The Motor Vehicles (Driving Licences) Regulations 1996

• (b) provide such details relating to himself, the establishment and the nature of the test as the appointed person may reasonably require,

• (c) pay the fee, if any, specified in regulation 31 which is recoverable from the person nominated under paragraph (4).

• (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 practical or unitary 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 A or P may neither be so nominated nor apply under regulation 28 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 on the day which is three clear working days before the day for which the appointment is made.

Applications for theory tests: large vehicle instructors

30

• (1) A large vehicle instructor who wishes to make an appointment for a theory test prescribed in respect of motor vehicles in category C or D 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,

• (c) pay the fee, if any, specified in regulation 31, which is recoverable from the person nominated under paragraph (4).

• (2) The appointed person may refuse to accept an application from a large vehicle 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 large vehicle instructor the date and time of the appointment.

• (4) If, before the expiration of the qualifying period, the appointed person receives from the large vehicle 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 large vehicle instructor pursuant to paragraph (4) for a theory test prescribed in respect of any category may neither be so nominated nor apply under regulation 28 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 ending on the day which is three clear working days before the day for which the appointment is made.

Fees for theory tests

31

The fee payable for a theory test to be conducted by an appointed person in respect of any category of motor vehicle is £15 and is payable to the licensing authority and no fee is payable in respect of any other theory test.

Cancellation of tests

32

For the purposes of section 91(b) of the Traffic Act (which section specifies the cases in which a fee paid on an application for an appointment for a test may be repaid) notice cancelling an appointment—

• (a) for a practical or unitary test to be conducted by a DSA examiner must be given to the licensing authority not less than ten clear working days before the day for which the appointment is made;

• (b) for a theory test to be conducted by an appointed person must be given not less than three clear working days before the day for which the appointment is made.

Requirements at tests

Vehicles suitable for test

33

• (1) Subject to paragraph (2), a practical or unitary test prescribed in respect of a category or sub-category shown in column (1) of the table at the end of this regulation shall be conducted in a vehicle having a specification equivalent to or (other than in the case of a test in respect of category F, G, H, K or P) higher than that shown in relation to that category or sub-category in column (2) of the table.

• (2) Where an application for a practical test prescribed in respect of category A contains a declaration that the applicant is suffering from a relevant disability of such a nature that he is unable to ride a motor bicycle without a side-car, the applicant shall take the test on a motor bicycle and side-car combination having the following specification—

• (a) in the case of a test for a licence authorising the driving of a large motor bicycle and side-car combination, a combination in which the bicycle has a maximum net power output of not less than 35 kilowatts, and

• (b) in the case of a test for a licence authorising the driving of a standard motor bicycle and side-car combination, a combination which has a power to weight ratio not exceeding 0.16 kw/kg.

• (3) A person submitting himself for a practical or unitary test shall provide a vehicle which—

• (a) corresponds to the specification referred to in paragraph (1) or (2), as the case may be;

• (b) is not fitted with a device designed to permit a person other than the driver to operate the accelerator, unless any pedal or lever by which the device is operated and any other parts which it may be necessary to remove to make the device inoperable by such a person during the test have been removed;

• (c) in the case of a test prescribed in respect of category B + E, C, C + E, D or D + E—

• (i) is not carrying goods or burden other than fixed items which are characteristic of the class to which it belongs, and

• (ii) is fitted with a seat which is firmly secured to the vehicle and in such a position that the examiner can properly conduct the test and is protected from bad weather during the test;

• (d) in the case of a test prescribed in respect of category D, is so constructed that the examiner can, from the deck of the vehicle on which the driver is seated, clearly observe the road to the rear of the vehicle without the use of any optical device, unless—

• (i) the construction of the vehicle makes it impossible to fulfil that requirement, and

• (ii) the examiner consents to the requirement not being complied with in consequence of an arrangement to conduct part of the test elsewhere than on a road;

• (e) in the case of a test prescribed in respect of category B + E, C + E, or D + E, is fitted with linkage and braking mechanisms which are designed for use when the trailer is fully laden; and

• (f) is reasonably representative of the class to which it belongs and is otherwise suitable for the purposes of the test.

• (4) In the table at the end of this regulation, “minimum test vehicle” means, in relation to any category or sub-category, a vehicle of a specification shown in relation to the category or sub-category in column (2) of the table.

(1) Category or sub-category	(2) Specification
A in the case of a test for a licence authorising the driving of large motor bicycles	A motor bicycle without a sidecar having an engine with a maximum net power output of 35 kilowatts.
A in the case of any other test	A learner motor bicycle without a sidecar having an engine with a cylinder capacity of 121 cubic centimetres and capable of a speed of 100 kilometres per hour.
A1	A learner motor bicycle without a sidecar having an engine with a cylinder capacity of 75 cubic centimetres.
B	Any four-wheeled vehicle in category B capable of a speed of 100 kilometres per hour.
B1 (invalid carriages)	An invalid carriage.
B1, in the case of any other test	Any vehicle in sub-category B1 capable of a speed of 60 kilometres per hour.
B + E	A combination of a minimum test vehicle for category B and a trailer having a maximum authorised mass of 1,000 kilograms which is capable of a speed of 100 kilometres per hour.
C1	Any vehicle in sub-category C1 having a maximum authorised mass of 4,000 kilograms and capable of a speed of 80 kilometres per hour.
C1 + E	A combination of a minimum test vehicle for sub-category C1 and a trailer having a maximum authorised mass of 2,000 kilograms, the overall length of which is 8 metres and which is capable of a speed of 80 kilometres per hour.
D1	Any vehicle in sub-category D1 capable of a speed of 80 kilometres per hour.
D1 + E	A combination of a minimum test vehicle for sub-category D1 and a trailer having a maximum authorised mass of 1,250 kilograms which is capable of a speed of 80 kilometres per hour.
C	Any vehicle in category C, other than an articulated goods vehicle, having a maximum authorised mass of 10,000 kilograms and a length of 7 metres which is capable of a speed of 80 kilometres per hour.
C + E	Either– an articulated goods vehicle combination having a maximum authorised mass of 18,000 kilograms and a length of 12 metres which is capable of a speed of 80 kilometres per hour, or a combination of a minimum test vehicle for category C and a trailer having a length of 4 metres and a maximum authorised mass of 4 tonnes, which has, in aggregate, a maximum authorised mass of 18,000 kilograms and an overall length of 12 metres and which is capable of a speed of 80 kilometres per hour.
D	Any vehicle in category D having a length of 9 metres and capable of a speed of 80 kilometres per hour.
D + E	A combination of a minimum test vehicle for category D and a trailer having a maximum authorised mass of 1,250 kilograms which is capable of a speed of 80 kilometres per hour.
F	Any vehicle in category F.
G	Any vehicle in category G.
H	Any vehicle in category H.
K	Any vehicle in category K.
P	Any vehicle in category P.

