S.I. No. 203 of 2009

ROAD TRAFFIC (DRIVING INSTRUCTOR LICENSING) (No. 2) REGULATIONS 2009

ARRANGEMENT OF REGULATIONS

PART 1

Preliminary and general

1. Citation.

2. Commencement.

3. Definitions and interpretation.

PART 2

Authorisation of driving instructors

4. Application for driving instructor's licence.

5. Applicant to hold appropriate driving licence, etc.

6. Tests that an applicant must pass.

7. Theory test.

8. Test of driving ability.

9. Test of ability to give instruction.

10. Timing and sequence of tests.

11. Recognition of prior qualifications and experience.

12. Re-taking test after failure.

13. Refund of test fees in certain circumstances.

14. Obligation to notify Authority of certain changes.

15. Grant of driving instructor's licences.

16. Entry in the Register.

PART 3

The Register of Approved Driving Instructors

17. Register of Approved Driving Instructors.

18. Contents of an entry in the Register.

19. Inspection and publication of Register.

20. Certified copies from the Register.

PART 4

Driving instruction

21. Offence-provision of driving instruction for reward by unlicensed persons.

22. Offence-employment of unlicensed persons to give driving instruction for reward.

23. Display of ADI card.

24. Vehicles in which instruction must be given.

25. Training records-keeping and inspection.

26. Notice of convictions, etc.

PART 5

Administration of driving instructor's licences

27. Validity period of driving instructor's licences.

28. Renewal-driving instructor's licences other than trainee driving instructor's licences.

29. Renewal-trainee driving instructor's licences.

30. Renewal of expired licence in certain circumstances.

31. Check testing generally.

32. Bi-annual check testing.

33. Check testing other than bi-annually.

34. Other grounds for suspension and cancellation of driving instructor's licences.

35. Procedure for suspension or cancellation of driving instructor's licences.

36. Automatic cancellation on disqualification for holding a driving licence.

37. Return of suspended or cancelled driving instructor's licences.

38. Surrender of driving instructor's licence.

39. Voluntary removal from driving instructor's licence of vehicle category.

40. Re-grant of surrendered driving instructor's licence.

41. Reinstatement of vehicle category after voluntary removal from driving instructor's licence.

PART 6

General administration

42. Examiners.

43. Issue of duplicate driving instructor's licence or ADI card.

44. Question bank.

45. Fees.

46. Authority to be competent authority for Directive 2005/36/EC.

47. Forms

PART 7

Saving and transitional provisions

48. Previous applications, etc.

49. Particular temporary provision for certain persons who have passed certain tests.

50. Licences or certificates issued previously.

51. Revocation of previous Regulations.

SCHEDULE 1

Forms

SCHEDULE 2

Test of driving ability

SCHEDULE 3

Subjects for test of ability to give instruction

SCHEDULE 4

Evaluating qualifications of applicants for exemption from a test stage

SCHEDULE 5

Form of driving instructor's licence

SCHEDULE 6

Form of ADI Card

SCHEDULE 7

Trainee instruction

Part 1

Supervision log

Part 2

Certificate of Completion of training

Part 3

Trainee driving instructor's licence-competencies

SCHEDULE 8

Forms of driving instructors' log books

S.I. No. 203 of 2009

ROAD TRAFFIC (DRIVING INSTRUCTOR LICENSING) (No. 2) REGULATIONS 2009

Notice of the making of this Statutory Instrument was published in

"Iris Oifigiúil" of 2nd June, 2009.

I, NOEL DEMPSEY, Minister for Transport, in exercise of the powers conferred on me by section 18 of the Road Traffic Act 1968 (No. 25 of 1968) and the National Roads and Road Traffic (Transfer of Departmental Administration and Ministerial Functions) Order 2002 ( S.I. No. 298 of 2002 ) (as adapted by the Public Enterprise (Alteration of Name of Department and Title of Minister) Order 2002 ( S.I. No. 305 of 2002 )), hereby make the following regulations:

PART 1 PRELIMINARY AND GENERAL

Citation

1. These Regulations may be cited as the Road Traffic (Driving Instructor Licensing) (No. 2) Regulations 2009.

Commencement

2. (1) These Regulations (other than Regulation 25) come into operation on the day after their making is notified in Iris Oifigiúil.

(2) Regulation 25 comes into operation on 2 November 2009.

Definitions and interpretation

3. (1) In these Regulations-

"1961 Act" means the Road Traffic Act 1961 (No. 24 of 1961);

"approved driving instructor" means a person who holds a driving instructor's licence and, except where the contrary is stated, includes a trainee driving instructor;

"examiner" means an officer of the Authority designated by the Authority under Regulation 42;

"Authority" means the Road Safety Authority established by section 3 of the Road Safety Authority Act 2006 (No. 14 of 2006);

"category" means a category of vehicle set out in the Table to Regulation 6 of the Driver Licensing Regulations, and includes a sub-category of a category;

"driving licence" means an Irish driving licence or an EU driving licence;

"Driver Licensing Regulations" means the Road Traffic (Licensing of Drivers) Regulations 2006 ( S.I. No. 537 of 2006 );

"EU driving licence" means a driving licence referred to in regulation 2(1) of the European Communities (Recognition of Driving Licences of Other Member States) Regulations 2008 ( S.I. No. 464 of 2008 );

"driving instructor's licence" means a driving instructor's licence issued under Regulation 15(1), and, except where the contrary is stated, includes a trainee driving instructor's licence;

"Irish driving licence" means a driving licence issued under section 22 of the 1961 Act;

"medical practitioner" means a person who is fully registered in the General Register of Medical Practitioners established under section 26 of the Medical Practitioners Act 1978 (No. 4 of 1978);

"prescribed fee", for a test or service, means the fee set out for the test or service in the table in Regulation 45;

"Register" means the Register of Approved Driving Instructors established under Part 3;

"student driver" means a person who is receiving driving instruction in a vehicle of a class for which he or she holds a learner permit;

"test of driving ability" means the test described in Regulation 8;

"test of ability to give instruction" means the test described in Regulation 9;

"theory test" means the test described in Regulation 7;

"trainee driving instructor" means a person who holds a trainee driving instructor's licence; and

"trainee driving instructor's licence" means a driving instructor's licence issued under Regulation 15(2).

