Legalize / United Kingdom / Statutory-Instrument

The Motor Vehicles (Driving Licences) Regulations 1999

Type Statutory-Instrument

Publication 1999-10-19

Last updated 2026-08-08

State In force

Department Statute Law Database

Source legislation.gov.uk

PDF Download

articles Not indexed

Reform history JSON API

“motor bicycle instructor" means a person operating an establishment for providing instruction in the driving of vehicles included in categories AM or A, including an establishment which provides tuition to prepare persons for the theory test;

“motor car instructor” means a person operating an establishment for providing instruction in the driving of vehicles included in category B, including an establishment which provides tuition to prepare persons for the theory test;

“qualification award certificate” means a certificate which certifies that the person to whom it has been issued has been awarded the Safe Road User Award;

“relevant awarding authority” means a body which awards or authenticates relevant qualifications;

“relevant qualification” means an educational qualification in respect of which a safe road use test must be passed before the qualification can be awarded;

“relevant qualification certificate” means a certificate issued by a relevant awarding authority which certifies that the person to whom it has been issued has been awarded a relevant qualification;

“safe road use test” means an examination the content of which is set out in regulation 40B(ZA1);

“Safe Road User Award” means the qualification of that name which is awarded by the Scottish Qualifications Authority before 1st May 2010;

“working day" means (other than in regulation 35) a day other than a ... Sunday, bank holiday, Christmas Day or Good Friday (and “bank holiday" means a day to be observed as such under section 1 of and Schedule 1 to the Banking and Financial Dealings Act 1971).

Persons by whom safe road use test may be conducted

22A

(1) Subject to the provisions of this regulation, a safe road use test may only be conducted by—

(a) a person (including a relevant awarding authority) appointed in writing for that purpose by the Secretary of State; or

(b) a person or class of persons appointed by a relevant awarding authority for the purpose of testing persons taking a safe road use test as part of a relevant qualification.

(2) No relevant awarding authority shall be eligible to appoint any person or class of persons under paragraph (1)(b) unless, following an application made to the Secretary of State for the purpose of that paragraph, the Secretary of State is satisfied in relation to such an appointment that—

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

(b) proper records of the tests and the results of the tests will be kept by the authority,

and has granted approval in writing to the authority making the appointments, the approval to be subject to such conditions as the Secretary of State thinks fit to impose.

(3) An appointment made under paragraph (1)(a) may be made subject to such conditions as are, in the opinion of the Secretary of State, reasonably necessary in the general interests of candidates.

(4) The Secretary of State may vary any conditions imposed under paragraphs (2) or (3) by notice in writing given to the appointed person or to the relevant awarding authority in the case of an approval granted under paragraph (2).

(5) No person, or member of a class of persons appointed by virtue of paragraph (1)(b), may conduct tests unless the Secretary of State has approved the appointments in writing and such approval shall be granted only if the Secretary of State is satisfied that that person is, or the members of that class of persons are, capable of making a proper assessment of a candidate’s knowledge of the matters in Schedule 7 Part 2 other than the excepted matters.

22B

(1) The Secretary of State shall, on request, supply (by electronic or other means) a test set to any relevant awarding authority.

(2) In this regulation, a “test set” means a set of the information and materials necessary for the conduct of the safe road use test, for each person taking the test.

Appointment of persons to conduct tests

Persons by whom theory tests may be conducted

23

(1) Subject to paragraph (8A). A theory test other than a test conducted in the circumstances specified in paragraph (2) may be conducted by—

(a) a person appointed in writing by the Secretary of State—

(i) for the purpose of testing a class of persons specified in the instrument of appointment, or

(ii) where no class of persons is specified, for the purpose of testing persons generally;

(b) a person who, or a member of a class of persons which, has been appointed by the Secretary of State for Defence, for the purpose of testing members of the armed forces of the Crown and persons in the public service of the Crown under his department;

(i) members of a police force, and

(ii) persons employed by a police authority, local policing body or chief officer of police for the purpose of assisting a police force;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(da) in England, a person appointed by any fire and rescue authority for the purpose of testing employees of any fire and rescue authority;

(da) in England or Wales, a person appointed by any fire and rescue authority for the purpose of testing employees of any fire and rescue authority;

(db) in Scotland, a person appointed by any relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5)) the Scottish Fire and Rescue Service for the purpose of testing employees of any relevant authority that Service;

(dc) in England or Wales, a person appointed by any ambulance service NHS trust, or ambulance service NHS foundation trust, for the purpose of testing employees of any of those trusts;

(dd) in Scotland, a person appointed by the Scottish Ambulance Service Board, for the purpose of testing employees of that Board;

(de) a person who, or a member of a class of persons which—

(i) has been appointed to conduct theory tests under sub-paragraph (b) of paragraph (1), and

(ii) has the prior written approval of the Secretary of State for the purpose of testing employees of one or more emergency services;

(df) a person who—

(i) is appointed to conduct theory tests under any one of sub-paragraphs (c) to (dd) of paragraph (1), and

(ii) has the prior written approval of the Secretary of State for the purpose of testing either or both—

(aa) defence personnel;

(bb) employees of one or more other emergency services;

(e) an eligible person appointed by a company which—

(i) has been approved by the Secretary of State, and

(ii) is the holder of a PSV operator’s licence,

for the purpose of conducting, in respect of eligible candidates, theory tests in respect of any class of passenger-carrying vehicles, or

(f) an eligible person appointed by a company which—

(i) has been approved by the Secretary of State, and

(ii) is the holder of a goods vehicle operator’s licence,

for the purpose of conducting, in respect of eligible candidates, theory tests in respect of any class of goods vehicles.

(1A) The Secretary of State may grant approval under paragraph (1)(de)(ii) or (df)(ii) subject to such conditions as the Secretary of State thinks fit and may vary any such conditions by notice in writing given to the person to whom the approval was granted.

(2) Where the person submitting himself for a test is disqualified until he passes the appropriate driving test, a theory test shall be conducted by—

(a) a person appointed by the Secretary of State for the purpose;

(b) a person who, or a member of a class of persons which, has been appointed by the Secretary of State for Defence, for the purpose of testing members of the armed forces of the Crown and persons in the public service of the Crown under his department.

(3) No person shall be eligible to appoint any person or class of persons to conduct theory tests under the provisions of sub-paragraphs (b), (c), (da), (db), (dc), (dd), (e) or (f) of paragraph (1) or under paragraph (2)(b) unless, following an application made to him for the purpose of any of those sub-paragraphs, the Secretary of State is satisfied that—

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

(b) proper records of such tests and the results thereof will be kept by him or them,

and has granted his approval in writing, subject to such conditions as he thinks fit to impose.

(3A) The Secretary of State may vary any conditions imposed under paragraph (3) by notice in writing given to the person to whom the approval was granted.

(4) In the case of an application made by a chief officer of police for the purposes of sub-paragraph (c) of paragraph (1), the Secretary of State may grant his approval under paragraph (3) in respect of the testing of all the persons mentioned in that sub-paragraph or only in respect of the testing of the persons mentioned in paragraph (i) thereof.

(5) No person or class of persons may be appointed under the provisions of sub-paragraphs (b), (c), (da), (db), (dc), (dd), (e) or (f) of paragraph (1) or under paragraph (2)(b) unless the person making the appointment has appointed a person or class of persons to conduct manoeuvres tests or practical tests under the provisions of regulation 24(1) and the Secretary of State has approved that appointment.

