The Motor Vehicles (Driving Licences) Regulations 1999

• (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,

• (c) is for a licence authorising the driving of a motor vehicle of a class included in category AM or A,

• 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,

• (c) is for a licence authorising the driving of a motor vehicle of a class included in category AM or A,

• 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

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• (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

• (b) a person submitting to a practical test fails to satisfy the person conducting the test that any requirement imposed by paragraph (4) of regulation 37, by paragraph (4), (5), (7), (8), (8A) or (8B) of regulation 38 or by paragraph (1A)(c) of regulation 40A has been complied with.

• (2) Where a person—

• (a) fails to produce an appropriate licence as required under paragraph (3)(a)(i) or (5)(a) of regulation 38, or

• (b) where he has submitted himself for a manoeuvres test, large vehicle off road manoeuvres test, practical test or unitary test, fails to produce a document required to be produced in accordance with paragraph (4), (8), (8A) or (8B) of that regulation,

if the person authorised to conduct the test—

• (i) is satisfied from other evidence that the document in question exists, and

• (ii) in the case of a person who has failed to produce a licence, is satisfied that the requirements of regulation 38(3)(a)(ii) or (5)(b) have been complied with,

he may conduct the test.

• (3) Where a person with special needs has failed to give to the person conducting a theory test such notice of those needs (being not less than 15 working days) as he may reasonably require the person authorised to conduct the test may refuse to do so.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (c) the test candidate being physically disabled.

Nature and conduct of tests

Nature of tests other than extended tests

40

• (1) This regulation and regulations 40A to 40C apply to tests other than extended driving tests and are subject to regulation 42.

• (1A) The test for a licence authorising the driving of a motor vehicle in category AM or A shall be conducted in three parts, namely—

• (a) the standard test of driving theory and the standard test of hazard perception;

• (b) the manoeuvres test; and

• (c) the practical test.

• (1B) A person taking the test referred to in paragraph (1A) must—

• (a) pass all three parts; and

• (b) take all three parts in the same category or sub-category of vehicle.

• (2) Subject to paragraph (2C), the test for a licence authorising the driving of a motor vehicle of a class included in category B shall be conducted in accordance with either paragraph (2A) or paragraph (2B).

• (2A) A test conducted in accordance with this paragraph shall consist of two parts, namely—

• (a) the standard test of driving theory and the standard test of hazard perception, and

• (b) the practical test,

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

• (2B) A test conducted in accordance with this paragraph shall consist of three parts, namely—

• (a) the safe road use test,

• (b) the abridged standard test of driving theory and the standard test of hazard perception, and

• (c) the practical test,

• and a person taking such a test must pass all three parts.

• (2C) Where a person has been issued with a valid qualification award certificate, the test for a licence authorising the driving of a motor vehicle included in category B shall be conducted in two parts, namely—

• (a) the abridged standard test of driving theory and the standard test of hazard perception, and

• (b) the practical test,

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

• (3) Subject to paragraphs (3A) and (4), the test for a licence authorising the driving of a motor vehicle of a class included in category C, C + E, D or D + E shall be conducted in four parts, namely—

• (a) the large vehicle test of driving theory,

• (b) the large vehicle test of hazard perception,

• (c) the large vehicle off road manoeuvres test, and

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

and a person taking such a test must pass all four parts.

• (3A) Where a large vehicle off road manoeuvres test and practical test are to be conducted by a DVSA examiner, such tests may be conducted concurrently and the requirements of regulation 40A(2)(c) shall not apply.

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

• (a) in a case where the test is for a licence authorising the driving of vehicles in sub-category C1+E and the applicant is the holder of a full licence which was in force at a time before 1st January 1997 and authorises the driving of motor vehicles included in sub-category C1+E (8.25 tonnes) but not the driving of any other vehicles included in category C+E, shall consist of the matters prescribed in respect of the large vehicle test of driving theory for category C, the large vehicle hazard perception test and the specified requirements prescribed in respect of the large vehicle off road manoeuvres test and practical test for category C+E, ...

