- Latest available (Revised)
- Original (As made)
There are currently no known outstanding effects for the The Motor Vehicles (Driving Licences) Regulations 1999, Section 40.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
[F140.—(1) This regulation and regulations 40A to 40C apply to tests other than extended driving tests and are subject to regulation 42.
[F2(1A) The test for a licence authorising the driving of a motor vehicle in category [F3AM 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.]
[F4(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.]
[F5(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.]
[F6(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 [F7large vehicle off road manoeuvres test and] practical test for category C+E, F8...
[F9(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 [F10large 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 [F11large 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 [F12large vehicle off road manoeuvres test and] practical test for category D + E; and]
(b)in any other case, shall consist of [F13a 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.]
Textual Amendments
F1Reg. 40 substituted (7.7.2008) by The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2008 (S.I. 2008/1435), regs. 1(1), 13 (with reg. 22)
F2Reg. 40(1A)(1B) inserted (30.3.2009) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2009 (S.I. 2009/788), regs. 1(2), 18(a) (with reg. 33)
F3Words in reg. 40(1A) substituted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 23
F4Reg. 40(2)-(2C) substituted for reg. 40(2) (1.5.2010) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2010 (S.I. 2010/1203), regs. 1(2), 18
F5Reg. 40(3) substituted (15.11.2021 at 1.00 a.m.) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1154), regs. 1(2), 16(a)
F6Reg. 40(3A) inserted (15.11.2021 at 1.00 a.m.) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1154), regs. 1(2), 16(b)
F7Words in reg. 40(4)(a) inserted (15.11.2021 at 1.00 a.m.) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1154), regs. 1(2), 16(c)(i)
F8Word in reg. 40(4) omitted (15.11.2021) by virtue of The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2021 (S.I. 2021/1251), regs. 1(2), 6(a) (with reg. 9)
F9Reg. 40(4)(aa)-(ac) inserted (15.11.2021) by The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2021 (S.I. 2021/1251), regs. 1(2), 6(b) (with reg. 9)
F10Words in reg. 40(4)(aa) inserted (15.11.2021 at 1.00 a.m.) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1154), regs. 1(2), 16(c)(ii)
F11Words in reg. 40(4)(ab) inserted (15.11.2021 at 1.00 a.m.) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1154), regs. 1(2), 16(c)(iii)
F12Words in reg. 40(4)(ac) inserted (15.11.2021 at 1.00 a.m.) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1154), regs. 1(2), 16(c)(iv)
F13Words in reg. 40(4)(b) inserted (15.11.2021 at 1.00 a.m.) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1154), regs. 1(2), 16(c)(v)
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: