Overview

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

Description

This Act primarily introduced the power for the Registrar of Driving Instructors to suspend the registration of driving instructors. This suspension can occur if the Registrar is considering refusing an application for registration renewal or termination, and believes that the instructor would pose a significant threat to public safety. The Act details the procedure for suspension, including notification to the instructor and the conditions under which the suspension would be terminated, such as a successful appeal or the Registrar's decision not to refuse the application. It also mandates a compensation scheme for instructors whose registrations are suspended and later reinstated, covering income and non-income losses. The Act further allows for exemptions from registration requirements under specified circumstances, with regulations to determine the process and potential fees. Finally, the Act includes transitional and consequential provisions to ensure a smooth integration of the new powers with existing legislation.

Government Spending

The Act mandates the creation of a compensation scheme for driving instructors whose registrations are suspended and later reinstated. The exact cost to the UK government is not specified in the act itself; it depends on the number of successful compensation claims and the amounts awarded. The scheme will likely involve an increase in government spending, though no specific figures are available within the Act.

Groups Affected

• Driving Instructors: The Act directly affects driving instructors. They may face suspension of their registration if deemed a threat to public safety. They may also be eligible for compensation if their suspension is deemed unjustified.
• The Registrar of Driving Instructors: The Registrar gains new powers to suspend registrations and manage the compensation scheme.
• The Public: The Act aims to enhance public safety by allowing for the suspension of potentially unsafe driving instructors.
• The Secretary of State: Responsible for establishing and administering the compensation scheme through regulations.
• First-tier Tribunal: Provides an appeals process for instructors who disagree with compensation decisions.

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