• (aa) in a case where the test is for a licence authorising the driving of vehicles in category C + E and the applicant is not the holder of a full licence which authorises the driving of motor vehicles included in category C, shall consist of the matters prescribed in respect of the large vehicle test of driving theory for category C, the large vehicle hazard perception test and the specified requirements prescribed in respect of the large vehicle off road manoeuvres test and practical test for category C + E;

• (ab) in a case where the test is for a licence authorising the driving of vehicles in sub-category D1 + E and the applicant is the holder of a full licence which was in force at a time before 1st January 1997 and authorises the driving of motor vehicles included in sub-category D1 + E (not for hire or reward) but not the driving of any other vehicles included in category D + E, shall consist of the matters prescribed in respect of the large vehicle test of driving theory for category D, the large vehicle hazard perception test and the specified requirements prescribed in respect of the large vehicle off road manoeuvres test and test for category D + E;

• (ac) in a case where the test is for a licence authorising the driving of vehicles in category D + E and the applicant is not the holder of a full licence which authorises the driving of motor vehicles included in category D, shall consist of the matters prescribed in respect of the large vehicle test of driving theory for category D, the large vehicle hazard perception test and the specified requirements prescribed in respect of the large vehicle off road manoeuvres test and practical test for category D + E; and

• (b) in any other case, shall consist of a large vehicle off road manoeuvres test and a practical test only.

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

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

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

• (c) able to comply with the requirements specified in regulation 40C(6) in respect of a vehicle of that class.

40A

• (1) Where a test is required to be conducted in two parts pursuant to regulation 40(2A) or (2C) or consists of three parts pursuant to regulation 40(2B), a person taking the test—

• (a) must pass the theory test or have passed, within the last 2 years, that part of a Northern Ireland test concerning the theory of driving vehicles in category B and corresponding to the theory test before he takes the practical test, and

• (b) shall not be entitled to apply for an appointment ... for a practical test in respect of a motor vehicle of a class included in category B until he has been furnished with—

• (i) a valid standard theory test pass certificate stating that he has passed the theory test prescribed in respect of that category, or

• (ii) a certificate relating to the passing of the part of the Northern Ireland test referred to in sub-paragraph (a).

• (1A) Where a test is required to be conducted in three parts pursuant to regulation 40(1A) a person—

• (a) must, pass the theory test in respect of a vehicle in category AM or A or have passed, within the last 2 years, that part of a Northern Ireland test concerning the theory of driving vehicles in category AM or A before taking the manoeuvres test;

• (b) shall not be entitled to apply for an appointment (or, as the case may be, be nominated pursuant to regulation 32(4)) for the manoeuvres test in respect of a vehicle in category AM or A until that person has been furnished with—

• (i) a valid standard theory test pass certificate stating that the person has passed the theory test in respect a vehicle in category A or P; or

• (ii) a certificate relating to the passing of the part of the Northern Ireland test referred to in sub-paragraph (a); and

• (c) must, before taking a practical test in relation to a vehicle in category A or P, or in sub-category A1, pass the manoeuvres test in respect of a vehicle in the same category or sub-category as that in respect of which the practical test is to be taken , or have passed that part of a Northern Ireland test corresponding to the manoeuvres test in respect of a vehicle in the same category or sub-category as that in respect of which the practical test is to be taken.

• (2) Where a test is required to be conducted in four parts pursuant to regulation 40(3), a person—

• (a) must pass the large vehicle test of driving theory and the large vehicle test of hazard perception or have passed, within the last 2 years, those parts of a Northern Ireland test concerning the theory of driving vehicles in category C, C + E, D or D + E (including hazard perception), before they take the large vehicle off road manoeuvres test or practical test;

• (b) shall not be entitled to apply for an appointment (or, as the case may be, be nominated pursuant to regulation 33(4) or regulation 33A(4)) for a large vehicle off road manoeuvres test or a practical test in respect of a motor vehicle of a class included in category C, C + E, D or D + E until they have been furnished with—

• (i) a valid large vehicle theory test pass certificate in respect of that category; or

• (ii) a certificate or certificates relating to the passing of those parts of the Northern Ireland test referred to in sub-paragraph (a); ...

• (c) shall not be entitled to apply for an appointment (or, as the case may be, be nominated pursuant to regulation 33(4)) for a practical test in respect of a motor vehicle of a class included in category C, C + E, D or D + E until they have been furnished with—

• (i) a valid large vehicle off road manoeuvres test pass certificate in respect of that category; or

• (ii) a certificate or certificates relating to the passing of those parts of the Northern Ireland test referred to in sub-paragraph (a); and

• (d) must, before taking a practical test in relation to a vehicle in category C, C + E, D or D + E, or in sub-category C1, C1 + E, D1 or D1 + E, have passed the large vehicle off road manoeuvres test in respect of a vehicle in the same category or sub-category and transmission as that in respect of which the practical test is to be taken within the last six months.

