Road Traffic and Roads Act 2023
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PART 5 Driving instruction | ||
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Amendment of Road Traffic Act 1968 | ||
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6. The Road Traffic Act 1968 is amended— | ||
(a) in section 6, by the substitution of “Schedule 1” for “the Schedule”, | ||
(b) in section 18— | ||
(i) by the insertion of the following subsection after subsection (1A): | ||
“(1B) The Road Safety Authority shall be responsible for the licensing of persons and the registration of licensed driving instructors in accordance with regulations made under this section.”, | ||
(ii) in subsection (2)— | ||
(I) in paragraph (a), by the insertion of “, and subsequent surrender or return,” after “revocation and suspension”, | ||
(II) in paragraph (aa)— | ||
(A) by the substitution of “plates, cards and badges” for “plates and badges”, | ||
(B) by the substitution of “plate, card or badge” for “plate or badge” in both places it occurs, and | ||
(C) by the insertion of “, and subsequent surrender or return” after “withdrawal”, | ||
(III) in paragraph (aaa), by the substitution of— | ||
(A) “licence or badge, card or plate” for “licence or badge or plate”, and | ||
(B) “plate, card or badge” for “plate or badge”, | ||
(IV) by the substitution of the following paragraph for paragraph (b): | ||
“(b) the qualifications of, tests to be passed by and courses of training to be undertaken by, persons in order to become and remain licensed driving instructors;”, | ||
(V) by the insertion of the following paragraph after paragraph (c): | ||
“(cc) the maintenance of a register of licensed driving instructors, the form of such register, the particulars to be entered on such register and the persons by whom, and the manner in which, the information contained in the register shall be made available;”, | ||
(VI) by the insertion of the following paragraphs after paragraph (e): | ||
“(ee) the notification by a licensed driving instructor to the Road Safety Authority where a person has completed a course, or part of a course, of training with the instructor, | ||
(ef) the transfer of information between licensed driving instructors and the Road Safety Authority;”, | ||
(VII) in paragraph (k), by the substitution of “plate, card or badge” for “plate or badge”, | ||
(VIII) by the insertion of the following paragraph after paragraph (k): | ||
“(kk) the carrying out of tests in respect of licensed driving instructors consisting of observation by an examiner of an instruction lesson given by the instructor to a learner driver or the examiner;”, | ||
(IX) in paragraph (l), by the substitution of “licences, cards or badges” for “licences or badges”, | ||
(X) by the insertion of the following paragraph after paragraph (l): | ||
“(la) the return of expired licences, cards and badges issued under regulations under this section;”, | ||
and | ||
(XI) in paragraph (o) by the substitution of “subsections (8) and (9)” for “subsection (8)”, | ||
and | ||
(iii) by the insertion of the following subsection after subsection (7): | ||
“(8) Where an applicant for a licence under regulations under this section is convicted of an offence under subsection (7) he or she shall be prohibited from holding such a licence for the period prescribed in regulations under this section in respect of the offence. | ||
(9) Where the holder of a licence is convicted of an offence under subsection (7), the licence shall stand revoked or, as the case may be, suspended in accordance with regulations under this section for the period prescribed in such regulations in respect of the offence.”, | ||
(c) by the insertion of the following section after section 18: | ||
“Disqualification of driving instructors | ||
18A. (1) An applicant for, or the holder of, a licence shall notify the Authority in writing if he or she has been, or is, convicted of an offence specified in Schedule 2. | ||