(6) An appointment made under paragraph (1)(a)(ii) may be made subject to such conditions as are, in the opinion of the Secretary of State, reasonably necessary in the general interests of candidates and where an appointed person breaks such a condition the Secretary of State may appoint another person to carry out theory tests in substitution for that person notwithstanding that the first appointment has not been revoked.

(7) A person may not conduct a test prescribed in respect of any category or sub-category of motor vehicle unless he is expressly appointed for the purpose of conducting such a test.

(8) No person or member of a class of persons appointed by virtue of sub-paragraphs (b), (c), (da), (db), (dc), (dd), (e) or (f) of paragraph (1) or under paragraph (2)(b) may conduct tests unless the Secretary of State has given his approval in writing to the appointment and such approval shall be granted only if the Secretary of State is satisfied that the person (or, in the case of the appointment of a class of persons, each member of that class) is capable of making a proper assessment of a candidate’s knowledge and understanding of driving theory relating to the category or sub-category of vehicles in respect of which he is appointed to conduct tests.

(8A) The following persons may not conduct a theory test within the meaning of regulation 3A(1)(ab)—

(a) a person appointed under paragraph (1)(da), (db), (dc), (dd), (e) or (f);

(b) a person to whom paragraph 1(df) applies on grounds that included prior appointment under paragraph 1(da) to (dd).

(9) In this regulation and regulation 24—

“ambulance service NHS trust” or “ambulance service NHS foundation trust” means—in England, a National Health Service trust or NHS foundation trust established under the National Health Service Act 2006 which has a function of providing ambulance services;in Wales, a National Health Service trust established under the National Health Service (Wales) Act 2006 which has a function of providing ambulance services;

“chief officer of police", “police area" and “police authority" have in relation to England and Wales the meanings given in section 101(1) of the Police Act 1996 ;

“company" includes a body corporate;

“defence personnel” means members of the armed forces of the Crown and persons in the public service of the Crown under the department of the Secretary of State for Defence;

“eligible candidate" means— a person who is employed as a driver by the company which holds the PSV licence where paragraph (1)(e) applies, or the goods vehicle operator’s licence where paragraph (1)(f) applies, or by a sister company of that company which holds a licence of the same description, or; a person whom any such company as is mentioned in sub-paragraph (i) proposes to employ as a driver;

“eligible person” means a person employed by the company which holds the PSV licence where paragraph (1)(e) applies, or the goods vehicle operator’s licence where paragraph (1)(f) applies, or by a sister company of that company which holds a licence of the same description, or;

“emergency services” means—a police force, and a reference to employees of a police force includes a reference to members of the force and persons employed by a police authority, local policing body or chief officer of police for the purpose of assisting a police force;a fire and rescue authority;the Scottish Fire and Rescue Service;an ambulance service NHS Trust or ambulance service NHS Foundation Trust;the Scottish Ambulance Service Board;

and a company is a sister company of another if either is the holding company of the other or both are wholly-owned subsidiaries of a third within the meaning of section 736 of the Companies Act 1985 .

“goods vehicle operator’s licence” means the holder of an operator’s licence within the meaning of section 58(1) of the Goods Vehicles (Licensing of Operators) Act 1995.

23A

(1) The Secretary of State shall, on request, supply (by electronic or other means) a test set to any person who has appointed another person or class of persons to conduct theory tests under sub-paragraph (b), (c), (da), (db), (dc), (dd), (e) or (f) of regulation 23(1) or under regulation 23(2)(b).

(2) For each test set supplied under paragraph (1) in respect of a test which—

(a) is of the type specified in column (2) of an item in the table;

(b) relates to a vehicle falling within a category specified in column (3); and

the Secretary of State may make a charge of the amount specified in column (5).

(1) Item	(2)Type of test	(3)Vehicle category	(4)Time	(5)Charge £
1.	Any test	AM, A or B	Before 1st October 2014	18.50
2.	Any test	AM, A or B	On or after 1st October 2014	15
3.	Large vehicle test of driving theory	C or D	Before 1st October 2014	20
4.	Large vehicle test of driving theory	C or D	On or after 1st October 2014	12
5.	Large vehicle test of hazard perception	C or D	Any time	9

(3) The charge referred to in paragraph (2) is payable by the person who has appointed a person or class of persons to conduct the theory test for which a test set has been supplied.

(4) In this regulation, a “test set” means—

(a) in respect of a test falling within item 1 or 2 of the table in paragraph (2), a set of the information and materials necessary for the conduct of that test, including the film clips as described in regulation 40B, for each person taking the test; and

(b) in respect of a test falling within item 3, 4 or 5 of the table in paragraph (2), a set of theory test questions, in the case of the large vehicle test of driving theory or a set of film clips, in the case of the large vehicle test of hazard perception, the set of questions or clips each being as described in regulation 40B, for each person taking the test.

Persons by whom manoeuvres tests, large vehicle off road manoeuvres tests, practical tests and unitary tests may be conducted

24

(1) A manoeuvres test, large vehicle off road manoeuvres test, practical test or unitary test other than a test conducted in the circumstances specified in paragraph (2) or (2A) may, subject to the following provisions of this regulation, be conducted by—

(a) a person in the public service of the Crown appointed by the Secretary of State;

(b) a person who, or a member of a class of persons which, has been appointed by the Secretary of State for Defence, for the purpose of testing members of the armed forces of the Crown and persons in the public service of the Crown under his department;

(ca) in England, a person appointed by any fire and rescue authority for the purpose of testing employees of any fire and rescue authority;

(ca) in England or Wales, a person appointed by any fire and rescue authority for the purpose of testing employees of any fire and rescue authority;

(cb) in Scotland, a person appointed by any relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5)) the Scottish Fire and Rescue Service for the purpose of testing employees of any relevant authority that Service;

(cc) in England or Wales, a person appointed by any ambulance service NHS trust, or ambulance service NHS foundation trust, for the purpose of testing employees of any of those trusts;

(cd) in Scotland, a person appointed by the Scottish Ambulance Service Board for the purpose of testing employees of that Board;

(ce) a person who, or a member of a class of persons which, —

(i) has been appointed to conduct manoeuvres, practical or unitary tests under sub paragraph (b) of paragraph (1), and

(ii) has the prior written approval of the Secretary of State for the purpose of testing employees of one or more emergency services;

(cf) a person who—

(i) is appointed to conduct manoeuvres, practical or unitary tests under any one of sub paragraphs (ca) to (cd) or (d) of paragraph (1), and

(ii) has the prior written approval of the Secretary of State for the purpose of testing either or both—

(aa) defence personnel;

(bb) employees of one or more other emergency services;

(d) a person appointed by a chief officer of police, for the purpose of testing—

(i) members of a police force, and,

(ii) persons employed by a police authority, local policing body or chief officer of police for the purpose of assisting a police force;

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) an eligible person appointed by a company which—

(i) has been approved by the Secretary of State, and

(ii) is the holder of a PSV operator’s licence,

for the purpose of conducting, in respect of eligible candidates, practical tests in respect of any class of passenger-carrying vehicles , or

(g) an eligible person appointed by a company which—

(i) has been approved by the Secretary of State, and

(ii) is the holder of a goods vehicle operator’s licence,

for the purpose of conducting, in respect of eligible candidates, practical tests in respect of any class of goods vehicles.