Content of the tests

40B

• (ZA1) The safe road use test shall—

• (a) be conducted as an approved form of examination and test a candidate’s knowledge of the matters in Schedule 7 Part 2, other than the excepted matters;

• (b) have a duration of 30 minutes or, in the circumstances specified in paragraph (6), 60 minutes.

• (1) The standard test of driving theory shall—

• (a) be conducted as an approved form of examination ... testing a candidate’s knowledge and understanding of the matters specified in regulation 40C(4) in respect of a vehicle of the relevant class; and

• (b) have a duration of 57 minutes or, in the circumstances specified in paragraph (6), 114 minutes.

• (1A) The abridged standard test of driving theory shall—

• (a) be conducted as an approved form of examination with the questions testing a candidate’s knowledge and understanding of the matters specified in Part 2 of Schedule 7; and

• (b) have a duration of 40 minutes or, in the circumstances specified in paragraph (6), 80 minutes.

• (2) The large vehicle test of driving theory shall—

• (a) be conducted as an approved form of examination consisting of 100 questions, the questions being in either multiple choice or multiple response form and testing the candidate on the matters specified in regulation 40C(5) in respect of a vehicle of the relevant class and the CPC subjects applicable to that class; and

• (b) have a duration of 115 minutes or, in the circumstances specified in paragraph (6), 230 minutes.

• (3) The standard test of hazard perception shall—

• (a) be conducted by means of the exhibition of film clips that take the perspective of the driver of a motor vehicle and show, at some point during each film clip, one or more hazards to traffic occurring on or near the road; and

• (b) require the candidate (using electronic equipment provided for the purpose and capable of recording the exact moment of each response) to indicate during each film clip the moment he observes a hazard to traffic on the road.

• (4) The large vehicle test of hazard perception shall comply with the requirements set out in paragraph (3) for the standard test of hazard perception and shall be in a form considered appropriate by the Secretary of State for testing the candidate’s competence in hazard perception in relation to vehicles in categories C and D.

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

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

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (i) in the case of a test taken before 1st September 2008 for a licence authorising the driving of a class of vehicle included in category C, C1, D or D1, not less than 50 minutes;

• (ii) in the case of a test taken on or after 1st September 2008 for a licence authorising the driving of a class of vehicle included in category C, C1, D or D1, not less than 60 minutes;

• (iii) in the case of a test for a licence authorising the driving of a class of vehicle included in category B+E, C1+E, C+E, D1+E or D+E, not less than 50 minutes; and

• (iv) in the case of any other test, not less than 30 minutes.

• (5A) The manoeuvres test may be conducted on a special testing ground or on roads.

• (5B) The large vehicle off road manoeuvres test may be conducted on a special testing ground or on roads.

• (6) The circumstances referred to in paragraphs (ZA1), (1), (1A) and (2) are that the candidate requires the assistance of a suitably qualified person at the test by virtue of having reading difficulties.

• (7) For the purposes of this regulation—

• “an approved form of examination” means a form of examination which is conducted in writing or by means of data recorded on equipment operating in response to instructions given by the candidate; and

• “film clip” means a sequence of visual images displayed electronically.

Passing the test

40C

• (ZA1) A person (“the candidate”) shall be treated as having passed the safe road use test if the candidate satisfies the person conducting the test of the candidate’s knowledge of the matters in Schedule 7 Part 2 other than the excepted matters.

• (1) A person shall be treated as having passed the theory test described in regulation 40(1A)(a) or 40(2A)(a) if he satisfies the person conducting the test—

• (a) in respect of the standard test of driving theory, of his knowledge and understanding of the specified matters; and

• (b) in respect of the standard test of hazard perception, that his performance in the test demonstrates an ability to perceive hazards on the road.

• (1A) A candidate shall be treated as having passed the theory test described in regulation 3A(1)(ab) if the candidate satisfies the person conducting the test—

• (a) in respect of the abridged standard test of driving theory, of the candidate’s knowledge and understanding of the matters specified in Part 2 of Schedule 7; and

• (b) in respect of the standard test of hazard perception, that the candidate’s performance in the test demonstrates an ability to perceive hazards on the road.

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

• (a) the large vehicle test of driving theory if he satisfies the person conducting the test of his knowledge and understanding of the specified matters and the CPC subjects; and

• (b) the large vehicle test of hazard perception if he satisfies the person conducting the test that his performance in the test demonstrates an ability to perceive hazards on the road.

• (3) A person shall be treated as having passed the manoeuvres test, large vehicle off road manoeuvres test or practical test if he satisfies the person conducting it of his ability to drive safely and to comply with the specified requirements.

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

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

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

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

• (7) The specified requirements for the manoeuvres test are those specified in Schedule 8A.

