SCHEDULES

SCHEDULE 2Driving instructors

PART 1Amendments of Part 5 RTA 1988 (as amended by RSA 2006)

3

(1)

Section 125 (register) is amended as follows.

(2)

After subsection (3) insert—

“(3A)

If an applicant is aware that he is suffering from a relevant or prospective disability, his application under subsection (2) must be accompanied by written notification of the nature and extent of his disability.

(3B)

Any person who fails without reasonable excuse to comply with the requirement imposed by subsection (3A) is guilty of an offence.

(3C)

The Registrar may, in the circumstances mentioned in subsection (3D), require an applicant to submit himself for an emergency control assessment (whether or not the applicant already holds an emergency control certificate) in connection with his application under subsection (2).

(3D)

Those circumstances are that the Registrar has reasonable grounds for believing that the person would be unable to take control of a motor vehicle of the class in which instruction is to be given if an emergency arose while he was giving driving instruction in such a motor vehicle.”

(3)

After subsection (5) insert—

“(5A)

In this Part “disability”, in respect of motor vehicles of any description, means a want of physical ability affecting the driving of motor vehicles of that description; and

(a)

relevant disability”, in relation to a person, means any prescribed disability or any other disability likely to cause the driving of a vehicle of the description in question by him to be a source of danger to the public;

(b)

prospective disability”, in relation to a person, means any other disability which, at the material time, is not of such a kind that it is a relevant disability but, by virtue of the intermittent or progressive nature of the disability or otherwise, may become a relevant disability in the course of time.”

(4)

Omit subsection (6).