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Road Traffic Act 1988

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Examinations and testsE+W+S

132 Examinations and tests of ability to give driving instruction.E+W+S

(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 [F1instruction in the driving of motor cars (or appropriate motor cars)], 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 [F2for any] part of such an examination which consists of a practical test, or to [F3any part of such a test of continued ability and fitness which consists of practical assessment], to provide a vehicle for the purposes of [F4the practical test or assessment], 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 [F5, or required to submit himself for such a test,] to pay to the Registrar such fee as may be specified in the regulations in relation to that part [F6or such tests,], and

(c)for requiring a person who desires to submit himself for any part of such an examination [F7, or is required to submit himself for such a test] to supply the Registrar with such particulars as the Secretary of State may determine.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Words in s. 132(1) substituted (1.4.2002) by 2000 c. 38, s. 260, Sch. 29 para. 9(1)(2); S.I. 2002/658, art. 2(2), Sch. Pt. 2

F2Words in s. 132(2)(a) substituted (1.4.2002) by 2000 c. 38, s. 260, Sch. 29 para. 9(1)(3)(a)(i); S.I. 2002/658, art. 2(2), Sch. Pt. 2

F3Words in s. 132(2)(a) substituted (1.4.2002) by 2000 c. 38, s. 260, Sch. 29 para. 9(1)(3)(a)(ii); S.I. 2002/658, art. 2(2), Sch. Pt. 2

F4Words in s. 132(2)(a) substituted (1.4.2002) by 2000 c. 38, s. 260, Sch. 29 para. 9(1)(3)(a)(iii); S.I. 2002/658, art. 2(2), Sch. Pt. 2

F5Words in s. 132(2)(b) inserted (1.4.2002) by 2000 c. 38, s. 260, Sch. 29 para. 9(1)(3)(b)(i); S.I. 2002/658, art. 2(2), Sch. Pt. 2

F6Words in s. 132(2)(b) inserted (1.4.2002) by 2000 c. 38, s. 260, Sch. 29 para. 9(1)(3)(b)(ii); S.I. 2002/658, art. 2(2), Sch. Pt. 2

F7Words in s. 132(2)(c) inserted (1.4.2002) by 2000 c. 38, s. 260, Sch. 29 para. 9(1)(3)(c); S.I. 2002/658, art. 2(2), Sch. Pt. 2

Modifications etc. (not altering text)

C1S. 132 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

133 Review of examinations.E+W+S

(1)On the application of a person who has [F8undergone a relevant examination, or a part of such an examination]

(a)[F9a magistrates' court], or

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

may determine whether [F10the examination or part was properly conducted]

(2)If it appears to the court or sheriff [F11the examination or part was not properly]conducted, the court or sheriff may order that any fee payable by the applicant in respect of [F12the examination or 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.

[F13(4)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.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F8Words in s. 133(1) substituted (1.4.2002) by 2000 c. 38, s. 260, Sch. 29 para. 11(1)(2)(a); S.I. 2002/658, art. 2(2), Sch. Pt. 2 (with art. 3(3))

F9Words in s. 133(1)(a) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 309; S.I. 2005/910, art. 3

F10Words in s. 133(1) substituted (1.4.2002) by 2000 c. 38, s. 260, Sch. 29 para. 11(1)(2)(b); S.I. 2002/658, art. 2(2), Sch. Pt. 2 (with art. 3(3))

F11Words in s. 133(2) substituted (1.4.2002) by 2000 c. 38, s. 260, Sch. 29 para. 11(1)(3)(a); S.I. 2002/658, art. 2(2), Sch. Pt. 2 (with art. 3(3))

F12Words in s. 133(2) substituted (1.4.2002) by 2000 c. 38, s. 260, Sch. 29 para. 11(1)(3)(b); S.I. 2002/658, art. 2(2), Sch. Pt. 2 (with art. 3(3))

Modifications etc. (not altering text)

C2S. 133 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

Prospective

[F14133ZATrainingE+W+S

(1)Regulations may provide that a person—

(a)shall not be permitted to take any part of a relevant instructor examination,

(b)shall not be registered, or

(c)shall not have his registration extended,

unless he has successfully completed training in accordance with the regulations.

(2)Regulations may make provision in relation to training—

(a)by means of courses provided in accordance with the regulations,

(b)by means of study conducted in accordance with the regulations, and

(c)by any other prescribed means.

(3)Regulations under this section may include provision exempting persons from any requirement imposed by virtue of subsection (1) above; and regulations including such provision may (in particular)—

(a)limit an exemption to persons in prescribed circumstances,

(b)attach conditions to an exemption,

(c)regulate applications for an exemption, and

(d)include provision for the evidencing by a person of his being within an exemption.

(4)Regulations under this section may provide that training is not to be taken into account for the purposes of the regulations if it was completed before such time as is prescribed.

(5)Regulations under this section may, in particular, include—

(a)provision about the nature of training,

(b)provision for the approval by the Secretary of State of persons providing training or giving instruction as part of training and the withdrawal of approval (including provision for appeals to the [F15First-tier Tribunal] against refusal and withdrawal of approval) and provision for exemptions from any requirement of approval,

(c)provision for the training or assessment, or the supervision of training or assessment, of persons providing training or giving instruction as part of training,

(d)provision setting the maximum amount of any charges payable by persons undergoing training,

(e)provision for the evidencing of the successful completion of training, and

(f)provision authorising the Secretary of State to make available information about persons providing training or giving instruction as part of training.

(6)Regulations under this section may include provision for the charging of reasonable fees in respect of the exercise of any function conferred or imposed on the Secretary of State by the regulations.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F14Ss. 132-133ZA and cross-heading substituted (prosp.) for s. 132, 133 and cross-heading by Road Safety Act 2006 (c. 49), ss. 42, 61, Sch. 6 para. 14

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