(2) A reference in these Regulations to a driving licence of a particular category is a reference to a driving licence that authorises the holder to drive, in the State, a vehicle in that category.

PART 2 Authorisation of driving instructors

Application for driving instructor's licence

4. (1) An application for a driving instructor's licence shall be made on Form 1 in Schedule 1.

(2) The application shall be accompanied by-

(a) if the applicant holds a trainee driving instructor's licence-

(i) that licence, and

(ii) the record of the instruction that he or she has given under supervision,

(b) if the applicant proposes to rely on an attestation of competence, or evidence of formal qualifications (in each case within the meaning given by Regulation 2(1) of the Recognition of Professional Qualifications (Directive 2005/36/EC) Regulations 2008 ( S.I. No. 139 of 2008 )), a copy of the attestation or evidence and a written application for their recognition,

(c) any other certificates or other evidence of qualifications or instructional experience on which the applicant proposes to rely and a written application for their recognition,

(d) two photographs of the applicant, to the same standard as is required to apply for a passport,

(e) a current tax clearance certificate issued under section 1095 (inserted by section 127 of the Finance Act 2002 (No. 5 of 2002)) of the Taxes Consolidation Act 1997 (No. 39 of 1997), and

(f) a completed application (in Form 2 in Schedule 1) for vetting by the Gárda Síochána.

(3) An applicant shall complete an application form for a driving instructor's licence, for the recognition of qualifications or for vetting in accordance with the instructions on it, and shall make any declaration on the form.

(4) At the time of application the applicant shall also pay the prescribed fee for-

(a) in the case of an application for a trainee driving instructor's licence, the theory test and the test of driving ability (or any of those tests from which the applicant has not sought an exemption), or

(b) in any other case, the theory test, the test of driving ability and the test of ability to give instruction (or any of those tests from which the applicant has not sought an exemption).

Applicant to hold appropriate driving licence, etc

5. (1) Subject to paragraph (2), a person is not eligible to apply for a driving instructor's licence unless-

(a) he or she holds a driving licence that entitles him or her to drive, in the State, vehicles in each licence category for which he or she applies for the driving instructor's licence, and

(b) he or she-

(i) has held that driving licence continuously for two years as at the date of application, or

(ii) has held, for a period totalling two years-

(I) that driving licence, and

(II) a recognised foreign licence or permit that entitled him or her to drive, in the State, vehicles in each licence category for which he or she applies for the driving instructor's licence and was exchanged for that driving licence,.

(2) In paragraph (1)(b)(ii)(II), "recognised foreign licence or permit" means a licence or permit recognised under article 2 of the Road Traffic (Recognition of Foreign Driving Licences) Order 2007 (S.I. No. 527 of 2007) for the purposes of exchange for a driving licence, but does not include an EU driving licence.

(3) Despite paragraph (1), a person may apply for a driving instructor's licence in category C, D, EC or D1 if he or she holds-

(a) a driving licence that entitles him or her to drive, in the State, vehicles in each licence category for which he or she applies for the driving instructor's licence, and

(b) a driving instructor's licence authorising him or her to give instruction for vehicles of category B.

(4) An applicant for a trainee instructor's licence must submit with his or her application a declaration, in the form in Part 2 of Schedule 7, by an approved driving instructor (other than a trainee driving instructor) that the applicant has completed 20 hours of initial training, in accordance with Part 3 of Schedule 7, covering all the subjects listed in that Part.

Tests that an applicant must pass

6. An applicant for a driving instructor's licence shall pass 3 tests, as follows:

(a) the theory test;

(b) the test of driving ability;

(c) the test of ability to give instruction.

Theory test

7. (1) The theory test consists of at least 100 questions chosen from the question bank referred to in Regulation 44.

(2) Despite paragraph (1), if the Authority is satisfied that a particular applicant has appropriate qualifications or experience, the Authority may administer to the applicant a theory test consisting of fewer than 100 questions.

(3) The theory test may be administered by the Authority, or another appropriate person that the Authority designates.

(4) The Authority shall make appropriate arrangements for the theory test with any person so designated.

(5) The theory test may be administered by means of a computer.

Test of driving ability

8. (1) The test of driving ability consists of the applicant's driving, under observation by an examiner, a vehicle of the category for which the applicant applied for a driving instructor's licence.

(2) The applicant passes the test if the examiner is satisfied that the applicant meets the following requirements:

(a) the applicant complies satisfactorily with the Rules of the Road while driving;

(b) the applicant is competent to drive vehicles of each category of vehicle in respect of which the application is made;

(c) the applicant can carry out satisfactorily on a road all of the operations specified in Schedule 2 that are applicable to each such category;

(d) the applicant does not commit-

(i) any fault that is serious enough to justify failing the applicant,

(ii) more than 2 faults under any one aspect of the test, or

(iii) more than 4 faults overall.

(3) The vehicle in which the test is undertaken-

(a) shall have a seat for at least one person in addition to the driver, unless it is a vehicle that is not constructed nor adapted to carry a passenger,

(b) shall be roadworthy,

(c) shall comply with the minimum vehicle requirements in Schedule 5 of the Driver Licensing Regulations, and

(d) if it is the drawing component of an articulated vehicle, shall have attached to it the drawn component of such a vehicle.

(4) If the vehicle is required to have a seat for at least one person in addition to the driver, the examiner shall accompany the applicant during the test.

(5) The marking sheet to be used for the test is as set out in Schedule 2.

Test of ability to give instruction

9. (1) The test of ability to give instruction has two parts-

(a) giving instruction to a novice driver, and

(b) giving instruction to a more experienced learner.

(2) Each part consists of observation by an examiner of the applicant giving driving instruction to a novice driver or to a more experienced learner, as the case may be, on any one or more of the subjects in Schedule 3 applicable to the category of vehicle for which the applicant has applied for a driving instructor's licence.

(3) The applicant passes the test if the examiner is satisfied that-

(a) the applicant can clearly and correctly instruct both a novice driver and a more experienced learner on the subjects in Schedule 3, and

(b) the instruction given complies satisfactorily with the Rules of the Road.

