Definition of driving instructor
s 50
50. In this Part, “driving instructor” means a person who gives instruction in the driving of a motor vehicle for a fee or reward.
Road Traffic Act 1961 PART 3 — LICENSING OF DRIVING INSTRUCTORS AND DRIVING SCHOOLS
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Licensing of driving instructors
s 51
51. —(1) A person must not act as a driving instructor unless the person is the holder of a licence (called in this Part an instructor’s licence) granted to the person by the Deputy Commissioner of Police authorising the person to do so. (2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. (3) The Minister may exempt any body or organisation from subsection (1) subject to any conditions that he or she thinks fit to impose. —(1) A person must not act as a driving instructor unless the person is the holder of a licence (called in this Part an instructor’s licence) granted to the person by the Deputy Commissioner of Police authorising the person to do so. (2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. (3) The Minister may exempt any body or organisation from subsection (1) subject to any conditions that he or she thinks fit to impose.
Application for instructor’s licence
s 52
52. —(1) An application for an instructor’s licence must be made to the Deputy Commissioner of Police and must be in the form required by the Deputy Commissioner of Police. (2) Upon receiving an application under subsection (1), the Deputy Commissioner of Police must consider the application and may grant an instructor’s licence, with or without conditions, or refuse to grant such a licence. (3) Where an instructor’s licence is subject to conditions, the driving instructor to whom the licence is granted must comply with the conditions. (4) The Deputy Commissioner of Police may at any time vary or revoke any of the existing conditions of an instructor’s licence or impose conditions or additional conditions thereto. (5) A driving instructor who fails to comply with any of the conditions of the instructor’s licence shall be guilty of an offence. —(1) An application for an instructor’s licence must be made to the Deputy Commissioner of Police and must be in the form required by the Deputy Commissioner of Police. (2) Upon receiving an application under subsection (1), the Deputy Commissioner of Police must consider the application and may grant an instructor’s licence, with or without conditions, or refuse to grant such a licence. (3) Where an instructor’s licence is subject to conditions, the driving instructor to whom the licence is granted must comply with the conditions. (4) The Deputy Commissioner of Police may at any time vary or revoke any of the existing conditions of an instructor’s licence or impose conditions or additional conditions thereto. (5) A driving instructor who fails to comply with any of the conditions of the instructor’s licence shall be guilty of an offence.
Revocation or suspension of instructor’s licence
s 53
53. —(1) The Deputy Commissioner of Police may revoke or suspend an instructor’s licence — ( a ) if the Deputy Commissioner of Police is satisfied that the driving instructor — (i) has improperly obtained the instructor’s licence contrary to the provisions of this Part or any rules made thereunder; (ii) is no longer a fit and proper person to continue to hold an instructor’s licence by reason of the driving instructor’s conduct or physical disability; or (iii) is contravening or has contravened any of the provisions of this Part or any rules made thereunder; or ( b ) if the Deputy Commissioner of Police considers it in the public interest to do so. (2) The Deputy Commissioner of Police must, before revoking or suspending an instructor’s licence under subsection (1), give the driving instructor concerned written notice of his or her intention to do so specifying a date, at least 14 days after the date of the notice, upon which the revocation or suspension is to be made and calling upon the driving instructor to show cause to the Deputy Commissioner of Police why the instructor’s licence should not be revoked or suspended. (3) Where the Deputy Commissioner of Police has revoked or suspended an instructor’s licence under subsection (1), he or she must immediately inform the driving instructor concerned by written notice of the revocation or suspension. (4) A driving instructor may, within 14 days of the receipt of the notice mentioned in subsection (3), appeal in writing against the revocation or suspension to the Commissioner of Police whose decision is final. [4/2006; 28/2014] (5) An order of revocation or suspension does not take effect until the end of a period of 14 days after the Deputy Commissioner of Police has informed the driving instructor concerned of the order. (6) If within that period the driving instructor concerned appeals to the Commissioner of Police, the order does not take effect until it is confirmed by the Commissioner of Police or the appeal is for any reason dismissed by the Commissioner of Police. [28/2014] (7) Where an order of revocation or suspension becomes effective under subsection (5), the driving