Citation and Commencement

1. These Regulations may be cited as the Driving and Motorcycle Riding Instructors (Recognition of European Professional Qualifications) Regulations 2016 and come into force on 9th December 2016.

Amendment of the Road Traffic Act 1988

2. —(1) Until the commencement of Schedule 6 to the Road Safety Act 2006( 8 ), Part 5 of the Road Traffic Act 1988 (driving instruction) has effect as if it were amended as follows.

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(4) In section 125 (the register of approved instructors)( 9 )—

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(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) after subsection (3) insert—

“ (3A) Where the Registrar is satisfied that a person who has applied under subsection (3) is entitled to give paid instruction in the driving of motor cars by virtue of Part 3 of the European Union (Recognition of Professional Qualifications) Regulations 2015 ( S.I. 2015/2059 )—

(a) the Registrar may not impose a requirement on the applicant under subsection (2C) if the Registrar is satisfied that the applicant holds a current certificate or other document that, under the law of the State that is the applicant’s home State for the purposes of those regulations, is of corresponding effect to an emergency control certificate, and

(b) subsection (3)(a) does not apply in relation to the applicant. ” , and

(fa) after subsection (3A) (as inserted by sub-paragraph (f)), insert—

“ (3B) Where the Registrar is satisfied that a person who has applied under subsection (3) is entitled to give paid instruction in the driving of motor cars by virtue of Part 2 of the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023—

(a) the Registrar may not impose a requirement on the applicant under subsection (2C) if the Registrar is satisfied that the applicant holds a current certificate or other document that, under the law of one of the specified states set out in Schedule 1 to those Regulations, is of corresponding effect to an emergency control certificate, and

(b) subsection (3)(a) does not apply in relation to the applicant. ”

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(8) In section 131 (appeals)—

(a) before subsection (1), insert—

“ (A1) A relevant person who is aggrieved by the failure of the Registrar to notify the person of a decision in relation to an application for entry of the person’s name in the register before the end of the period of four months beginning with the day after the day on which the complete application was submitted, may appeal to the First-tier Tribunal.

(B1) On an appeal under subsection (A1), the First-tier Tribunal may make such order requiring the Registrar to notify the relevant person of a decision in relation to the application as it thinks fit.

(C1) In subsections (A1) and (B1), “ relevant person ” means a person entitled to give paid instruction in the driving of a motor car by virtue of Part 2 of the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023. ” ;

(b) in subsection (3), for “the appeal” substitute “an appeal under subsection (1) or (2)” .

(9) In section 135 (power to prescribe form of certificate of registration etc )—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) for subsection (3) substitute—

“ (3) If P uses, in relation to any person employed by P whose name is not in ... the register,

(a) a title or description prescribed under this section for use by persons whose names are in ... the register, or

(b) a name, title, addition or description implying that the person’s name is in ... the Register,

P is guilty of an offence unless P proves that P did not know, and had no reasonable cause to believe, that the person’s name was not in ... the register at the material time.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) If P issues any advertisement or invitation calculated to mislead with respect to the extent to which persons employed by P are registered under this Part, P is guilty of an offence unless P proves that P did not know, and had no reasonable cause to believe, that the advertisement or invitation was misleading in that respect at the time it was issued.

(6) In this section “P” means a person carrying on business in the provision of instruction in the driving of motor vehicles. ” .

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5. On the day on which these Regulations come into force, the register previously compiled and maintained under section 125 of the Road Traffic Act 1998 becomes Part 1 of the register compiled and maintained under that section.

Amendment of the Motor Vehicles (Driving Licences) Regulations 1999

6. —(1)The Motor Vehicles (Driving licences) Regulations 1999( 10 ) are amended as follows.

(2) In regulation 16 (conditions attached to provisional licences)—

(a) in paragraph (2)(a), after “qualified driver” insert “, or driving instructor,”, and

(b) in paragraph (13), before sub-paragraph (a) insert—

“ (za) “driving instructor” means a person whose name is entered in either part of the register established under section 123 of the Traffic Act ( 11 ) . ” .

