§ Mr. BarnesTo ask the Secretary of State for the Environment, Transport and the Regions if he will introduce changes in the appeal procedure for driving instructors who have failed their check-tests to ensure that it is(a) fully independent of the Driving Standards Agency and (b) provides driving instructors with full rights and facilities in presenting their appeals. [27052]
§ Ms Glenda JacksonThe Motor Cars (Driving Instruction) (Appeals) Rules 1969 provide for the Secretary of State to appoint an appeal board to hear cases brought by driving instructors who fail a check-test, and that the board report their findings and make recommendations to him. Schedule 3 to the Road Traffic Act 1988 provides that the members of such an appeals board must be independent of the Department.
In practice, the board submits a report to the Chief Executive of the Driving Standards Agency, who is authorised to issue a decision only in accordance with the report's recommendation. If he does not accept the board's recommendations, the case is decided by 650W Ministers in person. The appeals rules already allow for an appellant to appear in person and to be represented by legal counsel or a solicitor.
I am satisfied that the appeals procedure represents a fair and independent process, and I have no current plans to change it. However, my Department has recently commissioned a research project to look at the way driving instructors are trained and tested. I will look carefully at any conclusions, including those relevant to appeals procedures, when the findings are available in two to three years' time.