OpenLegislation

Regulation 24 Persons by whom manoeuvres tests, large vehicle off road manoeuvres tests, practical tests and unitary tests may be conductedF34C1

England, Wales and Scotland

(1)

A F1manoeuvres test, large vehicle off road manoeuvres test, practical test or unitary test other than a test conducted in the circumstances specified in paragraph (2) F2or (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)

F3...F4... ... F5...

F6(ca)

in England, a person appointed by any fire and rescue authority for the purpose of testing employees of any fire and rescue authority;

F7(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;

F8(cb)

in Scotland, a person appointed by F9any relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5)) the Scottish Fire and Rescue Service for the purpose of testing employees of F10any relevant authority that Service;

F11(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;

F12(d)

a person appointed by a chief officer of police, for the purpose of testing—

(i)

members of a police force, and,

C2(ii)

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

F13(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 F14, 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.

F15(1ZA)

Subject to paragraphs (3), (3A) and (5), 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 be conducted by a person who—

(a)

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

(b)

has the prior written approval of the Secretary of State for the purpose of testing a class of persons specified in the instrument of appointment.

(1ZB)

An appointment made under paragraph (1ZA) 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 where a person 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.

F16(1A)

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 F17reading 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.

F18(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 F19manoeuvres 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.

F20(2A)

F21A F22manoeuvres 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 F23manoeuvres tests, large vehicle off road manoeuvres tests, practical tests or unitary tests under the provisions of F24sub-paragraphs (b), (ca), (cb) F25(cc), (cd),, (d), (f) or (g) of paragraph (1) F26, F27under 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.

Annotations

Textual amendments

F1

Words in reg. 24(1) substituted (15.11.2021 at 1.00 a.m.) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1154), regs. 1(2), 5(b)

F2

Words in reg. 24(1) inserted (1.1.2001) by The Motor Vehicles (Driving Licences) (Amendment)(No. 2) Regulations 2000 (S.I. 2000/3157), regs. 1, 6(1)(a)

F3

Words in reg. 24(1)(c) omitted (W.) (25.10.2005) by virtue of The Fire and Rescue Services Act 2004 (Consequential Amendments) (Wales) Order 2005 (S.I. 2005/2929), arts. 1(1), 51(3)(a)

F4

Words in reg. 24(1)(c) omitted (E.) (30.12.2004) by virtue of The Fire and Rescue Services Act 2004 (Consequential Amendments) (England) Order 2004 (S.I. 2004/3168), arts. 1(1), 51(3)(a)

F5

Words in reg. 24(1)(c) omitted (S.) (2.8.2005) by virtue of The Fire (Scotland) Act 2005 (Consequential Modifications and Amendments) (No. 2) Order 2005 (S.S.I. 2005/344), art. 1, Sch. 1 para. 24(3)(a); S.S.I. 2005/392, arts. 1, 2

F6

Reg. 24(1)(ca) inserted (E.) (30.12.2004) by The Fire and Rescue Services Act 2004 (Consequential Amendments) (England) Order 2004 (S.I. 2004/3168), arts. 1(1), 51(3)(b)

F7

Reg. 24(1)(ca) inserted (W.) (25.10.2005) by The Fire and Rescue Services Act 2004 (Consequential Amendments) (Wales) Order 2005 (S.I. 2005/2929), arts. 1(1), 51(3)(b)

F8

Reg. 24(1)(cb) inserted (S.) (2.8.2005) by The Fire (Scotland) Act 2005 (Consequential Modifications and Amendments) (No. 2) Order 2005 (S.S.I. 2005/344), art. 1, Sch. 1 para. 24(3)(b); S.S.I. 2005/392, arts. 1, 2

F9

Words in reg. 24(1)(cb) substituted (S.) (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, sch. 2 para. 18(3)(a)

F10

Words in reg. 24(1)(cb) substituted (S.) (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, sch. 2 para. 18(3)(b)