Further requirements at tests

34

• (1) No person shall submit himself for a theory test, practical test or unitary test unless he satisfies the residence requirement specified in section 89(1A) of the Traffic Act and where any question arises as to whether a person is normally resident in Great Britain or the United Kingdom (as the case may be) he shall be deemed to be normally resident there if he shows that he will have lived there for not less than 185 days during the period of 12 months ending on the day for which the test appointment is made.

• (2) A person submitting himself for a theory test shall—

• (a) before the test commences—

• (i) except in a case to which paragraph (5) applies, produce to the person conducting the test an appropriate licence authorising him to drive a motor vehicle of a class included in the category or sub-category in respect of which the test is to be taken,

• (ii) in the case of a person who produces an appropriate licence which does not contain his photograph, produce to the person conducting the test one of the documents listed in Schedule 6 as evidence of his identity, and

• (iii) sign a record of his attendance at the test;

• (b) during the test comply with all reasonable instructions given by the invigilator for the purpose of ensuring the proper and orderly conduct of the test.

• (3) A person submitting himself for a practical test on a motor vehicle of a class included in any category shall, except in a case where—

• (a) he has made an election in accordance with regulation 38(2),

• (b) he is exempt from the requirement to pass a theory test by virtue of regulation 39, or

• (c) by virtue of regulation 36(3), no theory test is prescribed for that class,

produce to the person conducting the test before the test commences a valid certificate furnished under regulation 44(2)(a) showing that he has passed the theory test prescribed in respect of the same category or a valid certificate corresponding to such a certificate furnished under the law of Northern Ireland.

• (4) A person submitting himself for a practical or unitary test shall, before the test commences—

• (a) except in a case to which paragraph (5) applies, produce to the person conducting the test an appropriate licence authorising him to drive a motor vehicle of the class on which the test is to be taken,

• (b) in the case of a person who produces an appropriate licence which does not contain his photograph, produce to the person conducting the test one of the documents listed in Schedule 6 as evidence of his identity, and

• (c) sign, on the Driving Test Report Form produced to him by the person conducting the test, a declaration to the effect that there is in force, in relation to the use of the vehicle provided for the purposes of the test, a policy of insurance which complies with the requirements of Part VI of the Traffic Act.

• (5) In the case of an applicant who is a full time member of the armed forces of the Crown (to whom the provisions of regulation 9(2) do not apply), he shall before the commencement of a theory test or, as the case may be, a practical or unitary test prescribed in respect of a category specified in column (1) of the table at the end of regulation 9 satisfy the examiner that he has passed the test prescribed in respect of the category specified in column (2) of the table in relation to the first category.

• (6) A person submitting himself for a practical test for a licence authorising the driving of a motor vehicle of a class included in category A or P shall before the test commences, unless he is exempt from the requirement imposed by section 89(2A) of the Traffic Act, produce to the examiner a valid certificate furnished under regulation 63(1).

• (7) A person submitting himself for a practical or a unitary test shall, during the test—

• (a) except where the test is for a licence authorising him to drive a motor vehicle of a class included in category A, G, H or P or a motor vehicle in sub-category B1 or B1 (invalid carriages) which has no seat other than the driver’s seat, allow to travel in the vehicle—

• (i) the person authorised to conduct the test; and

• (ii) any person authorised by the licensing authority to attend the test for the purpose of supervising it or otherwise;

• (b) where the test is for a licence authorising him to drive a motor vehicle of a class included in category A, G, H or P or a motor vehicle in sub-category B1 or B1 (invalid carriages) which has no seat other than the driver’s seat, allow the attendance of—

• (i) the person authorised to conduct the test; and

• (ii) any person authorised by the licensing authority for the purpose of supervising the test or otherwise.

• (8) In this regulation and regulation 35—

• “appropriate licence” means a licence, other than an excepted provisional licence, which— is valid at the date of the test, bears the signature of the person who has submitted himself for the test, and is either— a provisional licence authorising the person submitting himself for the test to drive motor vehicles of the same class as the vehicle which he has provided for the test, or a full licence which by virtue of section 98(2) of the Traffic Act and regulation 17, authorises that person to drive motor vehicles of that class subject to the same conditions as if he were so authorised by a provisional licence, or a Northern Ireland licence corresponding to either of those licences.

• “excepted provisional licence” means a licence which— was in force at a time before 1st January 1997, and is issued as a provisional licence in respect of motor vehicles of a class included (by virtue of these Regulations) in category C + E or D + E or sub-categories C1, D1 (not for hire or reward), D1 + E (not for hire or reward) and C1 + E (8.25 tonnes), but does not include a licence which was granted to a person to whom the provisions of regulation 9(1) do not apply by virtue of paragraph (2) of that regulation.

Examiner’s right to refuse to conduct test

35

• (1) Subject to paragraphs (2) and (3), where a person submitting himself for—

• (a) a theory test fails to satisfy the person authorised to conduct it that he has complied with any requirement imposed by regulation 34(2), or

• (b) a practical or unitary test fails to satisfy the person authorised to conduct it that he has complied with any requirement imposed by regulation 33(2) or (3) or regulation 34(3), (4), (5) or (6)

the person authorised to conduct the test must refuse to do so.

• (2) Where a person who has submitted himself for—

• (a) a practical test fails to produce a document required to be produced under regulation 34(3) or (6), or

• (b) a practical or unitary test fails to produce an appropriate licence as required under regulation 34(4)(a),

if the person authorised to conduct the test is satisfied from other evidence that the document in question exists he may conduct the test.

• (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.

• (4) Where a person who requires the assistance of an interpreter at the theory test attends at the test with an interpreter who is—

• (a) not approved by the licensing authority to act as such, or

• (b) with whom the test candidate is acquainted,

the person authorised to conduct the test must refuse to do so.

• (5) In this regulation, “special needs” means a reasonable requirement for special treatment during the test arising by virtue of—

• (a) the test not being available in a language which the test candidate understands,

• (b) the test candidate having reading difficulties, or

• (c) the test candidate being physically disabled.

Nature and conduct of tests

Nature of tests other than extended tests

36

• (1) This regulation applies to tests other than extended driving tests.

• (2) Subject to regulation 39, the test for a licence authorising the driving of a motor vehicle of a class included in category A, B, C, D, or P shall be conducted in two parts, namely—

• (a) a theoretical test, and

• (b) a practical test of driving skills and behaviour,

and a person taking such a test must pass both parts.

• (3) The test for a licence authorising the driving of a motor vehicle of a class included in category B + E, C + E and D + E—

• (a) in a case where the test is for a licence authorising the driving of vehicles in sub-category C1 + E and the applicant is the holder of a full licence which was in force at a time before 1st January 1997 and authorises the driving of motor vehicles included in sub-category C1 but not the driving of any other vehicles included in category C, shall consist of the theory test prescribed in respect of category C and the practical test prescribed in respect of category C + E, and

• (b) in any other case, shall consist of a practical test only.