• (8) The specified requirements for the large vehicle off road manoeuvres test are those specified in Schedule 8B.

Nature of extended driving tests

41

• (1) Where a person is disqualified by order of a court under section 36 of the Offenders Act until he passes an extended driving test, the test which he must pass is a test conducted in accordance with regulations 40 to 40C as modified by virtue of paragraph (2) of this regulation.

• (2) For the purposes of an extended driving test, the provisions of regulations 40 to 40C shall apply as if regulation 40(1) were omitted and as if for sub-paragraph (c) of regulation 40B(5) there were substituted—

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

Exemption from theory test

42

• (1) A person is exempt from the requirement to pass a theory test for the purpose of obtaining a licence authorising that person to drive a motor vehicle of a class included in sub-category A1 if that person—

• (a) holds a valid standard theory test pass certificate in respect of a motor vehicle of a class included in category AM or A; or

• (b) has held, for a period of not more than two years, a Northern Ireland theory test pass certificate corresponding to the certificate mentioned in sub-paragraph (a).

• (1A) A person is exempt from the requirement to pass a theory test for the purpose of obtaining a licence authorising the driving of a motor vehicle of a class included in sub-category A2 if that person—

• (a) holds a valid standard theory test pass certificate in respect of a motor vehicle of a class included in category AM or A;

• (b) has, for a period of not less than two years, held a full licence which authorises the driving of A1 motorcycles; or

• (c) has held, for a period of not more than two years, a Northern Ireland theory test pass certificate corresponding to the certificate mentioned in sub-paragraph (a).

• (1B) A person is exempt from the requirement to pass a theory test for the purpose of obtaining a licence authorising the driving of a motor vehicle of a class included in sub-category A3 if that person—

• (a) holds a valid standard theory test pass certificate in respect of a motor vehicle of a class included in category AM or A;

• (b) has, for a period of not less than two years, held a full licence which authorises the driving of A2 motorcycles; or

• (c) has held, for a period of not more than two years, a Northern Ireland theory test pass certificate corresponding to the certificate mentioned in sub-paragraph (a).

• (1C) A person is exempt from the requirement to pass a theory test for the purpose of obtaining a licence authorising the driving of a motor vehicle of a class included in category AM or A if that person has held, for a period of not more than two years, a standard theory test pass certificate issued before 19th January 2013 in respect of a motor vehicle which—

• (a) is of a class included in former category P; or

• (b) is a motor bicycle.

• (1D) A person who has held, for a period of not more than two years, a Northern Ireland theory test pass certificate corresponding to a certificate mentioned in paragraph (1C) is exempt from the requirement to pass a theory test for the purpose of obtaining a licence authorising the driving of a motor vehicle of a class included in category AM or A.

• (1E) A person who is a full time member of the armed forces is exempt from the requirement to pass a theory test for the purpose of obtaining a licence authorising the driving of a motor vehicle of a class included in category A if that person has passed a test for a licence authorising the driving of motor vehicles of another class included in category A.

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

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (c) he has passed a Northern Ireland test of competence corresponding to the test mentioned in sub-paragraph (a) or is the holder of a Northern Ireland licence corresponding to the licence mentioned in sub-paragraph (b); or

• (d) he has passed a test for a licence authorising the driving of motor vehicles ... of another class included in category B ... and is ... a full-time member of the armed forces of the Crown.

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

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

• (b) on or after 1st January 1997, he has passed a test for a licence authorising the driving of motor vehicles of another class included in category C and is a full-time member of the armed forces of the Crown.

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

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

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

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

or a Northern Ireland licence corresponding to such a licence; or

• (b) on or after 1st January 1997, he has passed a test prescribed in respect of motor vehicles of another class included in category D and is a full-time member of the armed forces of the Crown.

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

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

Entitlements upon passing test

Entitlement upon passing a test other than an appropriate driving test

43

• (1) Where a person passes a test other than an appropriate driving test prescribed in respect of any category for a licence which (by virtue of regulation 37) authorises the driving of motor vehicles included in that category or in a sub-category thereof, or has passed a Northern Ireland test of competence corresponding to that test, the Secretary of State shall grant to him a licence in accordance with the following provisions of this regulation.

