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
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and, for these purposes, a “relevant notice” is a notice under section 94(5)(c) of the Traffic Act requiring the person to submit to a disability assessment test.

  • (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (13) In this regulation—
  • (za) “driving instructor” means a person whose name is entered in ... the register established under section 123 of the Traffic Act.
  • (a) “exempted island" means any island outside the mainland of Great Britain from which motor vehicles, unless constructed or adapted specially for that purpose, cannot at any time be conveniently driven to a road in any other part of Great Britain by reason of the absence of any bridge, tunnel, ford or other way suitable for the passage of such motor vehicles but excluding any of the following islands, namely, the Isle of Wight, St. Mary’s (Isles of Scilly), the islands of Arran, Barra, Bute, Great Cumbrae, Islay, the island which comprises Lewis and Harris, Mainland Orkney, Mainland Shetland, Mull, the island which comprises North Uist, Benbecula and South Uist and Tiree;
  • (aa) “NHS invalid carriage” means a motor vehicle included in sub-category B1 (invalid carriages) that is owned by the Department for Health;
  • (b) “provisional licence", in relation to a class of vehicles, includes a full licence which is treated, by virtue of section 98 of the Traffic Act, as authorising its holder to drive vehicles of that class as if he held a provisional licence therefor;
  • (c) “qualified driver" shall be interpreted in accordance with regulation 17.

Meaning of “qualified driver"

17
  • (1) Subject to paragraphs (2) and (2A), a person is a qualified driver for the purposes of regulation 16 if he—
  • (a) is 21 years of age or over,
  • (b) holds a relevant licence,
  • (c) has the relevant driving experience, and
  • (d) in the case of a disabled driver, he is supervising a provisional licence holder who is driving a vehicle of a class included in categories B, C, D, C+E, or D+E and would in an emergency be able to take control of the steering and braking functions of the vehicle in which he is a passenger.
  • (2) In the case of a person who is a member of the armed forces of the Crown acting in the course of his duties for naval, military or air force purposes sub-paragraphs (a) and (c) of paragraph (1) shall not apply.
  • (2A) For the purposes of supervising the holder of a provisional licence driving a vehicle of a class included in sub-category C1, C1+E, D1 or D1+E (“the learner vehicle”) which the holder is authorised to drive by that licence, a person is not a qualified driver unless that person has, in addition to meeting the requirements specified in paragraph (1), passed a test in which the vehicle used in the practical test fell within the same sub-category as that of the learner vehicle , or such a person gained their entitlement to drive vehicles included in such sub-categories on or after 15th November 2021.
  • (3) For the purposes of this regulation—
  • (a) “disabled driver" means a person who holds a relevant licence which is limited by virtue of a declaration made with his application for the licence or a notice served under section 92(5)(b) of the Traffic Act to vehicles of a particular class;
  • (b) “full licence" includes a full Northern Ireland licence and a Community licence;
  • (c) “relevant licence” means, subject to sub-paragraph (d), a full licence authorising—
  • (i) the driving of vehicles of the same class as the vehicle being driven by the provisional licence holder, and
  • (ii) where sub-paragraph (f) applies—
  • (aa) where that class of vehicle is included within any sub-category specified in column 1 of the table at the end of this regulation, the driving of vehicles in the sub-category specified in column 2 which is opposite that sub-category, or
  • (bb) where sub-paragraph (aa) does not apply, the driving of vehicles in the category specified in column 2 of that table which is opposite the category specified in column 1 that includes the class of vehicle being driven by the provisional licence holder;
  • (d) in the case of a disabled driver who holds a licence authorising the driving of vehicles in category B, a relevant licence must authorise the driving of a quadricycle or vehicles in sub-category B1 (invalid carriages);
  • (e) ... a person has relevant driving experience if—
  • (i) where sub-paragraph (c)(i) only applies, he has held the relevant licence for a period of 3 years, or
  • (ii) where sub-paragraph (c)(ii) applies, he has held the relevant licence authorising the driving of vehicles—
  • (aa) of the same class as the vehicle being driven by the provisional licence holder for a minimum period of 1 year, and
  • (bb) in the category or sub-category specified in column 2 described in sub-paragraph (c)(ii) for a minimum period of 3 years;
  • (ea) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (f) this sub-paragraph applies where—
  • (i) a person holds a full licence authorising the driving of vehicles of the same class as the vehicle being driven by the provisional licence holder;
  • (ii) that class is included in a category or sub-category specified in column 1 of the table at the end of this regulation, and
  • (iii) that person has held that licence for less than a minimum period of 3 years;
  • (g) for the purposes of sub-paragraphs (e) and (f), the minimum period of time for holding a full licence may be met either by holding that licence continuously for that period or for periods amounting in aggregate to not less than that period.
Column 1 Column 2
Categories and sub-categories which include the vehicle being driven by the provisional licence holder Categories and sub-categories authorised by the relevant licence
C C + E, D and D + E
C1 C1 + E, D1 and D1 + E
C+E C and D + E
C1+E C, C1, and D1 + E
D C, C + E and D + E
D1 C1, C1 + E and D1 + E
D+E C + E and D
D1+E C1 + E, D and D1

