The Motor Vehicles (Driving Licences) Regulations 1999

Statutory Instruments

1999 No. 2864

ROAD TRAFFIC

The Motor Vehicles (Driving Licences) Regulations 1999

Made

19th October 1999

Laid before Parliament

21st October 1999

Coming into force

12th November 1999

The Secretary of State for the Environment, Transport and the Regions, in exercise of the powers conferred by the following sections of the Road Traffic Act 1988F1 , namely sections 88(5) and (6)F2 , 89(1A), (2A), (3), (4), (5), (5A), (6), (7), (9) and (10)F3 , 89A(3) and (5)F4 , 91, 92(2) and (4)F5 , 94(4) and (5)F6 , 97(1), (1A), (3), (3A), (3B) and (4)F7 , 98(2) and (4)F8 , 99(1) and (1A)F9 , 99A(3), (4) and (6)F10 , 101(2) and (3), 105(1), (2), (3) and (4)F11 , 108(1)F12 , 114(1)F13 , 115(1) and (3)F14 , 115A(1)F15 , 117(2A)F16 , 118(4), 120, 121F17 , 122F18 , 164(2)F19 , 183(6)F20 and 192(1)F21 , after consulting with representative organisations in accordance with section 195(2) of the Road Traffic Act 1988 and, in the case of regulations 14, 30 and 35, with the approval of the TreasuryF22 , hereby makes the following Regulations:

Textual Amendments

F1 1988 c. 52. Relevant amendments are referred to where appropriate below. Amending statutes and instruments are referred to in the footnotes to these Regulations in the following manner: “the 1989 Act" means the Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22); “the 1990 Regulations" means the Driving Licences (Community Driving Licence) Regulations 1990 (S.I. 1990/144), “the 1991 Act" means the Road Traffic Act 1991 (c. 40), “the 1996 Regulations" means the Driving Licences (Community Driving Licence) Regulations 1996 (S.I. 1996/1974) and “the 1998 Regulations" means the Driving Licences (Community Driving Licence) Regulations 1998 (S.I. 1998/1420).

F2 Subsection (6) was amended by the 1990 Regulations.

F3 Subsection (1A) was inserted by the 1996 Regulations, subsections (2A) and (5A) were inserted by the 1989 Act, section 6; subsection (3) was amended by the 1991 Act, Schedule 4, paragraph 63; subsection (4) was amended by the 1989 Act, Schedule 3, paragraph 8 and by the 1996 Regulations; subsection (7) was amended and subsections (9) and (10) were substituted by the 1989 Act, Schedule 3, paragraph 8 and subsections (7), (9) and (10) were amended by the 1996 Regulations. Subsection (4)(b) is to be read with the Department of Transport (Fees) Order 1988 (S.I. 1988/643), as amended by S.I. 1991/811, 1993/1601, 1995/1684 and 1996/1929, the relevant entries being items 5, 5A and 6 in Schedule 1, Table III.

F4 Section 89A was inserted by the 1989 Act, section 4(4).

F5 Subsection (2) was amended by the 1996 Regulations.

F6 Subsections (4) and (5) were amended by the 1989 Act, section 5(7) and (8).

F7 Subsections (1) and (3) were amended by the 1989 Act, section 6(2) and Schedule 6 and by the 1996 and 1998 Regulations, subsection (1A) was inserted by the 1998 Regulations; subsections (3A) and (3B) were inserted by the 1989 Act, section 6(2) and subsection (3A) was amended by the 1996 and 1998 Regulations; subsection (4) was amended by the 1996 and 1998 Regulations; subsection (4) was amended by the 1998 Regulations.

F8 Subsections (2) and (4) were amended by the 1989 Act, Schedule 3, paragraph 11. Subsection (2) was amended by the 1990 Regulations.

F9 Subsection (1) was amended by Schedule 3, paragraph 12, of the 1989 Act; subsection (1A) was inserted by section 2(2) of that Act.

F10 Section 99A was inserted by the 1996 Regulations; subsection (4) was amended by the 1998 Regulations.

F11 Subsection (2) was amended by the 1989 Act, Schedule 3, paragraph 14 and by the 1990, 1996 and 1998 Regulations; subsection (4) was amended by the 1996 Regulations.

F12 See the definitions of “prescribed" and “regulations".

F13 Sections 114, 115, 116 and 117 to 122 (Part IV of the Act) were substituted by the 1989 Act, section 2(1) and Schedule 2, Section 114(1) was amended by the 1996 Regulations.

F14 Subsection (3) was amended by the 1991 Act, Schedule 4, paragraph 64 and the 1996 Regulations.

F15 Section 115A was inserted by the 1996 Regulations.

F16 Subsection (2A) was inserted by the 1991 Act, Schedule 4, paragraph 65.

F17 See the definition of “prescribed".

F18 Amended by the 1990 Regulations.

F19 Amended by the 1991 Act, Schedule 4, paragraph 68.

F20 Inserted by the 1989 Act, Schedule 3, paragraph 23.

F21 See the definition of “prescribed".

F22 See section 105(4) of the Road Traffic Act 1988.

PART I E+W+S PRELIMINARY

Citation and commencement E+W+S

1.  These Regulations may be cited as the Motor Vehicles (Driving Licences) Regulations 1999 and shall come into force on 12th November 1999.

Revocation and saving E+W+S

2.—(1) The regulations specified in Schedule 1 are hereby revoked.

(2) Subject to otherwise herein provided, and without prejudice to the operation of sections 16 and 17 of the Interpretation Act 1978 F23 , the revocation of those regulations shall not affect the validity of any application or appointment made, notice or approval given, licence, certificate or other document granted or issued or other thing done thereunder and any reference in such application, appointment, notice, approval, licence, certificate or other document or thing to a provision of any regulation hereby revoked, whether specifically or by means of a general description, shall, unless the context otherwise requires, be construed as a reference to the corresponding provision of these Regulations.

Textual Amendments

F23 1978 c. 30.

Interpretation E+W+S

3.—(1) In these Regulations, unless the context otherwise requires, the following expressions have the following meanings—

• “1981 Act" means the Public Passenger Vehicles Act 1981 F24 ;

• “1985 Act" means the Transport Act 1985 F25 ;

• “ambulance" means a motor vehicle which—

  (a)

  is constructed or adapted for, and used for no other purpose than, the carriage of sick, injured or disabled people to or from welfare centres or places where medical or dental treatment is given, and

  (b)

  is readily identifiable as such a vehicle by being marked “Ambulance" on both sides;

• “appropriate driving test" and “extended driving test" have the same meanings respectively as in section 36 of the Offenders Act F26 ;

• [F27 “certified direct access instructor” has the meaning given by regulation 64(2);]

• “Construction and Use Regulations" means the Road Vehicles (Construction and Use) Regulations 1986 F28 ;

• “controlled by a pedestrian" in relation to a vehicle means that the vehicle either—

  (a)

  is constructed or adapted for use under such control; or

  (b)

  is constructed or adapted for use either under such control or under the control of a person carried on it but is not for the time being in use under, or proceeding under, the control of a person carried on it;

• [F29 “disability assessment test” means a test of competence to drive for which a person is required, by notice under section 94(5)(c) of the Traffic Act, to submit himself; and “disability assessment licence” means a provisional licence granted to enable him to drive a motor vehicle for the purposes of preparing for, and taking, such a test]

• “dual purpose vehicle" means a motor vehicle which is constructed or adapted both to carry or haul goods and to carry more than eight persons in addition to the driver;

• “exempted goods vehicle" and “exempted military vehicle" have the meanings respectively given in regulation 51;

• “extended driving test" means a test of a kind prescribed by regulation 41;

• “full", in relation to a licence of any nature, means a licence granted otherwise than as a provisional licence;

• “Group 1 licence" and “Group 2 licence" have the meanings respectively given in regulation 70;

• “incomplete large vehicle" means—

  (a)

  an incomplete motor vehicle, typically consisting of a chassis and a complete or incomplete cab, which is capable of becoming, on the completion of its construction, a medium-sized or large goods vehicle or a passenger-carrying vehicle, or

  (b)

  a vehicle which would be an articulated goods vehicle but for the absence of a fifth-wheel coupling,

  and which is not drawing a trailer;

• “large motor bicycle" means—

  (a)

  in the case of a motor bicycle without a side-car, a bicycle the engine of which has a maximum net power output exceeding 25 kilowatts or which has a power to weight ratio exceeding 0.16 kilowatts per kilogram, or

  (b)

  in the case of a motor bicycle and side-car combination, a combination having a power to weight ratio exceeding 0.16 kilowatts per kilogram;

• [F30 “large vehicle test of driving theory” means the test of driving theory described in regulation 40B(2);]

• [F30 “large vehicle test of hazard perception” means the test of hazard perception described in regulation 40B(4);]

• [F30 “large vehicle theory test pass certificate” means a certificate in the form specified in regulation 47B(1);]

• “LGV trainee driver’s licence" has the meaning given in regulation 54;

• “maximum authorised mass"—

  (a)

  in relation to a goods vehicle, has the same meaning as “permissible maximum weight" in section 108(1) of the Traffic Act,

  (b)

  in relation to an incomplete large vehicle, means its working weight, and

  (c)

  in relation to any other motor vehicle or trailer, has the same meaning as “maximum gross weight" in regulation 3(2) of the Construction and Use Regulations;

• “maximum speed" means the speed which the vehicle is incapable, by reason of its construction, of exceeding on the level under its own power when fully laden;

• “maximum net power output" has the same meaning as in section 97 of the Traffic Act;

• “mobile project vehicle" means a vehicle which has a maximum authorised mass exceeding 3.5 tonnes, is constructed or adapted to carry not more than eight persons in addition to the driver and carries principally goods or burden consisting of—

  (a)

  play or educational equipment and articles required in connection with the use of such equipment, or

  (b)

  articles required for the purposes of display or of an exhibition,

  and the primary purpose of which is use as a recreational, educational or instructional facility when stationary;

• “Northern Ireland test" means a test of competence to drive conducted under the law of Northern Ireland;

• “Offenders Act" means the Road Traffic Offenders Act 1988 F31 ;

• “passenger-carrying vehicle recovery vehicle" means a vehicle (other than an articulated goods vehicle combination as defined in section 108(1) of the Traffic Act) which—

