On 25/05/2013,
you requested for the version in force on 25/05/2013
incorporating all amendments published on or before 25/05/2013.
The closest version currently available is that of 01/01/2013.
PART III
LICENSING OF DRIVING INSTRUCTORS AND DRIVING SCHOOLS
50. In this Part, “driving instructor” means a person who gives instruction in the driving of a motor vehicle for a fee or reward.
51.
—(1) No person shall act as a driving instructor unless he is the holder of a licence (referred to in this Part as an instructor’s licence) granted to him by the Deputy Commissioner of Police authorising him 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 such conditions as he may think fit to impose.
52.
—(1) An application for an instructor’s licence shall be made to the Deputy Commissioner of Police and shall be in such form as the Deputy Commissioner of Police may require.
(2) Upon receiving an application under subsection (1), the Deputy Commissioner of Police shall 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 such licence was granted shall 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 his licence shall be guilty of an offence.
53.
—(1) The Deputy Commissioner of Police may revoke or suspend an instructor’s licence —
(a)
if he is satisfied that the driving instructor —
(i)
has improperly obtained his 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 his 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 he considers it in the public interest to do so.
(2) The Deputy Commissioner of Police shall, before revoking or suspending an instructor’s licence under subsection (1), give the driving instructor concerned notice in writing of his intention to do so specifying a date, not less than 14 days after the date of the notice, upon which such revocation or suspension shall be made and calling upon the driving instructor to show cause to the Deputy Commissioner of Police why his 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 shall immediately inform the driving instructor concerned by notice in writing of the revocation or suspension.
(4) A driving instructor may, within 14 days of the receipt of the notice referred to in subsection (3), appeal in writing against the revocation or suspension to the Minister whose decision shall be final.
(5) An order of revocation or suspension shall not take effect until the expiration 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 Minister, the order shall not take effect until it is confirmed by the Minister or the appeal is for any reason dismissed by the Minister.
(7) Where an order of revocation or suspension becomes effective under subsection (5), the driving instructor concerned shall, 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 shall immediately surrender it to the Deputy Commissioner of Police.
54.
—(1) No person shall carry on the business of a driving school unless he is the holder of a licence (referred to in this Part as a driving school licence) granted to him by the Deputy Commissioner of Police authorising him to do so.
(2) A person carries on the business of a driving school if he 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.
55.
—(1) An application for a driving school licence shall be made to the Deputy Commissioner of Police and shall be in such form as the Deputy Commissioner of Police may require.
(2) On receipt of an application, the Deputy Commissioner of Police may require the applicant to furnish him with such additional documents or information as 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.
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 such amount as may be prescribed to ensure that the provisions of this Part or any rules made thereunder and the conditions of the licence shall be observed.
57. The Deputy Commissioner of Police may revoke a driving school licence and forfeit the whole or such part of the money deposited with him under section 56 if he 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.
58.
—(1) The Deputy Commissioner of Police shall, before revoking a driving school licence and forfeiting any deposit under section 57, give the owner of the driving school concerned notice in writing of his intention to do so —
(a)
specifying a date, not less than 14 days after the date of the notice, upon which such revocation and forfeiture shall be made; and
(b)
calling upon him to show cause to the Deputy Commissioner of Police why his licence should not be revoked and why his 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 his licence and forfeiting any deposit under section 57 impose on him a penalty not exceeding $500 and may recover the penalty from the cash deposit given by him 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 him of the decision of the Deputy Commissioner of Police, appeal in writing to the Minister whose decision shall be final.
59. The Deputy Commissioner of Police may, in his discretion, refuse to grant or renew any licence granted under this Part without assigning any reason.
60. Any person aggrieved by the refusal of the Deputy Commissioner of Police to grant or renew any licence granted under this Part may, within 14 days of the written notification to him of the refusal, appeal in writing to the Minister whose decision shall be final.
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 such other tests and examinations as 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 shall conduct their business;
(f)
prescribing the maximum age of a driving instructor beyond which his 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.