The Motor Cars (Driving Instruction) Regulations 2005

Conditions subject to which licences are granted

15.—(1) A licence is granted subject to such of the conditions specified in paragraphs (2) to (5) below as apply to it.

(2) Unless it is a licence to which the conditions specified in paragraph (3) below apply, a licence which is not a substitute licence is subject to the following conditions, namely that the licence holder must—

(a) for one-fifth of the total time he spends giving paid instruction in the driving of a motor car, receive direct supervision from an approved driving instructor present with him in the car;

(b) maintain, for each working day while the licence is in force, a record in the form specified in Schedule 3 to these Regulations of the time he spends giving such instruction;

(c) sign the record at the end of every working day and, if he has received supervision from an approved driving instructor on any day, procure that the instructor also signs it;

(d) produce on request, for examination by a person authorised by the Registrar in that behalf, all the records maintained under sub-paragraph (b) above during the period ending on the day before the date of the request and further, if required to do so, deliver those records to such a person for retention by him;

(e) not later than 7 days after the expiry of the licence, deliver to a person authorised by the Registrar in that behalf all the records maintained under sub-paragraph (b) above during the period when the licence was in force, other than such records as have been delivered under sub-paragraph (d) above and not returned to him.

(3) If a person elects in writing at the date of his application for a licence to undertake supplementary training the conditions specified in paragraph (2) above shall not apply to the licence which shall instead be subject to the following conditions, namely that the licence holder must—

(a) undertake during the period expiring on the first relevant date not less than 20 hours supplementary training;

(b) not later than the day immediately following the first relevant date deliver to a person authorised by the Registrar in that behalf evidence, in the form specified in Part 2 of Schedule 2 to these Regulations, that he has received that supplementary training;

(c) if he has not passed the instructional ability and fitness test on the first occasion on which he took that test, or (if earlier) by the expiration of a period of 3 months beginning on the date when the licence was granted—

(i) undertake during the period expiring on the second relevant date not less than 5 hours further supplementary training; and

(ii) not later than the day immediately following the second relevant date deliver to a person authorised by the Registrar in that behalf evidence, in the form specified in Part 2 of Schedule 2 to these Regulations, that he has received that further supplementary training.

(4) A substitute licence coming into force immediately upon the expiry of a previous licence which, by virtue of an election made by the holder upon his application for it, was subject to the conditions specified in paragraph (3) above is subject to the following conditions, namely that the licence holder must—

(a) undertake during the period expiring on the third relevant date not less than 5 hours further supplementary training, and

(b) not later than the day immediately following the third relevant date deliver to a person authorised by the Registrar in that behalf evidence, in the form specified in Part 2 of Schedule 2 to these Regulations, that he has received that further supplementary training.

(5) Every licence is subject to the condition that, in the event of the licence holder arranging to have the supervision or supplementary training referred to above, or any part thereof, undertaken by a different approved driving instructor from the person named in his application, he must submit to the Registrar full details of any consequential changes to the particulars submitted under regulation 13(2)(g) above resulting from the new arrangement together with the consent (in any form permitted under regulation 13(2)(g)) of the new approved driving instructor to that arrangement.

(6) In this regulation—

“first relevant date” means—

(a)

the last day of the period of 3 months beginning on the date when the licence is granted, or

(b)

the day on which the licence holder first applies to take the instructional ability and fitness test,

whichever first occurs;

“second relevant date” means—

(c)

the last day of the period of 3 months beginning—

(i)

on the first relevant date if that date is the expiration of the period of 3 months referred to above, or

(ii)

in any other case, on the day on which the licence holder first failed the instructional ability and fitness test, or

(d)

the first day after the first relevant date on which he applies to take the instructional ability and fitness test;

whichever first occurs;

“supplementary training” means training in the giving of practical driving instruction, including training in all of the matters specified in Part 1 of Schedule 2 to these Regulations, given by an approved driving instructor of which at least one quarter is training in a motor car where the licence holder and instructor, if accompanied at all, are accompanied by no more than one other licence holder who is receiving training at the same time;

“third relevant date” means—

(a)

the last day of the period of 3 months beginning on the date when the licence is granted; or

(b)

the first day after the date on which the licence is granted on which he applies to take the instructional ability and fitness test,

whichever first occurs;

“working day” means any day during which the licence holder gives paid instruction in the driving of a motor car.