Conditions attached to provisional licences: holders of driving permits other than licences granted under Part III of the Traffic Act

18

A holder of a provisional licence authorising the driving of vehicles of any class who also holds a permit by virtue of which he is at any time—

  • (a) treated, by virtue of regulation 80, as the holder, for the purposes of section 87 of the Traffic Act, of a licence authorising the driving of vehicles of that class, or
  • (b) entitled, pursuant to article 2(1) of the Motor Vehicles (International Circulation) Order 1975 , to drive motor vehicles of that class,

need not comply with regulation 16 at that time.

Full licences and provisional entitlement

19
  • (1) Sections 98(2) and 99A(5) of the Traffic Act shall apply in accordance with the following paragraphs.
  • (2) Subject to paragraphs (3), (4), (5), (6), (11) and (12), the holder of a full licence which authorises the driving of motor vehicles of a class included in a category or sub-category specified in column (1) of the table at the end of this regulation may drive motor vehicles—
  • (a) of other classes included in that category or sub-category, and
  • (b) of a class included in each category or sub-category specified, in relation to that category or sub-category, in column (2) of the table,

save where he is the holder of a full licence which authorises the driving of motor vehicles of a class included in that category or sub-category, as if he were authorised by a provisional licence to do so.

  • (3) Section 98(2) shall not apply to a full licence if it authorises the driving only of motor vehicles adapted on account of a disability, whether pursuant to an application in that behalf made by the holder of the licence or pursuant to a notice served under section 92(5)(b) of the Traffic Act.
  • (4) Section 98(2) shall not authorise a person who has not passed a test of competence to drive a moped or a motor bicycle to drive a category P vehicle or a category Q vehicle other than an electric scooter being used in a trial.
  • (4A) In the case of a full licence granted before 19th January 2013 which authorises the driving of a class of standard motor bicycles, other than motor bicycles with an engine the maximum net power output of which is 11 kilowatts or less, section 98(2) shall not apply so as to authorise the driving of an A3 motorcycle before the expiration of the standard access period.
  • (4B) Section 98(2) shall not apply so as to authorise the driving, as if authorised by a provisional licence, of vehicles of any class included in category B96.
  • (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (6) In the case of a full licence which authorises the driving of a class of vehicles included in category C or C+E, paragraph (2) applies subject to the provisions of regulation 54.
  • (7) Subject to paragraphs (8), (9), (10), (11) and (12), the holder of a Community licence to whom section 99A(5) of the Traffic Act applies and who is authorised to drive in Great Britain motor vehicles of a class included in a category or sub-category specified in column (1) of the Table at the end of this regulation may drive motor vehicles—
  • (a) of other classes included in that category or sub-category, and
  • (b) of a class included in each category or sub-category specified, in relation to that category or sub-category, in column (2) of the Table,

as if he were authorised by a provisional licence to do so.

