Regulation 27 Applications for theory tests: motor bicycle instructors

England, Wales and Scotland

(1)

A motor bicycle instructor who wishes to make an appointment for a theory test prescribed in respect of motor vehicles in category F1AM or A to be conducted by an appointed person and to be taken by a person who has, or will have, received from that instructor tuition to prepare him for the theory test shall—

(a)

apply for such an appointment to the appointed person, specifying the date and time of the appointment which the instructor wishes to reserve and the place where he wishes the test to be conducted,

(b)

provide such details relating to himself, the establishment and the nature of the test as the appointed person may reasonably require, F2and

F3(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)

pay the fee (recoverable from the person nominated under paragraph (4)) specified in F4regulation 30(3).

(2)

The appointed person may refuse to accept an application from a motor bicycle instructor (or, where two or more applications have been made on the same occasion, to accept all or any of those applications) where any appointment specified in the application is unavailable or where, in the opinion of the appointed person, it is reasonably necessary to do so in the general interests of applicants for theory tests.

(3)

Subject to paragraphs (2) and (5), upon receipt of such details and such fee the appointed person shall confirm to the motor bicycle instructor the date and time of the appointment.

(4)

If, before the expiration of the qualifying period, the appointed person receives from the motor bicycle instructor the name and such further details relating to—

(a)

the person receiving tuition from that instructor who will at the appointment submit himself for that test, and

(b)

the nature of the test,

as the appointed person may reasonably require, the appointed person shall make the arrangements necessary for the taking of the appropriate test.

(5)

A person nominated by a motor bicycle instructor pursuant to paragraph (4) for a theory test in respect of motor vehicles in category F5AM or A may neither be so nominated nor apply under regulation 26 for a further appointment for such a test unless—

(a)

the appointment made pursuant to the first nomination has been cancelled, or

(b)

the test due on that appointment does not take place for any reason other than cancellation, or

(c)

he has kept that appointment (whether or not the test is completed).

(6)

The qualifying period for the purposes of paragraph (4) is the period expiring F6at 16.00 hours on the day which allows one clear working day to elapse between that day and the day for which the appointment is made.

Annotations

Textual amendments

F1: Words in reg. 27(1) substituted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 16
F2: Word in reg. 27(1)(b) added (7.7.2008) by The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2008 (S.I. 2008/1435), regs. 1(1), 8(a) (with reg. 22)
F3: Reg. 27(1)(c) omitted (7.7.2008) by virtue of The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2008 (S.I. 2008/1435), regs. 1(1), 8(b) (with reg. 22)
F4: Words in reg. 27(1)(d) substituted (20.8.2014) by The Driving Theory Test Fees (Various Amendments) Regulations 2014 (S.I. 2014/1816), regs. 1, 2(3)
F5: Words in reg. 27(5) substituted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 16
F6: Words in reg. 27(6) substituted (1.11.2005) by The Motor Vehicles (Driving Licences) (Amendment) (No 2) Regulations 2005 (S.I. 2005/2717), regs. 1, 5

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.