[F140A.—(1) Where a test is required to be conducted in two parts [F2pursuant 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 [F3or 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 F4... for a practical test in respect of a motor vehicle of a class included in [F5category 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
[F6(ii)a certificate relating to the passing of the part of the Northern Ireland test referred to in sub-paragraph (a).]
[F7(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 [F8AM 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 [F8AM 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 [F8AM 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.]
(2) Where a test is required to be conducted in three parts [F9pursuant to regulation 40(3)], a person taking the test—
(a)must pass the large vehicle test of driving theory and the large vehicle test of hazard perception [F10or have passed, within the last 2 years, those parts of a Northern Ireland test concerning the theory of driving vehicles in category C or D (including hazard perception),] before he takes the 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)) for a practical test in respect of a motor vehicle of a class included in category C or D until he has been furnished with —
(i)a valid large vehicle theory test pass certificate in respect of that category; or
[F11(ii)a certificate or certificates relating to the passing of those parts of the Northern Ireland test referred to in sub-paragraph (a).]]
Textual Amendments
F1Regs. 40A-40C inserted (7.7.2008) by The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2008 (S.I. 2008/1435), regs. 1(1), 14 (with reg. 22)
F2Words in reg. 40A(1) inserted (1.5.2010) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2010 (S.I. 2010/1203), regs. 1(2), 19
F3Words in reg. 40A(1)(a) inserted (30.3.2009) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2009 (S.I. 2009/788), regs. 1(2), 19(a)(i) (with reg. 33)
F4Words in reg. 40A(1)(b) omitted (30.3.2009) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2009 (S.I. 2009/788), regs. 1(2), 19(a)(ii)(aa) (with reg. 33)
F5Words in reg. 40A(1)(b) substituted (30.3.2009) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2009 (S.I. 2009/788), regs. 1(2), 19(a)(ii)(bb) (with reg. 33)
F6Reg. 40A(1)(b)(ii) substituted (30.3.2009) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2009 (S.I. 2009/788), regs. 1(2), 19(a)(ii)(cc) (with reg. 33)
F7Reg. 40A(1A) inserted (30.3.2009) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2009 (S.I. 2009/788), regs. 1(2), 19(b) (with reg. 33)
F8Words in reg. 40A(1A) substituted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 24
F9Words in reg. 40A(2) (30.3.2009) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2009 (S.I. 2009/788), regs. 1(2), 19(c)(i) (with reg. 33)
F10Words in reg. 40A(2) inserted (30.3.2009) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2009 (S.I. 2009/788), regs. 1(2), 19(c)(ii) (with reg. 33)
F11Words in reg. 40A(2)(b)(ii) inserted (30.3.2009) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2009 (S.I. 2009/788), regs. 1(2), 19(c)(iii) (with reg. 33)