The Motor Vehicles (Driving Licences) Regulations 1999

Persons by whom practical and unitary tests may be conducted

24.—(1) A practical or unitary test other than a test conducted in the circumstances specified in paragraph (2) 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) in England and Wales, a person appointed by the chief officer of any fire brigade maintained in pursuance of the Fire Services Act 1947 or, in Scotland, by the firemaster of such a brigade, for the purpose of testing members of the brigade of which he is the chief officer or of persons employed in the driving of motor vehicles for the purposes of any such brigade;

(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;

(e) a person appointed by a company which—

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

(ii) normally employs for the purpose of its operations in excess of 250 persons as drivers of motor vehicles,

for the purpose of testing persons employed by it as drivers or persons whom it proposes so to employ;

(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.

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

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

(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.

(3) No person shall be eligible to appoint any person or class of persons to conduct practical or unitary tests under the provisions of sub-paragraphs (b), (c), (d), (e) or (f) 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.

(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 sub-paragraph (b), (c), (d), (e) or (f) 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.