• (4) A person shall be treated as having passed—

• (a) the theory test if he satisfies the person conducting it that he has a knowledge and sound understanding of the specified matters;

• (b) the practical test if he satisfies the person conducting it of his ability to drive safely and to comply with the specified requirements.

• (5) The test for a licence authorising the driving of a motor vehicle of a class included in category F, G, H or K shall be a unitary test and a person taking such a test shall be treated as having passed it if he satisfies the person conducting it that he is—

• (a) generally competent to drive a vehicle of that class without danger to, and with due consideration for, other road users,

• (b) fully conversant with the Highway Code, and

• (c) able to comply with the specified requirements.

• (6) The practical test and the unitary test shall each be conducted so that—

• (a) the person taking the test drives, wherever possible, both on roads outside built-up areas and on urban roads, and

• (b) the time during which that person is required to drive on roads is—

• (i) in the case of a test for a licence authorising the driving of a class of vehicle included in category B + E, C, C + E, D or D + E, not less than 50 minutes;

• (ii) in the case of any other test, not less than 25 minutes.

• (7) The theory test shall—

• (a) be conducted as a written examination consisting of—

• (i) 25 questions in the case of the tests prescribed in respect of categories C and D, and

• (ii) 35 questions in any other case,

the questions being in either a multiple choice or multiple response form and testing a candidate on the specified matters in accordance with Schedule 7;

• (b) have a duration of 40 minutes or, in the circumstances specified in paragraph (8), 80 minutes.

• (8) The circumstances referred to in paragraph (7) are that the candidate requires the assistance of a suitably qualified person at the test by virtue of having reading difficulties.

• (9) The specified matters for a theory test for a licence authorising the driving of a motor vehicle of a class included in a category shown in column (1) of the table at the end of this regulation are the matters specified in relation to that category in column (2) of the table.

• (10) The specified requirements for a practical or unitary test for a licence authorising the driving of a motor vehicle of a class included in a category shown in column (1) of the table are the requirements specified in relation to that category in column (3) of the table.

(1) Category	(2) Specified matters	(3) Specified requirements
A	Matters specified in Part 1 of Schedule 7.	Requirements specified in Part 1 of Schedule 8.
B	Matters specified in Part 2 of Schedule 7.	Requirements specified in Part 2 of Schedule 8.
B + E	—	Requirements specified in Part 2 of Schedule 8.
C	Matters specified in Part 3 of Schedule 7.	Requirements specified in Part 3 of Schedule 8.
D	Matters specified in Part 4 of Schedule 7.	Requirements specified in Part 4 of Schedule 8.
C + E	—	Requirements specified in Part 3 of Schedule 8.
D + E	—	Requirements specified in Part 4 of Schedule 8.
F	—	Requirements specified in Parts 5 and 6 of Schedule 8.
G	—	Requirements specified in Parts 5 and 6 of Schedule 8.
H	—	Requirements specified in Parts 5 and 7 of Schedule 8.
K	—	Requirements specified in Part 5 of Schedule 8.
P	Matters specified in Part 1 of Schedule 7.	Requirements specified in Part 1 of Schedule 8.

Nature of extended driving tests

37

• (1) Where a person is disqualified by order of a court under section 36 of the Offenders Act until he passes an extended driving test, the test which he must pass is a test conducted in accordance with paragraphs (2) to (10) of regulation 36 as modified by virtue of paragraph (2) of this regulation.

• (2) For the purpose of an extended driving test, regulation 36 shall apply as if for paragraph (5)(b) there were substituted—

(b) the time during which that person is required to drive on roads is not less than 60 minutes;

Order of test

38

• (1) Where a test is required to be conducted in two parts, unless he makes an election in accordance with paragraph (2), a person taking the test—

• (a) must pass the theory test before he takes the practical test, and

• (b) shall not be entitled to apply for an appointment (or, as the case may be, be nominated pursuant to regulation 25(4) or 26(4)) for a practical test in respect of a motor vehicle of a class included in any category until he has been furnished with—

• (i) a certificate under regulation 44(2)(a) stating that he has passed the relevant theory test, or

• (ii) a certificate corresponding to such a certificate furnished under the law of Northern Ireland stating that he has during the relevant period passed the theory test in respect of the same category.

• (2) A person may elect to apply for a practical test for a licence authorising the driving of a motor vehicle of any class, other than motor bicycles which are large motor bicycles or fall within sub-category A1, before he has been furnished with such certificate as is referred to in paragraph (1)(b) if the application is for an appointment for a test to be taken on or before—

• (a) 31st December 1996, in the case of a test for a licence authorising the driving of motor vehicles of any other class included in category A, B or P

• (b) 30th June 1997 in the case of a test for a licence authorising the driving of motor vehicles of a class included in any other category,

and where he passes that practical test on or before that date the following paragraphs shall apply.

• (3) He may not submit the certificate furnished under regulation 45(2) in respect of that practical test, in support of an application for a licence, as evidence that he has passed a test unless it is accompanied by—

• (a) a certificate furnished under regulation 44(2) stating that he has, during the relevant period, passed the relevant theory test; or

• (b) a certificate corresponding to such a certificate furnished under the law of Northern Ireland stating that he has during the relevant period passed the theory test in respect of the same category.

• (4) If he does not pass the relevant theory test during the relevant period, the passing of the practical test shall from the expiration of that period be disregarded for the purposes of regulations 15(10), 36 and 37.

• (5) In this regulation

• “the relevant theory test” means the theory test prescribed in respect of the category which includes the class of motor vehicle on which the practical test was taken;

• “the relevant period” means the period commencing with the date on which the practical test is passed and ending on the date— which falls 6 months later, or on which the person who took the practical test is disqualified by order of a court under section 36 of the Offenders Act until he passes the appropriate driving test, whichever is the earlier.

Exemption from theory test

39

• (1) A person is exempt from the requirement to pass a theory test for the purpose of obtaining a licence authorising him to drive a motor vehicle of a class included in category A if—

• (a) on or after 1st July 1996, he has passed the test prescribed in respect of category P;

• (b) on or after 1st January 1997, he has passed a test prescribed in respect of motor vehicles of another class included in category A;

• (c) he has passed a test prescribed in respect of category B and is a full-time member of the armed forces of the Crown;

• (d) he holds a full licence authorising the driving of motor vehicles of a class included in category B;

• (e) he has passed a Northern Ireland test of competence or is the holder of a Northern Ireland licence corresponding to any of those tests or that licence.

