A learner who believes a driving test was handled wrongly has two separate routes, both described by GOV.UK and the Driver and Vehicle Standards Agency (DVSA), and neither can change the test result. This guide draws on three sources read on 2 November 2026: the GOV.UK guide Appeal your driving test (content record last updated 20 August 2026), the DVSA complaints procedure (last updated 13 October 2026) and section 90 of the Road Traffic Act 1988 on legislation.gov.uk (up to date to 2 November 2026). It covers driving tests as the sources describe them, for England and Wales and for Scotland. None of the pages addresses Northern Ireland. General information, not legal advice.
A complaint and an appeal are different things
The DVSA says a learner can complain about a driving test when unhappy with the service received, for example problems booking and managing the test, or the examiner’s behaviour. The DVSA says it aims to reply within 10 working days, and that the complainant can say what they want to happen, but the DVSA cannot change the driving test result.
An appeal is a court process. GOV.UK says a learner can appeal to a court if they think the examiner did not follow the law about how tests must be carried out. It adds that the court cannot change the test result either. If the appeal succeeds, the court can decide the learner should be allowed a free retest or given a refund of the test fee. The DVSA complaints page points the same way: if a learner told the DVSA the examiner did not follow the law and the DVSA did not agree, the learner can appeal to a court.
GOV.UK also warns that a losing appellant might have to pay significant legal costs, and says it is quicker and easier to complain to the DVSA if there is proof that the test did not follow the law.
What counts as grounds for appeal
GOV.UK frames an appeal around whether the examiner followed the law. Its examples are that:
- the examiner did not check the learner’s eyesight at the start of the test
- the learner spent less than 30 minutes on the road
- the examiner did not ask the learner to do a reversing exercise
- the examiner did not ask the ‘show me, tell me’ questions
GOV.UK says the appeal cannot succeed where something was not done because the examiner stopped the test due to dangerous driving. For the full list of what an examiner had to include, it points to section 40 and schedule 8 of the Motor Vehicles (Driving Licences) Regulations 1999, and for approved driving instructor tests to parts of the Motor Cars (Driving Instruction) Regulations 2005.
Reasons GOV.UK says will not succeed
Its list includes: disagreeing with the result; disagreeing with the examiner’s judgement; thinking it unfair that the examiner marked a dangerous or serious fault; not liking the examiner; feeling unwell during the test; the car breaking down during the test; and another road user doing something wrong that the learner did not respond to correctly. The page adds that there is a separate process for complaining about an examiner, for example rudeness, and that the DVSA cannot change a test result.
What section 90 says
Section 90 of the Road Traffic Act 1988, headed Review of conduct of test, lets a magistrates’ court (or, in Scotland, the sheriff where the person lives) determine whether a test was properly conducted in accordance with regulations. If it appears it was not, the court or sheriff may order that the applicant is eligible to take another test before the period specified in section 89(4)(c) expires, and that the test fee is not paid or is repaid. The section says it applies to each part of a test made up of separate parts, as well as to the test as a whole.
Where and when to appeal
GOV.UK gives different deadlines by nation:
- England and Wales: contact the local magistrates’ court within 6 months of the driving test.
- Scotland: contact the local sheriff court within 21 days of the driving test.
The learner tells the court the appeal is about a driving test under section 90 of the Road Traffic Act 1988 (section 133 for an ADI qualifying test). GOV.UK says the DVSA is named as the defendant on any court forms, and that it helps to explain which section of the law the examiner did not follow and how.
At the hearing
A judge, magistrate or sheriff hears the appeal. The learner may use a solicitor, who GOV.UK says will usually have to be paid. The learner may be asked to give evidence and answer questions, and in most cases the DVSA has a legal representative in court. On the standard of proof, the page says the learner must show it is more probable than not that the examiner did not follow the law. The court will usually dismiss an appeal if the learner does not attend, and a learner who loses must book and pay to take the test again.
Making a complaint to the DVSA
For a driving test complaint, the DVSA asks for the type of test, the date, time and place, what the complaint is and what the learner wants to happen. It also needs two of three identifiers: driving licence number, theory test pass certificate number or test booking reference. Complaints can go by email to customer services or by post. If the response is unsatisfactory, the DVSA’s Public Liaison team can look at it again, and the DVSA says online is the quickest and easiest way to ask.
The bottom line
According to GOV.UK and the DVSA, a complaint is about service and conduct, an appeal is a court challenge limited to whether the examiner followed the law, and neither changes a test result. England and Wales allow 6 months to appeal to the magistrates’ court, while Scotland allows 21 days to the sheriff court. A winning appeal can bring a free retest or a refund, and a losing one can bring legal costs.
Sources
- Appeal your driving test, GOV.UK, content record last updated 20 August 2026, read 2 November 2026 (gov.uk)
- Complaints procedure, Driver and Vehicle Standards Agency, GOV.UK, last updated 13 October 2026, read 2 November 2026 (gov.uk)
- Road Traffic Act 1988, section 90, Review of conduct of test, up to date with changes known to be in force on or before 2 November 2026, read 2 November 2026 (legislation.gov.uk)