  (a)

  has an unladen weight not exceeding 10.2 tonnes,

  (b)

  is being operated by the holder of a PSV operator’s licence, and

  (c)

  is being used for the purpose of—

  (i)

  proceeding to, or returning from, a place where assistance is to be, or has been, given to a damaged or disabled passenger-carrying vehicle; or

  (ii)

  giving assistance to or moving a disabled passenger-carrying vehicle or moving a damaged vehicle;

• “penalty points" means penalty points attributed to an offence under section 28 of the Offenders Act;

• “power to weight ratio", in relation to a motor bicycle, means the ratio of the maximum net power output of the engine of the vehicle to its weight (including the weight of any side-car) with—

  (a)

  a full supply of fuel in the tank,

  (b)

  an adequate supply of other liquids needed for its propulsion, and

  (c)

  no load other than its normal equipment, including loose tools;

• “practical test" means a practical test of driving skills and behaviour or, where a test is by virtue of these Regulations required to be conducted in two [F32 or three] parts, the part of it which consists of that test and includes such a test conducted as part of an extended driving test;

• “propelled by electrical power", in relation to a motor vehicle, means deriving motive power solely from an electrical storage battery carried on the vehicle and having no connection to any other source of power when the vehicle is in motion;

• “PSV operator’s licence" has the meaning given by section 82(1) of the 1981 Act;

• “standard access period" has the meaning given by regulation 22;

• “standard motor bicycle" means a motor bicycle which is not a large motor bicycle;

• [F33 “standard test of driving theory” means the test described in regulation 40B(1);]

• [F33 “standard test of hazard perception” means the test described in regulation 40B(3);]

• [F33 “standard theory test pass certificate” means a certificate in the form specified in regulation 47(2)(a); and]

• “test" means any test of competence to drive conducted pursuant to section 89 of the Traffic Act including an extended driving test;

• “test pass certificate" means a certificate in the form specified in regulation 48(1)(a);

• F34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “Traffic Act" means the Road Traffic Act 1988;

• “traffic commissioner" means, in relation to an applicant for or the holder of a licence, the traffic commissioner in whose area the applicant or holder resides;

• “unitary test" means a test which, by virtue of these Regulations, is to consist of a single test of both practical driving skills and behaviour and knowledge of the Highway Code and other matters and includes such a test conducted as an extended driving test;

• “unladen weight" has the same meaning as in regulation 3(2) of the Construction and Use Regulations and, in the case of a road roller, includes the weight of any object for the time being attached to the vehicle, being an object specially designed to be so attached for the purpose of temporarily increasing the vehicle’s weight;

• “vehicle with automatic transmission" means a class of vehicle in which either—

  (a)

  the driver is not provided with any means whereby he may vary the gear ratio between the engine and the road wheels independently of the accelerator and the brakes, or

  (b)

  he is provided with such means but they do not include a clutch pedal or lever which he may operate manually,

  (and accordingly a vehicle with manual transmission is any other class of vehicle);

• “working weight" means the weight of a vehicle in working condition on a road but exclusive of the weight of any liquid coolant and fuel used for its propulsion.

(2) In these Regulations, unless the context otherwise requires—

(a) a reference to a licence being in force is a reference to it being in force in accordance with section 99 of the Traffic Act, save that for the purpose of these Regulations a licence shall remain in force notwithstanding that it is—

(i) surrendered to the Secretary of State or is revoked otherwise than by notice under section 93(1) or (2) of the Traffic Act (revocation because of disability or prospective disability), or

(ii) treated as revoked by virtue of section 37(1) of the Offenders Act, and

(b) a reference to the expiry of a licence is a reference to the time at which it ceases to be so in force (and “expired" shall be construed accordingly).

(3) Except where otherwise expressly provided, any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation or Schedule bearing that number in these Regulations, and any reference to a numbered paragraph (otherwise than as part of a reference to a numbered regulation) is a reference to the paragraph bearing that number in the regulation or Schedule in which the reference occurs.

(4) Where a statement or certificate (but not a distinguishing mark specified in regulation 16) is required under these Regulations to be in a form prescribed herein, the reference is to a certificate or statement in that form (or as nearly in that form as circumstances permit), adapted to the circumstances of the case and duly completed and signed where required.

(5) For the purposes of section 97(3)(d) of the Traffic Act and these Regulations the date of first use of a motor bicycle means—

(a) except in a case to which paragraph (b) applies, the date on which it was first registered under the Roads Act 1920, the Vehicles (Excise) Act 1949 F35 , the Vehicles (Excise) Act 1962 F36 or the Vehicles (Excise) Act 1971 F37 ;

(b) in the case of a motor bicycle which was used in any of the following circumstances before the date on which it was first registered, namely:—

(i) where the bicycle was used under a trade licence as defined in section 16 of the Vehicles (Excise) Act 1971, otherwise than for the purposes of demonstration or testing or of being delivered from premises of the manufacturer by whom it was made, or of a distributor of vehicles or dealer in vehicles to premises of a distributor of vehicles, dealer in vehicles or purchaser thereof, or to premises of a person obtaining possession thereof under a hiring agreement or hire purchase agreement,

(ii) where the bicycle belonged to the Crown and is or was used or appropriated for use for naval, military or air force purposes,

(iii) where the bicycle belonged to a visiting force or a headquarters or defence organisation to which the Visiting Forces and International Headquarters (Application of Law) Order 1965 F38 applied,

(iv) where the bicycle had been used on roads outside Great Britain and was imported into Great Britain, or

(v) where the bicycle had been used otherwise than on roads after being sold or supplied by retail and before being registered,

the date of manufacture of the bicycle.

(6) In paragraph (5)(b)(v) “sold or supplied by retail" means sold or supplied otherwise than to a person acquiring solely for the purpose of re-sale or re-supply for a valuable consideration.

Textual Amendments

F24 1981 c. 14.

F25 1985 c. 67.

F26 Section 36 was substituted by the 1991 Act, section 32.

F27 Words in reg. 3(1) inserted (1.2.2001) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2001 (S.I. 2001/53), regs. 1, 3

F28 S.I. 1986/1078. The relevant amending instruments are S.I. 1987/676, 1990/1981 and 1994/329.

F29 Words in reg. 3(1) inserted (1.1.2001) by The Motor Vehicles (Driving Licences) (Amendment)(No. 2) Regulations 2000 (S.I. 2000/3157), regs. 1, 3

F30 Words in reg. 3 inserted (7.7.2008) by The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2008 (S.I. 2008/1435), regs. 1(1), 3(1)(a) (with reg. 22)

F31 1988 c. 53.

F32 Words in reg. 3 inserted (7.7.2008) by The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2008 (S.I. 2008/1435), regs. 1(1), 3(1)(b) (with reg. 22)

F33 Words in reg. 3 inserted (7.7.2008) by The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2008 (S.I. 2008/1435), regs. 1(1), 3(1)(c) (with reg. 22)

F34 Words in reg. 3 omitted (7.7.2008) by virtue of The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2008 (S.I. 2008/1435), regs. 1(1), 3(1)(d) (with reg. 22)

F35 1949 c. 89.

F36 1962 c. 13.

F37 1971 c. 10.

F38 S.I. 1965/1536.

[F39 Meaning of “theory test” E+W+S

3A.— (1) In these Regulations, “theory test” means—

(a) where a test is to be conducted, by virtue of regulation 40(2), in two parts, the part, described in regulation 40(2)(a), which consists of the standard test of driving theory and the standard test of hazard perception; and

(b) in any other case, each of the large vehicle test of driving theory and the large vehicle test of hazard perception.

(2) Any reference in these Regulations to a “theory test” includes such a test conducted as part of an extended driving test.]

Textual Amendments

F39 Reg. 3A inserted (7.7.2008) by The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2008 (S.I. 2008/1435), regs. 1(1), 3(2) (with reg. 22)

PART II E+W+S LICENCES

Categories of entitlement E+W+S

Classification of vehicles E+W+S

4.—(1) Subject to regulations 5 and 78, the Secretary of State shall grant licences authorising the driving of motor vehicles in accordance with the categories and sub-categories specified in column (1) and defined in column (2) of Schedule 2 and those categories and sub-categories are designated as groups for the purposes of section 89(1)(b) of the Traffic Act.

(2) In these Regulations, expressions relating to vehicle categories have the following meanings—

(a) any reference to a category or sub-category identified by letter, number or word or by any combination of letters, numbers and words is a reference to the category or sub-category defined in column (2) of Schedule 2 opposite that letter or combination in column (1) of the Schedule,

(b) “sub-category" means, in relation to category A, B, C, C+E, D or D+E, a class of vehicles comprising part of the category and identified as a sub-category thereof in column (2) of Schedule 2, and

(c) unless the context otherwise requires, a reference to a category includes a reference to sub-categories of that category.

Classes for which licences may be granted E+W+S

5.—(1) A licence authorising the driving of motor vehicles of a class included in a category or sub-category shown in Part 1 of Schedule 2 may be granted to a person who is entitled thereto by virtue of—

(a) holding or having held a full licence, a full Northern Ireland licence, full British external licence, full British Forces licence, exchangeable licence or Community licence authorising the driving of vehicles of that class, or

(b) having passed a test for a licence authorising the driving of motor vehicles of that class or a Northern Ireland or Gibraltar test corresponding to such a test.

(2) A licence authorising the driving of motor vehicles of a class included in any category or sub-category shown in Part 2 of Schedule 2 may not be granted to a person unless, at a time before 1st January 1997—

(a) in the case of a person applying for a full licence,—

(i) he held a full licence authorising the driving of motor vehicles of that class or a class which by virtue of these Regulations corresponds to a class included in that category or sub-category, or

(ii) he passed a test which at the time it was passed authorised the driving of motor vehicles of such a class or a Northern Ireland test corresponding to such a test;

(b) in the case of a person applying for a provisional licence, he held a provisional licence authorising the driving of vehicles of that class or a class which by virtue of these Regulations corresponds to a class included in that category or sub-category.

