Road Traffic Act 1968

Regulations in relation to control of driving instruction.

18

18. (1) The Minister may make regulations in relation to the control of the giving for reward of instruction in or in respect of the driving of a mechanically propelled vehicle.

F5 [ (1A) ( a ) In this subsection

approval means a document authorising the holder to issue instruction certificates;

approved body means a body that holds an approval;

driving instruction means instruction given for reward in or in respect of the driving of a vehicle;

instruction certificate means a certificate referred to in paragraph (b)(ii) .

( b ) Regulations under this section may provide for

(i) the exemption from the regulations or specified provisions of the regulations of holders of instruction certificates as respects vehicles to which the certificates relate,

(ii) the issue of instruction certificates by an approved body to persons as respects whom the body is satisfied that they are competent, and appropriately qualified, to give driving instruction of a recognised standard specified in the regulations in respect of vehicles or vehicles of a specified class and the inclusion in the certificates of statements to the effect that the body is so satisfied,

(iii) the revocation by an approved body of an instruction certificate issued by it,

(iv) the grant by the Minister of approvals to persons as respects whom the Minister is satisfied that they are competent, and appropriately qualified, to assess the competence and qualifications of persons who apply to them for the issue of instruction certificates,

(v) the attachment of conditions by the Minister to approvals and the revocation or amendment of such conditions,

(vi) notification of the person concerned of a proposal to revoke an approval or instruction certificate, or to revoke or amend conditions of approvals, and of the reasons therefor,

(vii) the making of representations to the Minister or the approved body concerned by the persons affected in relation to proposals referred to in subparagraph (vi) and the consideration of any such representations by the Minister or by the body, as the case may be, before deciding whether to proceed with the proposals,

(viii) appeals to the District Court against a revocation or amendment aforesaid and against refusals to issue an approval or an instruction certificate,

(ix) applications for approvals and the conditions to be complied with by applicants (including conditions relating to competence, standards and qualifications and the payment of fees to the Minister),

(x) the systems to be established by approved bodies for ascertaining and assessing from time to time the competence and standards of holders of instruction certificates, and

(xi) the entry on premises of approved bodies and applicants for approvals at all reasonable times by duly authorised officers of the Minister and the examination and copying by such officers of records and other documents, whether in electronic or other form, kept there and the provision to such officers by such bodies and applicants and their staff of such information as they may reasonably request for the purposes of the functions of the Minister under this subsection. ]

(2) Regulations under this section may, in particular and without any prejudice to the generality of subsection (1), provide for all or any of the following matters:

F6 [ ( 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) the qualifications of licensed driving instructors;

( c) the payment of specified fees in respect of licences and applications for licences and the disposition of such fees;

( d) the conduct and duties of licensed driving instructors;

F7 [ ( da ) the fitness of applicants for driving instructor licences; ]

( e) the keeping and inspection of specified records, the issue of specified certificates and the specifying of the persons by whom such records are to be kept and such certificates are to be issued;

( f) the inspection of courses of instruction given by licensed driving instructors and of vehicles used by them when giving such courses;

( g) the prohibition or the restriction of the giving for reward by a person other than a licensed driving instructor, of instruction in or in respect of the driving of a mechanically propelled vehicle, and the prohibition of a person from employing a driving instructor who is not a licensed driving instructor for the purpose of giving instruction for reward in or in respect of the driving of a mechanically propelled vehicle;

( h) the prohibition of a person other than a licensed driving instructor from holding himself out as a licensed driving instructor, and the prohibition of a person employing a driving instructor other than a licensed driving instructor from holding that driving instructor out as a licensed driving instructor;

( i) the type of vehicle in which the giving for reward of instruction in or in respect of the driving of a mechanically propelled vehicle may be carried on, the fittings required to be in or on such a vehicle and the prescribing of any other conditions subject to which such a vehicle may be used for such instruction.

F7 [ ( 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 S í och á na 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 S í och á na 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) . ]

(3) Different regulations may be made under this section in respect of different classes of vehicles and for different circumstances.

(4) A certificate purporting to be issued pursuant to regulations under this section and stating that a specified person was on a specified day the holder of a licence under the regulations shall, without proof of the signature of the person purporting to sign it or that he was the proper person to issue it, be evidence in any legal proceedings until the contrary is shown of the matters so stated.

(5) In a prosecution for an offence under this section in which a licence under regulations under this section is material, it shall be presumed, until the contrary is shown by the defendant, that at the material time, such a licence, then having effect, was not held.

(6) Whenever a person (in this subsection referred to as the instructor) is accompanying the holder of a provisional licence (within the meaning of section 35 of the Principal Act) while such holder is driving a mechanically propelled vehicle in a public place, the instructor shall be deemed, in any prosecution for an offence under this section, to be giving for reward instruction in or in respect of the driving of that vehicle until the contrary is shown by the instructor.

F8 [ (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 class A fine 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 class C fine. ]

Annotations:

Amendments:

F5

Inserted (3.04.2006) by Road Traffic Act 2002 (12/2002), s. 19, S.I. No. 134 of 2006.

F6

Substituted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 85(a), S.I No. 555 of 2011.

F7

Inserted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 85(b), (c), S.I. No. 255 of 2011.

F8

Substituted (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 5, S.I. No. 542 of 2011.

Modifications (not altering text):

C15

Meaning of “provisional licence” in collectively cited Road Traffic Acts 1961 to 2006 extended (21.07.2006) by Road Traffic Act 2006 (23/2006), s. 11(3), S.I. No. 384 of 2006.

Learner permit.

...

(3) A reference to a provisional licence in the Road Traffic Acts 1961 to 2006 or an instrument made thereunder is to be read as a reference to a learner permit.

...

Editorial Notes:

E52

Power pursuant to section exercised (9.04.2020) by Road Traffic (Courses of Instruction) (Motorcycles) (Extension of Period of Validity of Certificate) Regulations 2020 (S.I. No. 123 of 2020).

E53

Power pursuant to section exercised (5.11.2018) by Road Traffic (Courses of Instruction) (Motorcycles) (Amendment) Regulations 2018 (S.I. No. 433 of 2018).

E54

Power pursuant to section exercised (5.11.2018) by Road Traffic (Courses of Instruction) (Cars) (Amendment) Regulations 2018 (S.I. No. 406 of 2018).

E55

Application for licence or renewal of licence under section remains subject to general requirement for disclosure of convictions, as provided (29.04.2016) by Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (4/2016), s. 11(1)(b), S.I. No. 215 of 2016.

E56

Power pursuant to section exercised (20.12.2011) by Road Traffic (Courses of Instruction) (Motorcycles) Regulations 2011 (S.I. No. 681 of 2011).

E57

Power pursuant to section exercised (4.04.2011) by Road Traffic (Courses of Instruction) (Cars) Regulations 2011 (S.I. No. 172 of 2011).

E58

Power pursuant to section exercised (3.06.2009) by Road Traffic (Driving Instructor Licensing) (No. 2) Regulations 2009 (S.I. No. 203 of 2009).

E59

Previous affecting provision: penalty in subs. (7) increased (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18, S.I. No. 86 of 2007; superseded as per F-note above.

E60

Previous affecting provision: subs. (7) substituted by Road Traffic Act 2010 (25/2010), s. 85(d), not commenced; substituted as per F-note above.

E61

Previous affecting provision: penalty in subs. (1) increased (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 23, S.I. No. 491 of 2002.

E62

Previous affecting provision: subs. (7) substituted (18.07.1984) by Road Traffic (Amendment) Act 1984 (16/1984), s. 4(5), commenced on enactment; substituted as per E-note above.