F11

Regs. 24(1)(cc)-(cf) inserted (1.11.2021) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2021 (S.I. 2021/1128), regs. 1(2), 6(a)

F12

Reg. 24(1)(d) substituted (16.1.2012) by The Local Policing Bodies (Consequential Amendments) Regulations 2011 (S.I. 2011/3058), regs. 1(2), 16(3)

F13

Reg. 24(1)(e) omitted (1.9.2003) by virtue of The Motor Vehicles (Driving Licences) (Amendment)(No. 4) Regulations 2003 (S.I. 2003/2003), regs. 1(1)(a), 3(3)

F14

Reg. 24(1)(g) and preceding word inserted (2.4.2007) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2007 (S.I. 2007/698), regs. 1(1), 4

F15

Reg. 24(1ZA)(1ZB) substituted for reg. 24(1ZA) (8.4.2025) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2025 (S.I. 2025/356), regs. 1(2), 3(a)

F16

Reg. 24(1A)-(1D) inserted (29.12.2014) by virtue of The Road Traffic Act 1988 and Motor Vehicles (Driving Licences) (Amendment) Regulations 2014 (S.I. 2014/3190), regs. 1, 6

F17

Words in reg. 24(1D) inserted (31.12.2020) by The Driving Licences (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1251), regs. 1(2), 6(7); 2020 c. 1, Sch. 5 para. 1(1)

F18

Reg. 24(1E) inserted (1.11.2021) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2021 (S.I. 2021/1128), regs. 1(2), 6(b)

F19

Words in reg. 24(2) substituted (15.11.2021 at 1.00 a.m.) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1154), regs. 1(2), 5(d)

F20

Reg. 24(2A) inserted (1.1.2001) by The Motor Vehicles (Driving Licences) (Amendment)(No. 2) Regulations 2000 (S.I. 2000/3157), regs. 1, 6(2)

F21

Words in reg. 24(2A) added (30.3.2009) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2009 (S.I. 2009/788), regs. 1(2), 7(d) (with reg. 33)

F22

Words in reg. 24(2A) substituted (15.11.2021 at 1.00 a.m.) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1154), regs. 1(2), 5(e)

F23

Words in reg. 24(3) substituted (15.11.2021 at 1.00 a.m.) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1154), regs. 1(2), 5(f)(i)

F24

Words in reg. 24(3) substituted (1.4.2008) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2008 (S.I. 2008/508), regs. 1, 4(a)

F25

Words in reg. 24(3) inserted (1.11.2021) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2021 (S.I. 2021/1128), regs. 1(2), 6(c)

F26

Words in reg. 24(3) inserted (15.11.2021 at 1.00 a.m.) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1154), regs. 1(2), 5(f)(ii)

F27

Word in reg. 24(3) inserted (8.4.2025) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2025 (S.I. 2025/356), regs. 1(2), 3(b)

F28

Reg. 24(3A) inserted (7.7.2008) by The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2008 (S.I. 2008/1435), regs. 1(1), 7(a) (with reg. 22)

F29

Words in reg. 24(5) substituted (1.4.2008) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2008 (S.I. 2008/508), regs. 1, 4(b)

F30

Words in reg. 24(5) inserted (1.11.2021) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2021 (S.I. 2021/1128), regs. 1(2), 6(c)

F31

Words in reg. 24(5) inserted (15.11.2021 at 1.00 a.m.) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1154), regs. 1(2), 5(g)

F32

Reg. 24(7)(8) inserted (7.7.2008) by The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2008 (S.I. 2008/1435), regs. 1(1), 7(b) (with reg. 22)

F33

Words in reg. 24(7) inserted (1.11.2021) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2021 (S.I. 2021/1128), regs. 1(2), 6(c)

F34

Reg. 24 heading substituted (15.11.2021 at 1.00 a.m.) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1154), regs. 1(2), 5(a)