• (2) Subject to regulation 44A, the licence shall authorise the driving of all classes of motor vehicle included in that category or sub-category unless—

• (a) the test , large vehicle off road manoeuvres test, practical test (other than in relation to a vehicle of a class included in category AM or A) or two-part practical test, as the case may be, is passed on a motor vehicle with automatic transmission, in which case it shall authorise the driving only of such classes of vehicle included in that category or sub-category as have automatic transmission;

• (b) the test , large vehicle off road manoeuvres test, practical test (other than in relation to a vehicle of a class included in category AM or A) or two-part practical test, as the case may be, is passed on a motor vehicle which is adapted on account of a disability of the person taking the test, in which case it shall authorise the driving only of such classes of vehicle included in that category or sub-category as are so adapted (and for the purposes of this paragraph, a motor bicycle with a side-car may be treated in an appropriate case as a motor vehicle adapted on account of a disability).

• (3) Subject to paragraph (5), the licence shall in addition authorise the driving of all classes of motor vehicle included in a category or sub-category which is specified in column (3) of Schedule 2 as an additional category or sub-category in relation to a category or sub-category specified in column (1) of that Schedule unless—

• (a) the test , large vehicle off road manoeuvres test, practical test (other than in relation to a vehicle of a class included in category A or P) or two-part practical test, as the case may be, is passed on a motor vehicle with automatic transmission, in which case it shall (subject to paragraph (4)) authorise the driving only of such classes of vehicle included in the additional category or sub-category as have automatic transmission;

• (b) the test , large vehicle off road manoeuvres test, practical test (other than in relation to a vehicle of a class included in category A or P) or two-part practical test, as the case may be, is passed on a motor vehicle which is adapted on account of a disability of the person taking the test in which case it shall authorise the driving only of such classes of vehicle included in the additional category or sub-category as are so adapted.

• (4) Where the additional category is Q, AM, F or K, paragraph (3)(a) shall not apply.

• (5) Where a person has passed a test (or Northern Ireland test of competence corresponding to such a test) for a licence authorising the driving of vehicles included in category B, the effect of paragraph (3) in relation to the driving of vehicles in category Q or AM shall be as follows—

• (a) the licence granted by the Secretary of State shall authorise the driving of vehicles within category Q or AM if and only if—

• (i) the test was passed before 1st February 2001;

• (ii) the person concerned held at the date on which he passed the test either—

• (aa) the prescribed certificate of successful completion by him of an approved training course for motor cyclists and that certificate was at that time valid in accordance with regulation 68(2), or

• (bb) a valid certificate corresponding to such a certificate which was furnished to him under the law of Northern Ireland; ...

• (iii) the person concerned holds either—

• (aa) the prescribed certificate of successful completion by him of an approved training course for motor cyclists and that certificate was furnished to him after the date on which he passed the test, and was valid in accordance with regulation 68(2) when furnished, or

• (bb) a certificate corresponding to such a certificate which was furnished to him under the law of Northern Ireland after the date on which he passed the test and was valid when so furnished, ; or

• (iv) the vehicles in category Q are electric scooters being used in a trial and

• (b) where a certificate referred to in sub-paragraph (a)(ii) or (iii) shows that the person concerned has successfully completed an approved training course for riders of three-wheeled vehicles, the only vehicles in category Q or AM authorised by the licence to be driven shall be three-wheeled vehicles.

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

• (7) In this regulation “two-part practical test” means—

• (a) in relation to a vehicle of a class included in category AM or A, the manoeuvres test and the practical test in respect of a vehicle of a class included in category AM or A, as appropriate;

• (b) in relation to a vehicle of a class included in sub-category A1, the manoeuvres test and the practical test in respect of a vehicle of a class included in sub-category A1.

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

44

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

44A

• (1) This regulation applies where a person has passed a test (or Northern Ireland test of competence corresponding to such a test) for a licence authorising the driving of vehicles included in category AM.

• (2) Where this regulation applies the Secretary of State shall grant to the person who passed the test—

• (a) in a case where the test was passed on a three-wheeled moped or a light quadricycle, a licence authorising the driving of all vehicles having three or four wheels included in category AM;

• (b) in any other case, a licence authorising the driving of all vehicles included in category AM.

Upgrading of entitlements by virtue of passing second test

45

• (1) A person who has passed tests for a licence authorising the driving of motor vehicles included in category D and category C + E is deemed, subject to the following paragraphs of this regulation, competent to drive (in addition to the classes of motor vehicle in respect of which the tests were passed) vehicles included in the category D + E.

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

• (3) A person who has passed a test for a licence authorising the driving of—

• (a) motor vehicles included in a category or sub-category specified in column (A) of Table B in Schedule 9 which have automatic transmission, and

• (b) motor vehicles included in a category or sub-category specified at the head of one of the columns in that table numbered (1) to (10) which have manual transmission,

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