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Statutory Instruments

1991 No. 1129

ROAD TRAFFIC

The Motor Cars (Driving Instruction) (Amendment) Regulations 1991

Made

3rd May 1991

Laid before Parliament

10th May 1991

Coming into force

3rd June 1991

The Secretary of State for Transport, in exercise of his powersunder section 125(3), 127(2), 132(1)(a), 132(2)(b), 134 and 141 of theRoad Traffic Act 1988(1) and the Department of Transport (Fees) Order 1988((2)) and all other enabling powers, hereby makes the followingregulations:—

1.  These Regulations may be cited as the Motor Cars (DrivingInstruction) (Amendment) Regulations 1991 and shall come into force on3rd June 1991.

2.  In section 128 of the Road Traffic Act 1988, after subsection (7)there shall be inserted the following subsection—

(8) Where a person whose name has been removed from the registerunder this section applies under subsection (2) of section 125 of thisAct for his name to be entered again in the register and either—

(a)the application is made after the end of the period of one yearbeginning with the date on which his name was removed; or

(b)his name was removed on the grounds that he has failed to pass sucha test as is mentioned in subsection (5) of that section,

the Registrar shall not regard the condition specified in paragraph (a) of subsection (3) of that section as fulfilled unless he is satisfied that that person has again passed the examination mentioned in that paragraph since the date on which his name was removed from the register.

3.—(1) The Motor Cars (Driving Instruction) Regulations 1989(3) shall be amended as follows.

(2) In regulation 5(5), the word“and” immediately following sub-paragraph (e) shall be omitted, and afterparagraph (f) there shall be added the following words—

and

(g)parking close to the kerb using forward and reverse gears..

(3) In the Table in regulation 13—

(a)for the entry in column (3) in items 2 and 3 there shall besubstituted in each case“£50”, and

(b)for the entry in column (3) in items 4, 6 and 7 there shall besubstituted in each case“£170”.

Signed by authority of the Secretary of State for Transport

Christopher Chope

Parliamentary Under Secretary of State

Department of Transport

3rd May 1991

Explanatory Note

(This note is not part of the Regulations)

Under section 125 of the Road Traffic Act 1988, before a person'sname can be entered on to the Register of Approved Driving Instructorshe has, amongst other things, to pass a prescribed examination ofability to give instruction in the driving of motor cars. TheseRegulations amend section 128 so that in two cases a person has to passthe examination again before his name can be re-entered on the registerafter it has been removed under that section. One case is where his namehas been so removed on the grounds that he had failed a test undersection 125(5). The other case is where his name has been so removed onany other grounds and he makes his application more than 12 months later.

The Regulations also amend the Motor Cars (Driving Instruction)Regulations 1989 as follows:

(a)by adding to the driving techniques which a candidate for thedriving ability and fitness test can be required to demonstrate, theability to park close to the kerb, using forward and reverse gears;

(b)by increasing the fees payable for the driving abilityand fitnesstest and for the instructional ability and fitness test from £45 to£50;and

(c)by increasing the fee for the retention of the person’s name in theregister and the entry of a person’s name in the register from £146to £170.

(1)

1988 c. 52;“prescribed” is defined in section 192.

(2)

S.I. 1988/643, which was made under section 102 of the Finance(No.2) Act 1987 (c. 51). The relevant reference in S.I. 1988/643 is TableIII of Schedule 1.

(3)

S.I. 1989/2057, as amended by S.I. 1990/1113.