(1ZA) Subject to paragraphs (3), (3A) and (5), a large vehicle off road manoeuvres test, other than a large vehicle off road manoeuvres test conducted in the circumstances specified in paragraph (2) or (2A), may be conducted by a person who—

(a) has been appointed by a body approved by the Secretary of State for the purpose of conducting large vehicle off road manoeuvres tests, and

(b) has the prior written approval of the Secretary of State for the purpose of testing a class of persons specified in the instrument of appointment.

(1ZB) An appointment made under paragraph (1ZA) may be made subject to such conditions as are, in the opinion of the Secretary of State, reasonably necessary in the general interests of candidates, and where a person breaks such a condition, the Secretary of State may approve another person to carry out large vehicle off road manoeuvres tests in substitution for that person notwithstanding that the first approval has not been revoked.

(1A) The Secretary of State must ensure that persons appointed as examiners for the purposes of paragraph (1)—

(a) who were appointed on or after 19th January 2013 meet and maintain the minimum standards set out in paragraphs 1, 2.1 and 2.2 of Annex IV, and

(b) who were appointed before 19th January 2013 meet the quality assurance and regular periodic training arrangements in place in accordance with paragraph 4 of Annex IV.

(1B) The Secretary of State must establish arrangements for authorising an examiner to conduct driving tests and ensure that such arrangements are in compliance with paragraphs 2.3, 3 and 5.1 of Annex IV.

(1C) The Secretary of State must ensure that there are in place quality assurance and regular periodic training arrangements of driving examiners in accordance with paragraph 4 of Annex IV.

(1D) In this regulation, “Annex IV” means Annex IV of Directive 2006/126/EC of the European Parliament and of the Council on driving licences reading that Annex as if—

(a) in the fifth indent of point 1.3, “EU and” was omitted, and

(b) references to “Member States” or “Member State” were references to the Secretary of State.

(1E) The Secretary of State may grant approval under paragraph (1)(ce)(ii) or (cf)(ii) subject to such conditions as the Secretary of State thinks fit, and may vary any such conditions by notice in writing given to the person to whom the approval was granted.

(2) Where the person submitting himself for a test is disqualified until he passes the appropriate driving test, a manoeuvres test, large vehicle off road manoeuvres test, practical test or unitary test shall be conducted by—

(a) a person in the public service of the Crown appointed by the Secretary of State, or

(b) a person who, or a member of a class of persons which, has been appointed by the Secretary of State for Defence, for the purpose of testing members of the armed forces of the Crown and persons in the public service of the Crown under his department.

(2A) A manoeuvres test, a large vehicle off road manoeuvres test or a practical test which is conducted as a disability assessment test shall be conducted by—

(a) a person in the public service of the Crown appointed by the Secretary of State for the purposes of paragraph (1)(a), or

(b) a person appointed by the Secretary of State for the purpose of conducting the test.

(3) No person shall be eligible to appoint any person or class of persons to conduct manoeuvres tests, large vehicle off road manoeuvres tests, practical tests or unitary tests under the provisions of sub-paragraphs (b), (ca), (cb) (cc), (cd),, (d), (f) or (g) of paragraph (1) , under paragraph (1ZA) or under paragraph (2)(b) unless, following an application made to him for the purpose of any of those sub-paragraphs, the Secretary of State is satisfied that—

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

(b) proper records of such tests and the results thereof will be kept by him or them,

and has granted his approval in writing, subject to such conditions as he thinks fit to impose.

(3A) The Secretary of State may vary any conditions imposed under paragraph (3) by notice in writing given to the person to whom the approval was granted.

(4) In the case of an application made by a chief officer of police for the purposes of sub-paragraph (d) of paragraph (1), the Secretary of State may grant his approval under paragraph (3) in respect of the testing of all the persons mentioned in that sub-paragraph or only in respect of the testing of the persons mentioned in paragraph (i) thereof.

(5) No person or member of a class of persons appointed under the provisions of sub-paragraphs (b), (ca), (cb) (cc), (cd),, (d), (f) or (g) of paragraph (1) , under paragraph (1ZA) or under paragraph (2)(b) may conduct tests unless the Secretary of State has given his approval in writing to his appointment and such approval shall be granted only if the Secretary of State is satisfied that the person (or, in the case of the appointment of a class of persons, each member of that class) is capable of making a proper assessment of a candidate’s ability to drive vehicles of the class in respect of which he is appointed to conduct tests.

(6) A person may not conduct a test prescribed in respect of any category or sub-category of motor vehicle unless he is expressly appointed for the purpose of conducting such a test.

(7) Each person who has appointed a person to conduct tests under sub-paragraph (ca), (cb) (cc), (cd),, (d), (f) or (g) of paragraph (1) shall pay an annual charge of £950 during the currency of the appointment to the Secretary of State in accordance with paragraph (8) in respect of each person so appointed.

(8) In the case of an appointment made—

(a) on or after 4 August 2008, the annual charge is payable on the making of the appointment and on each anniversary of the appointment; and

(b) before 4 August 2008, the annual charge is payable on 4 August 2008 and on each anniversary of that date.

Revocation of authority to conduct tests

25

(1) The Secretary of State may revoke—

(a) an appointment made under regulation 23(1)(a) or (2)(a) or under regulation 24(1)(a) , (1ZA) or (2)(a), or

(b) an approval given under regulation 23 (1)(de)(ii), (1)(df)(ii), (3) or (8) or under regulation 24 (1)(ce)(ii), (1)(cf)(ii) , (1ZA)(a), (3) (3) or (5),

by notice in writing and the authority of the person whose appointment is revoked or whose approval is withdrawn to conduct theory tests or large vehicle off road manoeuvres tests or, as the case may be, to appoint other persons to conduct unitary tests, manoeuvres tests, large vehicle off road manoeuvres tests, practical tests or theory tests, shall cease upon the date specified in the notice.

(2) Where a person has his appointment revoked or if an approval given in respect of him under regulation 23(1)(de)(ii), (1)(df)(ii), (3), 24(1)(ce)(ii), (1)(cf)(ii) , (1ZA) or (3) is withdrawn, that person shall immediately return to the Secretary of State all forms of pass certificates supplied to him under regulations 47(8) and 48(3) which he still holds.

25A

(1) The Secretary of State may revoke—

(a) an appointment made under regulation 22A(1)(a), or

(b) an approval given under regulation 22A(2),

by notice in writing and the authority of the person whose appointment or approval is revoked to conduct safe road use tests or, as the case may be, to appoint others to do so shall cease upon the date specified in the notice.

Applications for safe road use tests

25B

(1) Subject to paragraph (4), a relevant awarding authority which is approved under regulation 22A(2) but which is not an appointed person may apply to an appointed person for an appointment for a safe road use test in respect of a person seeking to attain a relevant qualification (“the candidate”).

(2) An application made under paragraph (1) shall specify the date, time and location of the appointment sought and provide the name and such further details relating to—

(i) the candidate who is to attend the appointment to take the test, and

(ii) whether the candidate has special needs,

as the appointed person may reasonably require.

(3) Subject to paragraph (4), upon receipt of such details the appointed person shall confirm to the relevant awarding authority the date and time of the appointment.

(4) The appointed person may refuse to accept an application from a relevant awarding authority (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 safe road use tests.

(5) Subject to paragraph (6), no application may be made for an appointment on behalf of a person who has failed to pass a safe road use test if less than three working days, commencing with the day after the first test, would expire before the day on which the subsequent test would take place.

