Part V Driving Instruction

Examinations and tests

132 Examinations and tests of ability to give driving instruction.

(1)

Regulations may make provision with respect to—

(a)

the nature of examinations of the ability of persons to give instruction in the driving of motor cars and tests of continued ability and fitness to give F1instruction in the driving of motor cars (or appropriate motor cars), and

(b)

evidence of the results of such tests and examinations,

and generally with respect to such tests and examinations.

(2)

In particular, but without prejudice to the generality of subsection (1) above, the regulations may make provision—

(a)

for requiring a person submitting himself F2for any part of such an examination which consists of a practical test, or to F3any part of such a test of continued ability and fitness which consists of practical assessment, to provide a vehicle for the purposes of F4the practical test or assessment, being a vehicle in respect of which such conditions as may be specified in regulations are complied with,

(b)

for requiring a person applying to submit himself for any part of such an examination F5, or required to submit himself for such a test, to pay to the Registrar such fee as may be specified in the regulations in relation to that part F6or such tests,, and

(c)

for requiring a person who desires to submit himself for any part of such an examination F7, or is required to submit himself for such a test to supply the Registrar with such particulars as the Secretary of State may determine.

133 Review of examinations.

(1)

On the application of a person who has F8undergone a relevant examination, or a part of such an examination—

(a)

F9a magistrates' court, or

(b)

in Scotland, the sheriff within whose jurisdiction he resides,

may determine whether F10the examination or part was properly conducted

(2)

If it appears to the court or sheriff F11the examination or part was not properlyconducted, the court or sheriff may order that any fee payable by the applicant in respect of F12the examination or partshall 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.

F13(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.