Statutory Rules of Northern Ireland

"approved driving instructor" means a person whose name is entered in the register;

"community licence" means a document issued in respect of a member State other than the United Kingdom by an authority of that or another member State (including the United Kingdom) authorising the holder to drive a motor vehicle, not being -

(a) a document containing a statement to the effect that that or a previous document was issued in exchange for a document issued in respect of a State other than a member State, or

(b) a document in any of the forms for an international driving permit annexed to the Paris Convention on Motor Traffic of 1926, the Geneva Convention on Road Traffic of 1949 or the Vienna Convention on Road Traffic of 1968;

"continued ability and fitness test" means the test of continued ability and fitness to give instruction in the driving of motor cars referred to in regulation 5(3) and the nature and content of which is prescribed in regulation 15;

"Department" means the Department of the Environment;

"driving ability and fitness test" means the practical test of ability and fitness to drive referred to in the definition of "examination" and the nature of which is prescribed in regulation 11;

"examination" means the examination of ability to give instruction in the driving of motor cars and for the purpose of these Regulations shall consist of the test of driving theory and hazard perception, the driving ability and fitness test and the instructional ability and fitness test;

"examiner", in relation to part of the examination or the continued ability and fitness test, means an officer of the Department appointed to conduct that part of the examination or that test;

"instructional ability and fitness test" means the practical test of ability and fitness to give instruction in the driving of motor cars referred to in the definition of "examination" and the nature of which is prescribed in regulation 12;

"the Order of 1981" means the Road Traffic (Northern Ireland) Order 1981;

(a) he has passed the three parts of the examination in the following order:


(i) the theory test;

(ii) the driving ability and fitness test; and

(iii) the instructional ability and fitness test;



(b) he passed the driving ability and fitness test on his first, second or third attempt after he had passed the theory test;

(c) within two years after passing the theory test and having passed the driving ability and fitness test he made an application to take the instructional ability and fitness test; and

(d) he passed the instructional ability and fitness test on his first, second or third attempt after he had passed the theory test, and on a date appointed by the Registrar in respect of an application made in accordance with sub-paragraph (c).

    (5) For the purposes of this regulation -

(a) where a person has commenced the driving ability and fitness test or the instructional ability and fitness test and does not complete the test, the person shall be treated as having failed the test in question unless the Registrar is satisfied that the person had a reasonable excuse for not completing that test;

(b) subject to sub-paragraph (c), a reference to the passing of the theory test or the driving ability and fitness test (including paragraph (4)(a)) shall, in relation to a person who has passed that examination or test (as the case may be) on more than one occasion, be read as a reference to the last of those occasions; and

(c) if a person takes the theory test on an occasion when he is not eligible to take it he shall not in any circumstances be regarded as having passed on that occasion.

(a) his method, clarity, adequacy and correctness of instruction;

(b) his observation and proper correction of the pupil's errors;

(c) his manner, patience and tact in dealing with the pupil; and

(d) his ability to inspire confidence.

    (5) The candidate shall provide a motor car which is a passenger vehicle and which conforms to the requirements as laid out in Regulation 13(2) and (3) and in respect of which there shall be in existence at the time of the test a policy of insurance which shall include the liability of the driver and the person in charge of the vehicle to passengers in the vehicle.

    (6) The candidate shall, during the test, allow to travel in the vehicle -

(a) the person authorised to conduct the test; and

(b) any person or persons authorised by the Department for the purpose of supervising the test or otherwise.

    (7) Where a candidate has undergone a test of continued ability and fitness to instruct and has not been successful and where another opportunity at the test is given, he shall be required to undergo the test within fourteen weeks from the date of being unsuccessful.

