Driving Instructors Branch of Unite the Union March 2014 | Page 11

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.

301. Section 125ZA of the Road Traffic Act 1988 is also amended to provide that an ADI who is required to undergo an assessment must hold a certificate to the effect that such an assessment has been successfully undertaken in a prescribed class of vehicle ("a certificate").

302. Section 125ZA of the Road Traffic Act 1988 is further amended to impose a condition on an ADI that, if driving instruction is to be given where there is a reasonable expectation of an emergency arising which necessitates the ADI taking control of the prescribed vehicle, instruction will only be given if the ADI has the ability to take control in an emergency.

303.Section 133D of the Road Traffic Act 1988 is amended so that for those registered in respect of a description of driving instruction, and who are required to undergo an assessment, it is an offence to give paid instruction –unless they hold a current certificate; or in a vehicle other than one of a class specified in their certificate unless the driver holds a full licence for that class of vehicle and has not been notified by the Secretary of State that due to a disability their driving is likely to be a danger to the public.

304. Section 128B is inserted into the Road Traffic Act 1988 to allow the Registrar to withdraw a requirement to submit to an assessment or to direct that such a requirement is to be disregarded and provide for an application to be made for a further assessment where an earlier one was undertaken unsuccessfully.

305. Part 2 amends the Road Traffic Act 1988 prior to the commencement of section 42 of, and Schedule 6 to, the Road Safety Act 2006. Before the commencement of those provisions, Part 5 of the Road Traffic Act 1988 relates to the provision of paid driving instruction in motor cars only and provides for the registration of persons as an ADI and the licensing of trainee driving instructors.

306. The Part 2 amendments are transitory and have the effect of amending the Road Traffic Act 1988 only until the commencement of section 42 of, and Schedule 6 to, the Road Safety Act 2006.

307.The Part 2 amendments are similar in effect to those made by Part 1 and