The Motor Vehicles (Driving Licences) Regulations 1999

Changes over time for: Section 24

Version Superseded: 16/01/2012

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Point in time view as at 27/04/2010. This version of this provision has been superseded.

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There are currently no known outstanding effects for the The Motor Vehicles (Driving Licences) Regulations 1999, Section 24.

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Persons by whom [F1manoeuvres,] practical and unitary tests may be conductedE+W+S

24.—(1) A [F2manoeuvres test, practical test] or unitary test other than a test conducted in the circumstances specified in paragraph (2) [F3or (2A)] may, subject to the following provisions of this regulation, be conducted by—

(a)a person in the public service of the Crown appointed by the Secretary of State;

(b)a person who, or a member of a class of persons which, has been appointed by the Secretary of State for Defence, for the purpose of testing members of the armed forces of the Crown and persons in the public service of the Crown under his department;

(c)F4...F5... F4... F6...

[F7(ca)in England, a person appointed by any fire and rescue authority for the purpose of testing employees of any fire and rescue authority;]

[F8(ca)in England or Wales, a person appointed by any fire and rescue authority for the purpose of testing employees of any fire and rescue authority;]

[F9(cb)in Scotland, a person appointed by any relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5)) for the purpose of testing employees of any relevant authority;]

(d)a person appointed by a chief officer of police, for the purpose of testing—

(i)members of the police force of which he is the chief officer and persons employed by the police authority for the same police area for the purpose of assisting that force, and

(ii)members of another police force and persons employed by a police authority for another police area for the purpose of assisting that force;

F10(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)an eligible person appointed by a company which—

(i)has been approved by the Secretary of State, and

(ii)is the holder of a PSV operator’s licence,

for the purpose of conducting, in respect of eligible candidates, practical tests in respect of any class of passenger-carrying vehicles [F11, or

(g)an eligible person appointed by a company which—

(i)has been approved by the Secretary of State, and

(ii)is the holder of a goods vehicle operator’s licence,

for the purpose of conducting, in respect of eligible candidates, practical tests in respect of any class of goods vehicles.]

(2) Where the person submitting himself for a test is disqualified until he passes the appropriate driving test, a [F12manoeuvres test, practical test] or unitary test shall be conducted by—

(a)a person in the public service of the Crown appointed by the Secretary of State, or

[F13(2A) [F14A manoeuvres test or] a practical test which is conducted as a disability assessment test shall be conducted by—

(a)a person in the public service of the Crown appointed by the Secretary of State for the purposes of paragraph (1)(a), or

(b)a person appointed by the Secretary of State for the purpose of conducting the test.]

(3) No person shall be eligible to appoint any person or class of persons to conduct [F15manoeuvres tests, practical tests] or unitary tests under the provisions of [F16sub-paragraphs (b), (ca), (cb), (d), (f) or (g) of paragraph (1)] or under paragraph (2)(b) unless, following an application made to him for the purpose of any of those sub-paragraphs, the Secretary of State is satisfied that—

(a)proper arrangements will be made by the applicant, for the conduct of tests in accordance with these Regulations; and

(b)proper records of such tests and the results thereof will be kept by him or them,

and has granted his approval in writing, subject to such conditions as he thinks fit to impose.

[F17(3A) The Secretary of State may vary any conditions imposed under paragraph (3) by notice in writing given to the person to whom the approval was granted.]

(4) In the case of an application made by a chief officer of police for the purposes of sub-paragraph (d) of paragraph (1), the Secretary of State may grant his approval under paragraph (3) in respect of the testing of all the persons mentioned in that sub-paragraph or only in respect of the testing of the persons mentioned in paragraph (i) thereof.

(5) No person or member of a class of persons appointed under the provisions of [F18sub-paragraphs (b), (ca), (cb), (d), (f) or (g) of paragraph (1)] or under paragraph (2)(b) may conduct tests unless the Secretary of State has given his approval in writing to his appointment and such approval shall be granted only if the Secretary of State is satisfied that the person (or, in the case of the appointment of a class of persons, each member of that class) is capable of making a proper assessment of a candidate’s ability to drive vehicles of the class in respect of which he is appointed to conduct tests.

(6) A person may not conduct a test prescribed in respect of any category or sub-category of motor vehicle unless he is expressly appointed for the purpose of conducting such a test.

[F19(7) Each person who has appointed a person to conduct tests under sub-paragraph (ca), (cb), (d), (f) or (g) of paragraph (1) shall pay an annual charge of £950 during the currency of the appointment to the Secretary of State in accordance with paragraph (8) in respect of each person so appointed.

(8) In the case of an appointment made—

(a)on or after 4 August 2008, the annual charge is payable on the making of the appointment and on each anniversary of the appointment; and

(b)before 4 August 2008, the annual charge is payable on 4 August 2008 and on each anniversary of that date.]

Textual Amendments

F1Word in reg. 24 heading inserted (30.3.2009) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2009 (S.I. 2009/788), regs. 1(2), 7(a) (with reg. 33)

F2Words in reg. 24(1) substituted (30.3.2009) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2009 (S.I. 2009/788), regs. 1(2), 7(b) (with reg. 33)

F3Words in reg. 24(1) inserted (1.1.2001) by The Motor Vehicles (Driving Licences) (Amendment)(No. 2) Regulations 2000 (S.I. 2000/3157), regs. 1, 6(1)(a)

F4Words in reg. 24(1)(c) omitted (W.) (25.10.2005) by virtue of The Fire and Rescue Services Act 2004 (Consequential Amendments) (Wales) Order 2005 (S.I. 2005/2929), arts. 1(1), 51(3)(a)

F5Words in reg. 24(1)(c) omitted (E.) (30.12.2004) by virtue of The Fire and Rescue Services Act 2004 (Consequential Amendments) (England) Order 2004 (S.I. 2004/3168), arts. 1(1), 51(3)(a)

F6Words in reg. 24(1)(c) omitted (S.) (2.8.2005) by virtue of The Fire (Scotland) Act 2005 (Consequential Modifications and Amendments) (No. 2) Order 2005 (S.S.I. 2005/344), art. 1, Sch. 1 para. 24(3)(a); S.S.I. 2005/392, arts. 1, 2

F7Reg. 24(1)(ca) inserted (E.) (30.12.2004) by The Fire and Rescue Services Act 2004 (Consequential Amendments) (England) Order 2004 (S.I. 2004/3168), arts. 1(1), 51(3)(b)

F8Reg. 24(1)(ca) inserted (W.) (25.10.2005) by The Fire and Rescue Services Act 2004 (Consequential Amendments) (Wales) Order 2005 (S.I. 2005/2929), arts. 1(1), 51(3)(b)