The Motor Cars (Driving Instruction) (Amendment) Regulations 2015

Statutory Instruments

2015 No. 952

Road Traffic

The Motor Cars (Driving Instruction) (Amendment) Regulations 2015

Made

26th March 2015

Laid before Parliament

27th March 2015

Coming into force

8th June 2015

The Secretary of State for Transport, in exercise of the powers conferred by sections 123(2), 125(2D), (3) and (5)(a)(ii), 129(1C), (5) and (5ZA), 132(1) and (2)(a), 133A(2) and (6), 133B(2A), 134(a) and 141 and of the Road Traffic Act 1988(1), makes the following Regulations:

Citation and commencement

1.—(1) These Regulations may be cited as the Motor Cars (Driving Instruction) (Amendment) Regulations 2015.

(2) These Regulations come into force on 8th June 2015.

Amendment of the Motor Cars (Driving Instruction) Regulations 2005

2.—(1) The Motor Cars (Driving Instruction) Regulations 2005(2) are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) after the definition of “the Act” insert—

““adaptations or assistive devices” means modifications made to a vehicle, or movable devices, which have been specially designed and constructed, or specially adapted, for use by a person suffering from some disability or physical defect to enable them to drive or deliver driving instruction in a motor car;”;

(b) after the definition of “approved driving instructor” insert—

““automatic-only licence” means a licence which permits the holder to drive a car with automatic transmission but does not permit the holder to drive a car with manual transmission;

“car with automatic transmission” means a motor car in which either—

(a)

the driver is not provided with any means whereby he may vary the gear ratio between the engine and the road wheels independently of the accelerator and the brakes, or

(b)

he is provided with such means but they do not include a clutch pedal, lever or other device which he may operate manually,

and accordingly a “car with manual transmission” is any other class of motor car;;”;

(c) in the definition of “continued ability and fitness test” for the words “or appropriate motor cars referred to respectively in sections 125(5) and 125B(6)(b)” substitute “referred to in section 125(5)(a)(i)”;

(d) in the definition of “driving ability and fitness test” for the words “sections 125(3)(a) and 125A(6)(a)” substitute “section 125(3)(a)”;

(e) in the definition of “examination” for the words “sections 125(3)(a) and 125A(6)(a)” substitute “section 125(3)(a)”;

(f) in the definition of “instructional ability and fitness test” for the words “sections 125(3)(a) and 125A(6)(a)” substitute “section 125(3)(a)”;

(g) in the definition of “licence” after the words “regulation 12” insert “and the definition of “automatic-only licence”;

(h) in the definition of “written examination” for the words “sections 125(3)(a) and 125A(6)(a)” substitute “section 125(3)(a)”.

(3) In regulation 8(3) (motor car to be provided for practical part of examination) for the words “fulfils the conditions mentioned in section 125A(1)(a) and (b) of the Act” substitute “has an automatic-only licence”.

(4) In regulation 9(1) (additional conditions for entry of name on register) for the words from “register” to “be)” substitute “register”.

(5) In regulation 10(1) (additional conditions for removal of names from the register) omit the words “and 128(2A)”.

(6) In regulation 11(1) (additional condition for retention of names on the register) omit the words “and 127(3A)”.

(7) In regulation 13(2) (additional conditions to be satisfied for the grant of a licence)—

(a) at the end of paragraph (h) for “.” substitute “;”;

(b) after paragraph (h) insert—

“(i) that, so long as he holds the licence, he will, if at any time required to do so by the Registrar, submit himself for an emergency control assessment (whether or not he already holds an emergency control certificate) at the place specified by the Registrar, within 2 months of the Registrar making that requirement;

(j) that, so long as he holds the licence, 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 motor car, he will only give such instruction if he would be able to take control of the motor car if such an emergency arose while giving the instruction.”.

(8) In regulation 16 (form of licences)—

(a) in paragraph (1)—

(i) for “129(2)(a)” substitute “129(2)”;

(ii) omit the words “Part 1 of”;

(b) omit paragraph (2).

(9) After regulation 16 insert—

“PART 5A Ability to take control of a vehicle in an emergency

Prescribed class of vehicle

16A.   The prescribed class of vehicle for the purposes of sections 125(2D), 129(1C) and 133A(2) and (6) of the Act is—

(a) in relation to a person with an automatic-only driving licence, a car with automatic transmission; and

(b) in relation to a person with a driving licence that allows them to drive cars with manual transmission, a car with manual transmission,

with, in either case, such adaptations or assistive devices (if any) that the person would generally use or have available to them when conducting driving instruction.

Emergency control assessments – prescribed time periods

16B.— (1) The prescribed period for the purposes of sections 125(5)(a)(ii), 129(5ZA) and section 133B(2) of the Act is two months.

