Modifications etc. (not altering text)
C1Pt. III (ss. 87–109) excluded by Road Traffic Offenders Act 1988 (c. 53, SIF 107:1), s. 37(3)
C2Pt. III (ss. 87–109) restricted (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 1(6), Sch. 1 para. 6(5)
Pt. III (ss. 87-109) restricted (1.6.1997) by 1995 c. 13, ss. 4(1), 6, Sch. 1 Pt. III para. 6(1), Pt. IV para. 9(1) (with ss. 8, 10(3)); S.I. 1997/267, art. 2(2)
Pt. III (ss. 87-109) extended (1.6.1997) by 1995 c. 13, s. 5(7) (with ss. 8, 10(3)); S.I. 1997/267, art. 2(2)
Pt. III (ss. 87-109) applied (1.6.1997) by 1995 c. 13, s. 9(1) (with ss. 8, 10(3)); S.I. 1997/267, art. 2(2)
(1)On the application of a person who has submitted himself for a test of competence to drive—
(a)a 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 the test was properly conducted in accordance with regulations.
(2)The court or, as the case may be, sheriff may, if it appears that the test was not so conducted—
(a)order that the applicant shall be eligible to submit himself for another test before the expiration of the period specified for the purposes of section 89(4)(c) of this Act, and
(b)order that any fee payable by the applicant in respect of the test shall not be paid or, if it has been paid, shall be repaid.
(3)If regulations make provision for a test of competence to drive to consist of separate parts, this section applies in relation to each part as well as in relation to the whole of the test.