(3) In regulation 60 (certified instructors)—

(a) in paragraph (1), for “61” substitute “60A”,

(b) after paragraph (3) insert—

“ (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 ( 12 ) . ” , and

(c) at the end of paragraph (9) insert “, and includes a person in respect of whom there is in force a valid certificate issued under regulation 60A(3)(c)”.

(4) After regulation 60 (certified instructors), insert—

“ Temporary certified instructors

60A. —(1) Subject to paragraph (3), an approved training body may authorise a person who satisfies the condition set out in paragraph (2) to conduct on his behalf instruction of persons in the riding of A1 motorcycles and mopeds.

(2) The condition referred to in paragraphs (1) and (5) is that the person has made a declaration to the Secretary of State or to the appropriate Northern Ireland officer, in accordance with regulations 15 and 16 of the European Union (Recognition of Professional Qualifications) Regulations 2015, that entitles the person to give paid instruction in the United Kingdom in the riding of A1 motorcycles and mopeds on a temporary and occasional basis.

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

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

(b) the Secretary of State has approved the authorisation in writing, and

(c) there is in force in respect of that person a valid certificate, in the form set out in Part 4 of Schedule 13, issued by the Secretary of State to the approved training body giving the authorisation.

(4) A person in respect of whom a certificate issued under paragraph (3)(c) is in force —

(a) shall be known by the official title used in the State that is the person’s home State for the purposes of the European Union (Recognition of Professional Qualifications) Regulations 2015,

(b) shall be entitled to conduct approved training courses, and

(c) in the case of a person who has successfully completed the Secretary of State’s assessment course for certified instructors, shall be entitled to train other persons and to assess their capability to act as certified instructors.

(5) Where a person who is an approved training body satisfies the condition set out in paragraph (2), the Secretary of State may issue a certificate in respect of that person under paragraph (3)(c) and while that certificate in is force he or she—

(a) shall be known by the official title used in the State that is the person’s home State for the purposes of the European Union (Recognition of Professional Qualifications) Regulations 2015,

(b) shall be entitled to conduct approved training courses, and

(c) in the case of a person who has successfully completed the Secretary of State’s assessment course for certified instructors, shall be entitled to train other persons and to assess their capability to act as certified instructors.

(6) A certificate issued pursuant to paragraph (3)(c) shall be valid for a period of one year from the date the declaration under regulation 15 of the European Union (Recognition of Professional Qualifications) Regulations 2015 is made, but may be renewed upon application being made to the Secretary of State by the approved training body who authorised the instructor, or who is the instructor, where the instructor has renewed his or her declaration within one year of being made in accordance with regulations 15 and 16 of those Regulations.

(7) A certificate issued pursuant to paragraph (3)(c) ceases to be valid if the instructor ceases to be entitled under Part 2 of the European Union (Recognition of Professional Qualifications) Regulations 2015 to give paid instruction in the riding of A1 motorcycles and mopeds on a temporary and occasional basis.

(8) Where a certificate issued pursuant to paragraph (3)(c) ceases to be valid the instructor must as soon as reasonably practicable return the certificate issued under paragraph (3)(c) and all forms of certificates which were supplied to that person under regulation 68(3) to the approved training body who gave the authorisation who must, on receiving the certificate issued under paragraph (3)(c), return it to the Secretary of State.

(9) When conducting an approved training course an instructor must carry with him or her the certificate issued in respect of that person under paragraph (3)(c) and must, upon being required to do so by a constable or the Secretary of State, produce it for examination.

(10) In this regulation and regulation 65A “appropriate Northern Ireland officer” means the officer referred to in Article 51(2) of the Road Traffic (Northern Ireland) Order 2007 ( 13 ) . ” .

(5) In regulation 62 (withdrawal of approval to provide training courses or to act as an instructor)—

(a) in paragraph (1), after “60(4)(b)” insert “or 60A(3)(b),”, and

(b) in paragraph (3)—

(i) after “60(4)(b)” insert “or 60A(3)(b),”, and

(ii) in sub-paragraph (b), after each reference to “60(4)(c)” insert “or 60A(3)(c)”.