instructor concerned must, as from the date when the order becomes effective, cease to give instruction to any person in the driving of a motor vehicle. (8) A driving instructor whose licence has been revoked under this section must immediately surrender it to the Deputy Commissioner of Police. —(1) The Deputy Commissioner of Police may revoke or suspend an instructor’s licence — ( a ) if the Deputy Commissioner of Police is satisfied that the driving instructor — (i) has improperly obtained the instructor’s licence contrary to the provisions of this Part or any rules made thereunder; (ii) is no longer a fit and proper person to continue to hold an instructor’s licence by reason of the driving instructor’s conduct or physical disability; or (iii) is contravening or has contravened any of the provisions of this Part or any rules made thereunder; or ( b ) if the Deputy Commissioner of Police considers it in the public interest to do so. (2) The Deputy Commissioner of Police must, before revoking or suspending an instructor’s licence under subsection (1), give the driving instructor concerned written notice of his or her intention to do so specifying a date, at least 14 days after the date of the notice, upon which the revocation or suspension is to be made and calling upon the driving instructor to show cause to the Deputy Commissioner of Police why the instructor’s licence should not be revoked or suspended. (3) Where the Deputy Commissioner of Police has revoked or suspended an instructor’s licence under subsection (1), he or she must immediately inform the driving instructor concerned by written notice of the revocation or suspension. (4) A driving instructor may, within 14 days of the receipt of the notice mentioned in subsection (3), appeal in writing against the revocation or suspension to the Commissioner of Police whose decision is final. [4/2006; 28/2014] (5) An order of revocation or suspension does not take effect until the end of a period of 14 days after the Deputy Commissioner of Police has informed the driving instructor concerned of the order. (6) If within that period the driving instructor concerned appeals to the Commissioner of Police, the order does not take effect until it is confirmed by the Commissioner of Police or the appeal is for any reason dismissed by the Commissioner of Police. [28/2014] (7) Where an order of revocation or suspension becomes effective under subsection (5), the driving instructor concerned must, as from the date when the order becomes effective, cease to give instruction to any person in the driving of a motor vehicle. (8) A driving instructor whose licence has been revoked under this section must immediately surrender it to the Deputy Commissioner of Police.
Licensing of driving school
s 54
54. —(1) A person must not carry on the business of a driving school unless the person is the holder of a licence (called in this Part a driving school licence) granted to the person by the Deputy Commissioner of Police authorising the person to do so. (2) A person carries on the business of a driving school if the person engages or employs other persons or agents to give instruction to persons in the driving of a motor vehicle. (3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. —(1) A person must not carry on the business of a driving school unless the person is the holder of a licence (called in this Part a driving school licence) granted to the person by the Deputy Commissioner of Police authorising the person to do so. (2) A person carries on the business of a driving school if the person engages or employs other persons or agents to give instruction to persons in the driving of a motor vehicle. (3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.
Application for driving school licence
s 55
55. —(1) An application for a driving school licence must be made to the Deputy Commissioner of Police and must be in the form required by the Deputy Commissioner of Police. (2) On receipt of an application, the Deputy Commissioner of Police may require the applicant to furnish him or her with any additional documents or information that the Deputy Commissioner of Police may require. (3) The Deputy Commissioner of Police may grant a driving school licence, with or without conditions, or refuse to grant such a licence. —(1) An application for a driving school licence must be made to the Deputy Commissioner of Police and must be in the form required by the Deputy Commissioner of Police. (2) On receipt of an application, the Deputy Commissioner of Police may require the applicant to furnish him or her with any additional documents or information that the Deputy Commissioner of Police may require. (3) The Deputy Commissioner of Police may grant a driving school licence, with or without conditions, or refuse to grant such a licence.
Cash deposit
s 56
56. The Deputy Commissioner of Police may, before granting a driving school licence, require the applicant to give security in the form of a cash deposit in an amount that may be prescribed to ensure that the provisions of this Part or any rules made thereunder and the conditions of the licence are observed.