(6) Paragraph (5) shall not apply in a case where the appointed person has given notice, prior to the first test, that an appointment for a subsequent test would be accepted without the interval referred to in that paragraph having expired.

Applications for tests

Applications for theory tests: applicants in person

26

(1) An applicant in person wishing to take a theory test to be conducted by an appointed person shall—

(a) apply for an appointment to that person,

(b) provide that person with such details relating to himself, the licence which he holds, the preferred location of the test, and the nature of the test to be taken as he may reasonably require, and

(2) Upon receipt of such details and such fee the appointed person shall make the arrangements necessary for taking the theory test.

(3) An applicant in person for whom an appointment is made as aforesaid in respect of any category of motor vehicle may neither apply as an applicant in person nor be nominated by virtue of regulation 27, 28 or 28A for a further appointment for a theory test in respect of the same category unless—

(a) the first appointment has been cancelled, or

(b) the test due on the first appointment does not take place for any reason other than cancellation; or

Applications for theory tests: motor bicycle instructors

27

(1) A motor bicycle instructor who wishes to make an appointment for a theory test prescribed in respect of motor vehicles in category AM or A 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, and

(d) pay the fee (recoverable from the person nominated under paragraph (4)) specified in regulation 30(3).

(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 theory 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 AM or A may neither be so nominated nor apply under regulation 26 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

(6) The qualifying period for the purposes of paragraph (4) is the period expiring at 16.00 hours on the day which allows one clear working day to elapse between that day and the day for which the appointment is made.

Applications for theory tests: large vehicle instructors

28

(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, and

(d) pay the fee (recoverable from the person nominated under paragraph (4)) specified in regulation 30(1) or (2).

(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 26 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

(6) The qualifying period for the purposes of paragraph (4) is the period ending at 16.00 hours on the day which allows one clear working day to elapse between that day and the day for which the appointment is made.

Applications for theory tests: motor car instructors

28A

(1) A motor car instructor who wishes to make an appointment for a theory test prescribed in respect of motor vehicles in category B 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 nature of the test as the appointed person may reasonably require,

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

(4) If, before the expiration of the qualifying period, the appointed person receives from the motor car 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 car instructor pursuant to paragraph (4) for a theory test prescribed in respect of any category may neither be so nominated nor apply under regulation 26 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

(6) The qualifying period for the purposes of paragraph (4) is the period ending at 16.00 hours on the day which allows one clear working day to elapse between that day and the day for which the appointment is made.

Eligibility to reapply for theory test

29

(1) Subject to paragraph (2), a person who has failed to pass a theory test prescribed in respect of any category may not make an application for another test of that nature to be conducted before the expiry of a period of three clear working days commencing with the day after the date of the first test.

(2) Paragraph (1) shall not apply—

(a) in a case where the person is either a member of the armed forces of the Crown or a person in the civil service of the Crown under the Secretary of State for Defence and the application is made with the consent of a person authorised by the Secretary of State for Defence; or

(b) in a case where the first test is conducted by an appointed person in accordance with paragraph (1)(a) or (2)(a) of regulation 23 and the Secretary of State has, prior to that test, given notice to the person that he will accept an application for a further test to be conducted before the expiry of the period mentioned in paragraph (1).

Fees for theory tests

30

(1) The fee payable for a large vehicle test of driving theory to be conducted by an appointed person is—

(a) £35 if the test is to be conducted before 1st October 2014;

(b) £28 if the test is to be conducted during the period beginning with 1st October 2014 and ending on 30th September 2015;

(2) The fee payable for a large vehicle test of hazard perception to be conducted by an appointed person is—

(a) £15 if the test is to be conducted before 1st October 2014;

(b) £12 if the test is to be conducted during the period beginning with 1st October 2014 and ending on 30th September 2015;

(3) Subject to paragraph (4), the fee payable for a theory test to be conducted by an appointed person in respect of a motor vehicle in category AM, A or B is—

(a) £31 if the test is to be conducted before 1st October 2014;

(b) £25 if the test is to be conducted during the period beginning with 1st October 2014 and ending on 30th September 2015;

(4) The fee payable for a theory test within the meaning of regulation 3A(1)(ab) is—

(a) £24 if the test is to be conducted before 1st October 2014;

(b) £19 if the test is to be conducted during the period beginning with 1st October 2014 and ending on 30th September 2015;

Applications for manoeuvres tests, large vehicle off road manoeuvres tests, practical tests and unitary tests: applicants in person

31

(1) An applicant in person wishing to take a manoeuvres test, large vehicle off road manoeuvres test, practical test or unitary test to be conducted by a DVSA examiner shall—

(a) apply for an appointment for such a test to the Secretary of State,

(b) provide the Secretary of State with such details relating to himself, the licence which he holds, the preferred location of the test, the nature of the test and the vehicle on which the test is to be taken as the Secretary of State may reasonably require, and

(1ZA) An application under paragraph (1)(a) for a practical test prescribed in respect of motor vehicles in category B may not be made by any other person on behalf of the applicant in person.

(1A) An applicant in person wishing to take a large vehicle off road manoeuvres test to be conducted by a large vehicle off road manoeuvres test examiner shall—

(a) apply for an appointment for such a test to a large vehicle off road manoeuvres test provider,

(b) provide the large vehicle off road manoeuvres test provider with such details relating to themself, the licence which they hold, the preferred location of the test, the nature of the test and the vehicle on which the test is to be taken as the large vehicle off road manoeuvres test provider may reasonably require, and

(2) Upon receipt of such details and such fee and, in the case of an application for a practical test prescribed in respect of motor vehicles in category B, provided the application is made by the applicant in person the Secretary of State or a large vehicle off road manoeuvres test provider, as the case may be, shall make the arrangements necessary for the taking of the appropriate test.

(3) An applicant in person for whom an appointment is made as aforesaid in respect of a class of motor vehicle in any category may neither apply as an applicant in person nor be nominated by virtue of regulation 32 or 33 for a further appointment for a manoeuvres test, large vehicle off road manoeuvres test, practical test or unitary test, as the case may be, on a vehicle of the same class unless—

(a) the first appointment has been cancelled, or

(b) the test due on the first appointment does not take place for any reason other than cancellation, or

(4) For the purposes of paragraph (1A), no application may be made for a large vehicle off road manoeuvres test which can or will be conducted by a large vehicle off road manoeuvres test examiner that has provided any form of instruction in any capacity to the applicant in person.

Applications for manoeuvres or practical tests: motor bicycle instructors

32

(1) A motor bicycle instructor who wishes to make an appointment for a manoeuvres test or a practical test prescribed in respect of category AM or A which is to be conducted by a DVSA examiner and taken by a person who has, or will have, received from that instructor instruction in the driving of vehicles of a class included in either category shall—

(a) apply for such an appointment to the Secretary of State, specifying the date and time for 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—

(i) himself,

(ii) his establishment,

(iii) the vehicle on which the test is to be taken, and

(iv) the nature of the test,

as the Secretary of State may reasonably require, and

(2) The Secretary of State 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 an appointment specified in the application is unavailable or where, in the opinion of the Secretary of State, it is reasonably necessary to do so in the general interests of applicants for manoeuvres tests, practical tests or unitary tests.

(3) Subject to paragraphs (2) and (5), upon receipt of such details and such fee the Secretary of State shall confirm to the motor bicycle instructor the date and time of the appointment.