(4) In this Regulation-

"more experienced learner" means a learner driver who has taken more than 10 hours of instruction with a approved driving instructor in respect of a vehicle category; and

"novice driver" means a learner driver who has taken less than 3 hours of instruction with a licensed driving instructor in respect of a vehicle category.

Timing and sequence of tests

10. (1) An applicant is not eligible to take the test of driving ability until he or she has passed the theory test, and is not eligible to take the test of ability to give instruction until he or she has passed the test of driving ability.

(2) Subject to paragraph (3), an applicant shall pass the test of driving ability and the test of ability to give instruction within 24 months after passing the theory test.

(3) If, because of illness that lasted for 3 months or longer (as certified by a medical practitioner), an applicant was not able to undertake the test of driving ability or the test of ability to give instruction within the period allowed by paragraph (2), the Authority may allow a longer period than specified in that paragraph (but not longer than 36 months after the applicant passes the theory test) to pass the test of driving ability and the test of ability to give instruction.

Recognition of prior qualifications and experience

11. (1) The Authority may exempt an applicant from passing any or all of the tests if he or she provides evidence of having reached an appropriate standard of proficiency by means of qualifications or experience.

(2) In considering whether the applicant has reached an appropriate standard by means of qualifications or experience, the Authority shall have regard to the criteria for evaluating previous qualifications set out in Schedule 4.

(3) If the Authority exempts an applicant from a test, it shall specify the vehicle categories in relation to which the person is exempted.

Re-taking test after failure

12. An applicant who has failed the theory test, the test of driving ability or the test of ability to give instruction may apply to take the test again and if he or she does so he or she shall again pay the prescribed fee for the test.

Refund of test fees in certain circumstances

13. If a person pays the prescribed fee for a test of driving ability or a test of ability to give instruction, the Authority may refund the fee if-

(a) within 10 days before the date arranged for the test, the applicant notifies the Authority in writing that he or she has decided not to undertake the test, giving reasons,

(b) the Authority is satisfied that the applicant had adequate reason for not undertaking the test, and

(c) the applicant has not submitted more than 2 other such notifications for tests arranged pursuant to the same application.

Obligation to notify Authority of certain changes

14. (1) A person who has applied for the grant of a driving instructor's licence must notify the Authority in writing within 7 days if any of the following events happens to him or her between the time of application and the time of grant of the licence-

(a) in the case of an applicant who, at the time of application, held an Irish driving licence, he or she ceases for any reason to hold that driving licence;

(b) in the case of an applicant who, at the time of application, held an EU driving licence, he or she ceases to hold that licence for any reason other than having exchanged it for an Irish driving licence,

(c) he or she is convicted, in the State or elsewhere, of any offence;

(d) he or she changes his or her name or address.

(2) A notification under paragraph (1) by an applicant to whom paragraph (1)(a) or (b) applies shall include a statement of the reasons why he or she ceased to hold the licence in question.

Grant of driving instructor's licences

15. (1) If an applicant for a driving instructor's licence (other than a trainee driving instructor's licence)-

(a) has passed, or has been exempted from having to pass, the test of driving ability in a test vehicle of a category specified in column 1 of the Table below,

(b) has passed, or has been exempted from having to pass, the theoretical test and the test of ability to give instruction,

(c) continues to hold the driving licence mentioned in his or her application, or a driving licence for which it was exchanged,

(d) has paid the prescribed fee for the grant of the licence,

the Authority shall grant him or her a driving instructor's licence for each vehicle category set out in column 2 of the Table opposite the mention in column 1 of the test vehicle category.

TABLE

(2) If an applicant for a trainee driving instructor's licence-

(a) has passed, or has been exempted from having to pass, the test of driving ability in a test vehicle of a category specified in column 1 of the Table in paragraph (1),

(b) has passed, or has been exempted from having to pass, the theory test,

(c) has completed 20 hours of training in accordance with Schedule 7,

(d) has as the sponsor of his or her application an approved driving instructor (other than a trainee driving instructor) approved by the Authority as a sponsor,

(e) continues to hold the driving licence mentioned in his or her application, or a driving licence for which it was exchanged, and

(f) has paid the prescribed fee for the grant of the licence,

the Authority shall grant him or her a trainee driving instructor's licence for each vehicle category set out in column 2 of the Table opposite the mention in column 1 of the test vehicle category.

(3) At the same time as the Authority grants a driving instructor's licence to a person, it shall-

(a) allot to the person a unique identifying number, and

(b) issue to the person an ADI card, bearing that number and appropriately marked to indicate whether the person's licence is a driving instructor's licence (other than a trainee driving instructor's licence) or a trainee driving instructor's licence.

(4) Until the end of 30 November 2009-

(a) if an applicant for a driving instructor's licence has passed the test of driving ability in a vehicle of category C1, the Authority may grant him or her a driving instructor's licence for the categories B, EB, W, C1, and EC1, and

(b) if an applicant for a driving instructor's licence has passed the test of driving ability in a vehicle of category D1, the Authority may grant him or her a driving instructor's licence for the categories B, EB, W, D1, and ED1.

(5) The Authority may refuse to grant a driving instructor's licence to an applicant if it becomes aware that the applicant's application was false or misleading in a material particular.

(6) A driving instructor's licence is to be in the form set out in Schedule 5.

(7) When the Authority grants a driving instructor's licence it shall issue to the holder of the licence an ADI card in the form set out in Schedule 6.

Entry in the Register

16. When the Authority grants a driving instructor's licence to a person, it shall also make the appropriate entry in the Register.

PART 3 The Register of Approved Driving Instructors

Register of Approved Driving Instructors

17. (1) The Authority shall establish and maintain the Register of Approved Driving Instructors.

(2) The Register may be kept by means of a computer system in non-legible form.

(3) The Register shall be in two parts, one for holders of current driving instructor's licences and one for former holders of driving instructor's licences that are not current.

(4) Each entry in the Register shall be in two parts, one for information that is to be publicly accessible and one for information that is not to be publicly accessible.

(5) The Authority may remove an entry from the Register if the holder of the licence concerned has died.

