Section 36 was substituted by the 1991 Act, section 32.
S.I. 1986/1078. The relevant amending instruments are S.I. 1987/676, 1990/1981 and 1994/329.
Word in reg. 3(1) substituted (29.12.2014) by The Road Traffic Act 1988 and Motor Vehicles (Driving Licences) (Amendment) Regulations 2014 (S.I. 2014/3190), regs. 1, 3(b)(iv)
Words in reg. 3(1) substituted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 2(h)
Reg. 3A(1)(aa) inserted (30.3.2009) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2009 (S.I. 2009/788), regs. 1(2), 4(b) (with reg. 33)
Reg. 3(1) bracket inserted (29.12.2014) by The Road Traffic Act 1988 and Motor Vehicles (Driving Licences) (Amendment) Regulations 2014 (S.I. 2014/3190), regs. 1, 3(a)
Words in reg. 3(1) inserted (1.2.2001) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2001 (S.I. 2001/53), regs. 1, 3
Words in reg. 3 inserted (30.3.2009) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2009 (S.I. 2009/788), regs. 1(2), 3(a) (with reg. 33)
Word in reg. 3A(1)(aa) omitted (1.5.2010) by virtue of The Motor Vehicles (Driving Licences) (Amendment) Regulations 2010 (S.I. 2010/1203), regs. 1(2), 4(a)
Reg. 3A(1)(ab) inserted (1.5.2010) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2010 (S.I. 2010/1203), regs. 1(2), 4(b)
Words in reg. 3 substituted (30.3.2009) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2009 (S.I. 2009/788), regs. 1(2), 3(c) (with reg. 33)
Words in reg. 3 inserted (15.8.2013) by The Motor Vehicles (Driver Testing and Vehicle Load) Regulations 2013 (S.I. 2013/1753), regs. 1(1), 2(2)(a)
Words in reg. 3 inserted (1.5.2010) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2010 (S.I. 2010/1203), regs. 1(2), 3
Words in reg. 3 inserted (7.7.2008) by The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2008 (S.I. 2008/1435), regs. 1(1), 3(1)(a) (with reg. 22)
Words in reg. 3(1) inserted (1.1.2001) by The Motor Vehicles (Driving Licences) (Amendment)(No. 2) Regulations 2000 (S.I. 2000/3157), regs. 1, 3
Reg. 3A inserted (7.7.2008) by The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2008 (S.I. 2008/1435), regs. 1(1), 3(2) (with reg. 22)
Words in reg. 3 omitted (7.7.2008) by virtue of The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2008 (S.I. 2008/1435), regs. 1(1), 3(1)(d) (with reg. 22)
Words in reg. 3(1) substituted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 2(e)
Words in reg. 3(1) inserted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 2(f)
Words in reg. 3 inserted (7.7.2008) by The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2008 (S.I. 2008/1435), regs. 1(1), 3(1)(b) (with reg. 22)
Word in reg. 3(1) inserted (29.12.2014) by The Road Traffic Act 1988 and Motor Vehicles (Driving Licences) (Amendment) Regulations 2014 (S.I. 2014/3190), regs. 1, 3(b)(v)
Words in reg. 3 inserted (30.3.2009) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2009 (S.I. 2009/788), regs. 1(2), 3(b) (with reg. 33)
Words in reg. 3(1) inserted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 2(c)
Word in reg. 3(1) inserted (29.12.2014) by The Road Traffic Act 1988 and Motor Vehicles (Driving Licences) (Amendment) Regulations 2014 (S.I. 2014/3190), regs. 1, 3(b)(iii)
Words in reg. 3(1) inserted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 2(b)
Words in reg. 3(1) omitted (19.1.2013) by virtue of The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 2(d)
Words in reg. 3(1) inserted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 2(a)
Word in reg. 3A(1)(a) omitted (30.3.2009) by virtue of The Motor Vehicles (Driving Licences) (Amendment) Regulations 2009 (S.I. 2009/788), regs. 1(2), 4(a) (with reg. 33)
Words in reg. 3 substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 2 (with arts. 1(3), 2, 7)
Words in reg. 3(1) substituted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 2(g)
Words in reg. 3 inserted (15.8.2013) by The Motor Vehicles (Driver Testing and Vehicle Load) Regulations 2013 (S.I. 2013/1753), regs. 1(1), 2(2)(b)
Word in reg. 3(1) substituted (29.12.2014) by The Road Traffic Act 1988 and Motor Vehicles (Driving Licences) (Amendment) Regulations 2014 (S.I. 2014/3190), regs. 1, 3(b)(i)
Words in reg. 3 inserted (15.8.2013) by The Motor Vehicles (Driver Testing and Vehicle Load) Regulations 2013 (S.I. 2013/1753), regs. 1(1), 2(2)(c)
Word in reg. 3(1) inserted (29.12.2014) by The Road Traffic Act 1988 and Motor Vehicles (Driving Licences) (Amendment) Regulations 2014 (S.I. 2014/3190), regs. 1, 3(b)(ii)
Words in reg. 3 inserted (7.7.2008) by The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2008 (S.I. 2008/1435), regs. 1(1), 3(1)(c) (with reg. 22)
These Regulations may be cited as the Motor Vehicles (Driving Licences) Regulations 1999 and shall come into force on 12th November 1999.