(2) A person convicted of an offence specified in Part 1 of Schedule 2 is disqualified for holding a licence for life from the date of such conviction. | ||
(3) Subject to subsection (4), a person convicted of an offence specified in Part 2 of Schedule 2 shall be disqualified for holding a licence for a period of 3 years from the date of such conviction. | ||
(4) Where, on foot of a conviction for an offence referred to in subsection (3), the person is sentenced to a term of imprisonment, the period of disqualification referred to in that subsection shall be extended by such term of imprisonment. | ||
(5) Where, on foot of a conviction for an offence specified in Part 3 of Schedule 2, a person is disqualified for holding a driving licence for a specified period, the person shall be disqualified for holding an instructor’s licence for the specified period and for a further period of 3 years. | ||
(6) A notification under subsection (1) shall be made— | ||
(a) where the person was convicted of the offence before making the application, at the time of making the application, and | ||
(b) where the person convicted is the holder of a licence, within— | ||
(i) 3 months of the commencement of this subsection, or | ||
(ii) 28 days of the expiry of the time allowed for appealing such conviction or of the determination or withdrawal of the appeal of such conviction, | ||
whichever is the later. | ||
(7) A notification under subsection (1) shall include details of— | ||
(a) the nature of the offence, | ||
(b) whether the conviction is one of a number of convictions for the same or different offences, | ||
(c) any penalty or sentence suffered on foot of the conviction, and | ||
(d) any disqualification or forfeiture imposed on foot of the conviction. | ||
(8) Where a person is disqualified for holding a licence under this section— | ||
(a) the Authority shall not grant a licence to the person, and | ||
(b) any licence held by the person shall stand revoked. | ||
(9) A person who fails to notify the Authority in accordance with this section or who provides information to the Authority under this section, knowing it to be false or misleading, commits an offence. | ||
(10) In this section— | ||
‘Authority’ means the Road Safety Authority; | ||
‘licence’ means a licence authorising a person to give for reward instruction in or in respect of driving a mechanically propelled vehicle. | ||
(11) A reference in this section to an offence specified in Schedule 2 includes a reference to an offence under the law of another jurisdiction which corresponds to that offence where the conduct constituting the offence under the law of that other jurisdiction would, if committed in the State, constitute an offence referred to in Schedule 2.”, | ||
(d) in the Schedule to that Act by the substitution of “Schedule 1 - Minor and consequential amendments of Principal Act” for “Schedule - Minor and consequential amendments of Principal Act”, and | ||
(e) by the insertion of the following Schedule after the Schedule to that Act: | ||
“SCHEDULE 2 | ||
Section 18A | ||
Specified Offences | ||
PART 1 | ||
Life Disqualification | ||
COMMON LAW OFFENCES | ||
1. Murder. | ||
2. Rape. | ||
INTERNATIONAL OFFENCES | ||
3. An offence under section 7 or 8 of the International Criminal Court Act 2006 . | ||
4. An offence under section 3 of the Geneva Conventions Act 1962 . | ||
SEXUAL OFFENCES | ||
5. An offence under section 3 or 6 of the Criminal Law Amendment Act 1885 . | ||
6. An offence under section 1 or 2 of the Punishment of Incest Act 1908 . | ||
7. An offence under section 2 , 3 or 4 of the Criminal Law (Rape) (Amendment) Act 1990 . | ||
8. An offence under section 5 of the Criminal Law (Sexual Offences) Act 1993 . | ||
9. An offence under section 2 of the Sexual Offences (Jurisdiction) Act 1996 . | ||
