### Road Traffic (Driving Licences) Regulations 《道路交通(駕駛執照)規例》

27. Conduct of driving instructions, etc.
(1) No person shall give driving instruction to any person unless—
(a) the person giving the driving instruction is the holder of a valid driving instructor’s licence which entitles him to give driving instruction for the class of motor vehicle in respect of which driving instruction is given; (L.N. 154 of 2021)
(ab) if the person giving the driving instruction is a private driving instructor—a private driving instructor identity plate that complies with regulation 27A(4) and (5) is displayed (as required under regulation 27A(3)) in the motor vehicle in which the driving instruction is given; and (L.N. 154 of 2021)
(b) the person being instructed is the holder of a valid driving licence or permit to drive the class of motor vehicle in respect of which driving instruction is given. (L.N. 303 of 1989; L.N. 161 of 2000)
(2) No driving instructor shall contravene any condition contained in the driving instructor’s licence issued to him or give driving instruction while the person whom he is instructing is acting in contravention of regulation 30.
(3) A driving instructor shall maintain a record, in a form specified by the Commissioner, of all drivers to whom he gives driving instruction, and such record shall be made available by him for inspection by the Commissioner at any reasonable time. (L.N. 303 of 1989)
(4) Paragraph (1)(b) does not apply where driving instruction is given to a person taking a driving instruction course in respect of motor cycles or motor tricycles in a driving school in accordance with Part 9B of the Ordinance. (L.N. 273 of 1989; E.R. 2 of 2012)

### Road Traffic (Driving Licences) Regulations 《道路交通(駕駛執照)規例》

27A. Private driving instructor identity plate
(1) If the Commissioner issues or renews a private driving instructor’s licence, the Commissioner must also issue to the licence holder a private driving instructor identity plate after the licence holder has delivered to the Commissioner the information or materials in the form as the Commissioner may require for the purpose of issuing the identity plate.
(2) A private driving instructor identity plate is valid as long as the private driving instructor’s licence for which the identity plate is issued is valid.
(3) A private driving instructor identity plate must be displayed in a motor vehicle in which driving instruction is given—
(a) in such way that it is clearly visible to the person to whom the driving instruction is given and to any other persons in the motor vehicle;
(b) in the position as specified by the Commissioner by notice published in the Gazette; and
(c) in a plate holder—
(i) that is of the size, design and construction as specified by the Commissioner by notice published in the Gazette; and
(ii) that shows the registration mark of the motor vehicle.
(4) A private driving instructor identity plate must be of the size, design and construction, and be in the form, as specified by the Commissioner by notice published in the Gazette.
(5) A private driving instructor identity plate must show—
(a) the captions “PRIVATE DRIVING INSTRUCTOR IDENTITY PLATE” and “私人駕駛教師證”;
(b) the full name of the private driving instructor as shown in the instructor’s identity card in English and, if appropriate, in Chinese;
(c) a photograph of the instructor that is recent as at the issue date of the identity plate;
(d) the group of motor vehicles in respect of which the instructor is entitled to give driving instruction; and
(e) the issue date and expiry date of the identity plate.
(6) A notice under paragraph (3) or (4) is not subsidiary legislation.
(L.N. 154 of 2021)

### Road Traffic (Driving Licences) Regulations 《道路交通(駕駛執照)規例》

28. Cancellation of driving instructors’ licences
(1) The Commissioner shall cancel a driving instructor’s licence if the holder thereof—
(a) no longer holds a valid full driving licence to drive any class of motor vehicle in the group for which he is entitled by the driving instructor’s licence to give driving instruction; (L.N. 161 of 2000)
(b) is convicted of an offence under section 36, 36A, 39, 39A, 39B, 39C, 39J, 39K, 39L, 39O(1) or 39S of the Ordinance; (24 of 2011 s. 26)
(c) without reasonable excuse fails to submit himself for a test required under regulation 25 or, having submitted to the test, does not pass the test; or
(d)  contravenes regulation 27:

Provided that in a case of a failure to submit for a test required under regulation 25 or a contravention of regulation 27, the Commissioner may, instead of cancelling a driving instructor’s licence, suspend it for such period as he thinks fit.(2) On cancellation or suspension of a driving instructor’s licence, the Commissioner shall give to the person whose licence is cancelled or suspended notice in writing of such cancellation or suspension, and such person shall, within 72 hours after receipt of such notice, surrender to the Commissioner the person’s driving instructor’s licence and (if the person holds a private driving instructor’s licence) the person’s private driving instructor identity plate. (L.N. 154 of 2021)
(3) On expiry of the period of suspension, a driving instructor’s licence and any private driving instructor identity plate that have been surrendered to the Commissioner under paragraph (2) shall be returned by the Commissioner to the licence holder. (L.N. 154 of 2021)
(4) Where the driving instructor’s licence of a private driving instructor has been cancelled under paragraph (1), the Commissioner may, if that instructor applies for a private driving instructor’s licence in respect of the same group of motor vehicles as that of the licence which has been cancelled, issue to that instructor a private driving instructor’s licence for that same group of motor vehicles in accordance with such of the provisions of this Part that applied to the issue of such licences prior to the commencement* of regulation 21A, as if the Road Traffic (Driving Licences) (Amendment) Regulation 2001 (L.N. 97 of 2001) had not been enacted. (L.N. 97 of 2001)

Editorial Note:
* Commencement date: 1 July 2001.