Office of Public Sector Information
PART V continued
64.—(1) Regulations may provide that a person–
(a) shall not be permitted to take any part of a relevant instructor examination;
(b) shall not be registered; or
(c) shall not have his registration extended,
unless he has successfully completed training in accordance with the regulations.
(2) Regulations may make provision in relation to training–
(a) by means of courses provided in accordance with the regulations;
(b) by means of study conducted in accordance with the regulations; and
(c) by any other prescribed means.
(3) Regulations under this Article may include provision exempting persons from any requirement imposed by virtue of paragraph (1); and regulations including such provision may (in particular)–
(a) limit an exemption to persons in prescribed circumstances;
(b) attach conditions to an exemption;
(c) regulate applications for an exemption; and
(d) include provision for the evidencing by a person of his being within an exemption.
(4) Regulations under this Article may provide that training is not to be taken into account for the purposes of the regulations if it was completed before such time as is prescribed.
(5) Regulations under this Article may, in particular, include–
(a) provision about the nature of training;
(b) provision for the approval by the Department of persons providing training or giving instruction as part of training and the withdrawal of approval (including provision for appeals to a court of summary jurisdiction acting for the petty sessions district in which the person resides against refusal and withdrawal of approval) and provision for exemptions from any requirement of approval;
(c) provision for the training or assessment, or the supervision of training or assessment, of persons providing training or giving instruction as part of training;
(d) provision for the evidencing of the successful completion of training; and
(e) provision authorising the Department to make available information about persons providing training or giving instruction as part of training.
(6) Regulations under this Article may include provision for the charging of reasonable fees in respect of the exercise of any function conferred or imposed on the Department by the regulations.
65.—(1) This Article applies to any person who, by or under any provision of this Part–
(a) is authorised to apply to undergo an emergency control assessment; or
(b) is required by the Registrar to submit himself for an emergency control assessment.
(2) An emergency control assessment is an assessment of whether the person being assessed would be able either–
(a) to take control of a motor vehicle of a class covered by his disabled person’s limited driving licence without any modifications; or
(b) to take control of a motor vehicle of a class covered by his disabled person’s limited driving licence only with appropriate modifications of such a motor vehicle;
if an emergency arose while he was giving, in such a motor vehicle, instruction in the driving of an appropriate motor vehicle.
(3) Where a person is authorised to apply to undergo an emergency control assessment, for his application to be duly made, it must be made to the Department and must include–
(a) a declaration by the person making the application, in such form as the Department may require, stating every relevant disability or prospective disability from which the person is suffering or has at any time (or, if a period is prescribed by regulations, has during that period) suffered; and
(b) such other particulars as the Department may require.
(4) Where a person is required to submit himself for an emergency control assessment he must furnish to the Department such particulars as the Department may require.
(5) Regulations may require a person who applies to undergo an emergency control assessment (or a part of such an assessment), or is required to submit himself for such an assessment, to pay a fee to the Department, or such other person as the Department may specify, in respect of that assessment.
(6) An emergency control assessment–
(a) shall be conducted by a person appointed by the Department (in this Article referred to as “the assessor”); and
(b) shall consist of such practical tests and other means of assessment as the Department may determine.
(7) On completing an emergency control assessment of a person, the assessor shall grant him an emergency control certificate if he is satisfied either–
(a) that, in the circumstances mentioned in paragraph (2), that person would be able to take control of a motor vehicle of a class covered by his disabled person’s limited driving licence without any modifications; or
(b) that, in the circumstances mentioned in paragraph (2), that person would be able to take control of a motor vehicle of a class covered by his disabled person’s limited driving licence only with appropriate modifications of such a motor vehicle,
but if the assessor is not so satisfied, he shall refuse to grant a certificate to that person.
(8) An emergency control certificate granted to any person–
(a) shall specify the class of motor vehicle covered by his disabled person’s limited driving licence in relation to which the assessor is satisfied as mentioned in paragraph (7)(a) or (b), specifying, in a case falling within sub-paragraph (b) the modifications that are appropriate; and
(b) may include a recommendation that the person should undergo a further emergency control assessment after the end of such period as is specified in the certificate,
and shall otherwise be in such form as the Department may determine.
(9) Different modifications for different classes of motor vehicle may be specified under paragraph (8)(a).