(4) If, before the expiration of the qualifying period, the Secretary of State receives from the motor bicycle instructor the name and such further details relating to—

(a) the person receiving instruction from that instructor who will at the appointment submit himself for that test,

(b) the licence which that person holds,

(d) the vehicle on which the test is to be taken,

as the Secretary of State may reasonably require, the Secretary of State 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 manoeuvres test or a practical test in respect of any class of motor vehicle included in category AM or A may neither be so nominated nor apply under regulation 31 for a further appointment for a test of the same sort in respect of a motor vehicle of the same class 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

(6) The qualifying period for the purposes of paragraph (4) is the period expiring at 16.00 hours on the day which allows one clear working day to elapse between that day and the day for which the appointment is made.

Applications for large vehicle off road manoeuvres tests or practical tests: large vehicle instructors

33

(1) A large vehicle instructor who wishes to make an appointment for a large vehicle off road manoeuvres test or a practical test prescribed in respect of category B+E, C, C+E, D or D+E which is to be conducted by a DVSA examiner and taken by a person who has, or will have, received from that instructor instruction in the driving of a class of vehicle included in any of those categories shall—

(a) apply for such an appointment to the Secretary of State, specifying the date and time for 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—

(i) the instructor,

(ii) the instructor’s establishment,

(iii) the vehicle on which the test is to be taken, and

(iv) the nature of the test,

as the Secretary of State may reasonably require, and

(2) The Secretary of State 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 an appointment specified in the application is unavailable or where, in the opinion of the Secretary of State, it is reasonably necessary to do so in the general interests of applicants for large vehicle off road manoeuvres tests, practical tests or unitary tests.

(3) Subject to paragraphs (2) and (5), upon receipt of such details and such fee the Secretary of State shall confirm to the large vehicle instructor the date and time of the appointment.

(4) If, before the expiration of the qualifying period, the Secretary of State receives from the large vehicle instructor the name and such further details relating to—

(a) the person receiving instruction from that instructor who will at the appointment submit himself for that test,

(b) the licence which that person holds,

(d) the vehicle on which the test is to be taken,

as the Secretary of State may reasonably require, the Secretary of State 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 practical test or a large vehicle off road manoeuvres test in respect of any class of vehicle may neither be so nominated nor apply under regulation 31 for a further appointment for a test in respect of a motor vehicle of a class included in the same category 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

(6) The qualifying period for the purposes of paragraph (4) is the period expiring at 16.00 hours on the day which allows one clear working day to elapse between that day and the day for which the appointment is made.

Applications for large vehicle off road manoeuvres tests conducted by large vehicle off road manoeuvres test examiners: large vehicle instructors

33A

(1) A large vehicle instructor who wishes to make an appointment for a large vehicle off road manoeuvres test prescribed in respect of category or sub-category B + E, C, C1, C + E, C1 + E, D, D1, D + E or D1 + E which is to be conducted by a large vehicle off road manoeuvres test examiner and taken by a person who has, or will have, received from that instructor instruction in the driving of a class of vehicle included in any of those categories shall—

(a) apply for such an appointment to a large vehicle off road manoeuvres test provider, specifying the date and time for 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—

(i) the instructor,

(ii) the instructor’s establishment,

(iii) the vehicle on which the test is to be taken, and

(iv) the nature of the test,

as the large vehicle off road manoeuvres test provider may reasonably require, and

(2) The large vehicle off road manoeuvres test provider 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 an appointment specified in the application is unavailable.

(3) Subject to paragraphs (2) and (5), upon receipt of such details and such fee the large vehicle off road manoeuvres test provider shall confirm to the large vehicle instructor the date and time of the appointment.

(4) If, before the expiration of the qualifying period, the large vehicle off road manoeuvres test provider receives from the large vehicle instructor the name and such further details relating to—

(a) the person receiving instruction from that instructor who will at the appointment submit themselves for that test,

(b) the licence which that person holds,

(d) the vehicle on which the test is to be taken,

as the large vehicle off road manoeuvres test provider may reasonably require, the large vehicle off road manoeuvres test provider must 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 large vehicle off road manoeuvres test in respect of any class of vehicle may neither be so nominated nor apply under regulation 31 for a further appointment for a test in respect of a motor vehicle of a class included in the same category 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

(6) The qualifying period for the purposes of paragraph (4) is the period expiring at 16.00 hours on the day which allows one clear working day to elapse between that day and the day for which the appointment is made.

(7) For the purposes of paragraph (1), no application may be made for a large vehicle off road manoeuvres test which can or will be conducted by a large vehicle off road manoeuvres test examiner that has provided any form of instruction in any capacity to the applicant in person.

Eligibility to reapply for manoeuvres tests, large vehicle off road manoeuvres tests, practical tests or unitary tests

34

(1) Subject to the following provisions of this regulation, a person who has failed to pass a manoeuvres test, large vehicle off road manoeuvres test, practical test or unitary test (“the first test") for a licence authorising the driving of vehicles of a class included in any category may not make an application for another test for a licence authorising the driving of vehicles of any class included in the same category to be conducted before the expiry of the relevant period.

(2) Paragraph (1) shall not apply—

(a) in a case where the person is either a member of the armed forces of the Crown or a person in the civil service of the Crown under the Secretary of State for Defence and the application is made with the consent of a person authorised by the Secretary of State for Defence; or

(b) in a case where the first test is conducted by a DVSA examiner and the Secretary of State has, prior to that test, given notice to the person that he will accept an application for a further test to be conducted before the expiry of the relevant period.

(3) In this regulation, “the relevant period" means—

(za) in the case of a manoeuvres test, 3 clear working days,

(zb) in the case where the first test is a large vehicle off road manoeuvres test conducted by a large vehicle off road manoeuvres test examiner, 1 clear calendar day,

(a) subject to sub-paragraph (zb), in the case of a test for a licence authorising the driving of a vehicle of a class included in category B+E, C, C+E, D or D+E, 3 clear working days, and

(b) in any other case, 10 clear working days.

commencing with the first day after the date of the first test.

Fees in respect of manoeuvres tests, large vehicle off road manoeuvres tests, practical tests or unitary tests

35

(1) No fee shall be payable in respect of a manoeuvres test, large vehicle off road manoeuvres test, practical test or unitary test conducted by a person appointed under regulation 24(1)(b), (ca), (cb), (cc), (cd) (d), (f) or (g) or (2)(b) or approved under regulation 24(1)(ce)(ii) or (cf)(ii).

(2) Subject to paragraphs (3ZA), (3ZB), ... (4) and (5), in the case of a ... practical test or unitary test which—

(a) is to be conducted by a DVSA examiner,

(b) is not, or does not form part of, an extended driving test,

(c) is for a licence authorising the driving of a motor vehicle of a class included in a category or sub-category specified in column (1) of the Table in Schedule 5,

the fee payable is that specified in relation to that category or sub-category in column (2) of that Table.

(3) Subject to paragraphs (3ZA) (3ZB), ... and (4), in the case of a ... practical test or unitary test which—

(a) is to be conducted by a DVSA examiner,

(b) is, or forms part of, an extended driving test,

(c) is for a licence authorising the driving of a motor vehicle of a class included in a category or sub-category specified in column (1) of the Table in Schedule 5,

the fee payable is that specified in relation to that category or sub-category in column (3) of that Table.

(3ZZA) Subject to paragraph (4), in the case of a large vehicle off road manoeuvres test which—

(a) is to be conducted by a DVSA examiner, and

(b) is for a licence authorising the driving of a motor vehicle of a class included in a category or sub-category specified in column 1 of the Table in Schedule 5,

the fee payable is that specified in relation to that category or sub-category in column (4) of that Table.

