Explanatory Note
(This note is not part of the Regulations)
The Road Traffic (Driving Instruction by Disabled Persons) Act 1993, which comes into force on 9th September 1996, amends Part V of the Road Traffic Act 1988 (“the 1988 Act”) so as to make provision for enabling persons with certain physical disabilities to be authorised, in certain circumstances, to give paid instruction in the driving of motor cars.
As a consequence of this, these Regulations further amend the Motor Cars (Driving Instruction) Regulations 1989 (“the 1989 Regulations”).
Without making any changes to the nature of either the examination or the continued ability and fitness test, as prescribed in Parts II and III of the 1989 Regulations, regulation 3 amends regulation 2 of the 1989 Regulations so as to prescribe the same examination and test for those who are or are seeking to become registered disabled instructors, as for other instructors.
Regulation 4 amends regulation 7 of the 1989 Regulations as it applies to those seeking to become registered disabled instructors by removing the requirement for a candidate for the practical part of the examination to provide a vehicle which has a manual transmission. The opportunity has also been taken to make it clear that any candidate for the instructional ability and fitness test must provide a vehicle that is capable of being driven by the examiner.
Regulation 5 substitutes regulation 12 of the 1989 Regulations so as to prescribe a separate form of licence for those seeking to become registered disabled instructors.
Without making any changes to the level of fees, regulation 6 substitutes the Table of fees set out in regulation 13 of the 1989 Regulations. These fees will apply to all those whose names are or are sought to be entered in the Register.
Regulation 7 substitutes regulation 14 of the 1989 Regulations so as to prescribe a separate form of certificate of registration for registered disabled instructors.
Regulation 8 amends regulation 16 so as to prescribe a separate form of certificate of registration for registered disabled instructors for the purpose of provisions relating to the fixing and exhibiting of such certificates on motor cars.
The new section 133A of the 1988 Act enables a person, seeking to become a registered disabled instructor, to undergo an assessment of whether he would be able to take control of a motor car if an emergency arose while he was giving instruction in it. Such an assessment is referred to as an emergency control assessment. In a case where the Registrar requires a person to submit himself for a further emergency control assessment, the day specified by the Registrar for this purpose must, by virtue of regulation 9, be within four months of the date on which he gives that person written notice of his decision.