(2) The circumstances prescribed for the purpose of section 133B(2A)(c) of the Act are that—

(a) where—

(i) the failure of the emergency control assessment was likely to be attributable to the absence or malfunction of suitable adaptations or assistive devices; and

(ii) the person who failed the ECA wishes to make a further attempt at the assessment using suitable adaptations or assistive devices,

the assessment may take place as soon as the adaptations or assistive devices are available;

(b) where paragraph (a) does not apply—

(i) in relation to a person who failed an emergency control assessment which they were required to take under section 125(5)(a)(ii) of the Act—

(aa) that at least one week has passed between the date on which they last failed an emergency control assessment and the date for which they are booking their new emergency control assessment; and

(bb) that the person has not already taken and failed three or more emergency control assessments in the six month period immediately prior to the date for which they are booking their new emergency control assessment;

(ii) in relation to a person who failed an emergency control assessment which they were required to take under section 125(2C) or section 129(5ZA) of the Act, that at least two months have passed between the date on which they last failed an emergency control assessment and the date for which they are booking their new emergency control assessment;

(iii) in relation to a person who failed an emergency control assessment which they were required to take under section 129(1B) of the Act, that at least six months have passed between the date on which they last failed an emergency control assessment and the date for which they are booking their new emergency control assessment.”.

(10) In regulation 17 (fees) in column 2 of item 9 in the table omit “, 125B(3)” and the words “or (4)”.

(11) In regulation 18 (official title of registered person and certificate of registration)—

(a) in paragraph (2) omit the words “Part 1 of”;

(b) omit paragraph (3).

(12) In regulation 20(3) (exhibition of certificate of registration or licence) for the words from “123(2)” to the end substitute “is a certificate in the form set out in Schedule 5 to these Regulations”.

(13) Omit regulation 21 (emergency control assessment).

(14) In Schedule 4 (forms of licence)—

(a) omit the heading “PART 1”;

(b) in the heading for “129(2)(a)” substitute “129(2)”;

(c) omit Part 2.

(15) In Schedule 5 (forms of certificate)—

(a) omit the heading “PART 1”;

(b) omit Part 2.

Transitional provisions

3.  The Schedule which contains transitional provisions has effect.

Signed by authority of the Secretary of State for Transport

Kramer

Minister of State

Department for Transport

26th March 2015

Regulation 3

SCHEDULE Transitional provisions

Interpretation

1.  In this Schedule—

“the Act” means the Road Traffic Act 1988;

“the 2005 Regulations” means the Motor Cars (Driving Instruction) Regulations 2005;

“certificate of registration” means a certificate issued in accordance with regulation 18 of the 2005 Regulations;

“Commencement Date” means that date on which these Regulations come into force in accordance with regulation 1(2).

Validity of licences and certificates of registration

2.  The amendments made by regulation 2 of these Regulations do not affect the continuing validity of any unexpired licence or certificate of registration that is the form prescribed by Part 2 of Schedule 4 or Part 2 of Schedule 5 to the 2005 Regulations in the form those Regulations stood immediately before the Commencement Date and, unless they are revoked, such licences and certificates of registration will continue to be valid until such a time as they would have expired had these Regulations not been made.

Applications for licences and certificates of registration

3.  Where—

(a) prior to the Commencement Date, a person made an application for a licence or certificate of registration, or for the renewal or replacement of a licence or certificate of registration, where that licence or certificate of registration would have taken the form of the licence or certificate of registration prescribed in Schedule 4 Part 2 or Schedule 5 Part 2 of the 2005 Regulations; and

(b) at the Commencement Date the licence or certificate of registration has not yet been issued,

that person’s application will be treated as an application for a licence or certificate of registration in the form prescribed by Schedule 4 or Schedule 5 to the 2005 Regulations, as amended by these Regulations.

Time limits for requirements to take an emergency control assessment where requirement was made prior to the Commencement Date

4.  Where—

(a) prior to the Commencement Date a person was required to take an emergency control assessment in accordance with sections 125B(6)(a) or 133B(2) of the Act (in the form those sections stood immediately before the Commencement Date); and

(b) that person had not taken that emergency control assessment before the Commencement Date,

that person will continue to have a four month period from the date that the Registrar imposed that requirement to undertake that emergency control assessment, notwithstanding any shorter period prescribed in these Regulations.

