Overview

The Driving Instruction (Suspension and Exemption Powers) Act 2009 amended the Road Traffic Act 1988, granting the Registrar of Driving Instructors powers to suspend driving instructors' registrations or licences temporarily if they pose a significant threat to public safety. It also allows for exemptions from registration requirements and establishes a compensation scheme for instructors whose registrations are suspended.

Description

This Act primarily introduced the power for the Registrar to temporarily suspend a driving instructor's registration or license if they believe the instructor poses a significant threat to public safety. This suspension can occur while the Registrar is considering whether to refuse an application for registration renewal or terminate an existing registration. The Act details the procedures for notification of suspension and termination, including the provision of written notice to the affected instructor. The act also makes provisions for compensation to instructors whose registrations are suspended under these circumstances. This compensation is for both income and non-income losses, the amounts to be determined by regulations. A process of appeal to the First-tier Tribunal was set out in the legislation. The act also allows the Secretary of State to make regulations detailing the circumstances under which exemptions from registration may be granted.

Government Spending

The Act mandates the creation of a compensation scheme for driving instructors whose registrations are suspended. While specific budgetary figures aren't provided in the Act itself, the government will incur costs associated with these compensation payments, the administrative burden of managing the scheme, and potentially legal challenges related to the scheme's implementation.

Groups Affected

• Driving Instructors: Instructors may face temporary suspension of their registration or license, potentially leading to income loss. They also have the right to appeal suspension and claim compensation.
• The Registrar of Driving Instructors: The Registrar gains significant powers to suspend registrations and licenses, impacting their workload and decision-making responsibilities.
• The Public: The Act aims to enhance public safety by providing a mechanism to temporarily remove potentially unsafe instructors from the roads.
• The Secretary of State: Responsible for creating and overseeing the compensation scheme and any related regulations, incurring associated costs.
• The First-tier Tribunal: Will handle appeals from driving instructors regarding suspension decisions and compensation amounts.

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