(6) In regulation 63 (cessation of conduct of training)—

(a) in paragraph (1)—

(i) after “60(2)” insert “or 60A(1)”, and

(ii) after each reference to “60(4)(c)” insert “or 60A(3)(c)”, and

(b) in paragraph (2)—

(i) after “60(6)” insert “or 60A(5)”, and

(ii) after “60(4)(c)” insert “or 60A(3)(c)”.

(7) At the end of regulation 64(2) (approved training courses conducted by certified direct access instructors) insert “or 65A”.

(8) After regulation 65(3) (certified direct access instructors) insert—

“ (3A) A person shall be 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 3 of the European Union (Recognition of Professional Qualifications) Regulations 2015. ” .

(9) After regulation 65 (certified direct access instructors) insert—

“ Temporary certified direct access instructors

65A. —(1) Subject to paragraphs (3) and (4), an approved training body may authorise a person who satisfies the condition set out in paragraph (2) to conduct on his behalf instruction of persons who hold provisional licences authorising the riding of A2 or A3 motorcycles in the riding of A2 or A3 motorcycles, as appropriate.

(2) The condition referred to in paragraph (1) is that the person has made a declaration to the Secretary of State or to the appropriate Northern Ireland officer, in accordance with regulations 15 and 16 of the European Union (Recognition of Professional Qualifications) Regulations 2015, that entitles the person to give paid instruction in the United Kingdom in the riding of A2 or A3 motorcycles on a temporary and occasional basis.

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

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

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

(4) An authorisation given under paragraph (1) shall be of no effect unless there is in force in respect of that person a valid certificate, in the form set out in Part 5 of Schedule 13, issued by the Secretary of State to the approved training body giving the authorisation.

(5) A person in respect of whom a certificate issued under paragraph (4) is in force —

(a) shall be known by the official title used in the State that is the person’s home State for the purposes of the European Union (Recognition of Professional Qualifications) Regulations 2015, and

(b) shall be entitled to conduct approved training courses for persons holding a provisional licence authorising the driving of A2 or A3 motorcycles and undertaken by them on an A2 or A3 motorcycle, as appropriate.

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

(7) A certificate issued pursuant to paragraph (4) ceases to be valid if the instructor ceases to be entitled under Part 2 of the European Union (Recognition of Professional Qualifications) Regulations 2015 to give paid instruction in the riding of A2 and A3 motorcycles on a temporary and occasional basis.

(8) Where—

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

(b) 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).

(9) Regulations 60A(6) and (9), 62(3) and 63 shall apply in respect of a person authorised under paragraph (1) 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.

(10) Where an authorisation given, or deemed to be given, under paragraph (1) of this regulation 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. ” .

(10) After Regulation 69 (exemptions from Part V) insert—

“ Review of Part V

69A. —(1) The Secretary of State must from time to time—

(a) carry out a review of regulations 58 to 69,

(b) set out the conclusions of the review in a report, and

(c) publish the report.

(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the Directive (to the extent to which it is implemented by these Regulations) is implemented in other member States.

(3) The report must in particular—

(a) set out the objectives intended to be achieved by the regulatory system established by regulations 58 to 69,

(b) assess the extent to which those objectives are achieved, and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(4) The first report under this regulation must be published by 9th December 2021.

(5) Reports under this regulation are afterwards to be published at intervals not exceeding five years.

(6) In this regulation “the Directive” means Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications ( 14 ) . ” .

(11) In Schedule 13 (approved motor bicycle training courses: forms of certificate)—

(a) in the references at the heading to the Schedule, for “Regulations 60, 65 and 68” substitute “Regulations 60, 60A, 65, 65A and 68”, and

(b) after Part 3, insert Parts 4 and 5 as set out in Schedule 1 to these Regulations.

Amendment of the Motor Cars (Driving Instruction) Regulations 2005

7. —(1)The Motor Cars (Driving Instruction) Regulations 2005( 15 ) are amended as follows.

(2) In regulation 2(1) (interpretation), in the definition of “approved driving instructor”, after “entered in” insert “Part 1 of”.