(3ZZB) In the case of a large vehicle off road manoeuvres test which—

(a) is to be conducted by a large vehicle off road manoeuvres test examiner, and

(b) is for a licence authorising the driving of a motor vehicle of a class included in a category or sub-category specified in column 1 of the Table in Schedule 5,

the fee payable is that specified in relation to that category or sub-category in column (5) of that Table.

(3ZZC) The fee payable under paragraph (3ZZB) is to be paid to and retained by the large vehicle off road manoeuvres test provider as remuneration.

(3ZA) Subject to paragraphs (3C) and (4), in the case of a manoeuvres test or practical test which—

(a) is to be conducted by a DVSA examiner,

(b) is not, or does not form part of, an extended driving test,

the fee payable is that specified in relation to that test in column (2) of the Table in Schedule 5A.

(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3ZB) Subject to paragraph (4), in the case of a manoeuvres test or practical test which—

(a) is to be conducted by a DVSA examiner,

(b) is, or forms part of, an extended driving test,

the fee payable is that specified in relation to that test in column (3) of the Table in Schedule 5A.

(3ZC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Where an appointment for a large vehicle off road manoeuvres test or practical test to commence during normal hours is cancelled by or on behalf of the Secretary of State and the appointment cannot reasonably be rearranged so that the test commences during normal hours, the applicant shall pay the fee prescribed for a test commencing during normal hours notwithstanding that it commences out of hours.

(5) In a case where the test is for a licence authorising the driving of vehicles included in category B and the applicant holds a full licence authorising the driving of vehicles included in sub-category B1 (invalid carriages), no fee shall be payable.

(6) For the purposes of this regulation and Schedule 5, a test—

(a) for a licence authorising the driving of a motor vehicle in category AM, A, B, F, G , H or K or subcategory A1 ... commences during normal hours if the time for which the test appointment is made is any time between 0730 hours and 1630 hours on a working day,

(b) for a licence authorising the driving of a motor vehicle in any other category commences during normal hours if the time for which the test appointment is made is any time between 0830 hours and 1630 hours on a working day; and

(c) commences out of hours, if the time for which the test appointment is made is at a time not specified above for the type of licence in question.

(7) In this regulation “working day” means a day other than a Saturday, Sunday, bank holiday, Christmas Day or Good Friday (and “bank holiday” means a day to be observed as such under section 1 of and Schedule 1 to the Banking and Financial Dealings Act 1971).

Cancellation of tests

36

For the purposes of paragraph (b) of section 91 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) subject to paragraph (ac), for a manoeuvres test, large vehicle off road manoeuvres test, practical test or unitary test to be conducted by a DVSA examiner must be given to the Secretary of State not less than three clear working days before the day for which the appointment is made;

(ab) for a large vehicle off road manoeuvres test to be conducted by a large vehicle off road manoeuvres test examiner must be given to the large vehicle off road manoeuvres test provider not less than three clear working days before the day for which the appointment is made;

(ac) for a practical test for a licence authorising the driving of a vehicle of a class included in category B to be conducted by a DVSA examiner must be given to the Secretary of State 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

Test vehicles

37

(1) Subject to paragraphs (3) and (3A), the prescribed manoeuvres test, large vehicle off road manoeuvres test, practical test or unitary test for a licence authorising the driving of vehicles included in a category shown in column (1) of Table 1 at the end of this regulation must be conducted in a vehicle having a power, mass, size or other specification, equivalent to or (except in the case of a test prescribed in respect of category AM, F, G, H or K) greater than that shown, and conforming to such description as may be set out, in relation to that category in column (2) of Table 1.

(2) Subject to paragraphs (3) and (3A), the prescribed manoeuvres test, large vehicle off road manoeuvres test or practical test for a licence authorising the driving of vehicles included in a sub-category shown in column (1) of Table 1 at the end of this regulation must be conducted in a vehicle having a power, mass, size or other specification, equivalent to or greater than that shown, and conforming to such description as may be set out, in relation to that sub-category in column (2) of Table 1.

(2A) Where in an application for a manoeuvres test or a practical test prescribed in respect of category AM it is declared that the applicant is suffering from a relevant disability of such a nature that the applicant is unable to ride a moped with two wheels, that test shall be conducted on a specially adapted two-wheeled moped, a three-wheeled moped or a light quadricycle.

(3) Subject to paragraph (3A), where the test referred to in paragraph (1) is for a licence authorising the driving of vehicles in sub-category A1, A2 or A3 shown in column (1) of Table 1, the test must be conducted in a vehicle conforming to the description set out in relation to that sub-category in column (2) of Table 1.

(3A) Where in an application for a manoeuvres test or a practical test prescribed in respect of category A it is declared that the applicant is suffering from a relevant disability of such a nature that the applicant is unable to ride a motorcycle without side-car, the test must be conducted––

(a) in the case of the test for a licence authorising the driving of a vehicle in sub-category A1, on an A1 motor tricycle or an A1 motorcycle with sidecar where the capacity and unassisted speed on the level of the motor tricycle or the motorcycle, (as the case may be), conforms to the specification in the description set out in relation to sub-category A1 in column (2) of Table 1;

(b) in the case of the test for a licence authorising the driving of a vehicle in sub-category A2, on an A2 motorcycle with sidecar where the capacity and power output of the motorcycle conforms to the specification in the description set out in relation to sub-category A2 in column (2) of Table 1; and

(c) in the case of the test for a licence authorising the driving of a vehicle in sub-category A3, on an A3 motor tricycle or an A3 motorcycle with sidecar where the capacity and unassisted speed on the level of the motor tricycle or the motorcycle, (as the case may be) conforms to the specification in the description set out in relation to sub-category A3 in column (2) of Table 1 which-

(i) applies until 30th December 2018 where the test is conducted on or before that date; and

(ii) applies on and from 31st December 2018 where the test is conducted on or after that date

(4) A person submitting himself for a manoeuvres test, large vehicle off road manoeuvres test, practical test or unitary test shall provide a vehicle which—

(a) corresponds to the specification referred to in paragraph (1), (2) , (2A) or (3), 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, and

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

(5) A person submitting himself for a practical test prescribed in respect of category B or B+E shall provide a motor vehicle which—

(a) is fitted with a front passenger seat unless it—

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) has been adapted on account of a disability of the person who has submitted himself for the test and as part of that adaptation has had the front passenger seat removed,

(b) has fitted for use with the front passenger seat (or, if there is no such seat, with another seat in which the person conducting the test may conveniently sit for the purpose of the test) a properly anchored and functioning three-point seat belt, and

(c) in the case of a vehicle fitted with a front passenger seat, has fitted as an integral part of that seat a head restraint which satisfies the requirements of Regulation (EC) No 661/2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) A person submitting himself for a large vehicle off road manoeuvres test or practical test prescribed in respect of category B+E, C, C+E, D, or D+E shall provide a vehicle which is not carrying goods or burden other than either or both of the following—

(a) fixed items which are characteristic of the class to which it belongs;

(b) any load carried in accordance with paragraph (7A).

