Road Traffic Act 1988, Section 133 is up to date with all changes known to be in force on or before 08 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)On the application of a person who has [F1undergone a relevant examination, or a part of such an examination]—
(a)[F2a magistrates' court], or
(b)in Scotland, the sheriff within whose jurisdiction he resides,
may determine whether [F3the examination or part was properly conducted]
(2)If it appears to the court or sheriff [F4the examination or part was not properly]conducted, the court or sheriff may order that any fee payable by the applicant in respect of [F5the examination or part]shall not be paid or, if it has been paid, shall be repaid.
(3)No appeal shall lie under section 131 of this Act in respect of any matter in respect of which an application may be made to a magistrates’ court or a sheriff under subsection (1) above.
[F6(4)In this section “a relevant examination” means—
(a)an examination of ability to give instruction in the driving of motor cars,
(b)a test of continued ability and fitness to give instruction in the driving of motor cars (or appropriate motor cars), or
(c)an emergency control assessment.]
Textual Amendments
F1Words in s. 133(1) substituted (1.4.2002) by 2000 c. 38, s. 260, Sch. 29 para. 11(1)(2)(a); S.I. 2002/658, art. 2(2), Sch. Pt. 2 (with art. 3(3))
F2Words in s. 133(1)(a) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 309; S.I. 2005/910, art. 3
F3Words in s. 133(1) substituted (1.4.2002) by 2000 c. 38, s. 260, Sch. 29 para. 11(1)(2)(b); S.I. 2002/658, art. 2(2), Sch. Pt. 2 (with art. 3(3))
F4Words in s. 133(2) substituted (1.4.2002) by 2000 c. 38, s. 260, Sch. 29 para. 11(1)(3)(a); S.I. 2002/658, art. 2(2), Sch. Pt. 2 (with art. 3(3))
F5Words in s. 133(2) substituted (1.4.2002) by 2000 c. 38, s. 260, Sch. 29 para. 11(1)(3)(b); S.I. 2002/658, art. 2(2), Sch. Pt. 2 (with art. 3(3))
F6S. 133(4) inserted (1.4.2002) by 2000 c. 38, s. 260, Sch. 29 para. 11(1)(4); S.I. 2002/658, art. 2(2), Sch. Pt. 2 (with art. 3(3))
Modifications etc. (not altering text)
C1S. 133 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)
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