Road Traffic Act 1988

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 such instruction, 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 to any part of such an examination which consists of a practical test, or to such a test of continued ability and fitness, to provide a vehicle for the purposes of the test, 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 to pay to the Registrar such fee as may be specified in the regulations in relation to that part, and

(c) for requiring a person who desires to submit himself for any part of such an examination 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 submitted himself for any part of an examination of ability to give instruction in the driving of motor cars—

(a) the magistrates' court acting for the petty sessions area in which he resides, or

(b) in Scotland, the sheriff within whose jurisdiction he resides,

may determine whether that part of the examination was properly conducted in accordance with regulations.

(2) If it appears to the court or sheriff that that part of the examination was not so conducted, the court or sheriff may order that any fee payable by the applicant in respect of that 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.