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Regulations — control of driving instructors.
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85.— Section 18(2) of the Act of 1968 is amended by—
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(a) substituting for paragraph (a) the following:
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“(a) the licensing of driving instructors (including the refusal to grant a licence and the revocation and suspension of a licence);
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(aa) the issuing of plates and badges to licensed driving instructors (including the refusal to issue a plate or badge and the withdrawal of a plate or badge);
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(aaa) appeals by an applicant refused a licence or badge or plate, a holder of a licence whose licence has been revoked or suspended and the holder of a plate or badge which has been withdrawn;”,
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(b) inserting after paragraph (d) the following:
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“(da) the fitness of applicants for driving instructor licences;”,
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(c) inserting after paragraph (i) the following:
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“(j) the facilities and conditions attached to them, equipment and resources which driving instructors must have and comply with;
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(k) the display of any plate or badge by a licensed driving instructor while giving driving instructions for reward;
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(l) the production to a member of the Garda Síochána or an officer of the Road Safety Authority for inspection of any licences or badges issued under Regulations under this section;
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(m) the examination or inspection of records under regulations under this section by a member of the Garda Síochána or an officer of the Road Safety Authority;
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(n) the detention and examination of a vehicle for the purposes of regulations under this section by such a member or officer;
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(o) matters for the purposes of subsection (8).”,
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and
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(d) by substituting for subsection (7) the following:
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“(7) A person who contravenes or fails to comply with a regulation under this section which is stated to be a penal regulation commits an offence and is liable on summary conviction—
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(a) in the case of a contravention of a regulation—
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(i) prohibiting or restricting the giving for reward of instruction by a person other than a licensed driving instructor or prohibiting the employment of such a person for the purpose of giving instruction for reward, or
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(ii) prohibiting a person other than a licensed driving instructor from holding himself or herself out as a licensed driving instructor or prohibiting a person employing a driving instructor other than a licensed driving instructor from holding that driving instructor out as a licensed driving instructor,
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to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 3 months or to both, and
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(b) in the case of any other failure or contravention, to a fine not exceeding €2,000.
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(8) Where a person is convicted of an offence under subsection (7) the person—
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(a) if an applicant for a licence under regulations under this section, is prohibited from holding such a licence, or
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(b) if the holder of such a licence, the licence is revoked in the circumstances prescribed under this section or suspended,
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for the period referred to in regulations under this section and different periods may be prescribed in relation to different contraventions.”.
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