• (2) A person is exempt from the requirement to pass a theory test for the purpose of obtaining a licence authorising him to drive a motor vehicle of a class included in category B if—

• (a) on or after 1st July 1996, he has passed the test prescribed in respect of category P;

• (b) he has passed a test prescribed in respect of motor vehicles of another class included in category B;

• (c) he has passed a test prescribed in respect of motor vehicles of a class included in category A and is a full-time member of the armed forces of the Crown;

• (d) he holds a full licence authorising the driving of motor vehicles of a class included in category A;

• (e) he has passed a Northern Ireland test of competence or is the holder of a Northern Ireland licence corresponding to any of those tests or that licence.

• (3) A person is exempt from the requirement to pass a theory test for the purpose of obtaining a licence authorising him to drive a motor vehicle of a class included in category C if—

• (a) on or after 1st January 1997, he has passed a test prescribed in respect of motor vehicles of another class included in category C;

• (b) he holds a full licence authorising the driving of motor vehicles of another class included in category C, other than a licence authorising the driving only of vehicles of a class included in sub-category C1 which was in force at a time before 1st January 1997;

• (c) he has passed a Northern Ireland test of competence corresponding to that test or is the holder of a Northern Ireland licence corresponding to that licence.

• (4) A person is exempt from the requirement to pass a theory test for the purpose of obtaining a licence authorising him to drive a motor vehicle of a class included in category D if—

• (a) on or after 1st January 1997, he has passed a test prescribed in respect of motor vehicles of another class included in category D;

• (b) he holds a full licence authorising the driving of motor vehicles of another class included in category D other than—

• (i) vehicles of a class included in sub-category D1 (not for hire or reward), and

• (ii) vehicles in category D which are driven otherwise than for hire or reward;

• (c) he has passed a Northern Ireland test of competence corresponding to that test or is the holder of a Northern Ireland licence corresponding to that licence.

• (5) Where a person is disqualified by order of a court under section 36 of the Offenders Act until he passes the appropriate driving test, he shall not be exempt from the requirement to pass a theory test in respect of any class of motor vehicle by virtue of the foregoing provisions of this regulation until the day following the date on which the disqualification is deemed to have expired in relation to that class.

• (6) Where the Secretary of State has revoked a person’s licence or test certificate under section 3 of, or Schedule 1 to, the Road Traffic (New Drivers) Act 1995[^f00038] he shall not be exempt from the requirement to pass a theory test in respect of any class of motor vehicle by virtue of the foregoing provisions of this regulation until the day following the date on which he passes a relevant driving test within the meaning of section 4(2) of, or paragraph 6 or 9 of Schedule 1 to, that Act.

Entitlements upon passing test

Entitlement upon passing a test other than an appropriate driving test

40

• (1) Where a person passes a test prescribed in respect of a class of motor vehicle included in any category or sub-category (or a Northern Ireland test of competence corresponding to that test) the licensing authority sghall grant to him a licence in accvordance with paragraphs (2), (3) and (4).

• (2) Subject to regulation 41, the licence shall authorise the driving of all classes of motor vehicle included in that category or sub-category unless—

• (a) the test or, as the case may be, the practical test is passed on a motor vehicle with automatic transmission, in which case it shall authorise the driving only of such classes of vehicle included in that category or sub-category as have automatic transmission;

• (b) the practical test is passed on an invalid carriage, in which case it shall authorise the driving only of invalid carriages;

• (c) the test or, as the case may be, the practical test is passed on a motor vehicle which is adapted on account of a disability of the person taking the test in which case it shall authorise the driving only of such classes of vehicle included in that category or sub-category as are so adapted (and for the purposes of this paragraph, a motor bicycle with a side-car may be treated in an appropriate case as a motor vehicle adapted on account of a disability)

• (3) The licence shall in addition authorise the driving of all classes of motor vehicle included in a category or sub-category which is specifiied in column (3) of Schedule 2 as in additional category or sub-category in relation to a category or sub-category specified in column (1) of that Schedule unless—

• (a) the test or, as the case may be, the practical test is passed on a motor vehicle with automatic transmission, in which case it shall authorise the driving only of such classes of vehicle included in the additional category or sub-category as have automatic transmission;

• (b) the practical test is passed on an invalid carriage, in which case it shall authorise the driving only of invalid carriages;

• (c) the test or, as the case may be, the practical test is passed on a motor vehicle which is adapted on account of a disability of the person taking the test in which case it shall authorise the driving only of such classes of vehicle included in the additional category or sub-category as are so adapted.

Entitlement upon passing a test other than an appropriate driving test: category A

41

• (1) This regulation applies where—

• (a) a person passes a test (or a Northern Ireland test of competence corresponding to such a test) for a licence authorising the driving of motor bicycles of any class other than a class included in sub-category A1, and

• (b) the practical test is passed on or after 1st January 1997.

• (2) Where this regulation applies the licensing authority shall grant to the person who passed the test—

• (a) in a case where he has passed the practical test (or the Northern Ireland test of competence corresponding to the practical test) on a motor bicycle without a side-car the engine of which has a maximum net power output of not less than 35 kilowatts, a licence authorising him to drive all classes of motor vehicle included in category A;

• (b) subject to paragraph (3), in a case where the practical test (or the Northern Ireland test of competence corresponding to the practical test) was passed on any other motor bicycle without a side-car, a licence authorising him to drive standard motor bicycles;

• (c) in a case where he has passed the practical test (or the Northern Ireland test of competence corresponding to the practical test) on a motor bicycle and side-car combination and the engine of the bicycle has a maximum net power output of not less than 35 kilowatts, a licence authorising him to drive all classes of motor bicycle and side-car combinations included in category A;

• (d) subject to paragraph (4), in a case where the practical test (or the Northern Ireland test of competence corresponding to the practical test) was passed on a motor bicycle and a side-car combination the power to weight ratio of which does not exceed 0.16 kw/kg. but which does not fall within paragraph (c), a licence authorising him to drive standard motor bicycles and side-car combinations.

• (3) A licence granted to a person by virtue of paragraph (2)(b) shall authorise him to drive all classes of motor vehicle included in category A upon the expiration of the standard access period.

• (4) A licence granted to a person by virtue of paragraph (2)(d) shall authorise him to drive all classes of motor bicycle and side-car combinations included in category A upon the expiration of the standard access period.

Upgrading of entitlements by virtue of passing second test

42

• (1) A person who has passed tests prescribed in respect of—

• (a) category D or sub-category D1 as specified in column (1) of Table A in Schedule 9, and

• (b) category C + E or sub-category C1 + E as respectively specified at the top of columns (2) and (3) of Table A,

is deemed, subject to paragraph (2), competent to drive (in addition to the classes of motor vehicle in respect of which the tests were passed) vehicles included in the category or sub-category shown in column (2) or (3) of Table A in relation to the relevant test pass in column (1).

• (2) Where, in a case to which paragraph (1) applies, each practical test is passed on a vehicle having automatic transmission the person passing the tests is deemed competent to drive only such classes of vehicle in the upgrade category as have automatic transmission.

