The Motor Vehicles (Driving Licences) Regulations 1999

Examiner’s right to refuse to conduct testE+W+S

39.—[F1(ZA1) An appointed person shall refuse to conduct a safe road use test where the requirement in regulation 38(ZA1) is not met.]

(1) Subject to paragraphs (2) and (3), where a person submitting himself for—

(a)a theory test fails to satisfy the person authorised to conduct it that he has complied with any requirement imposed by regulation 38(3), or

(b)a practical [F2test (other than in relation to [F3a two-wheeled vehicle] of a class included in category [F3AM or A])] or unitary test fails to satisfy the person authorised to conduct it that he has complied with any requirement imposed by paragraphs (4) to (10) of regulation 37 or by paragraph (4), (5) [F4or (7)] of regulation 38,

the person authorised to conduct the test must refuse to do so.

[F5(1A) Subject to paragraphs (2) and (3), the person authorised to conduct a test in relation to [F6a two-wheeled vehicle] of a class included in category [F6AM or A] must refuse to do so where—

(a)a person submitting to a manoeuvres test fails to satisfy the person conducting the test that any requirement imposed by paragraph (4) of regulation 37, by paragraph (4), (5), (7) or (8) of regulation 38 or by paragraph (1A)(a) of regulation 40A has been complied with; or

(b)a person submitting to a practical test fails to satisfy the person conducting the test that any requirement imposed by paragraph (4) of regulation 37, by paragraph (4), (5), (7), (8), (8A) or (8B) of regulation 38 or by paragraph (1A)(c) of regulation 40A has been complied with.]

(2) Where a person—

(a)fails to produce an appropriate licence as required under paragraph (3)(a)(i) or (5)(a) of regulation 38, or

(b)where he has submitted himself for a [F7manoeuvres test, practical test] or unitary test, fails to produce a document required to be produced [F8in accordance with paragraph (4), (8), (8A) or (8B)] of that regulation,

if the person authorised to conduct the test—

(i)is satisfied from other evidence that the document in question exists, and

(ii)in the case of a person who has failed to produce a licence, is satisfied that the requirements of regulation 38(3)(a)(ii) or (5)(b) have been complied with,

he may conduct the test.

(3) Where a person with special needs has failed to give to the person conducting a theory test such notice of those needs (being not less than 15 working days) as he may reasonably require the person authorised to conduct the test may refuse to do so.

(4) Where a person who requires the assistance of an interpreter at the theory test attends at the test with an interpreter who—

(a)is not approved by the Secretary of State to act as such, or

(b)appears to be acquainted with the test candidate,

the person authorised to conduct the test must refuse to do so.

(5) In this regulation, “special needs" means a reasonable requirement for special treatment during the test arising by virtue of—

(a)the test not being available in a language which the test candidate understands,

(b)the test candidate having reading difficulties, or

(c)the test candidate being physically disabled.

Textual Amendments