Clause 36 - Driving tests
Road Safety Bill [Lords]
6:15 pm
Stephen Ladyman (Minister of State, Department for Transport; South Thanet, Labour)
Section 89 of the Road Traffic Act 1988, “Tests of competence to drive”, enables the Secretary of State to make regulations about such tests. Section 89(3)(b) provides for those regulations to cover the qualifications, selection and appointment of persons to conduct driving tests. That provision is used to enable employees of certain organisations, such as the Ministry of Defence, the police, fire brigades and some bus companies, to conduct driving tests on behalf of the Secretary of State as delegated examiners.
In the modern environment we need flexibility as to the training that a person may need to undertake to become, and remain, approved as a delegated examiner. For example, as delegated examiners need to maintain and develop their expertise following their initial appointment, we would want to discuss with them the introduction of continuing professional development. Thus amendment No. 6 would amend section 89(3)(b) to make the scope of the regulation-making powers more explicit. It would also permit the Secretary of State to charge reasonable fees in connection with the initial, and continuing, approval of delegated examiners. That links with clause 36(5). The combined effect of the provisions is to create an environment in which we can move away from the existing arrangements for recovering the costs incurred by the Driving Standards Agency and the appointment and subsequent quality assurance of delegated examiners.
The DSA currently charges delegated examiners for the supply of the test result certificates that they issue for the driving tests they conduct. Those charges are intended to cover the costs that the DSA incurs in respect of delegated examiners. This is an unsophisticated and blunt recovery mechanism, as the agency’s costs are not directly related to the number of tests conducted by an individual examiner. It is therefore inequitable and at odds with the “user pays” principle. Amendment No. 7 is a consequential amendment, arising from amendment No. 6.
Clause 40 and schedule 5 are on driving instruction. Paragraph 14 of schedule 5 introduces proposed new section 132 examinations. That proposed new section is to the Road Traffic Act 1988, and it permits the Secretary of State to make regulations providing more modern and flexible arrangements in respect of
“examinations of the ability and fitness (or continued ability and fitness) to give driving instruction”,
including
“the qualification, selection and appointment of persons”
who may conduct such tests. Proposed new section 132(1)(b) generally replicates for persons conducting driving instruction tests the provisions in section 89(3)(b) of the Act in respect of persons conducting licence-acquisition driving tests.
Amendment No. 8 makes more explicit the scope of the proposed new section 132 regulation-making powers. It also extends the provision by permitting the Secretary of State to charge reasonable fees in connection with the initial and continuing approval of persons who may conduct driving instruction examinations. The effect of amendment No. 8 is to extend to that class of examiners many of the provisions contained in amendment No. 6 that apply to persons conducting licence-acquisition driving tests.
Amendment No. 9 creates an offence where a person with intent to deceive forges a document evidencing the passing of a driving instruction examination, or part of an examination, required by regulations under proposed new section 132. Amendment No. 10 creates an offence where a person knowingly makes a false statement for the purpose of obtaining a document evidencing the passing of a driving instruction examination, or part of an examination, required by regulations under proposed new section 132. Amendments Nos. 9 and 10 are prudent measures to discourage those who might otherwise consider abusing the driving instructor examination arrangements.
I am sure that the Committee is now far wiser about what each of the amendments is intended to do.