• (3) A person who has passed a test prescribed in respect of—

• (a) a category or sub-category specified in column (A) of Table B in Schedule 9 which authorises the driving only of classes of vehicle having automatic transmission, and

• (b) a category or sub-category specified at the top of one of the columns in that table numbered (1) to (8), which authorises the driving of vehicles with manual transmission,

is deemed, subject to paragraph (7), competent to drive (in addition to the classes of vehicle in respect of which the tests were passed) all vehicles included in the category or sub-category shown in the relevant numbered column in relation to the relevant test pass mentioned in column (A).

• (4) In the case of a person who has passed a test for a licence authorising the driving of any class of vehicles in category D not more than 5.5 metres in length, Tables A and B shall be read as if—

• (a) for “D” there were substituted “vehicles in category D not more than 5.5 metres in length”, and

• (b) for “D + E” there were substituted “vehicles in category D + E where the tractor vehicle is not more than 5.5 metres in length”,

in each case where those expressions occur.

• (5) In the case of a person who holds a licence which, by virtue of these Regulations, authorises the driving of a class of vehicles in category D otherwise than for hire or reward (notwithstanding that he may not have passed a test authorising the driving of such vehicles), Tables A and B shall be read as if—

• (a) for “D” there were substituted “vehicles in category D, driven otherwise than for hire or reward”, and

• (b) for “D + E” there were substituted “vehicles in category D + E driven otherwise than for hire or reward”,

• (6) In the case of a person who has passed a test for a licence authorising the driving of vehicles in category C + E which are drawbar trailer combinations, Tables A and B shall be read as if, in the relevant columns of those tables—

• (a) for “C + E” there were substituted “vehicles in category C + E which are drawbar trailer combinations”, and

• (b) for “C1 + E” there were substituted “vehicles in sub-category C1 + E which are drawbar trailer combinations”.

• (7) Where, in Table B, the upgrade category is qualified by the expression “(a)”, the person is deemed competent to drive only such classes of vehicle therein as have automatic transmission.

• (8) Where a person has passed a test prescribed in respect of category B + E which authorises the driving only of classes of vehicle having automatic transmission and a test prescribed in respect of any class of vehicle in category B, C or D which authorises the driving of vehicles with manual transmission, he is deemed competent to drive vehicles in category B + E with manual transmission.

• (9) Where a person who—

• (a) has passed a test prescribed in respect of category B, or

• (b) is the holder of a licence, which was in force at a time before 1st January 1997, authorising the driving of motor vehicles of classes included in categories B and B + E and sub-categories C1, C1 + E (8.25 tonnes), D1 (not for hire or reward) and D1 + E (not for hire or reward),

which is limited to classes of vehicle having automatic transmission, passes a test prescribed in respect of category B + E, C or D which authorises the driving of vehicles with manual transmission, he is deemed competent to drive vehicles in category B and B + E (and, in the case mentioned in sub-paragraph (b), vehicles in sub-categories C1, C1 + E (8.25 tonnes), D1 (not for hire or reward) and D1 + E (not for hire or reward)) which have manual transmission.

• (10) In this regulation—

• (a) “upgrade category” means the additional category or sub-category which the person passing the tests (or holding the licence and passing the test) is deemed competent to drive by virtue of the relevant provision of this regulation, and

• (b) a reference to a test or a practical test includes, as the case may be, a reference to a Northern Ireland test of competence or a Northern Ireland practical test corresponding thereto.

Entitlement upon passing an appropriate driving test

43

• (1) Where a person—

• (a) is disqualified by order of a court under section 36 of the Offenders Act until he passes the appropriate driving test, and

• (b) passes the appropriate driving test prescribed in respect of a class of motor vehicles included in any category or sub-category,

the disqualification shall, subject to paragraph (6), be deemed to have expired in relation to that class and such other classes of motor vehicles as are specified in paragraphs (2), (3), (4) and (5).

• (2) Subject to paragraph (4), the disqualification shall be deemed to have expired in relation to all classes of vehicle included in the category or sub-category referred to in paragraph (1)(b) unless—

• (a) the test or, as the case may be, the practical test is passed on a motor vehicle with automatic transmission, in which case the disqualification shall be deemed to have expired only in relation to such classes of vehicle included in that category or sub-category as have automatic transmission;

• (b) the practical test is passed on an invalid carriage, in which case the disqualification shall be deemed to have expired in relation only to invalid carriages;

• (c) the test or, as the case may be, the practical test is passed on a motor vehicle which is adapted on account of a disability of the person taking the test, in which case the disqualification shall be deemed to have expired only in relation to such classes of motor vehicle included in that category or sub-category as are so adapted (and for the purposes of this paragraph, a motor bicycle with a side-car may be treated in an appropriate case as a motor vehicle adapted on account of a disability).

• (3) The disqualification shall be deemed to have expired in relation to all classes of vehicle included in any other category which is specified in column (3) of Schedule 2 as being an additional category or sub-category in relation to that category or sub-category unless—

• (a) the test or, as the case may be, the practical test is passed on a vehicle with automatic transmission, in which case the disqualification shall be deemed to have expired only in relation to such classes of motor vehicle included in the additional category or sub-category as have automatic transmission;

• (b) the practical test is passed on an invalid carriage, in which case the disqualification shall be deemed to have expired only in relation to invalid carriages;

• (c) the test or, as the case may be, the practical test, is passed on a vehicle which is adapted on account of a disability of the person taking the test, in which case the disqualification shall be deemed to have expired only in relation to such classes of motor vehicle included in the additional category or sub-category as are so adapted.

• (4) Where, at the date on which a person is disqualified—

• (a) he holds a licence which was granted pursuant to regulation 41(2)(b) or (d), and

• (b) the standard access period has not expired,

the disqualification shall not, by virtue of paragraph (2), be deemed to have expired—

• (i) in a case to which regulation 41(2)(b) applies, in relation to large motor bicycles, or

• (ii) in a case to which regulation 41(2)(d) applies, in relation to large motor bicycle and side-car combinations,

until the standard access period has expired.

• (5) Where the person who is disqualified passes the practical test on a vehicle of a class included in category B the disqualification shall be deemed to have expired additionally in relation to all classes of vehicle included in—

• (a) categories B + E, C, C + E, D and D + E, unless that test is passed on a vehicle with automatic transmission, in which case the disqualification shall be deemed to have expired only in relation to such classes of motor vehicle included in those categories as have automatic transmission, and

• (b) categories F, G, H, K, L and P.

• (6) Where a person is, pursuant to regulation 53, disqualified by the licensing authority until he passes a driving test prescribed in respect of a class of large goods or passenger-carrying vehicle, the disqualification shall not be deemed to have expired in relation to any class of large goods or passenger-carrying vehicle until he passes that test.

