Chapter VI-2 Training
第六章の二 講習
第百八条の二(講習)
A public safety commission is to conduct the following training, pursuant to Cabinet Office Order:
公安委員会は、内閣府令で定めるところにより、次に掲げる講習を行うものとする。
training for primary and deputy driving safety supervisors;
安全運転管理者等に対する講習
training for persons denied or stripped of driving privileges and persons who have lost their driving privileges;
training for persons who have had licenses withheld pursuant to the proviso of Article 90, paragraph (1); have had licenses suspended pursuant to paragraph (5) of that Article or Article 103, paragraph (1) or (4); or have been prohibited from driving motor vehicles and motorized bicycles for a period of up to six months pursuant to Article 107-5, paragraph (1) or Article 103, paragraph (4) as applied mutatis mutandis pursuant to Article 107-5, paragraph (9) (other than persons subject to those measures on the grounds that they fall under one of Article 90, paragraph (1), items (i) through (iii) or (vii), Article 103, paragraph (1), items (i) through (iv), or Article 107-5, paragraph (1), item (i) and other than persons failing to undergo the training prescribed in Article 102-2 within the period referred to in that Article);
training for persons seeking an L-ML or S-ML in driving motor vehicles associated with the license they seek;
training for persons seeking an MBL in driving general motorized bicycles;
training for persons seeking a class 2 L-MVL, class 2 M-MVL, or class 2 S-MVL in driving motor vehicles associated with the license they seek;
training for persons seeking an L-MVL, M-MVL, SM-MVL, S-MVL, L-ML, S-ML, class 2 L-MVL, class 2 M-MVL, or class 2 S-MVL in first aid (meaning the necessary emergency response to render aid to injured persons at the scene of a traffic accident);
training for designated driving school employees whom Cabinet Order prescribes;
指定自動車教習所の政令で定める職員に対する講習
training for target novice drivers (other than those whose licenses are suspended) in the necessary skills and knowledge to drive the vehicles the persons are licensed to drive, implemented for each type of license;
training for persons seeking license renewal, specified holders of an expired license, or specified persons stripped of driving privileges, implemented in the categories of drivers with exemplary records, drivers with satisfactory records, and drivers with violations or short records, as prescribed in the left-hand column of the Table following Article 95-6, paragraph (1);
免許証等の更新を受けようとする者、特定失効者又は特定取消処分者に対する第九十五条の六第一項の表の上欄に規定する優良運転者、一般運転者又は違反運転者等の区分に応じた講習
training for persons who will be 70 years of age or older on the final day of the renewal period; for specified holders of expired licenses and specified persons stripped of driving privileges who are 70 years of age or older on the date of submitting a written application for a license pursuant to Article 89, paragraph (1); and for persons notified as under Article 101-7, paragraph (5), to help them understand that age-related decline in physical function could affect their driving of motor vehicles and motorized bicycles;
training for persons holding licenses and International Driving Permits and licenses who have committed minor violations, and whose conduct has come to meet the criteria that Cabinet Order prescribes which is referred to in Article 102-2; and
training for target young drivers (other than those whose licenses are suspended) in driving motor vehicles associated with licenses obtained under the special exception;
training to prevent traffic hazards caused by driving a specified small motorized bicycle; and
特定小型原動機付自転車の運転による交通の危険を防止するための講習
Beyond what is set forth in the items of the preceding paragraph, a public safety commission must endeavor to conduct training for the drivers of vehicles in order to improve their vehicle driving skills and knowledge.
A public safety commission may ask a person that Cabinet Office Order prescribes to handle the training prescribed in item (i), items (iii) through (ix), items (xi) through (xiii), item (xv) or item (xvi) of paragraph (1) or to handle the training as prescribed in the preceding paragraph.