(a) fulfils the conditions laid out in regulation 5(1)(c) and (d);

(b) is a fit and proper person to hold a licence;

(c) has passed the theory test and the driving ability and fitness test;

(d) has passed the driving ability and fitness test after passing the theory test;

(e) has passed the driving ability and fitness test on his first, second or third attempt after he had passed the theory test;

(f) makes the application within two years after passing the theory test;

(g) has not failed the instructional ability and fitness test more than twice since he passed the theory test;

(h) submits with his application for a licence the name, address and registration number of the approved driving instructor who has consented to take responsibility for his supervision in accordance with regulation 21(2) (and the counter-signature of the application by that approved driving instructor shall be taken as sufficient evidence of such consent).

(a) where no appeal under regulation 24 is brought against the decision within the time limited for the appeal, on the expiration of that time;

(b) where such an appeal is brought and is withdrawn or struck out for want of prosecution, on the withdrawal or striking out of the appeal;

(c) where such an appeal is brought and not withdrawn or struck out as aforesaid, if and when the appeal is dismissed, and not otherwise.

(a) the date;

(b) the total number of hours spent giving instruction from the establishment;

(c) the periods spent under the supervision of the approved driving instructor;

(d) the signature of the holder of the licence; and

(e) the counter-signature of the person referred to in paragraph 3 of regulation 21.

(a) a current passport;

(b) a current cheque guarantee card or credit card bearing a photograph and signature of the person;

(c) an employer's identity card bearing a photograph and signature of the person;

(d) a trade union card bearing a photograph and signature of the person;

(e) a current electoral identity card issued by the Chief Electoral Officer for Northern Ireland and bearing a photograph and signature of the person; and

(f) a photograph of the person which has been endorsed with a certificate in the prescribed form signed by an acceptable person.

     2. In this Schedule -

"acceptable person" means a Member of Parliament, district council councillor, Justice of the Peace, minister of religion, barrister, solicitor, teacher, medical practitioner, bank official, established civil servant or police officer.

"the prescribed form", in relation to a certificate, means the following -

" I, [Name of acceptable person], certify that this is a true likeness of [Name of candidate], who has been known to me for [Number of Years] Years in my capacity as [Specify capacity].
Signed

---

Date

---

Business or profession

---

Telephone Number

---

"

(a) a Community Licence which authorises its holder to drive a motor car in Northern Ireland is an acceptable licence for registration purposes (regulation 5(1)(c)(iii));

(b) a person may have his name removed from the register of approved driving instructors if he fails to appear for the test of continued ability and fitness to give instruction on more than two occasions (regulation 8(1));

(c) where a person has failed the theory test on his third attempt he shall not be eligible to take it again for a period of two years commencing on the date of the first attempt (regulation 9(3));

(d) the test of driving technique shall, so far as possible, be conducted both on urban roads and on roads of different classes outside built-up areas (regulation 11(3));

(e) in the test of driving ability the candidate taking the test of driving ability is required to demonstrate their ability to carry out activities relating to vehicle safety (regulation 11(4));

(f) the vehicle used in the driving ability and fitness test or the instructional ability and fitness test must have appropriate seat belts fitted to the front and rear seats and be fitted with an interior rear view mirror providing adequate rearward vision from the front passenger seat. The vehicle must also have head restraints fitted and must have an additional interior rear view mirror which can be used from the passenger seat (regulation 13);

(g) a person submitting himself for the driving ability and fitness test or the instructional ability and fitness test must produce an appropriate licence specified in regulation 5(1)(c) or photographic identification specified in Schedule 4 (regulation 14);

(h) a candidate failing to pass the continued ability and fitness test shall be required to undergo a further such test within fourteen weeks from the date of that failure (regulation 15(7));

(i) additional conditions to be satisfied for the grant of a licence are imposed; namely that an applicant should have passed the theory test and the driving ability and fitness test and not failed the instructional ability and fitness test on two occasions in order to be granted a licence (regulation 17);

(j) a new condition is imposed subject to which a licence may be granted, namely that the record of one fifth supervision be maintained for the entire six month period of the trainee licence (but not a substitute licence) (regulation 21); and

(k) new provision is made relating to the repayment of fees under certain circumstances (regulation 26).