Test results

Evidence of result of theory test

44

• (1) A person conducting a theory test shall, as soon as practicable after its completion, arrange for the test paper returned by a test candidate to be marked for the purpose of ascertaining whether the candidate has demonstrated a knowledge and sound understanding of the specified matters in accordance with these Regulations.

• (2) A person conducting the theory test shall furnish—

• (a) a person who passes the test with a certificate (a “pass certificate”) in the form set out in Part 1 of Schedule 10;

• (b) a person who fails to pass the test with a statement (a “failure statement”) in the form set out in part 2 of Schedule 10.

• (3) Where a person who has conducted a theory test is satisfied that a pass certificate or a failure statement has been furnished in error to a person who took a theory test, he shall, upon receipt of that document from the person who took the test and subject to paragraph (4), furnish that person with a correct certificate or statement, as the case may be.

• (4) Where the person who took the test alleges that a failure statement has been furnished in error returns the statement not later than 14 days after it was sent to him to the person who conducted the test with a request in writing that the paper be remarked, the person who conducted the test shall comply with that request for the purpose of ascertaining whether an error has been made but subject thereto he shall not be obliged to remark any paper.

• (5) A pass certificate issued in error may not be presented, in support of an application for a licence, as evidence that a person has passed the test mentioned in such certificate.

• (6) A pass certificate shall be valid for the purposes of regulation 34(3) for a period commencing on the date on which the test was taken and ending—

• (a) two years later, or

• (b) on the date on which the person to whom the certificate was given is disqualified by order of a court under section 36 of the Offenders Act until he passes the appropriate driving test,

whichever is the earlier.

• (7) A pass certificate is invalid if the person to whom it is issued is at that time ineligible, by virtue of an enactment contained in the Traffic Act or these Regulations, to take the test to which the certificate relates.

• (8) A person authorised to conduct theory tests by virtue of paragraphs (b) to (e) of regulation 22(1) shall issue pass certificates using forms supplied by the licensing authority who may make a charge of £5.00 per form.

Evidence of the result of practical or unitary test

45

• (1) Subject to paragraph (2), a person conducting a practical or unitary test shall furnish—

• (a) a person who passes the test with a certificate in the form set out in Part 1 of Schedule 11;

• (b) a person who fails to pass the test with a statement in the form set out in Part 2 of Schedule 11.

• (2) Where, by virtue of regulation 38(2), a person—

• (a) elects to apply for an appointment for a practical test before being furnished with a certificate stating that he has passed a theory test, and

• (b) passes that practical test taken on that appointment,

the person conducting the practical test shall furnish that person with a certificate in the form set out in Part 3 of Schedule 11.

• (3) Where the person who took the practical test has produced a valid theory test pass certificate in accordance with regulation 34(3), he shall surrender that certificate to the person conducting the test upon receipt of the certificate furnished under paragraph (1)(a).

• (4) A certificate issued—

• (a) under paragraph (1)(a) or (2) is invalid if the person to whom it is issued is at that time ineligible, by virtue of an enactment contained in the Traffic Act or these Regulations, to take the test to which the certificate relates;

• (b) under paragraph (1)(a) is invalid if, at the time when it is issued, the theory test pass certificate produced to the person conducting the test in accordance with regulation 34(3) is invalid by virtue of regulation 44(7).

• (5) A person authorised to conduct practical or unitary tests by virtue of paragraphs (b), (c), (d), (f) or (g) of regulation 21(1) or regulation 21(2)(b) shall issue pass certificates using forms supplied by the licensing authority.

PART IV — GOODS AND PASSENGER-CARRYING VEHICLES

General

Part III of the Traffic Act: prescribed classes of goods and passenger-carrying vehicle

46

• (1) All classes of motor vehicle included in categories C, C + E, D and D + E, except vehicles of classes included in sub-categories C1, C1 + E (8.25 tonnes), D1 (not for hire or reward) and D1 + E (not for hire or reward), are prescribed for the purposes of section 89A(5) of the Traffic Act.

• (2) Subject to paragraph (3), all classes of motor vehicle included in categories C, C + E, D and D + E, except vehicles of classes included in sub-categories C1 + E (8.25 tonnes), D1 (not for hire or reward) and D1 + E (not for hire or reward), are prescribed for the purposes of section 99(1) and (1A) of the Traffic Act.

• (3) In the case of a licence in force at a time before 1st January 1997, paragraph (2) above shall apply as if “C1” was inserted after “sub-categories”.

• (4) All classes of motor vehicle included in categories C, C + E, D and D + E, except vehicles of classes included in sub-categories C1 + E (8.25 tonnes), D1 (not for hire or reward) and D1 + E (not for hire or reward), are prescribed for the purposes of section 99A(3) and (4) of the Traffic Act.

Part IV of the Traffic Act: prescribed classes of large goods and passenger-carrying vehicle

47

• (1) Part IV of the Traffic Act and regulations 51 to 54 shall not apply to large goods vehicles—

• (a) of a class included in category F, G or H or sub-category C1 + E (8.25 tonnes), or

• (b) which are exempted goods vehicles or exempted military vehicles.

• (2) Part IV of the Traffic Act and regulations 51 to 54 shall not apply to—

• (a) any passenger-carrying vehicle manufactured more than 30 years before the date when it is driven and not used for hire or reward or for the carriage of more than 8 passengers;

• (b) a passenger-carrying vehicle driven by a constable for the purpose of removing or avoiding obstruction to other road users or other members of the public, for the purpose of protecting life or property (including the passenger-carrying vehicle and its passengers) or for other similar purposes.

• (3) All classes of large goods and passenger-carrying vehicle to which Part IV of the Traffic Act applies are prescribed for the purposes of section 117(7) of the Traffic Act.

Exempted goods vehicles and military vehicles

48

• (1) For the purposes of this Part of these Regulations, an exempted goods vehicle is a vehicle falling within any of the following classes—

• (a) a vehicle propelled by steam;

• (b) any road construction vehicle used or kept on the road solely for the conveyance of built-in road construction machinery (with or without articles or materials used for the purpose of that machinery);

• (c) any engineering plant other than a mobile crane;

• (d) a works truck;

• (e) an industrial tractor;

• (f) an agricultural motor vehicle which is not an agricultural or forestry tractor;

• (g) a digging machine;

• (h) any vehicle which is not used on public roads or, if it is so used during any calendar week—

• (i) is used only in passing from land in the occupation of a person keeping the vehicle to other land in the occupation of that person, and

• (ii) is not used on public roads for distances exceeding an aggregate of six miles in that calendar week;

• (j) any vehicle, other than an agricultural motor vehicle, which—

• (i) is used only for purposes relating to agriculture, horticulture or forestry,

• (ii) is used on public roads only in passing between different areas of land occupied by the same person, and

