The Motor Vehicles (Driving Licences) Regulations 1999

Certified direct access instructorsE+W+S

65.—(1) An approved training body may, subject to the following provisions of this regulation, authorise instructors to conduct on his behalf the instruction of persons who hold provisional licences authorising the riding of [F1A2 motorcycles or A3 motorcycles] in the riding of [F1A2 motorcycles or A3 motorcycles, as appropriate].

(2) A person may not be authorised under paragraph (1) unless he—

(a)holds a full licence to drive motor bicycles,

(b)either—

(i)was authorised on 30th January 1998 to conduct instruction by an approved training body in accordance with [F2the Motor Vehicles (Driving Licences) Regulations 1996] and has held that licence for a period of, or periods amounting in aggregate to, not less than 2 years, or

(ii)if he was not so authorised, is at least 21 years of age and has held that licence for a period of, or periods amounting in aggregate to, not less than 3 years.

(c)is a certified instructor, and

(d)has successfully completed the Secretary of State’s assessment course for certified direct access instructors.

(3) An authorisation given under paragraph (1) shall be of no effect unless—

(a)the person whom the approved training body proposes to authorise, or another person who is at that time validly authorised by the approved training body to provide instruction in the riding of [F3motor bicycles other than A1 motorcycles], has successfully completed the Secretary of State’s assessment course for certified instructors in addition to the assessment course for direct access instructors,

(b)the approved training body has notified the Secretary of State in writing of the proposed authorisation, and

(c)the Secretary of State has approved the authorisation in writing.

[F4(3A) A person does not have to satisfy the conditions mentioned in paragraph (3)(c) and (d) if that person is entitled to give paid instruction in the riding of A1 motorcycles and mopeds by virtue of Part 3 of the European Union (Recognition of Professional Qualifications) Regulations 2015.]

[F5(3B) A person is exempt from the conditions set out in paragraph (2)(b) and (d) and paragraph (3)(a) if that person is entitled to give paid instruction in the riding of A2 motorcycles or A3 motorcycles by virtue of Part 2 of the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023.]

(4) An authorisation given under paragraph (1) shall be of no effect in the case of a direct access instructor unless there is in force in respect of him a valid certificate, in the form set out in Part 2 of Schedule 13, issued by the Secretary of State to the person who has authorised him under paragraph (1).

(5) The Secretary of State may at any time by notice in writing withdraw an approval given under paragraph (3)(c) and any authorisation given under paragraph (1) shall cease to have effect from the date of such notice.

(6) Any authorisation given under paragraph (1) by an approved training body shall cease to have effect if at any time there ceases to be a person who—

(a)is validly authorised by that approved training body to conduct instruction in accordance with paragraph (1), and

(b)has successfully completed the Secretary of State’s assessment course for certified instructors in addition to the assessment course for direct access instructors.

(7) Where—

(a)a person who is an approved training body satisfies the conditions set out in paragraph (2),

(b)either he or another person who is at that time validly authorised by him to provide instruction in the riding of [F6motor bicycles other than A1 motorcycles] has successfully completed the Secretary of State’s assessment course for certified instructors in addition to the assessment course for direct access instructors, and

(c)there is in force in respect of that training body a valid certificate issued by the Secretary of State under paragraph (4),

he shall be deemed to have been authorised under paragraph (1) as a certified direct access instructor.

(8) Regulations 60(7) and (8), 62(3) and 63 shall apply in respect of a certified direct access instructor as they apply in respect of a certified instructor as if the references therein to the issue of certificates and the giving or withdrawal of approval were references to the issue of certificates and the giving or withdrawal of approval under this regulation.

(9) Where an authorisation given, or deemed to be given, under this regulation in respect of a certified direct access instructor ceases to have effect by virtue of any of the foregoing provisions of this regulation that instructor shall as soon as is reasonably practicable return the certificate issued under paragraph (4) to the approved training body who must, on receiving it, return it immediately to the Secretary of State.