Road Traffic Act 2010

Regulations — control of driving instructors.

85.— Section 18(2) of the Act of 1968 is amended by—

(a) substituting for paragraph (a) the following:

“(a) the licensing of driving instructors (including the refusal to grant a licence and the revocation and suspension of a licence);

(aa) the issuing of plates and badges to licensed driving instructors (including the refusal to issue a plate or badge and the withdrawal of a plate or badge);

(aaa) appeals by an applicant refused a licence or badge or plate, a holder of a licence whose licence has been revoked or suspended and the holder of a plate or badge which has been withdrawn;”,

(b) inserting after paragraph (d) the following:

“(da) the fitness of applicants for driving instructor licences;”,

(c) inserting after paragraph (i) the following:

“(j) the facilities and conditions attached to them, equipment and resources which driving instructors must have and comply with;

(k) the display of any plate or badge by a licensed driving instructor while giving driving instructions for reward;

(l) the production to a member of the Garda Síochána or an officer of the Road Safety Authority for inspection of any licences or badges issued under Regulations under this section;

(m) the examination or inspection of records under regulations under this section by a member of the Garda Síochána or an officer of the Road Safety Authority;

(n) the detention and examination of a vehicle for the purposes of regulations under this section by such a member or officer;

(o) matters for the purposes of subsection (8).”,

and

(d) by substituting for subsection (7) the following:

“(7) A person who contravenes or fails to comply with a regulation under this section which is stated to be a penal regulation commits an offence and is liable on summary conviction—

(a) in the case of a contravention of a regulation—

(i) prohibiting or restricting the giving for reward of instruction by a person other than a licensed driving instructor or prohibiting the employment of such a person for the purpose of giving instruction for reward, or

(ii) prohibiting a person other than a licensed driving instructor from holding himself or herself out as a licensed driving instructor or prohibiting a person employing a driving instructor other than a licensed driving instructor from holding that driving instructor out as a licensed driving instructor,

to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 3 months or to both, and

(b) in the case of any other failure or contravention, to a fine not exceeding €2,000.

(8) Where a person is convicted of an offence under subsection (7) the person—

(a) if an applicant for a licence under regulations under this section, is prohibited from holding such a licence, or

(b) if the holder of such a licence, the licence is revoked in the circumstances prescribed under this section or suspended,

for the period referred to in regulations under this section and different periods may be prescribed in relation to different contraventions.”.