Section 90 — Road Traffic Act 1988: Review of conduct of test.

Review of conduct of test. 90 1 On the application of a person who has submitted himself for a test of competence to drive—

a a magistrates’ court . . . , or b in Scotland, the sheriff within whose jurisdiction he resides, may determine whether the test was properly conducted in accordance with regulations.

2 The court or, as the case may be, sheriff may, if it appears that the test was not so conducted—

a order that the applicant shall be eligible to submit himself for another test before the expiration of the period specified for the purposes of section 89(4)(c) of this Act, and b order that any fee payable by the applicant in respect of the test shall not be paid or, if it has been paid, shall be repaid.

3 If regulations make provision for a test of competence to drive to consist of separate parts, this section applies in relation to each part as well as in relation to the whole of the test.