• (iii) in passing between any two such areas does not travel a distance exceeding 1.5 kilometres on public roads;

• (k) a vehicle used for no other purpose than the haulage of lifeboats and the conveyance of the necessary gear of the lifeboats which are being hauled;

• (l) a vehicle manufactured before 1st January 1960, used unladen and not drawing a laden trailer;

• (m) an articulated goods vehicle the unladen weight of which does not exceed 3.05 tonnes;

• (n) a vehicle in the service of a visiting force or headquarters as defined in the Visiting Forces and International Headquarters (Application of Law) Order 1965;

• (o) any vehicle driven by a constable for the purpose of removing or avoiding obstruction to other road users or other members of the public, for the purpose of protecting life or property (including the large goods vehicle and its load) or for other similar purposes;

• (p) a vehicle fitted with apparatus designed for raising a disabled vehicle partly from the ground and for drawing a disabled vehicle when so raised (whether by partial superimposition or otherwise) being a vehicle which—

• (i) is used solely for dealing with disabled vehicles;

• (ii) is not used for the conveyance of any goods or load other than a disabled vehicle when so raised and water, fuel, accumulators and articles required for the operation of, or in connection with, such apparatus or otherwise for dealing with disabled vehicles; and

• (iii) has an unladen weight not exceeding 3.05 tonnes;

• (q) a passenger-carrying vehicle recovery vehicle; and

• (r) a mobile project vehicle.

• (2) For the purposes of this Part of these Regulations, an exempted military vehicle is a vehicle falling within any of the following classes—

• (a) a vehicle designed for fire fighting or fire salvage purposes which is the property of, or for the time being under the control of, the Secretary of State for Defence, when being driven by a member of the armed forces of the Crown;

• (b) a vehicle being driven by a member of the armed forces of the Crown in the course of urgent work of national importance in accordance with an order of the Defence Council in pursuance of the Defence (Armed Forces) Regulations 1939[^f00039] which were continued permanently in force, in the form set out in Part C of Schedule 2 to the Emergency Laws (Repeal) Act, 1959[^f00040], by section 2 of the Emergency Powers Act 1964[^f00041]; or

• (c) an armoured vehicle other than a track-laying vehicle which is the property of, or for the time being under the control of, the Secretary of State for Defence.

• (3) In this Regulation—

• “digging machine” has the same meaning as in paragraph 4(4) of Schedule 1 to the Vehicle Excise and Registration Act 1994;

• “agricultural motor vehicle”, “engineering plant”, “industrial tractor” and “works truck” have the same meaning as in regulation 3(2) of the Construction and Use Regulations;

• “public road”, “road construction vehicle” and “road construction machinery” have the same meanings respectively as in section 62(1) of the Vehicle Excise and Registration Act 1994.

Correspondences

49

• (1) For the purposes of section 89A(5) of the Traffic Act, a heavy goods vehicle or public service vehicle of a class specified in column (1) of the table at the end of this regulation corresponds to a class of large goods vehicle or passenger-carrying vehicle, as the case may be, specified in column (2) of that table in relation to the class of vehicle in column (1).

• (2) For the purposes of paragraph (1), where a heavy goods vehicle driver’s licence held before 1st April 1991 was restricted to vehicles having a permissible maximum weight not exceeding 10 tonnes by virtue of—

• (a) paragraph 3(3) and (5) of Schedule 2 to the Road Traffic (Drivers' Ages and Hours of Work) Act 1976[^f00042]; or

• (b) paragraph (1) or (2) of regulation 31 of the Heavy Goods Vehicles (Drivers' Licences) Regulations 1977[^f00043] before they ceased to have effect,

such restriction shall be disregarded.

(1) Class of heavy goods or public service vehicle	(2) Corresponding class of large goods or passenger-carrying vehicle
Heavy goods vehicles	Large goods vehicles
1	Categories C and C + E
1A	Categories C and C + E (limited, in each case, to vehicles with automatic transmission)
2	Category C and vehicles in category C + E which are drawbar trailer combinations
2A	Category C and vehicles in category C + E which are drawbar trailer combinations (limited, in each case, to vehicles with automatic transmission)
3	Category C and vehicles in category C + E which are drawbar trailer combinations
3A	Category C and vehicles in category C + E which are drawbar trailer combinations (limited, in each case, to vehicles with automatic transmission)
Public Service Vehicles	Passenger-carrying vehicles
1	Categories D and D + E
1A	Categories D and D + E (limited, in each case, to vehicles with automatic transmission)
2	Categories D and D + E
2A	Categories D and D + E (limited, in each case, to vehicles with automatic transmission)
3	Category D
3A	Category D (limited to vehicles with automatic transmission)
4	Sub-category D1 and vehicles in category D not more than 5.5 metres in length
4A	Sub-category D1 and vehicles in category D not more than 5.5 metres in length (limited, in each case, to vehicles with automatic transmission)

Part IV of the Traffic Act: dual purpose vehicles

50

• (1) Except in the case of a vehicle mentioned in paragraph (2), Part IV of the Traffic Act and regulations 51 to 54 shall apply to dual purpose vehicles to the extent that they apply to passenger-carrying vehicles.

• (2) Part IV of the Traffic Act and regulations 51 to 54 shall apply to any dual purpose vehicle which is—

• (a) adapted to carry not more than 24 persons in addition to the driver,

• (b) driven by a member of the armed forces of the Crown, and

• (c) used to carry passengers for naval, military or air force purposes,

to the extent that they apply to large goods vehicles.

Persons under the age of 21

Large goods vehicles drivers' licences issued to persons under the age of 21: trainee drivers

51

• (1) A large goods vehicle driver’s licence issued to a person under the age of 21 shall be subject to the following conditions, prescribed for the purposes of section 114(1) of the Traffic Act, namely that—

• (a) in the case of any LGV trainee driver’s licence, the holder shall not drive a large goods vehicle of any class in respect of which the licence is issued (or in respect of which it is treated as a provisional licence by virtue of section 98 of the Traffic Act) unless either—

• (i) he is a registered employee of a registered employer, and

• (ii) the vehicle is a large goods vehicle of a class to which his training agreement applies and is owned or operated by that registered employer or by a registered LGV driver training establishment,

or

• (b) in the case of a licence holder who is a part-time member of the armed forces of the Crown, that the vehicle is owned by the Secretary of State for Defence and used for naval, military or air force purposes.

• (2) An LGV trainee driver’s full licence is subject to the conditions that the holder—

• (a) is a registered employee of a registered employer,

• (b) shall drive only large goods vehicles of a class to which his training agreement applies and which are owned or operated by that registered employer or by a registered LGV driver training establishment, and

• (c) shall not drive a vehicle of any class if the vehicle is being used to draw a trailer, otherwise than under the supervision of a person who is present with him in the vehicle and who holds a full large goods vehicle driver’s licence authorising the driving of a vehicle of that class which is not an LGV trainee driver’s licence.