The regulations specified in Schedule 1 are hereby revoked.
Subject to otherwise herein provided, and without prejudice to the operation of sections 16 and 17 of the Interpretation Act 1978
In these Regulations, unless the context otherwise requires, the following expressions have the following meanings—
“1981 Act" means the Public Passenger Vehicles Act 1981
“1985 Act" means the Transport Act 1985
“A1 motor tricycle” means a motor tricycle with a power not exceeding 15 kilowatts;
“A2 motorcycle” means a motor bicycle of a power not exceeding 35 kilowatts, with a power to weight ratio not exceeding 0.2 kilowatts per kilogram and not being derived from a vehicle of more than double its power;
“A3 motorcycle” means a motor bicycle—
of a power exceeding 35 kilowatts or with a power to weight ratio exceeding 0.2 kilowatts per kilogram; or
of a power not exceeding 35 kilowatts with a power to weight ratio not exceeding 0.2 kilowatts per kilogram and derived from a vehicle of more than double its power;
“A3 motor tricycle” means a motor tricycle with a power exceeding 15 kilowatts;
“ambulance" means a motor vehicle which—
is constructed or adapted for, and used for no other purpose than, the carriage of sick, injured or disabled people to or from welfare centres or places where medical or dental treatment is given, and
is readily identifiable as such a vehicle by being marked “Ambulance" on both sides;
“appropriate driving test" and “extended driving test" have the same meanings respectively as in section 36 of the Offenders Act
“category Q vehicle” means a motor vehicle with less than four wheels which—
if propelled by an internal combustion engine, has a cylinder capacity not exceeding 50 cubic centimetres and, if not equipped with pedals by means of which the vehicle is capable of being propelled, has a maximum design speed not exceeding 25 kilometres per hour; and
if propelled other than by an internal combustion engine, has a maximum design speed not exceeding 25 kilometres per hour;
“Construction and Use Regulations" means the Road Vehicles (Construction and Use) Regulations 1986
“controlled by a pedestrian" in relation to a vehicle means that the vehicle either—
is constructed or adapted for use under such control; or
is constructed or adapted for use either under such control or under the control of a person carried on it but is not for the time being in use under, or proceeding under, the control of a person carried on it;
any period during which a person is disqualified under section 34 or 35 of the Offenders Act;
in a case where a person is or has been disqualified under section 36 of the Offenders Act, the period beginning on the date of the court order under subsection (1) of that section and ending on the date when the disqualification is deemed by virtue of that section to have expired;
in a case where a person’s licence or test pass certificate has been revoked by the Secretary of State under section 3 of, or Schedule 1 to, the Road Traffic (New Drivers) Act 1995, the period beginning on the date of the notice of revocation under that Act and ending on the date when the person whose certificate or licence, as appropriate, has been revoked passes the relevant driving test within the meaning of that Act; and
any period during which a person’s licence has ceased to be in force;
“dual purpose vehicle" means a motor vehicle which is constructed or adapted both to carry or haul goods and to carry more than eight persons in addition to the driver;
“exempted goods vehicle" and “exempted military vehicle" have the meanings respectively given in regulation 51;
“extended driving test" means a test of a kind prescribed by regulation 41;
in England or Wales, by a fire and rescue authority (as determined under section 1 of the Fire and Rescue Services Act 2004); or
in Scotland, by the Scottish Fire and Rescue Service (as established under section 1A of the Fire (Scotland) Act 2005
“full", in relation to a licence of any nature, means a licence granted otherwise than as a provisional licence;
“Group 1 licence" and “Group 2 licence" have the meanings respectively given in regulation 70;
made of plastic or metal;
designed for the storage and transport of fluids;
with a capacity of 1,000 litres;
having its capacity clearly marked on its exterior; and
filled to capacity with water;
“incomplete large vehicle" means—
an incomplete motor vehicle, typically consisting of a chassis and a complete or incomplete cab, which is capable of becoming, on the completion of its construction, a medium-sized or large goods vehicle or a passenger-carrying vehicle, or
a vehicle which would be an articulated goods vehicle but for the absence of a fifth-wheel coupling,
and which is not drawing a trailer;
“LGV trainee driver’s licence" has the meaning given in regulation 54;
“maximum authorised mass"—
in relation to a goods vehicle, has the same meaning as “permissible maximum weight" in section 108(1) of the Traffic Act,
in relation to an incomplete large vehicle, means its working weight, and
in relation to any other motor vehicle or trailer, has the same meaning as “maximum gross weight" in regulation 3(2) of the Construction and Use Regulations;