(3) A licence authorising the driving of motor vehicles included in sub-category B1 (invalid carriages), which are specified in Part 3 of Schedule 2, may not be granted to a person unless, at a time before 12th November 1999—

(a) in the case of a person applying for a full licence, he held a full licence authorising the driving of motor vehicles included in sub-category B1 (invalid carriages) or a class of motor vehicles which by virtue of these Regulations corresponds to vehicles included in that sub-category, or

(b) in the case of a person applying for a provisional licence, he held a provisional licence authorising the driving of motor vehicles included in sub-category B1 (invalid carriages) or a class of motor vehicles which by virtue of these Regulations corresponds to vehicles included in that sub-category.

Competence to drive classes of vehicle: general E+W+S

F40 6.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F40 Reg. 6 omitted (29.9.2008) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2008 (S.I. 2008/508), reg. 12(a)

Competence to drive classes of vehicle: special cases E+W+S

7.—(1) A person who has held, for a period of at least two years, a relevant full licence authorising the driving of vehicles included in category C, other than vehicles included in sub-category C1, may also drive a motor vehicle of a class included in category D which is—

(a) damaged or defective and being driven to a place of repair or being road tested following repair, and

(b) is not used for the carriage of any person who is not connected with its repair or road testing,

unless by that licence he is authorised to drive only vehicles having automatic transmission, in which case he shall be deemed competent to drive only such of the vehicles mentioned in sub-paragraphs (a) and (b) as have automatic transmission.

(2) A person who holds a relevant full licence authorising the driving of vehicles included in category D, other than vehicles included in sub-category D1 or D1 (not for hire or reward), may drive a passenger-carrying vehicle recovery vehicle unless by that licence he is authorised to drive only vehicles having automatic transmission, in which case he shall be deemed competent to drive only passenger-carrying vehicle recovery vehicles having automatic transmission.

(3) A person may drive an incomplete large vehicle—

(a) having a working weight exceeding 3.5 tonnes but not exceeding 7.5 tonnes if he holds a relevant full licence authorising the driving of vehicles in sub-category C1, or

(b) having a working weight exceeding 7.5 tonnes if he holds a relevant full licence authorising the driving of vehicles in category C, other than vehicles in sub-category C1,

unless by that licence he is authorised to drive only motor vehicles having automatic transmission, in which case he shall be deemed competent to drive only incomplete large vehicles of the appropriate weight specified in paragraph (a) or (b) which have automatic transmission.

(4) A person who holds a relevant full licence authorising the driving of vehicles included in category B, other than vehicles in sub-categories B1 and B1 (invalid carriages), may drive—

(a) an exempted goods vehicle other than—

(i) a passenger-carrying vehicle recovery vehicle, or

(ii) a mobile project vehicle,

(b) an exempted military vehicle, and

(c) a passenger-carrying vehicle in respect of which the conditions specified in regulation 50(2) or (3) are satisfied,

unless by that licence he is authorised to drive only motor vehicles having automatic transmission, in which case he shall be deemed competent to drive only such of the vehicles mentioned in sub-paragraphs (a), (b) and (c) as have automatic transmission.

(5) A person who—

(a) holds a relevant full licence authorising the driving of vehicles of a class included in category B, other than vehicles in sub-categories B1 or B1 (invalid carriages),

(b) has held that licence for an aggregate period of not less than 2 years, and

(c) is aged 21 or over,

may drive a mobile project vehicle on behalf of a non-commercial body—

(i) to or from the place where the equipment it carries is to be, or has been, used, or the display or exhibition is to be, or has been, mounted, or

(ii) to or from the place where a mechanical defect in the vehicle is to be, or has been, remedied, or

(iii) in such circumstances that by virtue of paragaph 22 of Schedule 2 to the Vehicle Excise and Registration Act 1994 F41 the vehicle is not chargeable with duty in respect of its use on public roads,

unless by that licence he is authorised to drive only vehicles having automatic transmission, in which case he shall be deemed competent to drive only mobile project vehicles having automatic transmission.

(6) A person who—

(a) holds a relevant full licence authorising the driving of vehicles of a class included in category B, other than vehicles in sub-categories B1 or B1 (invalid carriages),

(b) has held that licence for an aggregate period of not less than 2 years,

(c) is aged 21 or over,

(d) if he is aged 70 or over, is not suffering from a relevant disability in respect of which the Secretary of State would be bound to refuse to grant him a Group 2 licence, and

(e) receives no consideration for so doing, other than out-of pocket expenses,

may drive, on behalf of a non-commercial body for social purposes but not for hire or reward, a vehicle of a class included in sub-category D1 which has no trailer attached and has a maximum authorised mass—

(i) not exceeding 3.5 tonnes, excluding any part of that weight which is attributable to specialised equipment intended for the carriage of disabled passengers, and

(ii) not exceeding 4.25 tonnes otherwise,

unless such a person is by that licence authorised to drive only vehicles having automatic transmission, in which case he shall be deemed competent to drive only such vehicles in sub-category D1 as conform to the above specification and have automatic transmission.

(7) A person who holds a relevant full licence authorising the driving of vehicles of a class included in category B, other than vehicles in sub-categories B1 or B1 (invalid carriages), may drive a vehicle of a class included in category B+E where—

(a) the trailer consists of a vehicle which is damaged or defective and is likely to represent a road safety hazard or obstruction to other road users,

(b) the vehicle is driven only so far as is reasonably necessary in the circumstances to remove the hazard or obstruction, and

(c) he receives no consideration for driving the vehicle,

unless by that licence he is authorised to drive only motor vehicles having automatic transmission, in which case he shall be deemed competent to drive, in the circumstances mentioned above, only vehicles included in category B+E having automatic transmission.

Textual Amendments

F41 1994 c. 22.

Competence to drive classes of vehicle: dual purpose vehicles E+W+S

8.—(1) Subject to paragraph (2), a person who is a member of the armed forces of the Crown may drive a dual purpose vehicle when it is being used to carry passengers for naval, military or air force purposes—

(a) where the vehicle has a maximum authorised mass not exceeding 3.5 tonnes, if he holds a relevant full licence authorising the driving of vehicles included in category B other than vehicles in sub-categories B1 or B1 (invalid carriages),

(b) where the vehicle has a maximum authorised mass exceeding 3.5 tonnes but not exceeding 7.5 tonnes, if he holds a relevant full licence authorising the driving of vehicles included in sub-category C1,

(c) in any other case, if he holds a relevant full licence authorising the driving of vehicles included in category C other than vehicles in sub-category C1.

(2) Where the person is authorised by his licence to drive only motor vehicles included in the relevant category or sub-category having automatic transmission, he may drive only dual purpose vehicles having automatic transmission.

Minimum ages for holding or obtaining licences E+W+S

Minimum ages for holding or obtaining licences E+W+S

9.—(1) Subsection (1) of section 101 of the Traffic Act shall have effect as if for the classes of vehicle and the ages specified in the Table in that subsection there were substituted classes of vehicle and ages in accordance with the following provisions of this regulation.

(2) In item 3 (motor bicycles), the age of 21 is substituted for the age of 17 in a case where the motor bicycle is a large motor bicycle except in the following cases, namely—

(a) a case where a person has passed a test on or after 1st January 1997 for a licence authorising the driving of a motor vehicle of a class included in category A, other than sub-category A1, and the standard access period has elapsed,

(b) a case where the large motor bicycle—

(i) is owned or operated by the Secretary of State for Defence, or

(ii) is being driven by a person for the time being subject to the orders of a member of the armed forces of the Crown

and is being used for naval, military or air force purposes, and

(c) a case where a person holds a licence authorising the driving of a large motor bicycle by virtue of having passed a test before 1st January 1997.

(3) In item 4 (agricultural and forestry tractors), in the case of an agricultural or forestry tractor which—

(a) is so constructed that the whole of its weight is transmitted to the road surface by means of wheels,

(b) has an overall width not exceeding 2.45 metres, and

(c) is driven either—

(i) without a trailer attached to it, or

(ii) with a trailer which has an overall width not exceeding 2.45 metres and is either a two-wheeled or close-coupled four-wheeled trailer,

the age of 16 is substituted for the age of 17 in the case of a person who has passed a test prescribed in respect of category F, or is proceeding to, taking or returning from, such a test.

(4) In item 5 (small vehicles), the age of 16 is substituted for the age of 17 in the case of a small vehicle driven without a trailer attached where the driver of the vehicle is a person in respect of whom an award of the higher rate component of the disability living allowance made in pursuance of section 73 of the Social Security Contributions and Benefits Act 1992 F42 (whether before or after his 16th birthday) is still in force.

(5) In item 6 (medium-sized goods vehicles), the age of 21 is substituted for the age of 18 in the case of a vehicle drawing a trailer where the maximum authorised mass of the combination exceeds 7.5 tonnes.

(6) In item 7 (other vehicles, including large goods and passenger-carrying vehicles), the age of 18 is substituted for the age of 21 in the case of a person driving a vehicle of a class included in sub-category D1 which is an ambulance and which is owned or operated by—

(a) a health service body (as defined in section 60(7) of the National Health Service and Community Care Act 1990 F43 ), or

(b) a National Health Service Trust established under Part I of that Act or under the National Health Service (Scotland) Act 1978F44 [F45 , or

(bb) [F46 an NHS foundation trust within the meaning of section 1(1) of the Health and Social Care Act 2003, or]

(c) a Primary Care Trust established under section 16A of the National Health Service Act 1977].

(7) In item 7, the age of 18 is substituted for the age of 21 in the case of a motor vehicle and trailer combination which is in sub-category C1+E and the maximum authorised mass of the combination does not exceed 7.5 tonnes.

(8) In item 7, the age of 18 is substituted for the age of 21 in the case of a person who is registered as an employee of a registered employer in accordance with the Training Scheme, where he is driving a vehicle which is—

(a) of a class to which his training agreement applies, and

(b) owned or operated by his employer or by a registered LGV driver training establishment.

[F47 (9) In item 7, the age of 18 is substituted for the age of 21 in relation to a motor vehicle of a class included in category D or D+E, other than sub-category D1 or D1+E, where the person driving the vehicle —

(a) has an initial qualification authorising him to drive motor vehicles of that class and is either —

(i) engaged in the carriage of passengers on a regular service over a route which does not exceed 50 kilometres, or

(ii) not engaged in the carriage of passengers,

(b) is using the vehicle as described in regulation 3(2)(e) of the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007,

(c) is authorised by such document as is referred to in regulation 4(5)(d) of those Regulations to drive motor vehicles of that class, or

(d) by reason of being a person in relation to whom regulation 4(7) of those Regulations applies, is not required to have an initial qualification relating to motor vehicles of that class.

