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The Motor Vehicles (Driving Licences) (Large Goods and Passenger-Carrying Vehicles) Regulations 1990

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Persons who may conduct tests

19.—(1) Tests may be conducted—

(a)by examiners appointed for that purpose by the Secretary of State;

(b)by examiners appointed for that purpose by the Secretary of State for Defence, insofar as concerns the testing of persons subject to the Naval Discipline Act 1957(1), to military law or to air force law, or of persons employed in the driving of motor vehicles for naval, military or air force purposes;

(c)in England and Wales, by the chief officer of any fire brigade maintained in pursuance of the Fire Services Act 1947(2) or, in Scotland, by the fire-master of such a brigade, insofar as concerns the testing of members of any such brigade or of persons employed in the driving of motor vehicles for the purposes of any such brigade;

(d)by any chief officer of police in so far as concerns the testing—

(i)of members of a police force, or

(ii)of persons employed in the driving of motor vehicles for police purposes by a police authority, or by the Receiver for the Metropolitan Police District or by the Commissioner of Police for the Metropolis; and

(e)in the case of tests of competence to drive passenger-carrying vehicles, by an examiner certified by the Secretary of State to be qualified to conduct the test, authorised to do so by a traffic commissioner and being, or being employed by, the holder of a PSV operator’s licence.

(2) Any person authorised by virtue of paragraph (1)(c) or (d) to conduct tests may, subject to the approval of the Secretary of State, authorise suitable persons to act as examiners of those who submit themselves for a test.

(3) No test shall be conducted by a person referred to in paragraph (1)(e)—

(a)in a case where the examiner is authorised by virtue of his holding a PSV operator’s licence, if the person being tested is not employed, or as the case may be, proposed to be employed by the examiner in the course of the business which he conducts by virtue of that licence; or

(b)in a case where the examiner is authorised by virtue of his employment by the holder of a PSV operator’s licence, if the person being tested is not employed, or, as the case may be, proposed to be employed by that holder in the course of the business conducted by that holder by virtue of that licence.

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