The Motor Vehicles (Driving Licences) Regulations 1999

[F1Persons by whom manoeuvres tests, large vehicle off road manoeuvres tests, practical tests and unitary tests may be conducted]E+W+S

24.—(1) A [F2manoeuvres test, large vehicle off road manoeuvres 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 [F10any relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5))] [F10the Scottish Fire and Rescue Service] for the purpose of testing employees of [F11any relevant authority] [F11that Service];]

[F12(cc)in England or Wales, a person appointed by any ambulance service NHS trust, or ambulance service NHS foundation trust, for the purpose of testing employees of any of those trusts;

(cd)in Scotland, a person appointed by the Scottish Ambulance Service Board for the purpose of testing employees of that Board;

(ce)a person who, or a member of a class of persons which, —

(i)has been appointed to conduct manoeuvres, practical or unitary tests under sub paragraph (b) of paragraph (1), and

(ii)has the prior written approval of the Secretary of State for the purpose of testing employees of one or more emergency services;

(cf)a person who—

(i)is appointed to conduct manoeuvres, practical or unitary tests under any one of sub paragraphs (ca) to (cd) or (d) of paragraph (1), and

(ii)has the prior written approval of the Secretary of State for the purpose of testing either or both—

(aa)defence personnel;

(bb)employees of one or more other emergency services;]

[F13(d)a person appointed by a chief officer of police, for the purpose of testing—

(i)members of a police force, and,

(ii)persons employed by a police authority, local policing body or chief officer of police for the purpose of assisting a police force;]

F14(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 [F15, 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.]

[F16(1ZA) A large vehicle off road manoeuvres test other than a large vehicle off road manoeuvres test conducted in the circumstances specified in paragraph (2) or (2A) may, subject to the following provisions of this regulation, be conducted by—

(a)a person appointed by a body which has been approved by the Secretary of State for the purpose of conducting large vehicle off road manoeuvres tests, and

(b)such person must also be approved in writing by the Secretary of State for the purpose of testing a class of persons specified in the instrument of appointment, and such appointment—

(i)may be made subject to such conditions as are, in the opinion of the Secretary of State, reasonably necessary in the general interests of candidates, and

(ii)where a person so approved breaks such a condition, the Secretary of State may approve another person to carry out large vehicle off road manoeuvres tests in substitution for that person notwithstanding that the first approval has not been revoked.]

[F17(1) The Secretary of State must ensure that persons appointed as examiners for the purposes of paragraph (1)—

(a)who were appointed on or after 19th January 2013 meet and maintain the minimum standards set out in paragraphs 1, 2.1 and 2.2 of Annex IV, and

(b)who were appointed before 19th January 2013 meet the quality assurance and regular periodic training arrangements in place in accordance with paragraph 4 of Annex IV.

(1B) The Secretary of State must establish arrangements for authorising an examiner to conduct driving tests and ensure that such arrangements are in compliance with paragraphs 2.3, 3 and 5.1 of Annex IV.

(1C) The Secretary of State must ensure that there are in place quality assurance and regular periodic training arrangements of driving examiners in accordance with paragraph 4 of Annex IV.

(1D) In this regulation, “Annex IV” means Annex IV of Directive 2006/126/EC of the European Parliament and of the Council on driving licences [F18reading that Annex as if—

(a)in the fifth indent of point 1.3, “EU and” was omitted, and

(b)references to “Member States” or “Member State” were references to the Secretary of State.]]

[F19(1E) The Secretary of State may grant approval under paragraph (1)(ce)(ii) or (cf)(ii) subject to such conditions as the Secretary of State thinks fit, and may vary any such conditions by notice in writing given to the person to whom the approval was granted.]

(2) Where the person submitting himself for a test is disqualified until he passes the appropriate driving test, a [F20manoeuvres test, large vehicle off road manoeuvres 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

(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.

[F21(2A) [F22A [F23manoeuvres test, a large vehicle off road 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 [F24manoeuvres tests, large vehicle off road manoeuvres tests, practical tests] or unitary tests under the provisions of [F25sub-paragraphs (b), (ca), (cb) [F26(cc), (cd),], (d), (f) or (g) of paragraph (1)] [F27, paragraph (1ZA)] 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.

[F28(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 [F29sub-paragraphs (b), (ca), (cb) [F30(cc), (cd),], (d), (f) or (g) of paragraph (1)] [F31, under paragraph (1ZA)] 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.

[F32(7) Each person who has appointed a person to conduct tests under sub-paragraph (ca), (cb) [F33(cc), (cd),], (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.]