The Motor Vehicles (Driving Licences) Regulations 1996

Examiner’s right to refuse to conduct test

35.—(1) Subject to paragraphs (2) and (3), where a person submitting himself for—

(a) a theory test fails to satisfy the person authorised to conduct it that he has complied with any requirement imposed by regulation 34(2), or

(b) a practical or unitary test fails to satisfy the person authorised to conduct it that he has complied with any requirement imposed by regulation 33(2) or (3) or regulation 34(3), (4), (5) or (6)

the person authorised to conduct the test must refuse to do so.

(2) Where a person who has submitted himself for—

(a) a practical test fails to produce a document required to be produced under regulation 34(3) or (6), or

(b) a practical or unitary test fails to produce an appropriate licence as required under regulation 34(4)(a),

if the person authorised to conduct the test is satisfied from other evidence that the document in question exists he may conduct the test.

(3) Where a person with special needs has failed to give to the person conducting a theory test such notice of those needs (being not less than 15 working days) as he may reasonably require the person authorised to conduct the test may refuse to do so.

(4) Where a person who requires the assistance of an interpreter at the theory test attends at the test with an interpreter who is—

(a) not approved by the licensing authority to act as such, or

(b) with whom the test candidate is acquainted,

the person authorised to conduct the test must refuse to do so.

(5) In this regulation, “special needs” means a reasonable requirement for special treatment during the test arising by virtue of—

(a) the test not being available in a language which the test candidate understands,

(b) the test candidate having reading difficulties, or

(c) the test candidate being physically disabled.