“maximum speed" means the speed which the vehicle is incapable, by reason of its construction, of exceeding on the level under its own power when fully laden;
“mobile project vehicle" means a vehicle which has a maximum authorised mass exceeding 3.5 tonnes, is constructed or adapted to carry not more than eight persons in addition to the driver and carries principally goods or burden consisting of—
play or educational equipment and articles required in connection with the use of such equipment, or
articles required for the purposes of display or of an exhibition,
and the primary purpose of which is use as a recreational, educational or instructional facility when stationary;
“module 1 statement of failure” means a statement in the form set out in Part 2 of Schedule 10D regarding the failing of a manoeuvres test;
“Northern Ireland test" means a test of competence to drive conducted under the law of Northern Ireland;
“Offenders Act" means the Road Traffic Offenders Act 1988
“passenger-carrying vehicle recovery vehicle" means a vehicle (other than an articulated goods vehicle combination as defined in section 108(1) of the Traffic Act) which—
has an unladen weight not exceeding 10.2 tonnes,
is being operated by the holder of a PSV operator’s licence, and
is being used for the purpose of—
proceeding to, or returning from, a place where assistance is to be, or has been, given to a damaged or disabled passenger-carrying vehicle; or
giving assistance to or moving a disabled passenger-carrying vehicle or moving a damaged vehicle;
“penalty points" means penalty points attributed to an offence under section 28 of the Offenders Act;
“power to weight ratio", in relation to a motor bicycle, means the ratio of the maximum net power output of the engine of the vehicle to its weight (including the weight of any side-car) with—
a full supply of fuel in the tank,
an adequate supply of other liquids needed for its propulsion, and
no load other than its normal equipment, including loose tools;
“practical test" means a practical test of driving skills and behaviour or, where a test is by virtue of these Regulations required to be conducted in two
includes such a test conducted as part of an extended driving test; and
excludes the manoeuvres test
“propelled by electrical power", in relation to a motor vehicle, means deriving motive power solely from an electrical storage battery carried on the vehicle and having no connection to any other source of power when the vehicle is in motion;
“PSV operator’s licence" has the meaning given by section 82(1) of the 1981 Act;
in the case of a motor bicycle without a side-car, a motor bicycle the engine of which has a maximum net power output not exceeding 25 kilowatts and a power to weight ratio not exceeding 0.16 kilowatts per kilogram, or
in the case of a motor bicycle and side-car combination, a combination having a power to weight ratio not exceeding 0.16 kilowatts per kilogram;
“test" means any test of competence to drive conducted pursuant to section 89 of the Traffic Act including an extended driving test;
“test pass certificate" means a certificate in the form specified in regulation 48(1)(a);
“Traffic Act" means the Road Traffic Act 1988;
an IBC; or
training load packages that are all marked with the same nominal quantity by weight;
“training load package” means a product packaged in a transparent sealed bag so that the combination of the product and the individual bag in which it is packed is either or both of the following—
a “package” to which the Weights and Measures (Packaged Goods) Regulations 2006 “the 2006 Regulations” or the Weights and Measures (Packaged Goods) Regulations (Northern Ireland) 2011 “the 2011 Regulations” apply,
that nominal quantity by weight so marked on the package is no less than 10kg; or
a “prepackage” to which Council Directive 76/211/EEC applies,
the nominal quantity by weight so marked on the prepackage is no less than 10kg;
“unitary test" means a test which, by virtue of these Regulations, is to consist of a single test of both practical driving skills and behaviour and knowledge of the Highway Code and other matters and includes such a test conducted as an extended driving test;
“unladen weight" has the same meaning as in regulation 3(2) of the Construction and Use Regulations and, in the case of a road roller, includes the weight of any object for the time being attached to the vehicle, being an object specially designed to be so attached for the purpose of temporarily increasing the vehicle’s weight;
“vehicle with automatic transmission" means a class of vehicle in which either—
the driver is not provided with any means whereby he may vary the gear ratio between the engine and the road wheels independently of the accelerator and the brakes, or
he is provided with such means but they do not include a clutch pedal or lever which he may operate manually,
(and accordingly a vehicle with manual transmission is any other class of vehicle);
“working weight" means the weight of a vehicle in working condition on a road but exclusive of the weight of any liquid coolant and fuel used for its propulsion.