公安委員会は、内閣府令で定める者に第一項第一号、第三号から第九号まで、第十一号から第十三号まで、第十五号若しくは第十六号に掲げる講習又は前項に規定する講習の実施を委託することができる。
Article 108-3Procedures for Novice Driver Training
第百八条の三(初心運転者講習の手続)
Promptly after a target novice driver engages in conduct prescribed in Article 100-2, paragraph (1) that comes to meet the criteria that Cabinet Order prescribes which is referred to in the main clause of that paragraph, a public safety commission is to notify the driver, in writing and pursuant to Cabinet Office Order, that the driver may undergo the training set forth in paragraph (1), item (x) of the preceding Article (hereinafter referred to as "novice driver training").
A person who has been notified as referred to in the preceding paragraph may undergo novice driver training only until the time that it has been a total of one month since the day following the date on which the person is so notified (other than any period during which the person has a compelling circumstance that Cabinet Order prescribes for not undergoing the training).
Article 108-3-2Procedures for Training for Persons Committing Minor Violations
第百八条の三の二(軽微違反行為をした者に対する講習の手続)
If a person holding a license or person with an International Driving Permit or license engages in conduct that comes to meet the criteria that Cabinet Order prescribes which is referred to in Article 102-2, a public safety commission must promptly notify that person, in writing and pursuant to Cabinet Office Order, that it will conduct the training set forth in Article 108-2, paragraph (1), item (xiii).
Article 108-3-3Procedures for Young Driver Training
第百八条の三の三(若年運転者講習の手続)
A public safety commission must, pursuant to Cabinet Office Order, notify a target young driver in writing, promptly after the person has committed an act, in driving a motor vehicle or motorized bicycle, that violates a provision of this Act, an order under this Act, or a measure under this Act and that act has come to meet the criteria that Cabinet Order prescribes which are referred to in Article 102-3, that the training prescribed in Article 108-2, paragraph (1), item (xiv) (hereinafter referred to as "young driver training") is to be conducted.
A public safety commission may ask a corporation that Cabinet Office Order prescribes to handle all or part of the administrative processes involved in notifying persons as under Article 108-3, paragraph (1) or the preceding two Articles (referred to as "administrative processes involved in issuing training notices" in the following paragraph).
It is prohibited for the current or former officer or employee of a corporation that has been asked to handle the administrative processes involved in issuing training notices pursuant to the preceding paragraph to divulge confidential information learned in connection with the processes that it handles.
Article 108-3-5Ordering Persons to Undergo Specified Small Motorized Bicycle Rider Training, etc.
第百八条の三の五(特定小型原動機付自転車運転者講習等の受講命令)
If a person has repeatedly engaged in conduct, when driving a specified small motorized bicycle, that violates this Act, an order under this Act, or a measure under this Act, and which Cabinet Order prescribes as likely to cause a road traffic hazard (referred to as "dangerous conduct on a specified small motorized bicycle" in the following Article), and the public safety commission finds that the person's driving of a specified small motorized bicycle is likely to cause further road traffic hazards, it may order the person to undergo the training prescribed in Article 108-2, paragraph (1), item (xv) (referred to as "specified small motorized bicycle rider training" in the following Article) within a period of up to three months that it fixes, pursuant to Cabinet Office Order.
公安委員会は、特定小型原動機付自転車の運転に関しこの法律若しくはこの法律に基づく命令の規定又はこの法律の規定に基づく処分に違反する行為であつて道路における交通の危険を生じさせるおそれのあるものとして政令で定めるもの(次条において「特定小型原動機付自転車危険行為」という。)を反復してした者が、更に特定小型原動機付自転車を運転することが道路における交通の危険を生じさせるおそれがあると認めるときは、内閣府令で定めるところにより、その者に対し、三月を超えない範囲内で期間を定めて、当該期間内に行われる第百八条の二第一項第十五号に掲げる講習(次条において「特定小型原動機付自転車運転者講習」という。)を受けるべき旨を命ずることができる。
If a person has repeatedly engaged in conduct, when riding a bicycle, that violates this Act, an order under this Act, or a measure under this Act, and which Cabinet Order prescribes as likely to cause a road traffic hazard (referred to as "dangerous conduct on a bicycle" in the following Article), and the public safety commission finds that the person's bicycle riding is likely to cause further road traffic hazards, it may order the person to undergo the training prescribed in Article 108-2, paragraph (1), item (xvi) (referred to as "bicycle rider training" in the following Article) within a period of up to three months that it fixes, pursuant to Cabinet Office Order.