(9A) In item 7, the age of 18 is substituted for the age of 21 in relation to a motor vehicle of a class included in sub-category D1 or D1+E where the person driving the vehicle —

(a) has an initial qualification authorising him to drive motor vehicles of that class,

(b) is using the vehicle as described in regulation 3(2)(e) of the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007,

(c) is authorised by such document as is referred to in regulation 4(5)(d) of those Regulations to drive motor vehicles of that class, or

(d) by reason of being a person to whom regulation 4(7) of those Regulations applies, is not required to have an initial qualification relating to motor vehicles of that class.

(9B) In item 7, the age of 20 is substituted for the age of 21 in relation to a motor vehicle of a class include in category D or D+E, other than sub-category D1 or D1+E, where the person driving the vehicle —

(a) has an initial qualification authorising him to drive motor vehicles of that class, and

(b) is engaged in the carriage of passengers otherwise than on such a service as is described in paragraph (9)(a)(i).]

(10) In items 6 and 7, the age of 17 is substituted for the ages of 18 and 21 respectively in the case of—

(a) motor vehicles owned or operated by the Secretary of State for Defence, or

(b) motor vehicles driven by persons for the time being subject to the orders of a member of the armed forces of the Crown,

when they are being used for naval, military or air force purposes.

(11) In item 7, in the case of an incomplete large vehicle—

(a) which has a working weight not exceeding 3.5 tonnes, the age of 17 is substituted for the age of 21;

(b) which has a working weight exceeding 3.5 tonnes but not exceeding 7.5 tonnes, the age of 18 is substituted for the age of 21.

(12) In item 7, the age of 17 is substituted for the age of 21 in the case of a road roller which—

(a) is propelled otherwise than by steam,

(b) has no wheel fitted with pneumatic, soft or elastic tyres,

(c) has an unladen weight not exceeding 11.69 tonnes, and

(d) is not constructed or adapted for the conveyance of a load other than the following things, namely water, fuel or accumulators used for the purpose of the supply of power to or propulsion of the vehicle, loose tools and objects specially designed to be attached to the vehicle for the purpose of temporarily increasing its weight.

(13) In this regulation—

(a) for the purposes of paragraph (3)—

(i) any implement fitted to a tractor shall be deemed to form part of the tractor notwithstanding that it is not a permanent or essentially permanent fixture,

(ii) “closed-coupled", in relation to wheels on the same side of a trailer, means fitted so that at all times while the trailer is in motion the wheels remain parallel to the longitudinal axis of the trailer and that the distance between the centres of their respective areas of contact with the road surface does not exceed 840 millimetres, and

(iii) “overall width", in relation to a vehicle, means the width of the vehicle measured between vertical planes parallel to the longitudinal axis of the vehicle and passing through the extreme projecting points thereof exclusive of any driving mirror and so much of the distortion of any tyre as is caused by the weight of the vehicle;

(b) [F48 for the purposes of paragraph (8), “registered", “training agreement" and “the Training Scheme" have the meanings respectively given in regulation 54;]

(c) [F48 in paragraph (9), expressions used which are also used in Council Regulation 3820/85/EEC have the same meanings as in that Regulation.]

[F49 (d) in paragraphs (7), (9), (9A) and (9B), “initial qualification” means such initial qualification as is provided for in Article 3(1)(a) of Council Directive 2003/59/EC of the European Parliament and of the Council on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers;

(e) in paragraphs (9) and (9B), expressions which are also used in that Directive have the same meanings as in that Directive.]

Textual Amendments

F42 1992 c. 4.

F43 1990 c. 19.

F44 1978 c. 29.

F45 Reg. 9(6)(c) and word inserted (21.2.2003) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2003 (S.I. 2003/166), regs. 1(1), 2

F46 Reg. 9(6)(bb) inserted (1.4.2004) by The Health and Social Care (Community Health and Standards) Act 2003 (Supplementary and Consequential Provision) (NHS Foundation Trusts) Order 2004 (S.I. 2004/696), art. 1(1)(b), Sch. 1 para. 32

F47 Reg. 9(9)-(9B) substituted for reg. 9(9) (10.9.2008) by The Vehicle Drivers (Certificates of Professional Competence) Regulations 2007 (S.I. 2007/605), regs. 1(2)(b), 15(4)

F48 Reg. 9(13)(b)(c) omitted (10.9.2008 for specified purposes, 10.9.2009 in so far as not already in force) by virtue of The Vehicle Drivers (Certificates of Professional Competence) Regulations 2007 (S.I. 2007/605), regs. 1(2)(b), 15(5)

F49 Reg. 9(13)(d)(e) inserted (10.9.2008 for specified purposes, 10.9.2009 in so far as not already in force) by The Vehicle Drivers (Certificates of Professional Competence) Regulations 2007 (S.I. 2007/605), regs. 1(2)(b), 15(5)

Applications for licences E+W+S

Applications for the grant of licences: general E+W+S

10.—(1) The Secretary of State may consider an application for the grant of a licence before the date on which the grant of the licence is to take effect if the application is received by him—

(a) in the case of an application for a Group 2 licence, during the period of three months ending on that date,

(b) in any other case, during the period of two months ending on that date,

and may during such period grant the licence so that it takes effect on that date.

(2) For the purposes of subsection (1A)(b) of section 89 of the Traffic Act the holder of an exchangeable licence satisfies the relevant residence requirement if he has been normally resident in Great Britain for a period of not more than five years.

(3) An applicant for a licence who before the licence is granted is required to satisfy the Secretary of State that he has passed a test shall at the time when he applies for the licence deliver to the Secretary of State—

(a) a valid test pass certificate, or

(b) a certificate corresponding to that certificate furnished under the law of Northern Ireland or Gibraltar.

(4) A person may not present a certificate in support of an application as evidence that he has passed—

(a) a test or a theory test, or

(b) a test corresponding to any of those tests conducted under the law of Northern Ireland or the law of Gibraltar,

if the applicant took the test in respect of which the certificate was issued at a time when he was ineligible, by virtue of an enactment contained in the Traffic Act or these Regulations or a corresponding provision of the law of Northern Ireland or the law of Gibraltar, to take the test to which the certificate relates.

(5) An applicant for a Group 2 licence shall, if required to do so by the Secretary of State, submit in support of his application a report (in such form as the Secretary of State may require) signed by a qualified medical practitioner, prepared and dated not more than four months prior to the date on which the licence is to take effect, for the purpose of satisfying the Secretary of State that he is not suffering from a relevant or prospective disability.

Eligibility to apply for provisional licence E+W+S

11.—(1) Subject to the following provisions of this regulation, an applicant for a provisional licence authorising the driving of motor vehicles of a class included in a category or sub-category specified in column (1) of the table at the end of this regulation must hold a relevant full licence authorising the driving of motor vehicles of a class included in the category or sub-category specified in column (2) of the table in relation to the first category.

(2) Paragraph (1) shall not apply in the case of an applicant who is a full-time member of the armed forces of the Crown.

(3) For the purposes of paragraph (1), a licence authorising the driving only of vehicles in sub-categories D1 (not for hire or reward), D1+E (not for hire or reward) and C1+E (8.25 tonnes) shall not be treated as a licence authorising the driving of motor vehicles of a class included in sub-categories D1, D1+E and C1+E.

(4) In this regulation, “relevant full licence" means a full licence granted under Part III of the Traffic Act, a full Northern Ireland licence, a full British external licence (other than a licence which is to be disregarded for the purposes of section 89(1)(d) of the Traffic Act by virtue of section 89(2)(c) of that Act F50 ), a full British Forces licence, an exchangeable licence or a Community licence.

TABLE

(1)	(2)
Category or sub-category of licence applied for	Category/sub-category of full licence required
B+E	B
C	B
C1	B
D	B
D1	B
C1+E	C1
C+E	C
D1+E	D1
D+E	D
G	B
H	B

Textual Amendments

F50 Subsection (2)(c) was substituted by the 1989 Act, section 4(3). For designations made under that provision see S.I. 1996/3206.

Restrictions on the grant of large goods and passenger-carrying vehicle driver’s licences E+W+S

12.—(1) An applicant for a large goods or passenger-carrying vehicle driver’s licence shall not, subject to paragraph (2), be granted a licence if, at the date from which the licence applied for is to take effect, any—

(a) large goods or passenger-carrying vehicle driver’s licence held by him is suspended, or

(b) Northern Ireland large goods or passenger-carrying vehicle driver’s licence held by him is suspended,

under section 115 of the Traffic Act or, as the case may be, under the provision of the law for the time being in force in Northern Ireland corresponding to that enactment.

(2) A person may apply for a large goods vehicle driver’s licence notwithstanding that, at the date from which the licence applied for is to take effect, any passenger-carrying vehicle driver’s licence held by him is suspended and such suspension relates to his conduct other than as a driver of a motor vehicle.

(3) An applicant for an LGV trainee driver’s licence—

(a) must be a registered employee of a registered employer (within the meaning of regulation 54), and

(b) must not be a person who—

(i) has been convicted (or is to be treated as if he had been convicted) of an offence as a result of which [F51 at least four penalty points fall] to be taken into account under section 29 of the Offenders Act, or

(ii) has at any time been disqualified by a court for holding or obtaining a licence or by a court in Northern Ireland for holding or obtaining a Northern Ireland licence, and

[F52 (c) must satisfy the Secretary of State that he has satisfactorily completed the off-road elements of the training programme prescribed for drivers of goods vehicles by Council Directive 76/914/EEC (that is those set out in paragraphs 1 and 2.1 to 2.8 of the Annex to the directive)].

(4) An applicant for a large goods vehicle driver’s licence who is a member of the armed forces and is under the age of 21 must not be a person who has—

(a) been convicted (or is, by virtue of section 58 of the Offenders Act F53 , to be treated as if he had been convicted) of an offence as a result of which [F54 at least four penalty points fall] to be taken into account under section 29 of the Offenders Act F55 , or

(b) at any time been disqualified by a court for holding or obtaining a licence or by a court in Northern Ireland for holding or obtaining a Northern Ireland licence.