• (3) The holder of an LGV trainee driver’s full licence authorising the driving of a class of large goods vehicles included in category C may not drive large goods vehicles of a class included in category C + E as if he were authorised by a provisional licence to do so before the expiration of a period of two years commencing on the date on which he passed the test for a licence authorising the driving of vehicles of a class included in category C.

• (4) In this regulation—

• “LGV trainee driver’s licence” means a large goods vehicle driver’s licence which— is a licence to drive vehicles of a class included in category C or C + E, is granted to a person under the age of 21 on the date of the application, and is in force for a period during the whole or part of which the holder is under the age of 21;

• “registered”, in relation to an employee, employer or training establishment, means registered for the time being by the Training Committee in accordance with the Training Scheme;

• “training agreement”, in relation to an individual who is undergoing, or is to undergo, driver training under the Training Scheme, means the agreement between that individual and a registered employer;

• “the Training Committee” means the National Joint Training Committee for Young LGV Drivers in the Road Goods Transport Industry which is referred to in the Training Scheme;

• “the Training Scheme” means the Young Large Goods Vehicle (LGV) Drivers Training Scheme which has been established by the Road Haulage and Distribution Training Council and approved by the Secretary of State for the purpose of regulations under section 101(2) of the Traffic Act on 30th September 1996 for training young drivers of large goods vehicles.

Drivers' conduct

Obligatory revocation of large goods vehicle drivers' licences and disqualification on revocation

52

• (1) The prescribed circumstances for the purposes of section 115(1)(a) of the Traffic Act are that, in the case of the holder of a large goods vehicle driver’s licence who is under the age of 21, he has been convicted (or is to be treated as if he had been convicted) of an offence as a result of which—

• (a) the number of penalty points to be taken into account under section 29 of the Offenders Act exceeds three, or

• (b) his licence is treated as revoked under section 37(1) of that Act.

• (2) Where a large goods vehicle driver’s licence is revoked under section 115(1)(a) the cases in which the person whose licence has been revoked must be disqualified indefinitely or for a period, shall be determined by the licensing authority.

• (3) Where the licensing authority determines that a person whose licence has been revoked under section 115(1)(a) is to be disqualified for a period he shall be disqualified until he reaches 21 years of age or for such longer period as the licensing authority may determine.

Applicants for and holders of a licence who are disqualified by order of a court

53

• (1) Subject to paragraphs (2) to (4), where a person’s licence is treated as revoked by virtue of section 37(1) of the Offenders Act the licensing authority may—

• (a) order that person to be disqualified indefinitely or for such period as the licensing authority thinks fit under section 117(2)(a) of the Traffic Act; or

• (b) (except where the licence treated as revoked by virtue of section 37(1) is a provisional licence) if it appears to the licensing authority that, owing to the conduct of the person, it is expedient to require him to comply with the prescribed conditions applicable to provisional licences until he passes a test—

• (i) prescribed in respect of any category of motor vehicle which he was authorised to drive by that licence, and

• (ii) which, by virtue of these Regulations, he is at that time eligible to take,

order him to be disqualified for holding or obtaining a full licence until he passes such a test under section 117(2)(b) of the Act.

• (2) Where a person’s licence is treated as revoked by virtue of section 37(1) of the Offenders Act and the licensing authority would have been required to revoke that person’s large goods or passenger-carrying vehicle driver’s licence by virtue of section 115(1)(a) of the Traffic Act and regulation 52 had he not been disqualified by order of a court, the licensing authority must order that person to be disqualified indefinitely or for a period under section 117(1) of the Traffic Act.

• (3) The cases in which a person to whom paragraph (2) applies must be disqualified either indefinitely or for a period shall be determined by the licensing authority.

• (4) Where the licensing authority determines that a person to whom paragraph (2) applies is to be disqualified for a period that person shall be disqualified until he reaches 21 years of age or for such longer period as the licensing authority may determine.

Removal of disqualification

54

• (1) Subject to paragraph (2) and (3), the licensing authority may remove a disqualification for a period of more than two years under section 117(4) of the Traffic Act, after consultation with the traffic commissioner in a case which was referred to him, if an application for the removal of the disqualification is made after the expiration of whichever is relevant of the following periods commencing on the date of the disqualification—

• (a) two years, if the disqualification is for less than four years;

• (b) one half of the period of the disqualification, if it is for less than ten years, but not less than four years;

• (c) five years in any other case.

• (2) An application may not be made if the applicant has during the relevant period been convicted (or treated as convicted) of an offence by virtue of which he has incurred—

• (a) penalty points, or

• (b) an endorsement of a Northern Ireland driving licence held by him, or of its counterpart, with particulars of a conviction pursuant to provisions for the time being in force in Northern Ireland that correspond to sections 44 and 45 of the Offenders Act.

• (3) Where an application under paragraph (1) for the removal of a disqualification is refused, a further such application shall not be entertained if made within three months after the date of refusal.

PART V — APPROVED TRAINING COURSES FOR RIDERS OF MOTOR BICYCLES

Persons by whom approved training courses may be provided

55

• (1) Approved training courses for riders of motor bicycles may be provided—

• (a) by the licensing authority, in so far as concerns the instruction of persons in the service of the Crown under his department;

• (b) by the Secretary of State for Defence, in so far as concerns the instruction of persons in the service of the Crown under his department;

• (c) by any chief officer of police, in so far as concerns the instruction of—

• (i) members of a police force, or

• (ii) persons employed in the driving of motor vehicles for police purposes by a police authority or by the Receiver for the Metropolitan Police District; and

• (d) by any person approved for the purpose by the licensing authority.

• (2) A person may apply to the licensing authority to be approved to provide an approved training course for riders of motor bicycles under paragraph (1)(d), and the licensing authority may, if satisfied that—

• (a) proper arrangements will be made by the applicant for the conduct of the course in accordance with these Regulations; and

• (b) proper records of the course and results thereof will be kept by the applicant,

grant the application subject to any conditions which he thinks fit to impose.

• (3) A person authorised or approved to provide approved training courses under or by virtue of this regulation is referred to in this Part of these Regulations, as an “approved training body”.

Instructors

56

• (1) Subject to the following provisions of this regulation and to regulations 57 to 60, an approved training body may authorise motor bicycle instructors to conduct instruction on his behalf.

• (2) A person may not be authorised under paragraph (1) to act as a motor bicycle instructor unless—

• (a) he satisfies the conditions set out in sub-paragraphs (a), (b) and (c) of paragraph (3), in which case, on being authorised, he shall be a certified instructor; or

• (b) he satisfies the conditions set out in sub-paragraphs (a) and (c)(ii) of paragraph (3), in which case, on being authorised, he shall be an assistant instructor.

• (3) The conditions referred to in paragraph (2) are that—