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There are currently no known outstanding effects for the The Motor Vehicles (Driving Licences) Regulations 1999, Section 40A.
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[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 [F9, or have passed that part of a Northern Ireland test corresponding to 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.]]
[F10(2) Where a test is required to be conducted in four parts pursuant to regulation 40(3), a person—
(a)must pass the large vehicle test of driving theory and the large vehicle test of hazard perception or have passed, within the last 2 years, those parts of a Northern Ireland test concerning the theory of driving vehicles in category C, C + E, D or D + E (including hazard perception), before they take the large vehicle off road manoeuvres test or 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) or regulation 33A(4)) for a large vehicle off road manoeuvres test or a practical test in respect of a motor vehicle of a class included in category C, C + E, D or D + E until they have been furnished with—
(i)a valid large vehicle theory test pass certificate in respect of that category; or
(ii)a certificate or certificates relating to the passing of those parts of the Northern Ireland test referred to in sub-paragraph (a); and
(c)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, C + E, D or D + E until they have been furnished with—
(i)a valid large vehicle off road manoeuvres test pass certificate in respect of that category; or
(ii)a certificate or certificates relating to the passing of those parts of the Northern Ireland test referred to in sub-paragraph (a); and
(d)must, before taking a practical test in relation to a vehicle in category C, C + E, D or D + E, or in sub-category C1, C1 + E, D1 or D1 + E, have passed the large vehicle off road manoeuvres test in respect of a vehicle in the same category or sub-category and transmission as that in respect of which the practical test is to be taken within the last six months.]]
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(1A)(c) inserted (31.12.2015) by The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2015 (S.I. 2015/1797), regs. 1, 6
F10Reg. 40A(2) 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), 17
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