Textual Amendments

F51 Words in reg. 12(3)(b)(i) substituted (1.4.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(a), 3(2)

F52 Reg. 12(3)(c) substituted (1.4.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(a), 3(3)

F53 Section 58(1) was amended by the 1990 Regulations.

F54 Words in reg. 12(4)(a) substituted (1.4.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(a), 3(2)

F55 Section 29 was substituted by section 28 of the 1991 Act.

Restrictions on the grant of provisional licences to drive motor bicycles E+W+S

F56 13.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F56 Reg. 13 omitted (1.2.2001) by virtue of The Motor Vehicles (Driving Licences) (Amendment) Regulations 2001 (S.I. 2001/53), regs. 1, 4

Fees for licences E+W+S

14.—(1) An applicant for a licence shall pay a fee (if any) determined in accordance with paragraphs (2) and (3).

(2) The fee payable upon an application for a licence shall, in the case of a licence of a description, and (as the case may be) in the circumstances, specified in column (1) of the table set out in Schedule 3, be the fee specified in relation to that licence in column (2) of that table.

(3) When an application is made for a licence which, but for this paragraph, would attract more than one fee, only one fee shall be paid and where the fees are different, that fee shall be the higher or the highest of them.

Provisional licences E+W+S

Duration of provisional licences authorising the driving of motor bicycles E+W+S

15.—(1) Subject to paragraph (2), there is prescribed for the purposes of section 99(2) of the Traffic Act—

(a) a motor bicycle of any class, and

[F57 (b) the same period as is provided by section 99(1) of the Traffic Act in relation to a licence to which section 99(1) applies.]

(2) There are prescribed for the purposes of section 99(2)(b)(ii) of that Act the circumstances that—

(a) the previous licence was surrendered or revoked, otherwise than under subsection (3) or (4) of section 99 of the Traffic Act, or treated as being revoked under section 37(1) of the Offenders Act,

(b) if it has not been so surrendered or revoked, a period of at least one month, commencing on the date of surrender or revocation, would have elapsed before the previous licence would have expired, and

(c) the licence when granted would come into force within the period of one year beginning on the date of surrender or revocation of the previous licence.

Textual Amendments

F57 Reg. 15(1)(b) substituted (1.2.2001) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2001 (S.I. 2001/53), regs. 1, 5

Conditions attached to provisional licences E+W+S

16.—(1) A provisional licence of any class is granted subject to the conditions prescribed in relation to a licence of that class in the following paragraphs.

(2) Subject to the following paragraphs, the holder of a provisional licence shall not drive a vehicle of a class which he is authorised to drive by virtue of that licence—

(a) otherwise than under the supervision of a qualified driver who is present with him in or on the vehicle,

(b) unless a distinguishing mark in the form set out in Part 1 of Schedule 4 is displayed on the vehicle in such manner as to be clearly visible to other persons using the road from within a reasonable distance from the front and from the back of the vehicle, or

(c) while it is being used to draw a trailer.

(3) The condition specified in paragraph (2)(a) shall not apply when the holder of the provisional licence—

(a) is driving a motor vehicle of a class included in sub-category B1 or B1 (invalid carriages) or in category F, G, H or K which is constructed to carry only one person and not adapted to carry more than one person;

[F58 (aa) is driving a motor vehicle of a class included in sub-category B1 which is adapted to carry only one person and has at any time between 1st August 2002 and 1st March 2003, had the use of an NHS invalid carriage that was issued to him by reason of his having a relevant disability.]

(b) is riding a moped or a motor bicycle with or without a side-car; or

(c) is driving a motor vehicle, other than a vehicle of a class included in category C, C+E, D or D+E, on a road in an exempted island.

(4) The condition specified in paragraph (2)(b) shall not apply—

(a) when the holder of the provisional licence is driving a motor vehicle on a road in Wales, and

(b) a distinguishing mark in the form set out in Part 2 of Schedule 4 is displayed on the motor vehicle in the manner described in paragraph (2)(b).

(5) The condition specified in paragraph (2)(c) shall not apply to the holder of a provisional licence authorising the driving of a vehicle of a class included in category B+E, C+E, D+E or F, in relation to motor vehicles of that class.

(6) The holder of a provisional licence authorising the driving of—

(a) a moped, or

(b) a motor bicycle with or without a side-car,

shall not drive such a vehicle while carrying on it another person.

(7) The holder of a provisional licence authorising the driving of a motor bicycle other than a learner motor bicycle shall not drive such a vehicle otherwise than under the supervision of a certified direct access instructorF59 ... who is—

(a) present with him on the road while riding another motor bicycle,

(b) able to communicate with him by means of a radio which is not hand-held while in operation,

(c) supervising only that person or only that person and another person who holds such a provisional licence, and

(d) carrying a valid certificate issued in respect of him by the Secretary of State under regulation 65(4),

while he and the instructor are wearing apparel which is fluorescent or (during hours of darkness) is either fluorescent or luminous.

[F60 (7A) The holder of a provisional licence authorising the driving of a moped or a learner motor bicycle shall not drive such a vehicle on a road when undergoing relevant training, unless the instructor giving the training is at all times—

(a) present with him on the road while riding another moped or learner motor bicycle or any motor bicycle, and

(b) supervising only him or him and not more than 3 other persons each of whom holds such a provisional licence.

(7B) In paragraph (7A)—

(a) “relevant training” means training (otherwise than as part of an approved training course for motor cyclists) in how to drive a moped or learner motor cycle given by a professional instructor; and

(b) “professional instructor” means an instructor paid money or money’s worth for giving such training.]

(8) The holder of a passenger-carrying vehicle driver’s provisional licence shall not drive a vehicle which he is authorised to drive by that licence while carrying any passenger in the vehicle other than—

(a) the person specified in paragraph (2)(a), or

(b) a person who holds a passenger-carrying vehicle driver’s licence and either is giving or receiving instruction in the driving of passenger-carrying vehicles, or has given or received or is to give or receive, such instruction.

(9) The conditions specified in paragraphs (2)(a), (7) and (8) shall not apply when the holder of the provisional licence is undergoing a test.

(10) The conditions specified in paragraphs (2), (6), (7) and (8) shall not apply in relation to the driving of motor vehicles of a class in respect of which the provisional licence holder has been furnished with a valid test pass certificate stating that he has passed a test for the grant of a licence authorising him to drive vehicles of that class.

(11) The condition specified in paragraph (7)(b) shall not apply in the case of a provisional licence holder who is unable, by reason of impaired hearing, to receive directions from the supervising instructor by radio where the licence holder and the instructor are employing a satisfactory means of communication which they have agreed before the start of the journey.

[F61 (11A) The holder of a disability assessment licence shall not drive a vehicle of a class which he is authorised to drive by virtue of the licence otherwise than during a period which—

(a) commences with the beginning of such period prior to the taking of the disability assessment test required by a relevant notice as is specified in writing by the Secretary of State when serving that notice; and

(b) ends with the completion of the test;

and, for these purposes, a “relevant notice” is a notice under section 94(5)(c) of the Traffic Act requiring the person to submit to a disability assessment test.]

(12) In the case of an LGV trainee driver’s licence issued as a provisional licence, this regulation shall apply as modified by regulation 54.

(13) In this regulation—

(a) “exempted island" means any island outside the mainland of Great Britain from which motor vehicles, unless constructed or adapted specially for that purpose, cannot at any time be conveniently driven to a road in any other part of Great Britain by reason of the absence of any bridge, tunnel, ford or other way suitable for the passage of such motor vehicles but excluding any of the following islands, namely, the Isle of Wight, St. Mary’s (Isles of Scilly), the islands of Arran, Barra, Bute, Great Cumbrae, Islay, the island which comprises Lewis and Harris, Mainland Orkney, Mainland Shetland, Mull, the island which comprises North Uist, Benbecula and South Uist and Tiree;

[F62 (aa) “NHS invalid carriage” means a motor vehicle included in sub-category B1 (invalid carriages) that is owned by the Department for Health];

(b) “provisional licence", in relation to a class of vehicles, includes a full licence which is treated, by virtue of section 98 of the Traffic Act, as authorising its holder to drive vehicles of that class as if he held a provisional licence therefor;

(c) “qualified driver" shall be interpreted in accordance with regulation 17.

Textual Amendments

F58 Reg. 16(3)(aa) inserted (1.3.2003) by Motor Vehicles (Driving Licences) (Amendment) (No. 2) Regulations 2003 (S.I. 2003/222), regs. 1, 3(1)

F59 Words in reg. 16(7) omitted (1.2.2001) by virtue of The Motor Vehicles (Driving Licences) (Amendment) Regulations 2001 (S.I. 2001/53), regs. 1, 6(2)

F60 Reg. 16(7A)(7B) inserted (1.2.2001) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2001 (S.I. 2001/53), regs. 1, 6(3)

F61 Reg. 16(11A) inserted (1.1.2001) by The Motor Vehicles (Driving Licences) (Amendment)(No. 2) Regulations 2000 (S.I. 2000/3157), regs. 1, 4

F62 Reg. 16(13)(aa) inserted (1.3.2003) by Motor Vehicles (Driving Licences) (Amendment) (No. 2) Regulations 2003 (S.I. 2003/222), regs. 1, 3(2)

Meaning of “qualified driver" E+W+S

17.—(1) Subject to paragraph (2), a person is a qualified driver for the purposes of regulation 16 if he—

(a) is 21 years of age or over,

(b) holds a relevant licence,

(c) has the relevant driving experience, and

(d) in the case of a disabled driver, he is supervising a provisional licence holder who is driving a vehicle of a class included in [F63 categories B, C, D, C+E, or D+E] and would in an emergency be able to take control of the steering and braking functions of the vehicle in which he is a passenger.

(2) In the case of a person who is a member of the armed forces of the Crown acting in the course of his duties for naval, military or air force purposes sub-paragraphs (a) and (c) of paragraph (1) shall not apply.

