The Motor Vehicles (Driving Licences) Regulations 1999

Changes over time for: Section 43

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Entitlement upon passing a test other than an appropriate driving testE+W+S

43.—(1) Where a person passes a test other than an appropriate driving test prescribed in respect of any category for a licence which (by virtue of regulation 37) authorises the driving of motor vehicles included in that category or in a sub-category thereof, or has passed a Northern Ireland test of competence corresponding to that test, the Secretary of State shall grant to him a licence in accordance with [F1the following provisions of this regulation].

(2) Subject to [F2[F3regulation] 44A], the licence shall authorise the driving of all classes of motor vehicle included in that category or sub-category unless—

(a)the test [F4, [F5large vehicle off road manoeuvres test,] practical test (other than in relation to a vehicle of a class included in category [F6AM or A]) or two-part practical test, as the case may be,] is passed on a motor vehicle with automatic transmission, in which case it shall authorise the driving only of such classes of vehicle included in that category or sub-category as have automatic transmission;

(b)the test [F4, [F7large vehicle off road manoeuvres test,] practical test (other than in relation to a vehicle of a class included in category [F6AM or A]) or two-part practical test, as the case may be,] is passed on a motor vehicle which is adapted on account of a disability of the person taking the test, in which case it shall authorise the driving only of such classes of vehicle included in that category or sub-category as are so adapted (and for the purposes of this paragraph, a motor bicycle with a side-car may be treated in an appropriate case as a motor vehicle adapted on account of a disability).

(3) [F8Subject to [F9paragraph (5)], the licence shall] in addition authorise the driving of all classes of motor vehicle included in a category or sub-category which is specified in column (3) of Schedule 2 as an additional category or sub-category in relation to a category or sub-category specified in column (1) of that Schedule unless—

(a)the test [F10, [F11large vehicle off road manoeuvres test,] practical test (other than in relation to a vehicle of a class included in category A or P) or two-part practical test, as the case may be,] is passed on a motor vehicle with automatic transmission, in which case it shall (subject to paragraph (4)) authorise the driving only of such classes of vehicle included in the additional category or sub-category as have automatic transmission;

(b)the test [F10, [F12large vehicle off road manoeuvres test,] practical test (other than in relation to a vehicle of a class included in category A or P) or two-part practical test, as the case may be,] is passed on a motor vehicle which is adapted on account of a disability of the person taking the test in which case it shall authorise the driving only of such classes of vehicle included in the additional category or sub-category as are so adapted.

(4) Where the additional category is [F13Q, AM, F or K], paragraph (3)(a) shall not apply.

[F14(5) Where a person has passed a test (or Northern Ireland test of competence corresponding to such a test) for a licence authorising the driving of vehicles included in category B, the effect of paragraph (3) in relation to the driving of vehicles in [F15category Q or AM] shall be as follows—

(a)the licence granted by the Secretary of State shall authorise the driving of vehicles within [F16category Q or AM] if and only if—

(i)the test was passed before 1st February 2001;

[F17(ii)the person concerned held at the date on which he passed the test either—

(aa)the prescribed certificate of successful completion by him of an approved training course for motor cyclists and that certificate was at that time valid in accordance with regulation 68(2), or

(bb)a valid certificate corresponding to such a certificate which was furnished to him under the law of Northern Ireland;] F18...

[F19(iii)the person concerned holds either—

(aa)the prescribed certificate of successful completion by him of an approved training course for motor cyclists and that certificate was furnished to him after the date on which he passed the test, and was valid in accordance with regulation 68(2) when furnished, or

(bb)a certificate corresponding to such a certificate which was furnished to him under the law of Northern Ireland after the date on which he passed the test and was valid when so furnished,] [F20; or

(iv)the vehicles in category Q are electric scooters being used in a trial] and

(b)where a certificate referred to in sub-paragraph (a)(ii) or (iii) shows that the person concerned has successfully completed an approved training course for riders of three-wheeled [F21vehicles], the only vehicles in [F15category Q or AM] authorised by the licence to be driven shall be three-wheeled [F21vehicles].]

F22(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F23(7) In this regulation “two-part practical test” means—

(a)in relation to a vehicle of a class included in category [F24AM or A], the manoeuvres test and the practical test in respect of a vehicle of a class included in category [F24AM or A], as appropriate;

(b)in relation to a vehicle of a class included in sub-category A1, the manoeuvres test and the practical test in respect of a vehicle of a class included in sub-category A1.]

Textual Amendments

F1Words in reg. 43(1) substituted (1.2.2001) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2001 (S.I. 2001/53), regs. 1, 8(2)

F2Words in reg. 43(2) substituted (1.2.2001) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2001 (S.I. 2001/53), regs. 1, 8(3)

F3Word in reg. 43(2) substituted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 27(a)(i)

F4Words in reg. 43(2) substituted (30.3.2009) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2009 (S.I. 2009/788), regs. 1(2), 22(a) (with reg. 33)

F5Words in reg. 43(2)(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), 20(a)(i)

F6Words in reg. 43(2)(a)(b) substituted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 27(a)(ii)

F7Words in reg. 43(2)(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), 20(a)(ii)

F8Words in reg. 43(3) substituted (1.2.2001) by The Motor Vehicles (Driving Licences) (Amendment) (No. 2) Regulations 2001 (S.I. 2001/236), regs. 1, 3(2)

F9Words in reg. 43(3) substituted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 27(b)

F10Words in reg. 43(3) substituted (30.3.2009) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2009 (S.I. 2009/788), regs. 1(2), 22(a) (with reg. 33)

F11Words in reg. 43(3)(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), 20(b)(i)