(6) Nothing in this Part prevents a driving instructor's licence being described in the Register as an instruction certificate, and the description in the Register of a driving instructor's licence as an instruction certificate does not render invalid the Register nor any entry in it.

Contents of an entry in the Register

18. An entry in the Register in relation to a driving instructor's licence shall contain-

(a) in the publicly accessible part-

(i) the holder's full name,

(ii) the categories of vehicle to which the licence applies,

(iii) the unique number allotted to the holder,

(iv) the date on which the licence expires,

(v) if the licence is a trainee driving instructor's licence, a statement of that fact, and

(vi) in the case of a trainee driving instructor's licence, the full name and address of the person who will supervise the holder while he or she gives instruction, and

(b) in the part that is not publicly accessible-

(i) the holder's address,

(ii) the number of the person's driving licence,

(iii) details of any suspension of the person's driving instructor's licence, including the period of the suspension, a statement of the reason for the suspension and particulars of the removal of the suspension, and

(iv) if the person's driving instructor's licence has been revoked, the date of the revocation and the reasons.

Inspection and publication of Register

19. (1) The Authority shall provide reasonable facilities at its offices for public inspection of the publicly accessible parts of entries in the Register.

(2) The facilities may be provided by means of a computer terminal or other computer system.

(3) The Authority may publish the publicly accessible parts of entries in the Register by any means it considers appropriate, including by making it available on the World Wide Web.

(4) A person who wishes to inspect an entry in the Register at the offices of the Authority shall pay the prescribed fee for the inspection.

(5) Notwithstanding paragraph (4), no fee is payable by an approved driving instructor to inspect his or her own entry in the Register.

Certified copies from the Register

20. (1) The Authority shall make arrangements to provide certified copies of the publicly accessible parts of entries from the Register.

(2) Subject to any other law, a certified copy of such an entry may include any other details from the entry that the Authority thinks appropriate.

(3) A request for a certified copy of the publicly accessible part of an entry in the Register shall be accompanied by the prescribed fee.

(4) Despite paragraph (3), no fee is payable by an approved driving instructor for a certified copy of his or her own entry in the Register.

(5) A certified copy shall be signed by an officer of the Authority.

PART 4 Driving instruction

Offence-provision of driving instruction for reward by unlicensed persons

21. (1) Subject to paragraphs (2) and (3), a person shall not give driving instruction for reward in a public place in a vehicle of a category for which section 38 of the 1961 Act requires the driver to hold a driving licence, unless the person holds a driving instructor's licence for vehicles of that category.

(2) If the person receiving the instruction holds a driving licence for the vehicle category, paragraph (1) applies only if the driving licence has code 78 endorsed on it and the vehicle has a manual transmission.

(3) Paragraph (1) does not apply if the person giving the instruction is a member of the Gárda Síochána, the Defence Forces or the staff of the Authority, and is giving the instruction in the course of his or her duties as such a member.

(4) Paragraph (1) is a penal provision.

Offence-employment of unlicensed persons to give driving instruction for reward

22. (1) A person shall not employ a person to give driving instruction for reward in a public place in a vehicle of a category for which section 38 of the 1961 Act requires the driver to hold a driving licence, unless the employed person holds a driving instructor's licence for vehicles of that category.

(2) Paragraph (1) is a penal provision.

Display of ADI card

23. (1) At all times while giving driving instruction, an approved driving instructor shall display his or her ADI card on the vehicle's dashboard in such a way that the face of the card is clearly visible to a driver under instruction.

(2) A supervisor who is supervising the holder of a trainee driving instructor's licence shall at all times display his or her ADI card in a clearly visible position on the front of his or her person.

(3) If the Authority requests the holder of an ADI card in writing to return his or her ADI card, the holder shall return the card to the Registrar within 14 days of the request.

(4) Paragraphs (1), (2) and (3) are penal provisions.

Vehicles in which instruction must be given

24. (1) Subject to paragraph (2), an approved driving instructor shall not give instruction in a vehicle for which a driving licence in category B, C, D or EC is required unless the vehicle is fitted with dual controls.

(2) Paragraph (1) does not apply if the vehicle is provided by the person to whom the instruction is being given.

(3) Paragraph (1) is a penal provision.

Training records-keeping and inspection

25. (1) An approved driving instructor shall keep a record, in the appropriate form set out in Schedule 8, for each pupil to whom he or she gives instruction.

(2) The supervisor of a trainee driving instructor shall keep a record of the supervision in the appropriate form set out in Schedule 7.

(3) An approved driving instructor or the supervisor of a trainee driving instructor shall make the record referred to in paragraph (1) or (2) available for inspection by the Authority at any reasonable time and place on reasonable notice.

(4) An approved driving instructor shall retain the record for a pupil for one year after the date of the last instruction he or she gives to the pupil.

(5) The supervisor of a trainee driving instructor shall retain the record for a trainee for one year after the supervisor last supervises the trainee.

(6) Paragraphs (1) to (5) are penal provisions.

Notice of convictions, etc

26. (1) An approved driving instructor shall notify the Authority in writing of any of the following events within 5 working days after the event happens:

(a) he or she ceases to hold a driving licence for any reason;

(b) he or she changes his or her address;

(c) in the case of an approved driving instructor who holds an authorisation (however described) to give driving instruction in another EEA Member State (that is, each of the Member States of the European Communities and Norway, Liechtenstein and Iceland) in which the provision of driving instruction is regulated, that authorisation is suspended, cancelled or revoked.

(2) A notification under paragraph (1) by an applicant to whom paragraph (1)(a) applies shall include a statement of the reasons why he or she ceased to hold the licence or permit in question.

(3) A notification under paragraph (1) by an applicant to whom paragraph (1)(c) applies shall include a statement of the reasons why the authorisation was suspended, cancelled or revoked.

(4) Paragraph (1) is a penal provision.

PART 5 Administration of driving instructor's licences

Validity period of driving instructor's licences

27. (1) A driving instructor's licence (other than a trainee driving instructor's licence) expires at the end of 2years from its date of grant.

(2) A trainee driving instructor's licence expires at the end of 6 months from its date of grant.