Modifications

C1

Reg. 24 applied (with modifications) (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 1 para. 43(3)

C2

Reg. 24(1)(d)(ii) modified (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 33(2), Sch. 5 para. 43(3)

Notes on the whole SI

Textual amendments

F1

1988 c. 52. Relevant amendments are referred to where appropriate below. Amending statutes and instruments are referred to in the footnotes to these Regulations in the following manner: “the 1989 Act" means the Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22); “the 1990 Regulations" means the Driving Licences (Community Driving Licence) Regulations 1990 (S.I. 1990/144), “the 1991 Act" means the Road Traffic Act 1991 (c. 40), “the 1996 Regulations" means the Driving Licences (Community Driving Licence) Regulations 1996 (S.I. 1996/1974) and “the 1998 Regulations" means the Driving Licences (Community Driving Licence) Regulations 1998 (S.I. 1998/1420).

F2

Subsection (6) was amended by the 1990 Regulations.

F3

Subsection (1A) was inserted by the 1996 Regulations, subsections (2A) and (5A) were inserted by the 1989 Act, section 6; subsection (3) was amended by the 1991 Act, Schedule 4, paragraph 63; subsection (4) was amended by the 1989 Act, Schedule 3, paragraph 8 and by the 1996 Regulations; subsection (7) was amended and subsections (9) and (10) were substituted by the 1989 Act, Schedule 3, paragraph 8 and subsections (7), (9) and (10) were amended by the 1996 Regulations. Subsection (4)(b) is to be read with the Department of Transport (Fees) Order 1988 (S.I. 1988/643), as amended by S.I. 1991/811, 1993/1601, 1995/1684 and 1996/1929, the relevant entries being items 5, 5A and 6 in Schedule 1, Table III.

F4

Section 89A was inserted by the 1989 Act, section 4(4).

F5

Subsection (2) was amended by the 1996 Regulations.

F6

Subsections (4) and (5) were amended by the 1989 Act, section 5(7) and (8).

F7

Subsections (1) and (3) were amended by the 1989 Act, section 6(2) and Schedule 6 and by the 1996 and 1998 Regulations, subsection (1A) was inserted by the 1998 Regulations; subsections (3A) and (3B) were inserted by the 1989 Act, section 6(2) and subsection (3A) was amended by the 1996 and 1998 Regulations; subsection (4) was amended by the 1996 and 1998 Regulations; subsection (4) was amended by the 1998 Regulations.

F8

Subsections (2) and (4) were amended by the 1989 Act, Schedule 3, paragraph 11. Subsection (2) was amended by the 1990 Regulations.

F9

Subsection (1) was amended by Schedule 3, paragraph 12, of the 1989 Act; subsection (1A) was inserted by section 2(2) of that Act.

F10

Section 99A was inserted by the 1996 Regulations; subsection (4) was amended by the 1998 Regulations.

F11

Subsection (2) was amended by the 1989 Act, Schedule 3, paragraph 14 and by the 1990, 1996 and 1998 Regulations; subsection (4) was amended by the 1996 Regulations.

F12

See the definitions of “prescribed" and “regulations".

F13

Sections 114, 115, 116 and 117 to 122 (Part IV of the Act) were substituted by the 1989 Act, section 2(1) and Schedule 2, Section 114(1) was amended by the 1996 Regulations.

F14

Subsection (3) was amended by the 1991 Act, Schedule 4, paragraph 64 and the 1996 Regulations.

F15

Section 115A was inserted by the 1996 Regulations.

F16

Subsection (2A) was inserted by the 1991 Act, Schedule 4, paragraph 65.

F17

See the definition of “prescribed".

F18

Amended by the 1990 Regulations.

F19

Amended by the 1991 Act, Schedule 4, paragraph 68.

F20

Inserted by the 1989 Act, Schedule 3, paragraph 23.

F21

See the definition of “prescribed".

F22

See section 105(4) of the Road Traffic Act 1988.