{
  "url": "https://openlegislation.uk/motor-vehicles-driving-licences-regulations-1999/regulation-39",
  "json_url": "https://openlegislation.uk/motor-vehicles-driving-licences-regulations-1999/regulation-39.json",
  "legislation": "uksi/1999/2864",
  "legislation_title": "The Motor Vehicles (Driving Licences) Regulations 1999",
  "legislation_url": "https://openlegislation.uk/motor-vehicles-driving-licences-regulations-1999",
  "path": "regulation/39",
  "kind": "regulation",
  "number": "39",
  "heading": "Examiner’s right to refuse to conduct test",
  "text": "(ZA1) An appointed person shall refuse to conduct a safe road use test where the requirement in regulation 38(ZA1) is not met.\n(1) Subject to paragraphs (2) and (3), where a person submitting himself for—\n(a) a theory test fails to satisfy the person authorised to conduct it that he has complied with any requirement imposed by regulation 38(3), or\n(b) a practical test (other than in relation to a two-wheeled vehicle of a class included in category AM or A) or unitary test fails to satisfy the person authorised to conduct it that he has complied with any requirement imposed by paragraphs (4) to (10) of regulation 37 or by paragraph (4), (5) or (7) of regulation 38,\nthe person authorised to conduct the test must refuse to do so.\n(1A) Subject to paragraphs (2) and (3), the person authorised to conduct a test in relation to a two-wheeled vehicle of a class included in category AM or A must refuse to do so where—\n(a) a person submitting to a manoeuvres test fails to satisfy the person conducting the test that any requirement imposed by paragraph (4) of regulation 37, by paragraph (4), (5), (7) or (8) of regulation 38 or by paragraph (1A)(a) of regulation 40A has been complied with; or\n(b) a person submitting to a practical test fails to satisfy the person conducting the test that any requirement imposed by paragraph (4) of regulation 37, by paragraph (4), (5), (7), (8), (8A) or (8B) of regulation 38 or by paragraph (1A)(c) of regulation 40A has been complied with.\n(2) Where a person—\n(a) fails to produce an appropriate licence as required under paragraph (3)(a)(i) or (5)(a) of regulation 38, or\n(b) where he has submitted himself for a manoeuvres test, large vehicle off road manoeuvres test, practical test or unitary test, fails to produce a document required to be produced in accordance with paragraph (4), (8), (8A) or (8B) of that regulation,\nif the person authorised to conduct the test—\n(i) is satisfied from other evidence that the document in question exists, and\n(ii) in the case of a person who has failed to produce a licence, is satisfied that the requirements of regulation 38(3)(a)(ii) or (5)(b) have been complied with,\nhe may conduct the test.\n(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.\n(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(5) In this regulation, “special needs\" means a reasonable requirement for special treatment during the test arising by virtue of—\n(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(b) the test candidate having reading difficulties, or\n(c) the test candidate being physically disabled.",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Reg. 39(ZA1) inserted (1.5.2010) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2010 (S.I. 2010/1203), regs. 1(2), 17"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in reg. 39(1)(b) inserted (30.3.2009) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2009 (S.I. 2009/788), regs. 1(2), 17(a)(i) (with reg. 33)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in reg. 39(1)(b) substituted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 22"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in reg. 39(1)(b) substituted (30.3.2009) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2009 (S.I. 2009/788), regs. 1(2), 17(a)(ii) (with reg. 33)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Reg. 39(1A) inserted (30.3.2009) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2009 (S.I. 2009/788), regs. 1(2), 17(b) (with reg. 33)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in reg. 39(1A) substituted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 22"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Words in reg. 39(2)(b) substituted (30.3.2009) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2009 (S.I. 2009/788), regs. 1(2), 17(c)(i) (with reg. 33)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Words in reg. 39(2)(b) 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), 15"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Words in reg. 39(2)(b) substituted (30.3.2009) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2009 (S.I. 2009/788), regs. 1(2), 17(c)(ii) (with reg. 33)"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "Reg. 39(4) omitted (31.12.2015) by virtue of The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2015 (S.I. 2015/1797), regs. 1, 5(a)"
    },
    {
      "type": "F",
      "label": "F11",
      "text": "Reg. 39(5)(a) omitted (31.12.2015) by virtue of The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2015 (S.I. 2015/1797), regs. 1, 5(b)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1999/2864/regulation/39",
    "retrieved_at": "2026-10-29T09:42:23.500437+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}