(10) The assessor who has assessed any person under this Article–
(a) if he grants an emergency control certificate, shall–
(i) give or send the certificate to that person; and
(ii) send a copy of the certificate to the Registrar; and
(b) if he refuses to grant such a certificate, shall–
(i) give notice in writing to that person of his decision and of the reasons for it; and
(ii) send a copy of the notice to the Registrar.
66.—(1) A person who has undergone an emergency control assessment may not apply to undergo a further assessment until after the end of–
(a) the period of 6 months beginning with the date of his most recent previous assessment; or
(b) such other period as may be prescribed by regulations,
unless, by virtue of Article 53(8)(c) or paragraph (2), he is required by the Registrar to submit himself for a further assessment.
(2) A person who is not registered but who holds a current emergency control certificate shall, if at any time required to do so by the Registrar, submit himself for a further emergency control assessment on the day (within such period as may be prescribed by regulations) and at the place specified by the Registrar.
(3) In considering whether to exercise, in respect of any person, his power under paragraph (2), the Registrar shall have regard to any recommendation included in that person’s current emergency control certificate as to the period after the end of which he should undergo a further emergency control assessment.
(4) A person who–
(a) holds a current emergency control certificate; but
(b) wishes to undergo a further emergency control assessment with a view to establishing his ability to control any class of motor vehicle not specified in his current certificate,
may, with the consent of the Registrar and subject to paragraph (1), apply to undergo a further assessment; but a person applying to undergo a further assessment under this paragraph shall not be required to make the declaration required by Article 65(3)(a).
(5) An application made under paragraph (4) for the consent of the Registrar shall be made in such manner and be accompanied by such particulars as the Registrar may require.
(6) If, as a result of undergoing a further emergency control assessment, a person is granted a fresh emergency control certificate the grant of that certificate shall, with effect from the date on which it is notified as taking effect, revoke the previous certificate.
(7) If, in the case of an emergency control assessment conducted in respect of a person who holds a current emergency control certificate, the assessor is not satisfied as to either of the matters specified in sub-paragraphs (a) and (b) of Article 65(7), he shall revoke the certificate.
(8) Where a person’s emergency control certificate is revoked under paragraph (7) the assessor shall–
(a) serve notice in writing on him specifying–
(i) the grounds for the revocation; and
(ii) the date, not being earlier than the date of service of the notice, on which the revocation is to take effect; and
(b) send a copy of the notice to the Registrar.
(9) In this Article “assessor” has the same meaning as in Article 65.
67.—(1) If at any time a registered disabled instructor becomes aware–
(a) that he is suffering from a relevant or prospective disability which he has not previously disclosed to the Department under Article 53(3) or Article 65(3) or (4); or
(b) that a relevant or prospective disability from which he has at any time suffered (and which has been previously so disclosed) has become more acute since his current emergency control certificate was granted,
he must forthwith notify the Registrar in writing of the nature and extent of his disability.
(2) Paragraph (1) does not require a person to notify the Registrar if–
(a) the disability is one from which he has not previously suffered; and
(b) he has reasonable grounds for believing that the duration of the disability will not extend beyond the period of 3 months beginning with the date on which he first becomes aware that he suffers from it.
(3) A person who fails without reasonable excuse to notify the Registrar as required by paragraph (1) is guilty of an offence.
68.—(1) No registered disabled instructor shall give paid instruction in the driving of a motor vehicle unless he is the holder of a current emergency control certificate.
(2) No registered disabled instructor shall give, in any unauthorised motor vehicle, paid instruction in the driving of a motor vehicle.
(3) Where a registered disabled instructor gives instruction in contravention of this Article–
(a) the instructor;
(b) if the instructor is employed by another person to give that instruction, that other person (as well as the instructor); and
(c) if the instructor is a franchisee under a driving instruction franchise, the franchisor (as well as the instructor),
is guilty of an offence.
(4) In paragraph (2) “unauthorised motor vehicle”, in relation to any person, means a motor vehicle other than one which falls within the class of motor vehicle specified in his current emergency control certificate and, where modifications are specified in that certificate, is modified in accordance with the specification.
69.—(1) Regulations may alter–
(a) the period at the end of which a person’s registration is terminated (unless extended or further extended);
(b) the period for which a person’s registration may be extended or further extended; and
(c) the period before the end of which it may be directed that any application by a person to be registered shall not be entertained.