  • (8) Section 99A(5) shall not apply to a Community licence if it authorises the driving only of motor vehicles adapted on account of a disability.
  • (9) In the case of a Community licence granted before 19th January 2013 which authorises the driving of a class of standard motor bicycle other than bicycles included in sub-category A1, section 99A(5) shall not apply so as to authorise the driving of an A3 motorcycle by a person under the age of 21 before the expiration of the period of two years commencing on the date when that person passed a test for a licence authorising the driving of that class of standard motor bicycle (and in calculating the expiration of that period, any period during which that person has been disqualified for holding or obtaining a licence shall be disregarded).
  • (10) In the case of a Community licence which authorises the driving only of motor bicycles of a class included in sub-category A1 section 98(2) shall not apply so as to authorise the driving of an A3 motorcycle by a person under the age of 21.
  • (11) Except to the extent provided in paragraph (12), section 98(2) shall not apply to a full licence, and section 99A(5) shall not apply to a Community licence, in so far as it authorises its holder to drive motor vehicles of any class included in category ... C+E, D+E or K or in sub-category B1 (invalid carriages), C1 or D1 (not for hire or reward).
  • (12) A person—
  • (a) who holds a full licence authorising the driving only of those classes of vehicle included in a category or sub-category specified in paragraph (11) which have automatic transmission (and are not otherwise adapted on account of a disability), or
  • (b) who holds a Community licence, to whom section 99A(5) of the Traffic Act applies and who is authorised to drive in Great Britain only those classes of vehicle included in a category or sub-category specified in paragraph (11) which have automatic transmission (and are not otherwise adapted on account of a disability),

may drive motor vehicles of all other classes included in that category or sub-category which have manual transmission as if he were authorised by a provisional licence to do so.

(1) Full licence held (2) Provisional entitlement included
AM A, B, F and K
A1 A, B, F and K
A2 A, B, F and K
A3 B, F and K
B A, ... G and H
C1 None
C C1+E, C+E
C1 + E C, C + E
C + E None
D1 C1, C1 + E, C, C + E, D1 + E, D and D + E
D C1, C1 + E, C, C + E, D1 + E and D + E
D1 + E C1, C1 + E, C, C + E, D and D + E
D + E C1, C1 + E, C, C + E
F Q, AM and B
G H
H G

Miscellaneous

Signatures on licences

20

In order that a licence may show the usual form of signature of its holder—

  • (a) where the Secretary of State so requires, a person applying for a licence shall provide the Secretary of State with a specimen of his signature which can be electronically recorded and reproduced on the licence;
  • (b) where no such requirement is made, a person to whom a licence is granted shall forthwith sign it in ink in the space provided.

Lost or defaced licences

21
  • (1) If the holder of a licence—
  • (a) satisfies the Secretary of State that—
  • (i) the licence ... has been lost or defaced; and
  • (ii) the holder is entitled to continue to hold the licence; and
  • (b) pays the fee prescribed by regulation 14,

the Secretary of State shall, on the surrender of any licence that has not been lost, issue to him a duplicate licence and the duplicate so issued shall have the same effect as the original..

  • (2) If at any time while a duplicate licence is in force the original licence is found, the person to whom the original licence was issued, if it is in his possession, shall return it to the Secretary of State, or if it is not in his possession, but he becomes aware that it is found, shall take all reasonable steps to take possession of it and if successful shall return it as soon as may be to the Secretary of State.
  • (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exchangeable licences

21A
  • (1) Where an exchangeable licence is exchanged for a licence such an exchange must be recorded on the licence and on any subsequent renewal or replacement.
  • (2) An exchange as described in paragraph (1) may only occur if the exchangeable licence has been surrendered to the Secretary of State.

Prohibition on holding more than one licence

21B
  • (1) A person must not hold more than one licence.
  • (2) In this regulation, “licence” includes a Northern Ireland licence and a Community licence.
  • (3) In this regulation, “Community licence” does not include a document authorising the holder to drive a motor vehicle which was issued by a state before the date on which that state became a member State or the date on which that state became a party to the EEA agreement.