(3) For the purposes of this regulation—

(a) “disabled driver" means a person who holds a relevant licence which is limited by virtue of a declaration made with his application for the licence or a notice served under section 92(5)(b) of the Traffic Act to vehicles of a particular class;

(b) “full licence" includes a full Northern Ireland licence and a Community licence;

[F64 (c) “relevant licence” means, subject to sub-paragraph (d), a full licence authorising—

(i) the driving of vehicles of the same class as the vehicle being driven by the provisional licence holder, and

(ii) where sub-paragraph (f) applies—

(aa) where that class of vehicle is included within any sub-category specified in column 1 of the table at the end of this regulation, the driving of vehicles in the sub-category specified in column 2 which is opposite that sub-category, or

(bb) where sub-paragraph (aa) does not apply, the driving of vehicles in the category specified in column 2 of that table which is opposite the category specified in column 1 that includes the class of vehicle being driven by the provisional licence holder;

(d) in the case of a disabled driver who holds a licence authorising the driving of vehicles in category B, a relevant licence must authorise the driving of vehicles other than vehicles in sub-category B1 or B1 (invalid carriages);

(e) a person has relevant driving experience if—

(i) where sub-paragraph (c)(i) only applies, he has held the relevant licence for a period of 3 years, or

(ii) where sub-paragraph (c)(ii) applies, he has held the relevant licence authorising the driving of vehicles—

(aa) of the same class as the vehicle being driven by the provisional licence holder for a minimum period of 1 year, and

(bb) in the category or sub-category specified in column 2 described in sub-paragraph (c)(ii) for a minimum period of 3 years;

(f) this sub-paragraph applies where—

(i) a person holds a full licence authorising the driving of vehicles of the same class as the vehicle being driven by the provisional licence holder;

(ii) that class is included in a category or sub-category specified in column 1 of the table at the end of this regulation, and

(iii) that person has held that licence for less than a minimum period of 3 years;

(g) for the purposes of sub-paragraphs (e) and (f), the minimum period of time for holding a full licence may be met either by holding that licence continuously for that period or for periods amounting in aggregate to not less than that period.

TABLE

Column 1	Column 2
Categories and sub-categories which include the vehicle being driven by the provisional licence holder	Categories and sub-categories authorised by the relevant licence
C	D
C1	D1
C+E	D+E
C1+E	D1+E
D	C
D1	C1
D+E	C+E
D1+E	C1+E]

Textual Amendments

F63 Words in reg. 17(1)(d) substituted (1.11.2005) by The Motor Vehicles (Driving Licences) (Amendment) (No 2) Regulations 2005 (S.I. 2005/2717), regs. 1, 3(2)

F64 Reg. 17(3)(c)-(g) and Table substituted for reg. 17(3)(c)-(f) and Table (1.4.2006) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2006 (S.I. 2006/524), regs. 1(2), 3(2)

Conditions attached to provisional licences: holders of driving permits other than licences granted under Part III of the Traffic Act E+W+S

18.  A holder of a provisional licence authorising the driving of vehicles of any class who also holds a permit by virtue of which he is at any time—

(a) treated, by virtue of regulation 80, as the holder, for the purposes of section 87 of the Traffic Act, of a licence authorising the driving of vehicles of that class, or

(b) entitled, pursuant to article 2(1) of the Motor Vehicles (International Circulation) Order 1975 F65 , to drive motor vehicles of that class,

need not comply with regulation 16 at that time.

Textual Amendments

F65 S.I. 1975/1208. Article 2(1) was substituted by S.I. 1989/993 and amended by S.I. 1991/771.

Full licences not carrying provisional entitlement E+W+S

19.—(1) The application of sections 98(2) and 99A(5) of the Traffic Act is limited or excluded in accordance with the following paragraphs.

(2) Subject to paragraphs (3), (4), (5), (6), (11) and (12), the holder of a full licence which authorises the driving of motor vehicles of a class included in a category or sub-category specified in column (1) of the table at the end of this regulation may drive motor vehicles—

(a) of other classes included in that category or sub-category, and

(b) of a class included in each category or sub-category specified, in relation to that category or sub-category, in column (2) of the table,

as if he were authorised by a provisional licence to do so.

(3) Section 98(2) shall not apply to a full licence if it authorises the driving only of motor vehicles adapted on account of a disability, whether pursuant to an application in that behalf made by the holder of the licence or pursuant to a notice served under section 92(5)(b) of the Traffic Act.

(4) In the case of a full licence which authorises the driving of a class of standard motor bicycles, other than bicycles included in sub-category A1, section 98(2) shall not apply so as to authorise the driving of a large motor bicycle by a person under the age of 21 before the expiration of the standard access period.

(5) In the case of a full licence which authorises the driving of motor bicycles of a class included in sub-category A1 section 98(2) shall not apply so as to authorise the driving of a large motor bicycle by a person under the age of 21.

(6) In the case of a full licence which authorises the driving of a class of vehicles included in category C or C+E, paragraph (2) applies subject to the provisions of regulation 54.

(7) Subject to paragraphs (8), (9), (10), (11) and (12), the holder of a Community licence to whom section 99A(5) of the Traffic Act applies and who is authorised to drive in Great Britain motor vehicles of a class included in a category or sub-category specified in column (1) of the Table at the end of this regulation may drive motor vehicles—

(a) of other classes included in that category or sub-category, and

(b) of a class included in each category or sub-category specified, in relation to that category or sub-category, in column (2) of the Table,

as if he were authorised by a provisional licence to do so.

(8) Section 99A(5) shall not apply to a Community licence if it authorises the driving only of motor vehicles adapted on account of a disability.

(9) In the case of a Community licence which authorises the driving of a class of standard motor bicycle other than bicycles included in sub-category A1, section 99A(5) shall not apply so as to authorise the driving of a large motor bicycle by a person under the age of 21 before the expiration of the period of two years commencing on the date when that person passed a test for a licence authorising the driving of that class of standard motor bicycle (and in calculating the expiration of that period, any period during which that person has been disqualified for holding or obtaining a licence shall be disregarded).

(10) In the case of a Community licence which authorises the driving only of motor bicycles of a class included in sub-category A1 section 98(2) shall not apply so as to authorise the driving of a large motor bicycle by a person under the age of 21.

(11) Except to the extent provided in paragraph (12), section 98(2) shall not apply to a full licence, and section 99A(5) shall not apply to a Community licence, in so far as it authorises its holder to drive motor vehicles of any class included in category B+E, C+E, D+E or K or in sub-category B1 (invalid carriages), C1 or D1 (not for hire or reward).

(12) A person—

(a) who holds a full licence authorising the driving only of those classes of vehicle included in a category or sub-category specified in paragraph (11) which have automatic transmission (and are not otherwise adapted on account of a disability), or

(b) who holds a Community licence, to whom section 99A(5) of the Traffic Act applies and who is authorised to drive in Great Britain only those classes of vehicle included in a category or sub-category specified in paragraph (11) which have automatic transmission (and are not otherwise adapted on account of a disability),

may drive motor vehicles of all other classes included in that category or sub-category which have manual transmission as if he were authorised by a provisional licence to do so.

TABLE

(1) Full licence held	(2) Provisional entitlement included
A1	A, B, F and K
A	B and F
B1	A, B and F
B	A, B+E, G and H
C	C1+E, C+E
D1	D1+E
D	D1+E, D+E
F	B and P
G	H
H	G
P	A, B, F and K

Miscellaneous E+W+S

Signatures on licences E+W+S

20.  In order that a licence may show the usual form of signature of its holder—

(a) where the Secretary of State so requires, a person applying for a licence shall provide the Secretary of State with a specimen of his signature which can be electronically recorded and reproduced on the licence;

(b) where no such requirement is made, a person to whom a licence is granted shall forthwith sign it in ink in the space provided.

Lost or defaced licences E+W+S

21.—(1) If the holder of a licence—

(a) satisfies the Secretary of State that—

(i) the licence or its counterpart has been lost or defaced; and

(ii) the holder is entitled to continue to hold the licence; and

(b) pays the fee prescribed by regulation 14,

the Secretary of State shall, on surrender of any licence or counterpart that has not been lost, issue to him a duplicate licence and counterpart and shall endorse upon the counterpart any particulars endorsed upon the original licence or counterpart as the case may be and the duplicates so issued shall have the same effect as the originals.

(2) If at any time while a duplicate licence is in force the original licence is found, the person to whom the original licence was issued, if it is in his possession, shall return it to the Secretary of State, or if it is not in his possession, but he becomes aware that it is found, shall take all reasonable steps to take possession of it and if successful shall return it as soon as may be to the Secretary of State.

(3) The obligation in paragaph (2) shall apply in respect of the counterpart of a licence as if for the words “original licence" in each place where they occur there were substituted the words “original counterpart".

PART III E+W+S TESTS OF COMPETENCE TO DRIVE

Preliminary E+W+S

Interpretation of Part III E+W+S

22.  In this Part of these Regulations—

• “applicant in person" means a person making an application for an appointment for a test or a part of a test with a view to taking the test or that part thereof himself;

• “appointed person" means a person appointed by the Secretary of State to conduct theory tests under paragraph (1)(a)(ii) or (2)(a) of regulation 23;

• [F66 “the CPC subjects” means the list of subjects set out in section 1 of Annex I to Directive 2003/59/EC of the European Parliament and of the Council of 15 July 2003 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers, amending Council Regulation (EEC) No. 3820/85 and Council Directive 91/439/EEC and repealing Council Directive 76/914/EEC in so far as these subjects are not already covered by the matters specified in regulation 40C(5) in respect of a vehicle of the relevant class]

• “DSA examiner" means a person appointed by the Secretary of State to conduct practical or unitary tests under paragraph (1)(a) or (2)(a) of regulation 24;

• “large vehicle instructor" means a person operating an establishment for providing instruction in the driving of vehicles included in category B+E, C, C+E, D or D+E, including an establishment which provides tuition to prepare persons for the theory test;

• “motor bicycle instructor" means a person operating an establishment for providing instruction in the driving of vehicles included in categories A or P, including an establishment which provides tuition to prepare persons for the theory test;

• [F67 “motor car instructor” means a person operating an establishment for providing instruction in the driving of vehicles included in category B, including an establishment which provides tuition to prepare persons for the theory test;]

• “standard access period" means the period of two years commencing on the date when a person passes a test for a licence authorising the driving of standard motor bicycles of any class, other than a class included in the sub-category A1, but disregarding—

  (a)

  any period during which the person is disqualified under section 34 F68 or 35 F69 of the Offenders Act,

  (b)

  in a case where the person has been disqualified under section 36 of the Offenders Act F70 , the period beginning on the date of the court order under subsection (1) of that section and ending on the date when the disqualification is deemed by virtue of that section to have expired in relation to standard motor bicycles of that class,

  (c)

  in a case where the Secretary of State has revoked the person’s licence or test pass certificate under section 3(2) of, or Schedule 1 to, the Road Traffic (New Drivers) Act 1995 F71 , the period beginning on the date of the notice of revocation under that Act and ending on the date when the person passes the relevant driving test within the meaning of that Act, and

  (d)

  any period during which the licence has ceased to be in force;

• “working day" means [F72 (other than in regulation 35)] a day other than a F73 ... Sunday, bank holiday, Christmas Day or Good Friday (and “bank holiday" means a day to be observed as such under section 1 of and Schedule 1 to [F74 the Banking and Financial Dealings Act 1971]F75 ).

