Deregulation Bill
Currently go through Parliament the Deregulation Bill.
The follow paragraphs will have implications for driving instructors.
Clause 5: Driving instructors
29. This clause introduces Schedule 2 which amends Part 5 of the Road Traffic Act 1988 to remove the separate system for the registration of disabled driving instructors. See commentary on Schedule 2 below.
Schedule 2: Driving instructors
296.This Schedule amends Part 5 of the Road Traffic Act 1988 both before the commencement of amendments to that Part by Schedule 6 to the Road Safety Act 2006 and thereafter.
297. Part 1 of the Schedule amends Part 5 of the Road Traffic Act 1988 in the form it will be in once the amendments made by the Road Safety Act 2006 come into force. The Road Safety Act 2006 amendments to Part 5 of the Road Traffic Act 1988 mean that: the restrictions on the giving of paid driving instruction extend to all motor vehicles and not only cars; registration is in respect of a prescribed description of driving instruction; and provision for the licensing of trainee instructors to deliver paid instruction prior to becoming registered is omitted.
298.The Part 1 amendments omit the provisions of Part 5 of the Road Traffic Act 1988 which relate to disabled driving instructors and amend the Part so that there will be one system of registration which will apply to all instructors.
299.Sections 125 and 125ZA of the Road Traffic Act 1988 are amended to provide for the Registrar of Approved Driving Instructors ("the Registrar") to have power to require a person, whether disabled or not, to undergo an assessment as to their ability to control a motor vehicle of a prescribed class in an emergency ("an assessment"). The Registrar will be able to exercise the power when a person applies to become an approved driving instructor ("ADI"), or at any time when a person is registered. The power is only exercisable if the Registrar has reasonable grounds for believing that the person in question would be unable to take control of the motor vehicle if an emergency arose whilst they were giving driving instruction.
300. Section 125 of the Road Traffic Act 1988 is also amended so that all persons applying to become an ADI must disclose any disabilities which currently, or may in the future, affect their driving and so that it is an offence not to do so.