The Motor Vehicles (Driving Licences) Regulations 1999

Nature of tests other than extended tests

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

(2) Subject to the following provisions of this regulation and regulation 42, the test for a licence authorising the driving of a motor vehicle of a class included in category A, B, C, D, or P shall be conducted in two parts, namely—

(a) a theoretical test, and

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

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

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

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

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

(4) Where a test is required to be conducted in two parts, a person taking the test—

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

(b) shall not be entitled to apply for an appointment (or, as the case may be, be nominated pursuant to regulation 32(4) or 33(4)) for a practical test in respect of a motor vehicle of a class included in any category until he has been furnished with—

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

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

(5) A person shall be treated as having passed—

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

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

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

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

(b) fully conversant with the Highway Code, and

(c) able to comply with the specified requirements.

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

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

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

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

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

(8) The theory test shall—

(a) be conducted as an approved form of examination consisting of 35 questions, the questions being in either a multiple choice or multiple response form and testing a candidate on the specified matters in accordance with Schedule 7;

(b) have a duration of 40 minutes or, in the circumstances specified in paragraph (9), 80 minutes;

and an approved form of examination is one which is conducted in writing or by means of data recorded on equipment operating automatically in response to instructions given by the candidate.

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

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

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

TABLE

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