The Motor Vehicles (Driving Licences) Regulations 1996

Upgrading of entitlements by virtue of passing second test

42.—(1) A person who has passed tests prescribed in respect of—

(a) category D or sub-category D1 as specified in column (1) of Table A in Schedule 9, and

(b) category C + E or sub-category C1 + E as respectively specified at the top of columns (2) and (3) of Table A,

is deemed, subject to paragraph (2), competent to drive (in addition to the classes of motor vehicle in respect of which the tests were passed) vehicles included in the category or sub-category shown in column (2) or (3) of Table A in relation to the relevant test pass in column (1).

(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 prescribed in respect of—

(a) a category or sub-category specified in column (A) of Table B in Schedule 9 which authorises the driving only of classes of vehicle having automatic transmission, and

(b) a category or sub-category specified at the top of one of the columns in that table numbered (1) to (8), which authorises the driving of vehicles with manual transmission,

is deemed, subject to paragraph (7), 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 in relation to the relevant test pass mentioned in column (A).

(4) In the case of a person who has passed a test for a licence authorising the driving of any class of vehicles in category D not more than 5.5 metres in length, Tables A and B shall be read as if—

(a) for “D” there were substituted “vehicles in category D not more than 5.5 metres in length”, and

(b) for “D + E” there were substituted “vehicles in category D + E where the tractor vehicle is not more than 5.5 metres in length”,

in each case where those expressions occur.

(5) In the case of a person who holds a licence which, by virtue of these Regulations, authorises the driving of a class of vehicles in category D otherwise than for hire or reward (notwithstanding that he may not have passed a test authorising the driving of such vehicles), Tables A and B shall be read as if—

(a) for “D” there were substituted “vehicles in category D, driven otherwise than for hire or reward”, and

(b) for “D + E” there were substituted “vehicles in category D + E driven otherwise than for hire or reward”,

(6) In the case of a person who has passed a test for a licence authorising the driving of vehicles in category C + E which are drawbar trailer combinations, Tables A and B shall be read as if, in the relevant columns of those tables—

(a) for “C + E” there were substituted “vehicles in category C + E which are drawbar trailer combinations”, and

(b) for “C1 + E” there were substituted “vehicles in sub-category C1 + E which are drawbar trailer combinations”.

(7) Where, in Table B, the upgrade category is qualified by the expression “(a)”, the person is deemed competent to drive only such classes of vehicle therein as have automatic transmission.

(8) Where a person has passed a test prescribed in respect of category B + E which authorises the driving only of classes of vehicle having automatic transmission and a test prescribed in respect of any class of vehicle in category B, C or D which authorises the driving of vehicles with manual transmission, he is deemed competent to drive vehicles in category B + E with manual transmission.

(9) Where a person who—

(a) has passed a test prescribed in respect of category B, or

(b) is the holder of a licence, which was in force at a time before 1st January 1997, authorising the driving of motor vehicles of classes included in categories B and B + E and sub-categories C1, C1 + E (8.25 tonnes), D1 (not for hire or reward) and D1 + E (not for hire or reward),

which is limited to classes of vehicle having automatic transmission, passes a test prescribed in respect of category B + E, C or D which authorises the driving of vehicles with manual transmission, he is deemed competent to drive vehicles in category B and B + E (and, in the case mentioned in sub-paragraph (b), vehicles in sub-categories C1, C1 + E (8.25 tonnes), D1 (not for hire or reward) and D1 + E (not for hire or reward)) which have manual transmission.

(10) In this regulation—

(a) “upgrade category” means the additional category or sub-category which the person passing the tests (or holding the licence and passing the test) is deemed competent to drive by virtue of the relevant provision of this regulation, and

(b) a reference to a test or a practical test includes, as the case may be, a reference to a Northern Ireland test of competence or a Northern Ireland practical test corresponding thereto.