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Ord. No. 27/89

ROAD TRAFFIC (AMENDMENT)

"driving school" means a place designated as a driving school under section 88K(1)

and in respect of which such designation is in force; and

"proprietor", in relation to a driving school, means a person having the conduct or

control of it, whether or not he is the owner.

Authorized driving school

88K. (1) The Commissioner may, in writing, designate any place as a driving school and may impose such conditions relating to that designation as he thinks fit. (2) Where a place is designated as a driving school under subsection (1), such designation-

(a) shall authorize the person specified in the designation as the proprietor of

that place, to operate that place as a driving school in accordance with--

(i) the Ninth Schedule; and

(ii) such conditions as may be specified by the Commissioner in the designation; and

(b) shall not be valid except on payment of the fee specified in the Ninth

Schedule.

(3) Without prejudice to the generality of subsection (2)(a)—

(a) the fees charged by the proprietor of a driving school for a driving instruction course and the issue of a course certificate or a duplicate copy of a course certificate in respect of motor cycles or motor tricycles shall be subject to the approval of the Commissioner;

(b) the conditions that may be specified in a designation under subsection (2)(a)(ii) may include conditions relating to the issue of a course certificate or a duplicate copy of a course certificate in respect of motor cycles or motor tricycles.

(4) The Commissioner shall cause notice of a designation under subsection (1) to be published in the Gazette.

(5) Subject to section 88L, a designation under subsection (1)—–—–

(a) shall be valid for a maximum period of 5 years from such date as shall be

specified in the designation;

(b) may, on application made to the Commissioner not less than 3 months before the date of its expiration and on payment of the fee specified in the Ninth Schedule, be renewed in writing by the Commissioner.

(6) A renewal of a designation under subsection (5) shall-

(a) be valid for a maximum period of 5 years from such date as the

Commissioner shall specify; and

(b) not be valid except on payment of the fee specified in the Ninth Schedule. (7) The Commissioner may, if he considers that it would be in the public interest to do so, exempt any person from the payment of the fee specified in the Ninth Schedule.

Revocation of designation

88L. (1) If in the case of any proprietor of a driving school it appears to the Commissioner that-

ROAD TRAFFIC (AMENDMENT)

(a) there has been a breach of ----

(i) the Ninth Schedule; or

Ord. No. 27/89

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(ii) the conditions specified in the designation under section 88K; or

(b) any course certificate has been improperly issued; or

(c) the particulars on any course certificate have been incorrectly stated for

fraudulent purposes; or

(d) the proprietor has ceased to trade, or is being wound up or has committed

an act of bankruptcy,

the Commissioner may serve on the proprietor a notice stating his intention to revoke the designation and the ground or grounds therefor and requiring the proprietor to show cause in writing, within 28 days after the service of such notice, why the designation should not be so revoked.

(2) Where after a notice is served on a proprietor of a driving school under subsection (1)—

(a) the proprietor does not show cause why the designation should not be

revoked; or

(b) the Commissioner, having considered any representations made by the proprietor, is of the opinion that the proprietor has not shown good cause why the designation should not be revoked,

the Commissioner may, by notice in writing served on the proprietor, revoke the designation with effect from such date being not less than 14 days after service of the notice as he shall specify in the notice.

(3) Any proprietor of a driving school aggrieved by a decision of the Commissioner under subsection (2) may appeal to a Transport Tribunal against such decision within 14 days of receiving notice of the decision and on any such appeal a Transport Tribunal may affirm, amend or reverse such decision.

(4) A decision of the Commissioner appealed against under subsection (3) shall not have effect pending the determination of the appeal by a Transport Tribunal.

(5) The Commissioner shall cause notice of the revocation of a designation under subsection (2) to be published in the Gazette as soon as practicable after the revocation has come into effect.

(6) No compensation shall be payable in respect of the revocation of a designation under this section.

(7) Where a designation is revoked under this section, any fee paid under section 88K(2) or (6) shall not be refunded.

(8) Within 28 days after a revocation under this section has come into effect, the driving school shall make a refund of the fee paid by a person taking a driving instruction course to that person, and the amount to be refunded shall be an amount obtained by dividing the fee paid by the total number of prescribed parts of a course and multiplying the result by the number of prescribed parts of a course which has not been given.

(9) A revocation under this section shall not affect the validity of course certificates properly issued.

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