Section 133 — Road Traffic Act 1988: Review of examinations.

Review of examinations. 133 1 On the application of a person who has undergone a relevant examination, or a part of such an examination —

a a magistrates' court , or b in Scotland, the sheriff within whose jurisdiction he resides, may determine whether the examination or part was properly conducted 2 If it appears to the court or sheriff the examination or part was not properly conducted, the court or sheriff may order that any fee payable by the applicant in respect of the examination or part shall not be paid or, if it has been paid, shall be repaid.

3 No appeal shall lie under section 131 of this Act in respect of any matter in respect of which an application may be made to a magistrates’ court or a sheriff under subsection (1) above.

4 In this section “ a relevant examination ” means—

a an examination of ability to give instruction in the driving of motor cars, b a test of continued ability and fitness to give instruction in the driving of motor cars (or appropriate motor cars), or c an emergency control assessment.