第百八条の三の六(特定小型原動機付自転車運転者講習等の受講命令等の報告)
A public safety commission must report the information that Cabinet Office Order prescribes to the National Public Safety Commission when it has issued an order pursuant to the preceding Article; when the driver of a specified small motorized bicycle has engaged in dangerous conduct on a specified small motorized bicycle or has undergone specified small motorized bicycle rider training; or when a person riding a bicycle has engaged in dangerous conduct on a bicycle or has undergone bicycle rider training. In such a case, the National Public Safety Commission is to notify each public safety commission of the information reported to it in order to ensure propriety in the functions relating to specified small motorized bicycle rider training and bicycle rider training.
公安委員会は、前条の規定による命令をしたとき、特定小型原動機付自転車の運転者が特定小型原動機付自転車危険行為をしたとき若しくは特定小型原動機付自転車運転者講習を受けたとき又は自転車の運転者が自転車危険行為をしたとき若しくは自転車運転者講習を受けたときは、内閣府令で定める事項を国家公安委員会に報告しなければならない。この場合において、国家公安委員会は、特定小型原動機付自転車運転者講習及び自転車運転者講習に関する事務の適正を図るため、当該報告に係る事項を各公安委員会に通報するものとする。
Article 108-4Designated Training Institutions
第百八条の四(指定講習機関)
A public safety commission may have the training set forth in one of the following items conducted by a person it designates as one that is found to meet the requirements set forth in the relevant item (hereinafter referred to as a "designated training institution"):
公安委員会は、次の各号に掲げる講習を、それぞれ当該各号に定める要件に該当すると認められるものとして指定する者(以下「指定講習機関」という。)に行わせることができる。
the training set forth in Article 108-2, paragraph (1), item (ii) (hereinafter referred to in this Article and paragraph (1) of the following Article as "training for persons stripped of driving privileges"):one that employs a person that the Rules of the National Public Safety Commission prescribe as having expert knowledge in testing persons for the competence necessary for driving a motor vehicle or motorized bicycle and in giving instruction based on this (hereinafter referred to as "instruction in competent driving") (referred to as a "driving competency instructor" in item (iii) and the following Article) and that otherwise meets the criteria that the Rules of the National Public Safety Commission prescribe as being necessary for an institution to meet in order to conduct training for persons stripped of driving privileges in a proper and reliable manner;
novice driver training:one that employs a person that the Rules of the National Public Safety Commission prescribe as having a high level of ability in giving instruction in the skills and knowledge necessary for driving a motor vehicle or motorized bicycle (referred to as "instruction in proficient driving" in the following Article) (referred to as a "driving proficiency instructor" in that Article) and that otherwise meets the criteria that the Rules of the National Public Safety Commission prescribe as being necessary for an institution to meet in order to conduct novice driver training in a proper and reliable manner; or
young driver training:one that employs a driving competency instructor and that otherwise meets the criteria that the Rules of the National Public Safety Commission prescribe as being necessary for an institution to meet in order to conduct young driver training in a proper and reliable manner.
Designation under the preceding paragraph is conferred at the application of a person seeking to conduct training for persons stripped of driving privileges, novice driver training or young driver training (hereinafter referred to as "specified training").
A person as referred to in any of the following items may not be designated as under paragraph (1):
次の各号のいずれかに該当する者は、第一項の規定による指定を受けることができない。
one other than a general incorporated association, general incorporated foundation, or designated driving school;
一般社団法人若しくは一般財団法人又は指定自動車教習所として指定された者以外の者
one whose designation has been revoked pursuant to paragraph (1) or (2) of Article 108-11, if it has been less than two years since the date of that revocation;
第百八条の十一第一項又は第二項の規定により指定を取り消され、その取消しの日から起算して二年を経過しない者
one that has been sentenced to imprisonment or a heavier punishment for committing, in connection with driving a motor vehicle or motorized bicycle, an offense referred to in Article 2 through Article 6 of the Act on Punishment of Acts Inflicting Death or Injury on Others by Driving a Motor Vehicle, etc., or an offense prescribed in this Act if it has been less than two years since the day on which the person completed the sentence or ceased to be subject to its execution; or
自動車等の運転に関し自動車の運転により人を死傷させる行為等の処罰に関する法律第二条から第六条までの罪又はこの法律に規定する罪を犯し拘禁刑以上の刑に処せられ、その執行を終わり、又はその執行を受けることがなくなつた日から起算して二年を経過しない者
a corporation with an officer as referred to in the preceding item.
