Part V Driving Instruction

Examinations and tests

C1133 Review of examinations.

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 properlyconducted, the court or sheriff may order that any fee payable by the applicant in respect of F5the 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.

F64

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.