(3) In regulation 9(1) (additional conditions for entry of name on register), for “the name of a person in the register” substitute “in Part 1 of the register the name of a person who is required to pass the examination”.

(4) In regulation 11(1) (additional condition for retention of names on the register), after “person in” insert “Part 1 of”.

(5) In regulation 17(1) (fees), in column (2) of the Table in paragraph (1)—

(a) in item 6, after “name in” insert “Part 1 of”,

(b) in item 8, after “Entry to” insert “Part 1 of”, and

(c) in item 9—

(i) after “Entry to” insert “Part 1 of”, and

(ii) for “125(7)” substitute “125(3A)(b) or (7)”.

(6) In regulation 18 (official title of registered person and certificate of registration)—

(a) at the end of the heading insert “: Part 1”,

(b) in paragraph (1), after “are in” insert “Part 1 of”, and

(c) in paragraph (2), after “are in” insert “Part 1 of”.

(7) After regulation 18 insert—

“ Official title of registered person and certificate of registration: Part 2

18A. —(1) The official title for use by a person whose name is in Part 2 of the register shall be the title used in the State that is the person’s home State for the purposes of the European Union (Recognition of Professional Qualifications) Regulations 2015 ( 16 ) .

(2) The certificate for issue to persons whose names are in Part 2 of the register, as evidence of their names being therein, shall be in the form set out in Schedule 5A to these Regulations. ” .

(8) In regulation 19 (form of badge)—

(a) in the heading after “Form of badge” insert “: Part 1”, and

(b) after “are in” insert “Part 1 of”.

(9) After regulation 19 insert—

“ Form of badge: Part 2

19A. The badge for use by persons whose names are in Part 2 of the register as evidence of their names being therein shall be in the form set out in Schedule 6A to these Regulations. ” .

(10) After regulation 22 (revocations and transitional provisions) insert—

“ Review

23. —(1) The Secretary of State must from time to time—

(a) carry out a review of these Regulations,

(b) set out the conclusions of the review in a report, and

(c) publish the report.

(2) In carrying out the review, the Secretary of State must, as far as is reasonable, have regard to how the Directive (to the extent to which it is implemented by these Regulations) is implemented in other member States.

(3) The report must in particular—

(a) set out the objective intended to be achieved by the regulatory system established by these Regulations,

(b) assess the extent to which those objectives are achieved, and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(4) The first report under this regulation must be published by 9th December 2021.

(5) Reports under this regulation are afterwards to be published at intervals not exceeding five years.

(6) In this regulation “the Directive” means Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications ( 17 ) . ” .

(11) In Schedule 5 (forms of certificate), for the heading “Forms of Certificate” substitute “Form of Certificate: PART 1”.

(12) After Schedule 5, insert the Schedule set out in Schedule 2 to these Regulations.

(13) In Schedule 6 (form of badge), for the heading “Form of Badge” substitute “Form of Badge: PART 1”.

(14) After Schedule 6, insert the Schedule set out in Schedule 3 to these Regulations.

Regulation 6(11)(b)

SCHEDULE 1 PARTS TO BE INSERTED AFTER PART 3 OF SCHEDULE 13 TO THE MOTOR VEHICLES (DRIVING LICENCES) REGULATIONS 1999

“ PART 4 Temporary Certified Instructor’s Certificate

PART 5 Temporary Certified Direct Access Instructor’s Certificate

”

Regulation 7(12)

SCHEDULE 2 SCHEDULE TO BE INSERTED AFTER SCHEDULE 5 TO THE MOTOR CARS (DRIVING INSTRUCTION) REGULATIONS 2005

Regulation 18A(2)

“ SCHEDULE 5A FORM OF CERTIFICATE: PART 2

”

Regulation 7(14)

SCHEDULE 3 SCHEDULE TO BE INSERTED AFTER SCHEDULE 6 TO THE MOTOR CARS (DRIVING INSTRUCTION) REGULATIONS 2005

Regulation 19A

“ SCHEDULE 6A FORM OF BADGE: PART 2

”