Renewal-driving instructor's licences other than trainee driving instructor's licences

28. (1) The holder of a driving instructor's licence (other than a trainee driving instructor's licence)-

(a) may renew the licence if and only if he or she has passed the check test that he or she most recently undertook within the term of the licence, but

(b) may not renew the licence at a time at which he or she does not hold a driving licence.

(2) The holder of a driving instructor's licence renews it by paying the prescribed fee for the grant of a driving instructor's licence within the period beginning 1 month before the date on which the licence is due to expire and ending 1month after the date on which it expired.

(3) The renewed licence expires on the second anniversary of the expiry of the previous licence, regardless of the actual date of the renewal.

Renewal-trainee driving instructor's licences

29. (1) A trainee driving instructor's licence is not renewable except in accordance with this Regulation.

(2) The holder of such a licence may apply for its renewal.

(3) The application shall set out the circumstances that justify renewal of the licence.

(4) The Authority may, in exceptional circumstances, renew such a licence for a stated period of no longer than 3 months.

Renewal of expired licence in certain circumstances

30. If a person failed to renew a driving instructor's licence (other than a trainee driving instructor's licence) within 1 month after its expiry, but satisfies the Authority that the failure was because of illness, the Authority shall renew the licence if, within 1 year after the expiry of the licence-

(a) the person applies for its renewal, producing an appropriate licence from a medical practitioner, and

(b) pays the prescribed fee for the renewal of the licence.

Check testing generally

31. (1) A check test of an approved driving instructor consists of observation by an examiner of an instruction lesson given by the instructor to-

(a) a student driver; or

(b) if the vehicle in which an approved driving instructor proposes to undertake a check test has passenger accommodation for only one person, or there is no student driver present, the examiner playing the part of a student.

(2) The Authority may require an approved driving instructor to be check tested in more than one category for which the instructor is licensed.

Bi-annual check testing

32. (1) An approved driving instructor (other than a trainee driving instructor) shall pass a check test (in this Regulation called a "bi-annual check test") at least every 2 years.

(2) If a person holds a driving instructor's licence for 2 or more vehicle categories, the Authority may decide which category of vehicle the person shall undertake the bi-annual check test in.

(3) The Authority shall not require an approved driving instructor to undertake a bi-annual check test in more than 1 category.

(4) If an approved driving instructor does not pass the check test, the Authority may-

(a) require him or her to undergo a further check test or tests, or

(b) cancel, or refuse to renew, his or her driving instructor's licence.

Check testing other than bi-annually

33. (1) If the Authority is satisfied that an approved driving instructor (other than a trainee driving instructor) does not have the appropriate skills to give driving instruction, it may give him or her notice in writing to undertake a check test.

(2) The notice shall set out the circumstances that justify requiring the approved driving instructor to undertake the test.

(3) Subject to paragraph (4), if the Authority notifies an approved driving instructor that he or she is required to undergo a check test, and he or she fails to undergo such a test within two months from the date of notification, his or her driving instructor's licence is suspended until he or she passes the required check test.

(5) If the Authority is satisfied that because of illness which continued for more than one month, as certified by a medical practitioner, the approved driving instructor concerned was not able to undertake the required check test-

(a) paragraph (3) does not apply, and

(b) he or she shall undertake the test as soon as reasonably practicable.

Other grounds for suspension and cancellation of driving instructor's licences

34. The Authority may cancel or suspend a person's driving instructor's licence if-

(a) he or she has been prohibited from giving driving instruction, or his or her right to give driving instruction has been suspended, in another Member State or Norway, Liechtenstein or Iceland, or

(b) it becomes aware that the person's application was false or misleading in a material particular.

Procedure for suspension or cancellation of driving instructor's licences

35. (1) If the Authority proposes to suspend or cancel a driving instructor's licence, it shall, before making its decision, notify the holder in writing of the proposed suspension or cancellation and the reasons for it.

(2) The notification shall specify-

(a) a reasonable period (at least 14 days) after the date of the notification within which the holder may make written representations about the decision, and

(b) an address to which representations shall be sent.

(3) In making its decision the Authority shall consider any representation made in writing by or on behalf of the holder, but need not consider a representation not made within the allowed time.

(4) The Authority shall give the holder written notice of its decision.

Automatic cancellation on disqualification for holding a driving licence

36. (1) If an approved driving instructor is disqualified for holding a driving licence, his or her driving instructor's licence is to be taken to be cancelled simultaneously.

(2) If the conviction that resulted in the disqualification is quashed on appeal, the driving instructor's licence is to be taken to be reinstated from the date of judgment on the appeal for the remainder (if any) of the term for which it was granted.

(3) Cancellation under paragraph (1) does not require a decision by the Authority.

(4) A person whose driving instructor's licence is cancelled under paragraph (1) shall return the licence and his or her ADI card to the Authority within 7 days after-

(a) if he or she appeals against the conviction concerned and the appeal is dismissed-the day on which the appeal is dismissed, or

(b) if he or she does not appeal against the conviction-the last day on which he or she could have appealed against the conviction concerned.

(5) Paragraph (4) is a penal provision.

Return of suspended or cancelled driving instructor's licences

37. (1) A person whose driving instructor's licence is suspended or cancelled shall return the driving instructor's licence and his or her ADI card to the Authority within 7 days of being notified of the Authority's decision to suspend or cancel it.

(2) Paragraph (1) is a penal provision.

Surrender of driving instructor's licence

38. (1) A person who holds a driving instructor's licence may surrender the licence by written notification to the Authority.

(2) With the notification the person shall return the driving instructor's licence and his or her ADI card to the Authority.

(3) The licence ceases to be valid on the date of the notification or a later date specified in it.

Voluntary removal from driving instructor's licence of vehicle category

39. (1) A person who holds a driving instructor's licence may by written notification to the Authority request the Authority to remove a reference to a vehicle category from the licence.

(2) With the notification the person shall return the driving instructor's licence and his or her ADI card to the Authority.

(3) The reference in the driving instructor's licence to the vehicle category ceases to be valid on the date of the notification or a later date specified in it.