(7A) A person submitting himself for a large vehicle off road manoeuvres test or practical test prescribed in respect of any of the categories or sub-categories shown in column 1 of Table 2 at the end of this regulation—

(a) may, during the period beginning with 15th August 2013 and ending with 14th November 2013, provide a vehicle which—

(i) is carrying a load of the nature and weight shown in column 2 of Table 2, in relation to that category or sub-category and description of vehicle; and

(ii) is loaded in such a way that the person authorised to conduct the test can visually assess the weight of the load without the load being disturbed;

(b) shall, on or after 15th November 2013, provide a vehicle which—

(i) is carrying a load of the nature and weight shown in column 2 of Table 2, in relation to that category or sub-category and description of vehicle; and

(ii) is loaded in such a way that the person authorised to conduct the test can visually assess the weight of the load without the load being disturbed.

(8) A person submitting himself for a large vehicle off road manoeuvres test or practical test prescribed in respect of category C, C+E, D or D+E shall provide a motor vehicle which is fitted with a seat which is firmly secured to the vehicle and in such a position that the person conducting the test may properly do so and is protected from bad weather during the test.

(9) A person submitting himself for a practical test prescribed in respect of category D or D+E shall provide a motor vehicle which is fitted with a seat which is so placed that the person conducting the test 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—

(a) the construction of the vehicle makes it impossible to fulfil that requirement, or

(b) 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.

(10) A person submitting himself for a large vehicle off road manoeuvres test or practical test prescribed in respect of category B+E, C+E or D+E shall provide a motor vehicle which is fitted with linkage and braking mechanisms which are designed for use when the trailer is fully laden.

(10A) A person submitting himself for a large vehicle off road manoeuvres test or practical test prescribed in respect of category C, C+E, D, or D+E shall provide a motor vehicle which is fitted with an anti-lock braking system and a tachograph.

(10B) A person submitting himself for a large vehicle off road manoeuvres test or practical test prescribed in respect of category C or C+E shall provide a motor vehicle which is capable of manual transmission.

(10C) A person submitting himself for a large vehicle off road manoeuvres test or practical test prescribed in respect of category C, C+E, D or D+E shall provide a motor vehicle in which any seat which is used by the person conducting the test and any seat used by any person authorised by the Secretary of State to attend the test for the purpose of supervising it or otherwise, are each fitted with a properly anchored and functioning two or three-point seat belt.

(10D) A person submitting himself for a large vehicle off road manoeuvres test or practical test prescribed in respect of category B+E, C, C+E, D or D+E shall provide a motor vehicle which is fitted with an exterior nearside mirror and an exterior offside mirror providing adequate rearward vision from the seat occupied by the person conducting the test.

(11) In the case of a test being conducted by a person appointed in accordance with paragraph (1)(b) or (2)(b) of regulation 24, paragraphs (5)(c) and (6) shall not apply.

(12) In Table 1 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 Table 1.

(1) Category or sub-category	(2) Specification or description
AM	Any two-wheeled moped
A1	An A1 motorcycle without side-car, with a power rating not exceeding 11kW and a power to weight ratio not exceeding 0.1 kW/kg that is capable of an unassisted speed of at least 90 kilometres per hour on the level. If powered by an internal combustion engine, the cylinder capacity shall be at least 115 cubic centimetres. If powered by an electric motor, the power to weight ratio of the vehicle shall be at least 0.08 kW/kg.
A2	An A2 motorcycle without side-car, with a power rating of at least 20kW but not exceeding 35kW and a power to weight ratio not exceeding 0.2 kW/kg. If powered by an internal combustion engine, the cylinder capacity of the engine shall be at least 245 cubic centimetres. If powered by an electric motor, the power to weight ratio of the vehicle shall be at least 0.15 kW/kg.
A3	Until 30th December 2018, an A3 motorcycle without side-car and a power of at least 40kW. If powered by an internal combustion engine, the cylinder capacity of the engine shall be at least 595 cubic centimetres. If powered by an electric motor, the power to weight ratio of the vehicle shall be at least 0.25 kW/kg.From 31st December 2018, an A3 motorcycle without side-car with a power of at least 50kW whose unladen mass is more than 175kg. If powered by an internal combustion engine, the cylinder capacity of the engine shall be at least 595 cubic centimetres. If powered by an electric motor, the power to weight ratio of the vehicle shall be at least 0.25 kW/kg.
B	Any four-wheeled vehicle in category B capable of an unassisted speed of 100 kilometres per hour on the level.
B1	Any vehicle in sub-category B1 capable of an unassisted speed of 60 kilometres per hour on the level.
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 combination is capable of an unassisted speed of 100 kilometres per hour on the level. The cargo compartment of the trailer shall consist of a closed box body which is at least as wide and as high as the corresponding dimensions of the tractor vehicle. The closed box body may be narrower than the tractor vehicle provided that the driver’s view to the rear of the trailer is only made possible by the use of the external rear-view mirrors of the tractor vehicle.
C1	Any vehicle in sub-category C1 having a maximum authorised mass of 4,000 kilograms, a length of at least 5 metres, and capable of an unassisted speed of 80 kilometres per hour on the level. The cargo compartment of the vehicle shall consist of a closed box body which is at least as wide and as high as the corresponding dimensions of the cab.
C1+E	A combination of a minimum test vehicle for sub-category C1 and a trailer with a maximum authorised mass of 2,000 kilograms, which combination is at least 8 metres long and capable of an unassisted speed of 80 kilometres per hour on the level. The combination must have a maximum authorised mass of 4,000 kilograms. The cargo compartment of the trailer shall consist of a closed box body which is at least as wide and as high as the corresponding dimensions of the tractor vehicle. The closed box body may be narrower than the tractor vehicle provided that the driver’s view to the rear of the trailer is only made possible by the use of the external rear-view mirrors of the tractor vehicle.
D1	Any vehicle in sub-category D1 having a maximum authorised mass of 4,000 kilograms, a length of at least 5 metres, which is capable of an unassisted speed of 80 kilometres per hour on the level.
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 an unassisted speed of 80 kilometres per hour on the level. The cargo compartment of the trailer shall consist of a closed box body which is at least 2 metres wide and at least 2 metres high.
C	Any vehicle in category C, other than an articulated goods vehicle, having a maximum authorised mass of 12,000 kilograms, a length of at least 8 metres and a width of at least 2.4 metres, which is capable of an unassisted speed of 80 kilometres per hour on the level. The cargo compartment of the vehicle shall consist of a closed box body which is at least as wide and as high as the corresponding dimensions of the cab.
C+E	Either—
	aan articulated goods vehicle combination having a maximum authorised mass of 20,000 kilograms, a length of at least 14 metres and a width of at least 2.4 metres, and which is capable of an unassisted speed of 80 kilometres per hour on the level, or
	ba combination of a minimum test vehicle for category C and a trailer having a length of at least 7.5 metres (each having a width of at least 2.4 metres), a maximum authorised mass of 4,000 kilograms, and which has, in aggregate, a maximum authorised mass of 20,000 kilograms and an overall length of 14 metres and which is capable of an unassisted speed of 80 kilometres per hour on the level.
	The cargo compartment of the articulated goods vehicle combination or the trailer (as the case may be) shall consist of a closed box body which is at least as wide and as high as the corresponding dimensions of the cab or tractor vehicle.
D	Any vehicle in category D having a length of at least 10 metres, a width of at least 2.4 metres, and capable of an unassisted speed of 80 kilometres per hour on the level.
D+E	A combination of a minimum test vehicle for category D and a trailer of a width of at least 2.4 metres having a maximum authorised mass of 1,250 kilograms, which combination is capable of an unassisted speed of 80 kilometres per hour on the level. The cargo compartment of the trailer shall consist of a closed box body which is at least 2 metres wide and at least 2 metres high.
F	Any vehicle in category F.
G	Any vehicle in category G.
H	Any vehicle in category H.
K	Any vehicle in category K.
. . .	. . .
(1) Category or sub-category and description of vehicle	(2) Nature and weight of load required to be carried on the vehicle or trailer or both.
---	---
B+E	A training load weighing a minimum of 600kg and a maximum of 1,000kg loaded on the trailer.
C(a) fire engine	Water or foam carried on the fire engine so that the total laden weight of the fire engine is at least 10,000kg.
C(b) other motor vehicles	Five IBCs loaded on the motor vehicle.
C+E(a) articulated goods vehicle combination	Eight IBCs loaded on the combination.
C+E(b) combination of a minimum test vehicle for category C and a trailer	Five IBCs loaded on the motor vehicle and three IBCs loaded on the trailer.
C1+E	A training load weighing a minimum of 600kg and a maximum of 1,000kg loaded on the trailer.
D+E	A training load weighing a minimum of 600kg and a maximum of 1,000kg loaded on the trailer.
D1+E	A training load weighing a minimum of 600kg and a maximum of 1,000kg loaded on the trailer.