Textual Amendments

F66 Words in reg. 22 inserted (7.7.2008) by The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2008 (S.I. 2008/1435), regs. 1(1), 4(a) (with reg. 22)

F67 Words in reg. 22 inserted (1.4.2006) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2006 (S.I. 2006/524), regs. 1(2), 4

F68 Amended by section 29 of the 1991 Act and section 3(2) of the Aggravated Vehicle-Taking Act 1992 (c. 11).

F69 Amended by paragraph 95 of Schedule 2 of the 1991 Act.

F70 Section 36 was substituted by section 32 of the 1991 Act and amended by the 1996 Regulations and the Deregulation (Exchangeable Driving Licences) Order 1998 (S.I. 1998/1917).

F71 1995 c. 13.

F72 Words in reg. 22 inserted (7.7.2008) by The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2008 (S.I. 2008/1435), regs. 1(1), 4(b) (with reg. 22)

F73 Word in reg. 22 omitted (1.11.2005) by virtue of The Motor Vehicles (Driving Licences) (Amendment) (No 2) Regulations 2005 (S.I. 2005/2717), regs. 1, 4

F74 Words in reg. 22 substituted (7.7.2008) by The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2008 (S.I. 2008/1435), regs. 1(1), 4(b) (with reg. 22)

F75 1971 c. 80.

Appointment of persons to conduct tests E+W+S

Persons by whom theory tests may be conducted E+W+S

23.—(1) A theory test other than a test conducted in the circumstances specified in paragraph (2) may be conducted by—

(a) a person appointed in writing by the Secretary of State—

(i) for the purpose of testing a class of persons specified in the instrument of appointment, or

(ii) where no class of persons is specified, for the purpose of testing persons generally;

(b) a person who, or a member of a class of persons which, has been appointed by the Secretary of State for Defence, for the purpose of testing members of the armed forces of the Crown and persons in the public service of the Crown under his department;

(c) a person appointed by a chief officer of police, for the purpose of testing—

(i) members of the police force of which he is the chief officer and persons employed by the police authority for the same police area for the purpose of assisting that force, and,

(ii) members of another police force and persons employed by a police authority for another police area for the purpose of assisting that force;

F76 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F77 (da) in England, a person appointed by any fire and rescue authority for the purpose of testing employees of any fire and rescue authority;]

[F78 (da) in England or Wales, a person appointed by any fire and rescue authority for the purpose of testing employees of any fire and rescue authority;]

[F79 (db) in Scotland, a person appointed by any relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5)) for the purpose of testing employees of any relevant authority;]

(e) an eligible person appointed by a company which—

(i) has been approved by the Secretary of State, and

(ii) is the holder of a PSV operator’s licence,

for the purpose of conducting, in respect of eligible candidates, theory tests in respect of any class of passenger-carrying vehicles[F80 , or

(f) an eligible person appointed by a company which—

(i) has been approved by the Secretary of State, and

(ii) is the holder of a goods vehicle operator’s licence,

for the purpose of conducting, in respect of eligible candidates, theory tests in respect of any class of goods vehicles.]

(2) Where the person submitting himself for a test is disqualified until he passes the appropriate driving test, a theory test shall be conducted by—

(a) a person appointed by the Secretary of State for the purpose;

(b) a person who, or a member of a class of persons which, has been appointed by the Secretary of State for Defence, for the purpose of testing members of the armed forces of the Crown and persons in the public service of the Crown under his department.

(3) No person shall be eligible to appoint any person or class of persons to conduct theory tests under the provisions of [F81 sub-paragraphs (b), (c), (da), (db), (e) or (f) of paragraph (1)] or under paragraph (2)(b) unless, following an application made to him for the purpose of any of those sub-paragraphs, the Secretary of State is satisfied that—

(a) proper arrangements will be made by the applicant, for the conduct of tests in accordance with these Regulations; and

(b) proper records of such tests and the results thereof will be kept by him or them,

and has granted his approval in writing, subject to such conditions as he thinks fit to impose.

[F82 (3A) The Secretary of State may vary any conditions imposed under paragraph (3) by notice in writing given to the person to whom the approval was granted.]

(4) In the case of an application made by a chief officer of police for the purposes of sub-paragraph (c) of paragraph (1), the Secretary of State may grant his approval under paragraph (3) in respect of the testing of all the persons mentioned in that sub-paragraph or only in respect of the testing of the persons mentioned in paragraph (i) thereof.

(5) No person or class of persons may be appointed under the provisions of [F83 sub-paragraphs (b), (c), (da), (db), (e) or (f) of paragraph (1)] or under paragraph (2)(b) unless the person making the appointment has appointed a person or class of persons to conduct practical tests under the provisions of regulation 24(1) and the Secretary of State has approved that appointment.

(6) An appointment made under paragraph (1)(a)(ii) may be made subject to such conditions as are, in the opinion of the Secretary of State, reasonably necessary in the general interests of candidates and where an appointed person breaks such a condition the Secretary of State may appoint another person to carry out theory tests in substitution for that person notwithstanding that the first appointment has not been revoked.

(7) A person may not conduct a test prescribed in respect of any category or sub-category of motor vehicle unless he is expressly appointed for the purpose of conducting such a test.

(8) No person or member of a class of persons appointed by virtue of [F84 sub-paragraphs (b), (c), (da), (db), (e) or (f) of paragraph (1)] or under paragraph (2)(b) may conduct tests unless the Secretary of State has given his approval in writing to the appointment and such approval shall be granted only if the Secretary of State is satisfied that the person (or, in the case of the appointment of a class of persons, each member of that class) is capable of making a proper assessment of a candidate’s knowledge and understanding of driving theory relating to the category or sub-category of vehicles in respect of which he is appointed to conduct tests.

(9) In this regulation and regulation 24—

• “chief officer of police", “police area" and “police authority" have the meanings given in section 101(1) of the Police Act 1996 F85 ;

• “company" includes a body corporate;

• “eligible candidate" means—

  (i)

  [F86 a person who is employed as a driver by the company which holds the PSV licence where paragraph (1)(e) applies, or the goods vehicle operator’s licence where paragraph (1)(f) applies, or by a sister company of that company which holds a licence of the same description, or;]

  (ii)

  a person whom any such company as is mentioned in sub-paragraph (i) proposes to employ as a driver;

• [F87 “eligible person” means a person employed by the company which holds the PSV licence where paragraph (1)(e) applies, or the goods vehicle operator’s licence where paragraph (1)(f) applies, or by a sister company of that company which holds a licence of the same description, or;]

and a company is a sister company of another if either is the holding company of the other or both are wholly-owned subsidiaries of a third within the meaning of section 736 of the Companies Act 1985 F88 .

• [F89 “goods vehicle operator’s licence” means the holder of an operator’s licence within the meaning of section 58(1) of the Goods Vehicles (Licensing of Operators) Act 1995.]

Textual Amendments

F76 Reg. 23(1)(d) omitted (1.4.2008) by virtue of The Motor Vehicles (Driving Licences) (Amendment) Regulations 2008 (S.I. 2008/508), regs. 1, 3(a)

F77 Reg. 23(1)(da) inserted (E.) (30.12.2004) by The Fire and Rescue Services Act 2004 (Consequential Amendments) (England) Order 2004 (S.I. 2004/3168), arts. 1(1), 51(2)(b)

F78 Reg. 23(1)(da) inserted (W.) (25.10.2005) by The Fire and Rescue Services Act 2004 (Consequential Amendments) (Wales) Order 2005 (S.I. 2005/2929), arts. 1(1), 51(2)(b)

F79 Reg. 23(1)(db) inserted (S.) (2.8.2005) by The Fire (Scotland) Act 2005 (Consequential Modifications and Amendments) (No. 2) Order 2005 (S.S.I. 2005/344), art. 1, Sch. 1 para. 24(2)(b); S.S.I. 2005/392, arts. 1, 2

F80 Reg. 23(1)(f) and word inserted (2.4.2007) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2007 (S.I. 2007/698), regs. 1(1), 3(a)

F81 Words in reg. 23(3) substituted (1.4.2008) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2008 (S.I. 2008/508), regs. 1, 3(b)

F82 Reg. 23(3A) inserted (7.7.2008) by The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2008 (S.I. 2008/1435), regs. 1(1), 5 (with reg. 22)

F83 Words in reg. 23(5) substituted (1.4.2008) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2008 (S.I. 2008/508), regs. 1, 3(c)

F84 Words in reg. 23(8) substituted (1.4.2008) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2008 (S.I. 2008/508), regs. 1, 3(b)

F85 1996 c. 16.

F86 Words in reg. 23(9) substituted (2.4.2007) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2007 (S.I. 2007/698), regs. 1(1), 3(b)(i)

F87 Words in reg. 23(9) substituted (2.4.2007) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2007 (S.I. 2007/698), regs. 1(1), 3(b)(ii)

F88 1985 c. 6. Section 736 was substituted by the Companies Act 1989, section 144(1).

F89 Words in reg. 23(9) inserted (2.4.2007) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2007 (S.I. 2007/698), regs. 1(1), 3(b)(iii)

[F90 23A.— (1) The Secretary of State shall, on request, supply (by electronic or other means) a test set to any person who has appointed another person or class of persons to conduct theory tests under sub-paragraph (b), (c), (da), (db), (e) or (f) of regulation 23(1) or under regulation 23(2)(b).