(4) The Authority shall grant to the person a new licence and ADI card showing the vehicle categories in which the person is authorised to give instruction.

(5) Despite Regulation 27(1), a driving instructor's licence granted under this regulation expires on the same day as the licence that it replaced.

Re-grant of surrendered driving instructor's licence

40. (1) A person who has surrendered his or her driving instructor's licence (other than a trainee driving instructor's licence) may apply, within 2 years of the surrender, for the re-grant of the licence.

(2) The person shall pay the prescribed fee for the re-grant of a surrendered driving instructor's licence.

(3) If the Authority is satisfied that there is no reason not to do so it shall grant a new driving instructor's licence to the person.

Reinstatement of vehicle category after voluntary removal from driving instructor's licence

41. (1) A person who has requested the Authority to remove from his or her driving instructor's licence a reference to a vehicle category may apply, within 2 years of the removal, for the reinstatement on the licence of the reference to the vehicle category.

(2) With the request the person-

(a) shall return the driving instructor's licence and his or her ADI card to the Authority, and

(b) shall pay the prescribed fee for the reinstatement of the reinstated vehicle category.

(3) If the Authority is satisfied that there is no reason not to do so it shall reinstate the reference to the vehicle category on the licence.

(4) The Authority shall issue a new driving instructor's licence and ADI card to the person showing the vehicle categories in which the person is authorised to give instruction.

(5) Despite regulation 27(1), a driving instructor's licence granted under this regulation expires on the same day as the licence that it replaced.

PART 6 General administration

Examiners

42. The Authority may appoint persons as examiners for the purpose of conducting tests.

Issue of duplicate driving instructor's licence or ADI card

43. (1) An approved driving instructor may apply to the Authority for the issue to him or her of a duplicate driving instructor's licence or ADI card if his or her original driving instructor's licence or ADI card has been lost, stolen or destroyed, or damaged so as to be no longer readable.

(2) The application shall be made on form ADI3 in Schedule 1 and shall be accompanied by-

(a) two photographs of the applicant, to the same standard as is required to apply for a passport, and

(b) either-

(i) the driving instructor's licence or card, if the applicant still has it, or

(ii) evidence that the licence or card has been stolen or destroyed, and

(c) the prescribed fee.

(3) A duplicate driving instructor's licence or ADI card granted or issued under paragraph (1) has the same effect for all purposes as the original.

Question bank

44. (1) The Authority shall prepare and maintain a bank of questions appropriate to determine whether an applicant for a driving instructor's licence has the necessary theoretical knowledge, including the necessary knowledge of road law.

(2) The question bank may be kept and maintained in electronic form.

Fees

45. The prescribed fees are as set out in the following table-

Authority to be competent authority for Directive 2005/36/EC

46. The Authority is the competent authority in the State in relation to driving instruction for the purposes of Directive 2005/36/EC 1 of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications-

(a) for the purposes of issuing or receiving training diplomas and other documents or information, and

(b) to receive the applications and take the decisions referred to in that Directive and the Recognition of Professional Qualifications (Directive 2005/36/EC) Regulations 2007 (S.I. No. 139 of 2007).

Forms

47. Where a form is prescribed by these Regulations, nothing in these Regulations prevents the use of a form that describes a driving instructor's licence as an instruction certificate but is otherwise substantially the same as the prescribed form, and the use of a form (including a form of driving instructor's licence) that describes a driving instructor's licence as an instruction certificate does not render invalid the form itself or anything done on the basis of the form.

PART 7 Saving and transitional provisions

Previous applications, etc

48. (1) In this Regulation-

"old-system licence" means a licence or certificate or permit described as a driving instructor's licence or instruction certificate or permit issued by the Authority before the commencement of these Regulations;

"old-system test" means a test required by the Authority before the commencement of these Regulations as a prerequisite to being granted an old-system licence, being a test of the same general nature as the test of driving ability, the test of ability to give instruction or the theory test.

(2) If a person applied for an old-system licence, or passed an old-system test, before the commencement of these Regulations, but at the commencement of these Regulations the Authority had not issued or granted such a licence to the person, the Authority shall treat the application or test result as if the application had been made or the test conducted under these Regulations.

(3) If the person paid the fee then required for the test or application referred to in paragraph (2) before the commencement of these Regulations, the person need not pay any further fee for the test or application.

(4) If the person applied for an exemption from an old-system test before the commencement of these Regulations, and the Authority had not granted or refused the exemption before the commencement of these Regulations, the Authority shall treat the application as having been made under these Regulations, and any exemption granted has effect as an exemption from the corresponding test under these Regulations.

(5) If before the commencement of these Regulations a person referred to in paragraph (1) had been unsuccessful in an old-system test, and he or she undertakes the test of driving ability, the test of ability to give instruction or the theory test, he or she must pay the fee for that test in accordance with these Regulations.

Particular temporary provision for certain persons who have passed certain tests

49. (1) In particular, if before the commencement of these Regulations a person passed a test conducted by the Authority of the same general nature as the theory test he or she is to be taken, subject to this Regulation, to hold a driving instructor's licence.

(2) A person taken to hold a driving instructor's licence under paragraph (1) ceases to be taken to hold such a licence on 1 August 2009.

(3) If-

(a) a person taken to hold a licence under paragraph (1)-

(i) had, before the commencement of these Regulations, passed a test conducted by the Authority of the same general nature as the test of driving ability, or

(ii) passes the test of driving ability before 1 August 2009, and

(b) he or she passes the test of ability to give instruction before 1 August 2009,

the Authority shall grant him or her a driving instructor's licence.

(4) A requirement under these Regulations to undertake check testing does not apply to a person taken to hold a driving instructor's licence under paragraph (1).

(5) A licence that a person is taken hold under paragraph (1) is not renewable.

Licences or certificates issued previously

50. (1) A document described as a driving instructor's licence or instruction certificate, issued or granted before the commencement of these Regulations by the Authority, has effect according to its terms, on and after the commencement of these Regulations, as a driving instructor's licence.

(2) To any extent to which it has not already done so, the Authority shall issue to the holder of such a licence or certificate an appropriate ADI card, shall allot him or her a unique identification number, and shall make the appropriate entry in the Register.