Further requirements at tests

38

(ZA1) A person submitting to a safe road use test (“the candidate”) to be conducted by an appointed person shall be accompanied by a person who is employed by a school, college or other body which has responsibility for the candidate or that candidate’s undertaking of that test.

(1) Subject to paragraph (2), a person submitting to a theory test, manoeuvres test, large vehicle off road manoeuvres test, practical test or unitary test must satisfy the residence requirement in section 97A(1)(d) of the Traffic Act as if that person were making an application under section 97, except that the requirement shall be met at the time of attending the test.

(2) Paragraph (1) shall not apply in the case of a person who submits himself for an appropriate driving test pursuant to section 36 of the Offenders Act or for any part of such a test.

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

(a) before the test commences—

(i) except in a case to which paragraph (7) 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) except where he has produced an appropriate licence containing his photograph, satisfy the person conducting the test as to his identity in accordance with paragraph (6), ...

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

(iia) where the test is a theory test within the meaning of regulation 3A(1)(ab), produce a valid qualification award certificate or a valid relevant qualification certificate, as appropriate; and

(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.

(4) Subject to paragraph (4A), a person submitting to a manoeuvres test , large vehicle off road manoeuvres test or a practical test must, before the test commences, produce to the person conducting the test—

(a) in the case of a test on a motor vehicle of a class included in any category other than category A, a valid standard theory test pass or a valid large vehicle theory test pass certificate showing that the person submitting to the test 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; or

(b) in the case of a test on a motor vehicle of a class included in category A, a valid standard theory test pass certificate showing that the person submitting to the test has passed the theory test prescribed in respect of category A or category AM or a valid certificate corresponding to either such certificate furnished under the law of Northern Ireland.

(4A) Paragraph (4) does not apply in a case where—

(a) a person submitting to a manoeuvres test , large vehicle off road manoeuvres test or a practical test is exempt from the requirement to pass a theory test by virtue of regulation 42; or

(b) by virtue of regulation 40(4) no theory test is prescribed for the class of vehicle on which a manoeuvres test , large vehicle off road manoeuvres test or a practical test (as the case may be) is to be taken

(5) A person submitting himself for a manoeuvres test, large vehicle off road manoeuvres test, practical test or unitary test shall, before the test commences—

(a) 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) except where he has produced an appropriate licence containing his photograph, satisfy the person conducting the test as to his identity in accordance with paragraph (6), and

(c) sign, on the Driving Test Report Form produced to him by the person conducting the test, a declaration to the effect that–

(i) there is in force, in relation to the use of the vehicle provided for the test, a policy of insurance which complies with the requirements of Part VI of the Traffic Act, and

(ii) he satisfies the residence requirement as described in paragraph (1).

(5A) A person submitting himself for a theory test manoeuvres test, large vehicle off road manoeuvres test, practical test or unitary test who produces a licence which fails to satisfy the person conducting the test, after an examination or otherwise, that it is an appropriate licence as required under paragraph (3)(a)(i) or (5)(a) must surrender the licence forthwith to the person conducting the test.

(6) For the purposes of this regulation, a person conducting a test may be satisfied as to a person’s identity –

(a) from a valid passport or a valid identity card issued under the Identity Cards Act 2006, or

(b) where the person conducting the test is a person to whom regulation 23(1)(b) or regulation 24(1)(b) applies, from such evidence as that person considers appropriate.

(7) 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 11(1) do not apply), he shall before the commencement of a theory test or, as the case may be, a manoeuvres test, large vehicle off road manoeuvres test, practical test or unitary test prescribed in respect of a category specified in column (1) of the table at the end of regulation 11 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.

(8) A person submitting himself for a manoeuvres test or practical test for a licence authorising the driving of a motor vehicle of a class included in category AM or A 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 68(1) , or a valid certificate corresponding to such a certificate furnished under the law of Northern Ireland.

(8A) Subject to paragraph (8B), before commencement of a practical test in relation to a vehicle of a class included in category AM or A the person submitting to the test shall produce to the person conducting the test—

(a) a module 1 pass certificate which—

(i) is valid;

(ii) is in respect of the same category or sub-category of vehicle as that in which the practical test is to be taken; and

(iii) save in a case where sub-paragraph (a) of paragraph (4A) applies, records as the date of the theory test the same date as is recorded for that test in the valid standard theory test pass certificate which is produced in accordance with paragraph (4); or

(b) a certificate, furnished under the law of Northern Ireland, indicating that the person submitting to the practical test has passed that part of a Northern Ireland test corresponding to the manoeuvres test, which—

(i) is valid; and

(ii) is in respect of the same category or sub-category of vehicle as that in which the practical test is to be taken.

(8B) In the case of a person who is exempt from the requirement to pass a theory test by virtue of regulation 42(1), the certificate produced in accordance with paragraph (8A) shall be dated no earlier than six months before the date on which it is produced.

(9) A person submitting himself for a manoeuvres test, large vehicle off road manoeuvres test, practical test 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 AM, A, G, H or K, allow to travel in the vehicle—

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

(ii) any person authorised by the Secretary of State 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 AM, A, G, H or K, allow the attendance of—

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

(ii) any person authorised by the Secretary of State for the purpose of supervising the test or otherwise.

(10) In this regulation and regulation 39—

“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, andis 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, ora full licence which by virtue of section 98 of the Traffic Act and regulation 19, 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, ora Northern Ireland licence corresponding to either of those licences, ora Community licence which, by virtue of section 99A of the Traffic Act and regulation 19, 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 Community licence, which by virtue of section 37(4) of the Offenders Act, authorises that person to drive motor vehicles of that class subject to the same conditions as if the person were so authorised by a provisional licence;

“excepted provisional licence" means a licence which—was in force at a time before 1st January 1997, andis 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 and D1 (not for hire or reward),but does not include a licence which was granted to a full-time member of the armed forces of the Crown to whom the provisions of regulation 11(1) do not apply by virtue of paragraph (2) of that regulation.

Examiner’s right to refuse to conduct test

39

(ZA1) An appointed person shall refuse to conduct a safe road use test where the requirement in regulation 38(ZA1) is not met.

(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 38(3), or

(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,

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

(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—

(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

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.