PART III — TESTS OF COMPETENCE TO DRIVE

Preliminary

Interpretation of Part III

22

In this Part of these Regulations—

  • “applicant in person" means a person making an application for an appointment for a test or a part of a test with a view to taking the test or that part thereof himself;
  • “appointed person” means—in the case of a safe road use test, a person appointed by the Secretary of State to conduct such a test under paragraph (1)(a) of regulation 22A; ...in the case of a theory test, a person appointed by the Secretary of State to conduct such a test under paragraph (1)(a)(ii) or (2)(a) of regulation 23; and in the case of a large vehicle off road manoeuvres test, a large vehicle off road manoeuvres test examiner;
  • “the CPC subjects” means the list of subjects set out in section 1 of Annex I to Directive 2003/59/EC of the European Parliament and of the Council of 15 July 2003 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers, amending Council Regulation (EEC) No. 3820/85 and Council Directive 91/439/EEC and repealing Council Directive 76/914/EEC in so far as these subjects are not already covered by the matters specified in regulation 40C(5) in respect of a vehicle of the relevant class , reading point 2.1 of section 1 of Annex 1 as if the references to Regulations (EEC) No 3820/85 and (EEC) No 3821/85 were references to Regulation (EC) No 561/2006 on the harmonisation of certain social legislation relating to road transport and to Regulation (EU) No 165/2014 on tachographs in road transport;
  • “DVSA examiner" means a person appointed by the Secretary of State to conduct manoeuvres tests, large vehicle off road manoeuvres tests, practical tests or unitary tests under paragraph (1)(a) or (2)(a) of regulation 24;
  • “educational qualification” means—a qualification awarded by Qualifications Scotland pursuant to section 2(1) of the Education (Scotland) Act 2025;a qualification accredited by Qualifications Scotland pursuant to section 4(1) of the Education (Scotland) Act 2025;......a qualification which has been awarded or authenticated by an awarding body recognised for either of those purposes by the Office of Qualifications and Examinations Regulation (“Ofqual”) under section 132 of the Apprenticeships, Skills, Children and Learning Act 2009 and, where that qualification is subject to the accreditation requirement under section 138 of that Act, which has been accredited by Ofqual under section 139 of that Act; ora qualification which has been awarded by a body in respect of the award of which it is recognised by Qualifications Wales under Part 3 of the Qualifications Wales Act 2015;
  • “excepted matters” means the matters falling within Schedule 7, Part 2, section B paragraph 2, section C paragraph 3, section D paragraph 2, section E and section F paragraphs 1 and 3;
  • “large vehicle instructor" means a person operating an establishment for providing instruction in the driving of vehicles included in category B+E, C, C+E, D or D+E, including an establishment which provides tuition to prepare persons for the theory test;
  • “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;
  • (c) 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;
  • (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
  • (c) is to be conducted at a time specified in column (4),

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;
  • (c) ...... ... ...
  • (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
  • (c) ... pay the appropriate fee as specified in regulation 30.
  • (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
  • (c) he has kept the first appointment (whether or not the test is completed).

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
  • (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (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
  • (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 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
  • (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (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
  • (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 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,
  • (c) 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 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
  • (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 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;
  • (c) £26 if the test is to be conducted on or after 1st October 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;
  • (c) £11 if the test is to be conducted on or after 1st October 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;
  • (c) £23 if the test is to be conducted on or after 1st October 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;
  • (c) £18 if the test is to be conducted on or after 1st October 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
  • (c) pay such fee as is specified in regulation 35.
  • (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
  • (c) pay such fee as may be specified in regulation 35.
  • (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
  • (c) he has kept the first appointment (whether or not the test is completed).
  • (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

  • (c) pay such fee (recoverable from the person nominated under paragraph (4)) as is specified in regulation 35.
  • (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,
  • (c) the nature of the test, and
  • (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
  • (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 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

  • (c) pay such fee (recoverable from the person nominated under paragraph (4)) as is specified in regulation 35.
  • (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,
  • (c) the nature of the test, and
  • (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
  • (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 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

  • (c) pay such fee (recoverable from the person nominated under paragraph (4)) as may be specified in regulation 35.
  • (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,
  • (c) the nature of the test, and
  • (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
  • (c) they have kept that appointment (whether or not the test is completed).
  • (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.

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