Revocation of driving school licence and forfeiture of deposit
s 57
57. The Deputy Commissioner of Police may revoke a driving school licence and forfeit the whole or any part of the money deposited with him or her under section 56 if the Deputy Commissioner of Police is satisfied that the owner of the driving school — ( a ) has carried on the driving school in an improper or unsatisfactory manner; ( b ) has failed to comply with any of the conditions upon which the driving school licence was granted; or ( c ) has been convicted of an offence under this Act or the rules. [10/2017]
Notice to owner of driving school
s 58
58. —(1) The Deputy Commissioner of Police must, before revoking a driving school licence and forfeiting any deposit under section 57, give the owner of the driving school concerned written notice of his or her intention to do so — ( a ) specifying a date, at least 14 days after the date of the notice, upon which the revocation and forfeiture is to be made; and ( b ) calling upon the owner to show cause to the Deputy Commissioner of Police why the owner’s licence should not be revoked and why the owner’s deposit should not be forfeited. (2) The Deputy Commissioner of Police, on receiving any representation from the owner of the driving school, may instead of revoking the owner’s licence and forfeiting any deposit under section 57 impose on the owner a penalty not exceeding $500 and may recover the penalty from the cash deposit given by the owner to the Deputy Commissioner of Police. (3) Any person aggrieved by the decision made by the Deputy Commissioner of Police under section 57 may, within 14 days of the written notification to the person of the decision of the Deputy Commissioner of Police, appeal in writing to the Minister whose decision is final. —(1) The Deputy Commissioner of Police must, before revoking a driving school licence and forfeiting any deposit under section 57, give the owner of the driving school concerned written notice of his or her intention to do so — ( a ) specifying a date, at least 14 days after the date of the notice, upon which the revocation and forfeiture is to be made; and ( b ) calling upon the owner to show cause to the Deputy Commissioner of Police why the owner’s licence should not be revoked and why the owner’s deposit should not be forfeited. (2) The Deputy Commissioner of Police, on receiving any representation from the owner of the driving school, may instead of revoking the owner’s licence and forfeiting any deposit under section 57 impose on the owner a penalty not exceeding $500 and may recover the penalty from the cash deposit given by the owner to the Deputy Commissioner of Police. (3) Any person aggrieved by the decision made by the Deputy Commissioner of Police under section 57 may, within 14 days of the written notification to the person of the decision of the Deputy Commissioner of Police, appeal in writing to the Minister whose decision is final.
Refusal to grant or renew licence
s 59
59. The Deputy Commissioner of Police may refuse to grant or renew any licence granted under this Part without assigning any reason.
Appeal to Minister or Commissioner of Police
s 60
60. —(1) Any person aggrieved by the refusal of the Deputy Commissioner of Police to grant or renew any licence that may be granted or renewed under this Part may, within 14 days after receiving the written notification to the person of the refusal, appeal in writing — ( a ) in the case of a driving school licence — to the Minister; or ( b ) in the case of an instructor’s licence — to the Commissioner of Police. [28/2014] (2) The decision of the Minister or the Commissioner of Police (as the case may be) in an appeal under subsection (1) is final. [28/2014] —(1) Any person aggrieved by the refusal of the Deputy Commissioner of Police to grant or renew any licence that may be granted or renewed under this Part may, within 14 days after receiving the written notification to the person of the refusal, appeal in writing — ( a ) in the case of a driving school licence — to the Minister; or ( b ) in the case of an instructor’s licence — to the Commissioner of Police. [28/2014] (2) The decision of the Minister or the Commissioner of Police (as the case may be) in an appeal under subsection (1) is final. [28/2014]
Rules for purposes of this Part
s 61
61. The Minister may make rules for any purpose for which rules may be made under this Part and for prescribing anything which may be prescribed under this Part and otherwise for the purpose of carrying this Part into effect, and, in particular, may make rules — ( a ) regulating the granting of any licence under this Part and prescribing the form of application for and the contents of such licence; ( b ) requiring persons desiring to be driving instructors to attend and pass courses on driving instruction and any other tests and examinations that may be prescribed; ( c ) prescribing the kind of motor vehicles which may be used for driving instruction and driving tests and the conditions that must be complied with before such vehicles may be so used; ( d ) regulating the conduct of driving instructors when giving driving instruction; ( e ) regulating the activities of driving schools and prescribing the manner in which driving schools must conduct their business; ( f ) prescribing the maximum age of a driving instructor beyond which his or her instructor’s licence may not be renewed; ( g ) prescribing the form of records to be kept by driving instructors and driving schools and the particulars to be entered therein; ( h ) prescribing the conditions for a licence and the forms to be issued under this Part; ( i ) prescribing the duration of any licence granted under this Part; ( j ) prescribing the deposits payable by owners of driving schools; ( k ) exempting any person or class of persons from the provisions of this Part; and ( l ) prescribing fees for the purposes of this Part.
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