In these Regulations, unless the context otherwise requires—
a reference to a licence being in force is a reference to it being in force in accordance with section 99 of the Traffic Act, save that for the purpose of these Regulations a licence shall remain in force notwithstanding that it is—
surrendered to the Secretary of State or is revoked otherwise than by notice under section 93(1) or (2) of the Traffic Act (revocation because of disability or prospective disability), or
treated as revoked by virtue of section 37(1) of the Offenders Act, and
a reference to the expiry of a licence is a reference to the time at which it ceases to be so in force (and “expired" shall be construed accordingly).
Except where otherwise expressly provided, any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation or Schedule bearing that number in these Regulations, and any reference to a numbered paragraph (otherwise than as part of a reference to a numbered regulation) is a reference to the paragraph bearing that number in the regulation or Schedule in which the reference occurs.
Where a statement or certificate (but not a distinguishing mark specified in regulation 16) is required under these Regulations to be in a form prescribed herein, the reference is to a certificate or statement in that form (or as nearly in that form as circumstances permit), adapted to the circumstances of the case and duly completed and signed where required.
For the purposes of section 97(3)(d) of the Traffic Act and these Regulations the date of first use of a motor bicycle means—
except in a case to which paragraph (b) applies, the date on which it was first registered under the Roads Act 1920, the Vehicles (Excise) Act 1949
in the case of a motor bicycle which was used in any of the following circumstances before the date on which it was first registered, namely:—
where the bicycle was used under a trade licence as defined in section 16 of the Vehicles (Excise) Act 1971, otherwise than for the purposes of demonstration or testing or of being delivered from premises of the manufacturer by whom it was made, or of a distributor of vehicles or dealer in vehicles to premises of a distributor of vehicles, dealer in vehicles or purchaser thereof, or to premises of a person obtaining possession thereof under a hiring agreement or hire purchase agreement,
where the bicycle belonged to the Crown and is or was used or appropriated for use for naval, military or air force purposes,
where the bicycle belonged to a visiting force or a headquarters or defence organisation to which the Visiting Forces and International Headquarters (Application of Law) Order 1965
where the bicycle had been used on roads outside Great Britain and was imported into Great Britain, or
where the bicycle had been used otherwise than on roads after being sold or supplied by retail and before being registered,
the date of manufacture of the bicycle.
In paragraph (5)(b)(v) “sold or supplied by retail" means sold or supplied otherwise than to a person acquiring solely for the purpose of re-sale or re-supply for a valuable consideration.
In these Regulations, “theory test” means—
where a test is to be conducted, by virtue of regulation 40(2), in two parts, the part, described in regulation 40(2)(a), which consists of the standard test of driving theory and the standard test of hazard perception;
where a test is to be conducted, by virtue of regulation 40(1A), in three parts, the part, described in regulation 40(1A)(a), which consists of the standard test of driving theory and the standard test of hazard perception;
the part of a test which consists of the abridged standard test of driving theory and the standard test of hazard perception where the test is to be conducted in—
three parts by virtue of regulation 40(2B); or
two parts by virtue of regulation 40(2C); and
in any other case, each of the large vehicle test of driving theory and the large vehicle test of hazard perception.
Any reference in these Regulations to a “theory test” includes such a test conducted as part of an extended driving test.