Revocation of previous Regulations

51. The Road Traffic (Driving Instructor Licensing) Regulations 2009 ( S.I. No. 146 of 2009 ) are revoked.

SCHEDULE 1 Forms

Form 1-Application form

Form 2-Application for vetting by Garda Síochána

Form 3-Marking Sheet for stage 2 test (car)

Form 4-Marking sheet stage 2 test (motorcycle)

Form 5-Marking sheet, stage 3 test

Form 6-Check test report

Form ADI3

Application for a duplicate Approved Driving Instructor (ADI) Permit

Please attach two Passport style photographs

Office Use ADI/03 April 2009

If you are a holder of a Full ADI Permit and it has been lost or destroyed please enter your personal details for all of the questions below. The loss destruction should also be reported at your local Gárdai station

Please Note: It is a requirement to send in two new photographs for a duplicate permit (Signed on the Reverse).

Personal Details

1. Title Mr. Mrs. Miss. Ms.

2. First Name...................................... Surname .................

3. Date of birth ......................................................

4. PPS Number ......................................................

5. Full permit ref Number ......................................................

6. Correspondence address ......................................................

7. Website Address (available to the public)

.........................................................

8. Contact Telephone- Landline ..................... Mobile ...................

9. E-mail address ......................................................

10. Since Registration have you been convicted following a charge in relation to offences shown in the table below; (if yes please give details on a separate sheet of paper)

11. What is your driver licence number?

Country of issue ......................................................

12. How long have you been a holder of a full drivers licence?

-----------------------------------

Declaration

-�I declare that the information I have given is to the best of my knowledge true and accurate. My Driving Licence is valid and if currently working in the driving instruction industry I am properly insured for the purpose of carrying out driving instruction. The vehicles I provide for driving instruction are road worthy, properly maintained and in full compliance with the Road Traffic Act. I have not been disqualified from holding a driving licence, in the State, or by a Member State of the European Communities or the European Economic Area. I have not been disbarred from giving driving instruction by the competent authorities in a Member State of the European Communities or the European Economic Area. I enclose the fee of €100 for a duplicate ADI permit and undertake to return the original to the ADI unit of the RSA if it is subsequently recovered.

Signed ....................................................

Date ....................................................

ADI (3) April 2009

YOU MUST ENCLOSE THE 'DUPLICATE PERMIT' FEE OF €100

SCHEDULE 2 Test of driving ability

The following items are included in the stage 2 driving test. Each item corresponds to a section of the Marking and Report sheet-

Carrying out technical checks on five of the following-tyres, lights, reflectors, indicators, engine oil, coolant, washer fluid, steering, brakes, horn, power assisted steering, condition of the wheels, wheel nuts, mudguards, windscreen, windows, air pressure, air tanks, suspension, loading mechanism, the body, sheeting, cargo doors, cabin locking, tachograph, instrument panel, service doors, emergency exits, first aid equipment, fire extinguishers, other safety equipment

Cockpit drill

Road position on the straight, on bends, in traffic lanes, at cross junctions, at roundabouts, turning left and right, following traffic and stopping

Observation in moving off, in overtaking, in changing lane, at cross junctions, at roundabouts, in turning left and right

Reacting promptly and properly to hazards

Using mirrors properly and in good time-before signalling, when moving off, on the straight, overtaking, changing lane, at roundabouts, turning left and right, when slowing or stopping

Allowing adequate clearance when overtaking or passing: cyclists, pedestrians, stationary vehicles, other traffic, other objects and overtaking safely

Giving correct signals in good time when moving off, overtaking, changing lane, at roundabouts, turning left and right, stopping, and when giving hand signals

Cancel signals promptly

Not giving misleading signals

Making reasonable progress avoiding undue hesitancy when moving off, on the straight, overtaking, at cross junctions, at roundabouts, turning left and right, changing lanes, and at traffic lights.

Using the vehicle controls (accelerator, clutch, gears, footbrake, handbrake, steering, and secondary controls) properly

Carrying out a coupling/un-coupling exercise

Adjusting speed to suit road conditions, traffic conditions, at roundabouts, cross junctions, at traffic controls, turning left and right, the speed limit

Complying with all traffic controls including traffic lights, traffic signs, road markings, pedestrian crossings, school wardens, Gárda signals, bus and cycle lanes

Yielding right of way as required when moving off, overtaking, changing lane, at junctions, at roundabouts, turning left and right

Carrying out reverse manoeuvre to the left and right (except category 'A')

Carrying out turnabout manoeuvre (category B only)

Carrying out parallel parking exercise (category B only)

Carrying out an emergency stop exercise (category A and B only)

Showing reasonable courtesy throughout

Safely alighting from vehicle

Successfully completing obstacle avoidance exercise (category A only)

SCHEDULE 3 Subjects for Test of Ability to Give Instruction

Cockpit drill and starting the vehicle

Controls of the vehicle

Anticipating the actions of others, and taking appropriate preventative/corrective action (reaction) where necessary

Moving off and stopping/road position

Turnabout using forward and reverse gears (category B only)

Reverse to the right and to the left

Dealing with pedestrian crossings

Approaching junctions to the left and to the right

Dealing with and emerging from road junctions and roundabouts

Dealing with crossroads

Reverse parking

Use of mirrors and giving signals, mechanical or otherwise

Meeting/overtaking and clearance to other road users

Judgement of speed and stopping distances.

The emergency stop (vehicle categories A and B only)

Figure of 8 (vehicle category A only)

Walk alongside: that is, pushing the motorcycle along (vehicle category A only)

Slalom exercise (vehicle category A only)

U-turn exercise (vehicle category A only)

Obstacle avoidance exercise (vehicle category A only)

Couple/un-couple a trailer (vehicle category EC only)

SCHEDULE 4 Evaluating Qualifications of Applicants for Exemption from a Test Stage

The applicant who seeks exemption from a test on the basis of a qualification shall provide the following documents or information about the test taken for the award of the qualification. Documents provided shall be originals, not copies.

For exemption from the theory test

What was the pass/fail standard for the test, and how was it determined?

