitted.]
Textual Amendments
F1Words in s. 129(1) substituted (8.6.2015) by Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 22(2); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)
F2S. 129(1A)-(1C) inserted (8.6.2015) by Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 22(3); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)
F3S. 129(2) substituted (8.6.2015) by Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 22(4); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)
F4Words in s. 129(5) substituted (9.9.1996) by 1993 c. 31, s. 2(3); S.I. 1996/1980, art. 2
F5Words in s. 129(5) omitted by virtue of (8.6.2015) by Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 22(5); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)
F6S. 129(5ZA) inserted (8.6.2015) by Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 22(6); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)
F7S. 129(5A)(5B) inserted (9.9.1996) by 1993 c. 31, s. 2(4); S.I. 1996/1980, art. 2
F8S. 129(5A) omitted by virtue of (8.6.2015) by Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 22(7); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)
F9S. 129(5B) omitted by virtue of (8.6.2015) by Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 22(7); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)
F10S. 129(9) inserted (6.7.2012) by Driving Instruction (Suspension and Exemption Powers) Act 2009 (c. 17), s. 7(3), Sch. 1 para. 6; S.I. 2012/1356, art. 4(b)
Modifications etc. (not altering text)
C1S. 129 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)