法人で、その役員のうちに前号に該当する者があるもの
A public safety commission designates a person as under paragraph (1) may choose not to conduct the specified training for which it has designated that person.
A designated training institution that conducts training for persons stripped of driving privileges or young driver training must not allow a person other than a driving competency instructor to engage in instruction in competent driving.
A designated training institution that conducts novice driver training must not allow a person other than a driving proficiency instructor to engage in instruction in proficient driving.
A public safety commission may order a designated training institution to dismiss a driving competency instructor or driving proficiency instructor who engages in a wrongful act in connection with instruction in competent driving or instruction in proficient driving.
Article 108-6Regulations for Training Operations
第百八条の六(講習業務規程)
Before starting to implement specified training, a designated training institution must establish regulations for specified training operations (referred to as "regulations for training operations" in the following paragraph) and have them approved by a public safety commission. The same applies if it seeks to change these.
Rules of the National Public Safety Commission provide for the particulars of what must be specified in the regulations for training operations.
講習業務規程で定めるべき事項は、国家公安委員会規則で定める。
Article 108-7Duty of Confidentiality; Related Considerations
第百八条の七(秘密保持義務等)
It is prohibited for the current or former officer (or the person operating the facility, if the designated driving school in question is not a corporation; the same applies in the following paragraph) or employee of a designated training institution to divulge confidential information learned in connection with specified training operations.
To apply the Penal Code and other penal provisions, the officers and employees of designated training institutions who are engaged in specified training operations are deemed to be employees engaged in public service pursuant to laws and regulations.
If a public safety commission finds that a designated training institution no longer conforms to a criterion that Article 108-4, paragraph (1) prescribes, it may order the designated training institution to take the necessary measures to conform to that criterion.
Beyond what is prescribed in the preceding paragraph, on finding it to be necessary to do so in order to ensure the proper and reliable implementation of specified training, a public safety commission may issue orders that are necessary, from a supervisory perspective, with regard to the operations of a designated training institution.
Article 108-9Inspections; Other Measures
第百八条の九(検査等)
A public safety commission may inspect a designated training institution to see whether it conforms to the criteria prescribed in the items of Article 108-4, paragraph (1) or is being operated in accordance with Article 108-5, paragraph (1) or (2), and may ask it to report as necessary or submit the necessary materials.
Article 108-10Suspension or Discontinuance of Training
第百八条の十(講習の休廃止)
A designated training institution must not suspend or discontinue the whole or part of specified training without obtaining permission from a public safety commission.
Article 108-11Rescission of Designation
第百八条の十一(指定の取消し)
A public safety commission must revoke the designation of a designated training institution if it comes to fall under Article 108-4, paragraph (3), item (i), (iii), or (iv).
公安委員会は、指定講習機関が第百八条の四第三項第一号、第三号又は第四号のいずれかに該当する者になつたときは、その指定を取り消さなければならない。
A public safety commission may revoke the designation of a designated training institution if it comes to fall under one of the following items:
it violates Article 108-5, paragraph (1) or (2), Article 108-6, paragraph (1), or the preceding Article; or
it violates an order under Article 108-5, paragraph (3) or Article 108-8, paragraph (1) or (2).
Article 108-12Delegation to the Rules of the National Public Safety Commission
第百八条の十二(国家公安委員会規則への委任)
Beyond what is prescribed in Article 108-4 through the preceding Article, the Rules of the National Public Safety Commission provide for the necessary particulars in connection with designated training institutions.
第百八条の四から前条までに規定するもののほか、指定講習機関に関し必要な事項は、国家公安委員会規則で定める。