Motor Cars (Driving
Instruction) (Jersey) Order 1982[1]
1 Interpretation
In this Order, unless the context otherwise requires –
“candidate”
means a person submitting himself or herself for the examination or a part thereof
or for the test;
“driving instructor”
means a person whose name is entered in the register;
“examination”
means the examination of ability to give instruction in the driving of motor
cars or heavy motor cars referred to in Article 7 of the Law and
prescribed by Article 3 of this Order;
“examiner”
means a Traffic Officer or other person appointed by the Minister to conduct an
examination or test;
“Law” means
the Road
Traffic (Jersey) Law 1956;
“register”
means the register of driving instructors established by Article 6 of the Law;
“test” means
the test of continued ability and fitness to give instruction in the driving of
motor cars or heavy motor cars referred to in Article 6 of the Law and
prescribed in Article 3 of this Order.[2]
2 Conditions
for entry of a person’s name in the register
(1) A
person who wishes to have his or her name entered in the register shall satisfy
the Inspector of Motor Traffic that he or she –
(a) has passed the examination;
(b) is the holder of a current licence to drive
a motor car or heavy motor car granted under Article 4(3) of
the Law, other than a provisional licence, and during the period of 6 years
ending with the day on which the application for entry of the person’s
name in the register one or both of the following requirements have been
satisfied in relation to the person for periods amounting in the aggregate to
at least 4 years –
(i) the person has
held a current licence of the type described,
(ii) the
person has held a current domestic driving permit;
(c) has not during any part of the period of 4
years ending with the day on which the application is made been disqualified
for holding or obtaining a licence to drive a motor car
or heavy motor car;
and
(d) is –
(i) under the age of
70 years,
(ii) medically
fit, and
(iii) a fit
and proper person to have his or her name entered in the register.[3]
(2) For
the purposes of paragraph (1)(b)(ii) of this Article, “domestic
driving permit” has the meaning assigned to it by Article 8(7) of
the Law.
3 Examination
and test
(1) A
candidate for the examination shall supply the Inspector of Motor Traffic with
such particulars as the Minister may determine.
(2) The
examination shall consist of a written and practical part and the practical part
shall consist of tests of driving technique and instructional ability.
(3) A
candidate for the examination must pass the written part before he or she takes
the practical part and the candidate must have passed
such written part not earlier than one year before he or she passes the
practical part.
(4) The
test shall take such form as the Minister may determine and shall include the
attendance of the examiner while the driving instructor is giving instruction
to a pupil.
(5) A
candidate for the practical part of the examination or for the test shall
provide a motor car or heavy motor car in respect of which the following
conditions shall apply –
(a) the vehicle shall be fitted
with –
(i) right hand
steering, and
(ii) a
manual transmission system;
(b) the vehicle shall be in a roadworthy
condition;
(c) there shall be in existence an insurance
covering the vehicle during the practical part of the examination or the test,
as the case may be, against any liability of the candidate or the examiner as
the driver or the person in charge of the vehicle for the death or bodily
injury to third parties (including any passengers in the vehicle) as required
by the Motor Traffic (Third-Party
Insurance) (Jersey) Law 1948, and against any liability of the
examiner whilst he or she is driving or in charge of the
vehicle for damage to the vehicle or to any other property.
4 Official
title of driving instructor, certificate of registration and badge
(1) The
official title for use by driving instructors shall be “Approved Driving
Instructor”.
(2) The
application for the entry of a person’s name in the register shall be in
the form set out in Form 1 of Schedule 1 and the application for
retention of a person’s name in the register shall be in the form set out
in Form 2 of Schedule 1.
(3) The
certificate for issue to driving instructors as evidence of their names being
in the register shall be in the form set out in Form 3 of Schedule 1.
(4) The
badge for use by driving instructors shall be in the form and colours shown in Schedule 2.
5 Requirements
for motor cars used for driving instruction by driving instructors
(1) A
motor car or heavy motor car used for driving instruction shall be fitted
with –
(a) right hand steering;
(b) in the case of a
motor car, approved
dual control;
(c) 2 L plates;
(d) in the case
of –
(i) a motor car, 2
interior mirrors,
(ii) a
heavy motor car, 2 exterior mirrors.[4]
(2) The
L plates fitted in pursuance of paragraph (1)(c) shall be mounted on a flat
perpendicular surface and one plate shall be fitted on the front of the vehicle
and the other plate on the rear of the vehicle.
(3) A
badge of the type prescribed by Article 4 shall be displayed in a
conspicuous position in the vehicle.
(4) A
vehicle used for driving instruction shall at all times be kept in a clean and
roadworthy condition and the interior of the vehicle shall be tidy and free of
any loose objects or other thing which might distract the attention of the
driver.[5]
(5) Where
a driving instructor uses an alternative vehicle for giving driving instruction
the requirements of paragraphs (1)(a), (c) and (d), (2) and (4) shall be
complied with in respect of that alternative vehicle.
6 Exemptions
(1) The
Minister may exempt any person from all or any of the provisions of this Order.
(2) Any
exemption granted under paragraph (1) may be granted subject to such
conditions as the Minister may impose and the Minister may at any time vary
such conditions.
7 Fees[6]
(1) A
person applying to submit himself or herself to the written part of the
examination must pay a fee of £112.[7]
(2) A
person applying to submit himself or herself to the practical part of the
examination must pay a fee of £112.[8]
(3) The
fee to be paid by a person who applies for the retention of his or her name in
the register for a further period of 4 years is £226.[9]
(4) The
fee to be paid by a person who applies for the entry of his or her name in the
register is £226.[10]
8 Citation
This Order may be cited as the Motor Cars (Driving Instruction)
(Jersey) Order 1982.