Time periods between failed emergency control assessments and further attempts

5.  Where, prior to the Commencement Date—

(a) a person was required to take an emergency control assessment which they took and failed, that person may, on or after the Commencement Date, apply to take a further emergency control assessment in the circumstances prescribed in regulation 16B(2)(a) if they fulfil the conditions in regulation 16B(2)(a)(i) and (ii);

(b) in any other case—

(i) where a person who was registered as a disabled driving instructor was required to take an emergency control assessment, which they took and failed, that person may, on or after the Commencement Date, apply to take a further emergency control assessment in the circumstances prescribed in regulation 16B(2)(b)(i) of the 2005 Regulations;

(ii) where a person who held a trainee licence, or was in the process of applying to be registered as a disabled driving instructor, failed an emergency control assessment that person may, on or after the Commencement Date, apply to take a further emergency control assessment in the circumstances prescribed in regulation 16B(2)(b)(ii) of the 2005 Regulations;

(iii) where a person who was in the process of applying for a licence was required to take an emergency control assessment, which they took and failed, that person may, on or after the Commencement Date, apply to take a further emergency control assessment in the circumstances prescribed in regulation 16B(2)(b)(iii) of the 2005 Regulations.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Motor Cars (Driving Instruction) Regulations 2005 (the “2005 Regulations”) as part of the implementation of section 8 of, and Parts 2 and 3 of Schedule 2 to, the Deregulation Act 2015 (c. XX).

The Deregulation Act 2015 removes the separate category of disabled driving instructors and removes the automatic requirement for persons with certain disabilities to complete an Emergency Control Assessment (an “ECA”). Instead the ECA can potentially apply to all driving instructors but may only be required where the Registrar has reasonable grounds for believing that the instructor, or person applying to be an instructor, would be unable to take control of the car in an emergency.

The amendments made to the 2005 Regulations by regulation 2 of these Regulations make provision:

• to prescribe a single form of licence and a single form of certificate of registration for all driving instructors, to replace the separate forms of licences and certificates that were previously issued to instructors and trainee instructors with disabilities (regulation 2(8), (11), (12), (14) and (15));

• to prescribe the class of vehicle which a person must use if they are taking an ECA (regulation 2(9));

• to prescribe the time in which a person must take an ECA if they are required by the Registrar to do so (regulation 2(9));

• to prescribe as a condition for holding a trainee driving instructor licence that the trainee instructor must take an ECA if they are required by the Registrar to do so (regulation 2(7));

• to prescribe as a condition for holding a trainee driving instructor licence that the trainee instructor will not give instruction in circumstances where they are reasonably likely to need to take emergency control of a vehicle unless they are able to do so (regulation 2(7)); and

• to prescribe time periods for which a person must wait between failing an ECA and making a further attempt at passing an ECA (regulation 2(9)).

Regulation 3 gives effect to the Schedule to these Regulations which makes transitional provisions – including provision that old form trainee licences and certificates held by persons registered as disabled driving instructors or disabled trainee instructors will remain valid until such a time as they would otherwise have expired or been revoked.

No separate impact assessment has been prepared for these Regulations. However, a full impact assessment of the effect of the policy of removing the separate category of disabled driving instructors is available from DVSA, The Axis Building, 112 Upper Parliament Street, Nottingham NG1 6LP and accompanies the Explanatory Memorandum which is available alongside this instrument on www.legislation.gov.uk.

(1)

1988 c.52; sections 125(2D) and (5)(a)(ii) were inserted by paragraph 17 of Schedule 2 to the Deregulation Act 2015 (c. 20), section 125(3) was amended by paragraph 17 of Schedule 2 to the Deregulation Act 2015 and by S.I. 1999/357, sections 129(1C) and (5ZA) were inserted by paragraph 22 of Schedule 2 of the Deregulation Act 2015, section 129(5) was amended by section 2 of the Road Traffic (Driving Instruction by Disabled Persons) Act 1993 (c. 31) and by paragraph 22 of Schedule 2 to the Deregulation Act 2015, section 132 was amended by paragraph 9 of Schedule 29 to the Transport Act 2000 (c. 38), section 133A was inserted by section 3 of the Road Traffic (Driving Instruction by Disabled Persons) Act 1993 and sections 133A(2) and (6) were amended by paragraph 24 of Schedule 2 to the Deregulation Act 2015, section 133B was inserted by section 3 of the Road Traffic (Driving Instruction by Disabled Persons) Act 1993 and section 133B(2A) was inserted by paragraph 25 of Schedule 2 to the Deregulation Act 2015 and section 141 was amended by paragraph 24 of Schedule 6 to the Road Safety Act 2006 (c. 49).

(2)

S.I. 2005/1902; relevant amendments are that regulation 2 was amended by S.I. 2014/2216, the table in regulation 17(1) was substituted by S.I. 2014/1816 and Schedules 4 and 5 were substituted by S.I. 2014/480.