10. An offence under section 3 of the Child Trafficking and Pornography Act 1998 . | ||
11. An offence under section 2 of the Criminal Law (Sexual Offences) Act 2006 . | ||
12. An offence under section 21 or 22 of the Criminal Law (Sexual Offences) Act 2017 . | ||
TORTURE | ||
13. An offence under section 2 or 3 of the Criminal Justice (United Nations Convention Against Torture) Act 2000 . | ||
SUPPRESSION OF TERRORISM | ||
14. An offence under section 6 , 9 (1), 10 (1) or 11 of the Criminal Justice (Terrorist Offences) Act 2005 . | ||
PART 2 | ||
Disqualification for Specified Period | ||
COMMON LAW OFFENCE | ||
1. Manslaughter. | ||
OFFENCES AGAINST THE PERSON | ||
2. An offence under section 18 or 19 (1) of the Criminal Justice (Public Order) Act 1994 . | ||
3. An offence under the Non-Fatal Offences against the Person Act 1997 (other than section 2 or 16). | ||
SEXUAL OFFENCES | ||
4. An offence under section 3 of the Sexual Offences (Jurisdiction) Act 1996 . | ||
5. An offence under section 4 , 4A, 5 or 5A of the Child Trafficking and Pornography Act 1998 . | ||
6. An offence under section 246 or 249 of the Children Act 2001 . | ||
7. An offence under section 3 or 3A of the Criminal Law (Sexual Offences) Act 2006 . | ||
8. An offence under section 3 , 4 , 5 , 6 , 7 or 8 of the Criminal Law (Sexual Offences) Act 2017 . | ||
HUMAN TRAFFICKING OFFENCES | ||
9. An offence under section 2 , 4 or 5 of the Criminal Law (Human Trafficking) Act 2008 . | ||
THEFT AND FRAUD OFFENCES | ||
10. An offence under section 2 (2)(b), 3 (b) or 4 (b)(i) of the Criminal Damage Act 1991 . | ||
11. An offence under section 13 or 14 of the Criminal Justice (Theft and Fraud Offences) Act 2001 . | ||
FIREARMS OFFENCES | ||
12. An offence under section 2 or 15 of the Firearms Act 1925 . | ||
13. An offence under section 26 or 27 (inserted by sections 57 and 58 , respectively, of the Criminal Justice Act 2006 ) of the Firearms Act 1964 . | ||
14. An offence under section 8 , 9 , 10 or 11 of the Firearms and Offensive Weapons Act 1990 . | ||
UNLAWFUL TAKING OF MOTOR VEHICLE | ||
15. An offence under section 112 of the Road Traffic Act 1961 . | ||
PUBLIC ORDER OFFENCES | ||
16. An offence under section 14 , 15 , 16 or 17 of the Criminal Justice (Public Order) Act 1994 . | ||
17. An offence under section 176 of the Criminal Justice Act 2006 . | ||
OFFENCES IN RELATION TO AIRCRAFT AND VEHICLES | ||
18. An offence under section 11 of the Air Navigation and Transport Act 1973 . | ||
19. An offence under section 3 of the Air Navigation and Transport Act 1975 . | ||
20. An offence under section 10 of the Criminal Law (Jurisdiction) Act 1976 . | ||
OFFENCES AGAINST THE STATE | ||
21. An offence under section 7 (1), 8 (1) or 9 (1) or (2) of the Offences Against the State Act 1939 . | ||
INTERNATIONAL | ||
22. An offence under section 4 of the Geneva Conventions Act 1962 . | ||
23. An offence under section 2 , 3 or 4 of the Criminal Justice (Safety of United Nations Workers) Act 2000 . | ||
EXPLOSIVES | ||
24. An offence under section 2 or 3 of the Explosive Substances Act 1883 . | ||
MARITIME SECURITY OFFENCES | ||
25. An offence under section 2 or 3 of the Maritime Security Act 2004 . | ||
INCITEMENT TO HATRED | ||
26. An offence under section 2 of the Prohibition of Incitement to Hatred Act 1989 . | ||
PART 3 | ||
Disqualification for a Specified Period | ||
(Road Traffic Offences) | ||
1. An offence under section 52 of the Road Traffic Act 1961 . | ||
2. An offence under section 53 of the Road Traffic Act 1961 . | ||
3. An offence under section 4 of the Road Traffic Act 2010 . | ||
4. An offence under section 5 of the Road Traffic Act 2010 . | ||
5. An offence under section 12 or section 14 of the Road Traffic Act 2010 . | ||
ACCOMPLICES | ||
References in this Schedule to an offence include references to participation as an accomplice of a person who commits the offence.”. |