(2) Regulations under this Article may amend this Part.
70.—(1) Regulations may prescribe–
(a) certificates or other items that may be issued to registered persons to be displayed as evidence of their registration; and
(b) a title or other description which may be used as such evidence.
(2) If at any time a person who is not registered–
(a) displays a certificate or other item prescribed under paragraph (1);
(b) uses a title or other description prescribed under paragraph (1)(b); or
(c) uses a title or other description implying that he is registered,
he is guilty of an offence unless he proves that he did not know, and did not have reasonable cause to believe, that he was not registered at that time.
(3) If a person carrying on business in the provision of driving instruction at any time–
(a) uses a title or other description prescribed under paragraph (1)(b) in relation to any relevant person who is not appropriately registered; or
(b) issues any advertisement or invitation calculated to mislead with respect to the extent to which relevant persons are appropriately registered,
he is guilty of an offence unless he proves that he did not know, and did not have reasonable cause to believe, that the relevant person was, or relevant persons were, not appropriately registered at that time.
(4) For the purposes of paragraph (3)–
(a) a relevant person is a person who is employed by the person carrying on business to give driving instruction, or is a franchisee giving driving instruction under a driving instruction franchise under which that person is the franchisor; and
(b) a relevant person is appropriately registered if he is registered in respect of the giving of the description of driving instruction which he is employed to give or which is given to him under the driving instruction franchise.
71. Where the registration of a person to whom a certificate or other item prescribed under Article 70(1)(a) has been issued is terminated, that person must, if so required by the Registrar by notice in writing, surrender the certificate or other item to the Registrar within the period of 14 days beginning with the day on which the notice is given and, if he fails to do so, he is guilty of an offence.
72.—(1) A person to whom a certificate or other item prescribed under Article 70 is issued must, on being so required by a constable or any person authorised in writing by the Department in that behalf, produce the certificate or other item for examination.
(2) Where–
(a) a person’s registration is terminated; and
(b) he fails to satisfy an obligation imposed on him by Article 71,
a constable or a person authorised in writing by the Department in that behalf may require him to produce any such certificate or other item issued to him, and upon its being produced may seize it and deliver it to the Registrar.
(3) A person who is required under paragraph (1) or (2) to produce a certificate or other item and fails to do so is, subject to paragraph (4), guilty of an offence.
(4) In proceedings against any person for an offence under paragraph (3), it shall be a defence for him to show that–
(a) within 7 days beginning with the day following that on which the production of the certificate or other item was so required, it was produced–
(i) where the requirement was made by a constable, at a police station specified at the time the production was required by the person required to produce the certificate or other item;
(ii) where the requirement was made by a person other than a constable, at a place specified at that time by that person; or
(b) the certificate or other item was produced at that police station or, as the case may be, place as soon as was reasonably practicable; or
(c) it was not reasonably practicable for it to be produced at that police station or, as the case may be, place before the day on which the proceedings were commenced,
and for the purposes of this paragraph the service of a summons on the accused shall be treated as the commencement of the proceedings.
73. Section 20(2) and (3) of the Interpretation Act (Northern Ireland) 1954 (c. 33) (offences by corporations) shall apply to this Part as if the requirement for consent in subsection (3) were omitted.
74. For the purposes of section 24 of the Interpretation Act (Northern Ireland) 1954 (c. 33) (service of documents) a person’s usual or last known place of abode or business shall be, in the case of a person whose name is included in the register, his address on the register.
75.—(1) Regulations may make provision for the payment of such fees (if any) as may be prescribed in connection with registration or extension of registration.
(2) Regulations may make provision for the repayment (in whole or in part) of any fee payable by virtue of any provision of this Part in such circumstances as may be prescribed.
76. Regulations under any provision of this Part–
(a) shall be subject to negative resolution;
(b) may make incidental, supplementary, consequential or transitional provision or savings.
77.—(1) Subject to paragraph (2), the provisions of this Part apply to vehicles and persons in the public service of the Crown.
(2) The Department may make regulations exempting from the provisions of this Part, or of any regulation made under this Part, vehicles and persons in the public service of the Crown.
78. The entries set out in Schedule 6 relating to offences under this Part shall be added at the end of Part I of Schedule 1 to the Offenders Order.
The Road Traffic (Northern Ireland) Order 2007