Did the organization delivering the test hold ISO 9001:2000 certification for management of the organization and were all its theory test centres included in the scope? Copy of most recent version to be provided.

Evidence that the theory test is in accordance with industry best practice in regard to security, reliability, performance and candidate experience.

Whether the test development process met the Education Testing Services standards for quality and fairness or equivalent standard in terms of basic importance, including quality control for accuracy and timeliness, validity, assessment creation, test administration, reliability, scale definition, equating and score interpretation.

Evidence that the following process was gone through to ensure the test was of the required standard and that there was ongoing analysis and development of it-

Definition in a document of the parameters according to which the exam is created, presented and delivered; the document sets out the rules, format, delivery and administration of the examination;

Item development workshop-A forum was held where subject matter experts were brought together to be trained in creating new questions and producing the questions in the question bank;

Psychometric and language item editing-Each question was checked by psychometricians for bias in terms of language, gender and culture;

Item review-Each question was reviewed for consistency, style, fairness, grammar and defensibility.

Pilot testing-The test was undertaken by a random sample of applicants to analyze the performance of all items before taking it live;

Item analyses and form assembly-The questions were analyzed for balance in content and for whether each form is similar in terms of difficulty, format and domains being tested

The questions were selected from a stock with a minimum of 1000 questions

Whether the questions were randomly selected for each candidate.

Set out how the test covered the different test categories.

For exemption from the test of driving ability

The qualifications and training of the Examiner who administered the test.

The driving test marking sheet which was part of the test.

The specific marking sheet for the examination.

The marking/scoring format for the driving test.

The duration and content of the test.

The supervision of the test.

The test route criteria.

Note the marking sheets etc are the ones used in the individual case, not current versions used by the accrediting organisation, and not sheets designed by the Road Safety Authority.

For exemption from the test of ability to give instruction

The qualifications/training of the Examiner who assessed the instruction ability test.

The marking sheet which was used for the test.

The specific marking sheet for the test.

The marking/scoring format for the test.

The duration and content of the test.

The supervision of the test.

Note the marking sheets etc are the ones used in the individual case, not current versions used by the accrediting organisation, and not sheets designed by the Road Safety Authority.

Whether the test's content and duration, and the standards applied to the administration, delivery and security of the test, met the standards for corresponding tests administered by the Authority.

Whether the supervision of the test was robust and fair.

SCHEDULE 5 Form of driving instructor's licence

SCHEDULE 6 Form of ADI Card

SCHEDULE 7 Trainee Instruction

Part 1 Supervision Log

RSA LogoADI

Part 2 Certificate of Completion of Training

Completion of Training required under the Trainee permit scheme

This is to certify that the following applicant for an Road Safety Authority (RSA) Approved Driving Instructor (ADI) temporary permit, has completed the twenty hours training covering all the required subjects as listed and required under the terms of the 'Temporary Permit' scheme.

Part 3 Trainee Driving Instructor's Licence-Competencies

Trainee permits will only be granted under the following conditions.

-� A trainee permit holder must be supervised by a sponsoring ADI who may only have one trainee under his/her supervision for the duration of the candidate ADI's trainee permit.

-� Before giving any lessons a trainee must receive a minimum of 20 hours practical training in the following competencies.

Technical training should also be given on how to deliver training, under the following headings.

-� Explanation of the cockpit drill and starting the vehicle.

-� Explanation of the controls of the vehicle including dual controls.

-� Anticipating and reacting to the actions of others and taking the appropriate preventative corrective action where necessary.

-� Moving off and stopping.

-� Road position on the straight and on bends.

-� Turnabout on the road using forward and reverse gears.

-� Reversing into openings to the left and to the right.

-� Parallel parking (pulling parallel with parked vehicle and reversing into a designated parking space)

-� Dealing with pedestrian crossings (zebra and pelican crossings, and crossings controlled by traffic wardens).

-� Correct use of mirrors and signals, mechanical or otherwise.

-� Approaching junctions to turn left or right e.g. proper use of MSM routine.

-� Judgement of speed, stopping distances, and anticipating and reacting to the actions of other road users.

-� Dealing with and emerging at road junctions and roundabouts (the importance of yielding right of way as required)

-� Dealing with crossroads (e.g. explaining the difference between equal importance, less importance and right of way)

-� Meeting, crossing the path of, overtaking and clearance to all other road users (explaining the importance of sufficient clearance, but not excessive clearance)

-� Emergency stop (explaining the importance of being able to bring the vehicle to a controlled stop without locking the wheels or skidding)

-� Urban and rural roads.

-� Eco driving.

-� Understanding traffic controls, to include traffic signs, road markings, traffic lights, and all controlled junctions.

For particular vehicle categories, there may be additional headings in addition to the ones listed above:

-� For category A only, carrying out various motorcycle manoeuvres (figure of 8, slalom, u-turn, slow ride).

-� For category E+ only, couple/uncouple a trailer.

Other rules and regulations for holding a trainee permit.

-� The 20 hours of initial training must cover all the listed subjects. There are 36 subjects in total. Records of training must be kept on the trainee's log sheet as each subject is covered, and when full training is completed in all subjects the log sheet must be returned to the Authority's ADI unit.

-� It is expected that the first 17 subjects can be covered in approx 4 hours and the remaining 19 subjects can be covered within 16 hours.

-� The sponsoring ADI must supervise a minimum of 20% of all the lessons taken by the holder of a trainee driving instructor licence. A minimum of one supervised lesson must be given under each topic. The sponsoring ADI must only sign the relevant topic on the trainee log when he/she is satisfied that an acceptable level of competency has been displayed.

SCHEDULE 8 Forms of Driving Instructors' Log Books

Approved driving instructor's log (category A)

Approved driving instructor's log (category B)

Approved driving instructor's log (category C)

Approved driving instructor's log (category D)

Approved driving instructor's log (category EC)

GIVEN under my Official Seal,

29 May 2009

NOEL DEMPSEY.

Minister for Transport.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

These regulations revoke S.I. 146 of 2009 the Road Traffic (Driving Instructor Licensing) Regulations 2009 and provide for new regulations governing the licensing of driving instructors.

1 OJ L 255, 30.9.2005, p. 22-142.