(2) For each test set supplied under paragraph (1) the Secretary of State may make a charge —

(a) in respect of a test in relation to a motor vehicle in a category of A, B or P, of £18.50; or

(b) in respect of a test in relation to a motor vehicle in a category of C or D –

(i) of £20 for a large vehicle test of driving theory; and

(ii) of £9 for a large vehicle test of hazard perception.

(3) The charge referred to in paragraph (2) is payable by the person who has appointed a person or class of persons to conduct the theory test for which a test set has been supplied.

(4) In this regulation, a “test set” means—

(a) in respect of the test referred to in paragraph (2)(a), a set of theory test questions and film clips, each as described in regulation 40B, for each person taking the test; and

(b) in respect of the test referred to in paragraph (2)(b), a set of theory test questions, in the case of the large vehicle test of driving theory or a set of film clips, in the case of the large vehicle test of hazard perception, the set of questions or clips each being as described in regulation 40B, for each person taking the test.]

Textual Amendments

F90 Reg. 23A inserted (7.7.2008) by The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2008 (S.I. 2008/1435), regs. 1(1), 6 (with reg. 22)

Persons by whom practical and unitary tests may be conducted E+W+S

24.—(1) A practical or unitary test other than a test conducted in the circumstances specified in paragraph (2) [F91 or (2A)] may, subject to the following provisions of this regulation, be conducted by—

(a) a person in the public service of the Crown appointed by the Secretary of State;

(b) a person who, or a member of a class of persons which, has been appointed by the Secretary of State for Defence, for the purpose of testing members of the armed forces of the Crown and persons in the public service of the Crown under his department;

(c) F92 ...F93 ... F92 ... F94 ...

[F95 (ca) in England, a person appointed by any fire and rescue authority for the purpose of testing employees of any fire and rescue authority;]

[F96 (ca) in England or Wales, a person appointed by any fire and rescue authority for the purpose of testing employees of any fire and rescue authority;]

[F97 (cb) in Scotland, a person appointed by any relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5)) for the purpose of testing employees of any relevant authority;]

(d) a person appointed by a chief officer of police, for the purpose of testing—

(i) members of the police force of which he is the chief officer and persons employed by the police authority for the same police area for the purpose of assisting that force, and

(ii) members of another police force and persons employed by a police authority for another police area for the purpose of assisting that force;

F98 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) an eligible person appointed by a company which—

(i) has been approved by the Secretary of State, and

(ii) is the holder of a PSV operator’s licence,

for the purpose of conducting, in respect of eligible candidates, practical tests in respect of any class of passenger-carrying vehicles[F99 , or

(g) an eligible person appointed by a company which—

(i) has been approved by the Secretary of State, and

(ii) is the holder of a goods vehicle operator’s licence,

for the purpose of conducting, in respect of eligible candidates, practical tests in respect of any class of goods vehicles.]

(2) Where the person submitting himself for a test is disqualified until he passes the appropriate driving test, a practical or unitary test shall be conducted by—

(a) a person in the public service of the Crown appointed by the Secretary of State, or

(b) a person who, or a member of a class of persons which, has been appointed by the Secretary of State for Defence, for the purpose of testing members of the armed forces of the Crown and persons in the public service of the Crown under his department.

[F100 (2A) A practical test which is conducted as a disability assessment test shall be conducted by—

(a) a person in the public service of the Crown appointed by the Secretary of State for the purposes of paragraph (1)(a), or

(b) a person appointed by the Secretary of State for the purpose of conducting the test.]

(3) No person shall be eligible to appoint any person or class of persons to conduct practical or unitary tests under the provisions of [F101 sub-paragraphs (b), (ca), (cb), (d), (f) or (g) of paragraph (1)] or under paragraph (2)(b) unless, following an application made to him for the purpose of any of those sub-paragraphs, the Secretary of State is satisfied that—

(a) proper arrangements will be made by the applicant, for the conduct of tests in accordance with these Regulations; and

(b) proper records of such tests and the results thereof will be kept by him or them,

and has granted his approval in writing, subject to such conditions as he thinks fit to impose.

[F102 (3A) The Secretary of State may vary any conditions imposed under paragraph (3) by notice in writing given to the person to whom the approval was granted.]

(4) In the case of an application made by a chief officer of police for the purposes of sub-paragraph (d) of paragraph (1), the Secretary of State may grant his approval under paragraph (3) in respect of the testing of all the persons mentioned in that sub-paragraph or only in respect of the testing of the persons mentioned in paragraph (i) thereof.

(5) No person or member of a class of persons appointed under the provisions of [F103 sub-paragraphs (b), (ca), (cb), (d), (f) or (g) of paragraph (1)] or under paragraph (2)(b) may conduct tests unless the Secretary of State has given his approval in writing to his appointment and such approval shall be granted only if the Secretary of State is satisfied that the person (or, in the case of the appointment of a class of persons, each member of that class) is capable of making a proper assessment of a candidate’s ability to drive vehicles of the class in respect of which he is appointed to conduct tests.

(6) A person may not conduct a test prescribed in respect of any category or sub-category of motor vehicle unless he is expressly appointed for the purpose of conducting such a test.

[F104 (7) Each person who has appointed a person to conduct tests under sub-paragraph (ca), (cb), (d), (f) or (g) of paragraph (1) shall pay an annual charge of £950 during the currency of the appointment to the Secretary of State in accordance with paragraph (8) in respect of each person so appointed.

(8) In the case of an appointment made—

(a) on or after 4 August 2008, the annual charge is payable on the making of the appointment and on each anniversary of the appointment; and

(b) before 4 August 2008, the annual charge is payable on 4 August 2008 and on each anniversary of that date.]

Textual Amendments

F91 Words in reg. 24(1) inserted (1.1.2001) by The Motor Vehicles (Driving Licences) (Amendment)(No. 2) Regulations 2000 (S.I. 2000/3157), regs. 1, 6(1)(a)

F92 Words in reg. 24(1)(c) omitted (W.) (25.10.2005) by virtue of The Fire and Rescue Services Act 2004 (Consequential Amendments) (Wales) Order 2005 (S.I. 2005/2929), arts. 1(1), 51(3)(a)

F93 Words in reg. 24(1)(c) omitted (E.) (30.12.2004) by virtue of The Fire and Rescue Services Act 2004 (Consequential Amendments) (England) Order 2004 (S.I. 2004/3168), arts. 1(1), 51(3)(a)

F94 Words in reg. 24(1)(c) omitted (S.) (2.8.2005) by virtue of The Fire (Scotland) Act 2005 (Consequential Modifications and Amendments) (No. 2) Order 2005 (S.S.I. 2005/344), art. 1, Sch. 1 para. 24(3)(a); S.S.I. 2005/392, arts. 1, 2

F95 Reg. 24(1)(ca) inserted (E.) (30.12.2004) by The Fire and Rescue Services Act 2004 (Consequential Amendments) (England) Order 2004 (S.I. 2004/3168), arts. 1(1), 51(3)(b)

F96 Reg. 24(1)(ca) inserted (W.) (25.10.2005) by The Fire and Rescue Services Act 2004 (Consequential Amendments) (Wales) Order 2005 (S.I. 2005/2929), arts. 1(1), 51(3)(b)

F97 Reg. 24(1)(cb) inserted (S.) (2.8.2005) by The Fire (Scotland) Act 2005 (Consequential Modifications and Amendments) (No. 2) Order 2005 (S.S.I. 2005/344), art. 1, Sch. 1 para. 24(3)(b); S.S.I. 2005/392, arts. 1, 2

F98 Reg. 24(1)(e) omitted (1.9.2003) by virtue of The Motor Vehicles (Driving Licences) (Amendment)(No. 4) Regulations 2003 (S.I. 2003/2003), regs. 1(1)(a), 3(3)

F99 Reg. 24(1)(g) and preceding word inserted (2.4.2007) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2007 (S.I. 2007/698), regs. 1(1), 4

F100 Reg. 24(2A) inserted (1.1.2001) by The Motor Vehicles (Driving Licences) (Amendment)(No. 2) Regulations 2000 (S.I. 2000/3157), regs. 1, 6(2)

F101 Words in reg. 24(3) substituted (1.4.2008) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2008 (S.I. 2008/508), regs. 1, 4(a)

F102 Reg. 24(3A) inserted (7.7.2008) by The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2008 (S.I. 2008/1435), regs. 1(1), 7(a) (with reg. 22)

F103 Words in reg. 24(5) substituted (1.4.2008) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2008 (S.I. 2008/508), regs. 1, 4(b)

F104 Reg. 24(7)(8) inserted (7.7.2008) by The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2008 (S.I. 2008/1435), regs. 1(1), 7(b) (with reg. 22)

Revocation of authority to conduct tests E+W+S

25.—(1) The Secretary of State may revoke—

(a) an appointment made under regulation 23(1)(a) or (2)(a) or under regulation 24(1)(a) or (2)(a), or

(b) an approval given under regulation 23(3) or (8) or under regulation 24(3) or (5),

by notice in writing and the authority of the person whose appointment is revoked or whose approval is withdrawn to conduct theory tests or, as the case may be, to appoint other persons to conduct unitary, practical or theory tests, shall cease upon the date specified in the notice.

(2) Where a person has his appointment revoked or if an approval given in respect of him under regulation 23(3) or 24(3) is withdrawn, that person shall immediately return to the Secretary of State all forms of pass certificates supplied to him under regulations 47(8) and 48(3) which he still holds.

Applications for tests E+W+S

Applications for theory tests: applicants in person E+W+S

26.—(1) An applicant in person wishing to take a theory test to be conducted by an appointed person shall—

(a) apply for an appointment to that person,

(b) provide that person with such details relating to himself, the licence which he holds, the preferred location of the test, and the nature of the test to be taken as he may reasonably require, and

(c) F105 ... pay the fee specified in regulation 30.

(2) Upon receipt of such details and such fee the appointed person shall make the arrangements necessary for taking the theory test.

(3) An applicant in person for whom an appointment is made as aforesaid in respect of any category of motor vehicle may neither apply as an applicant in person nor be nominated by virtue of [F106 regulation 27, 28 or 28A] for a further appointment for a theory test in respect of the same category unless—

(a) the first appointment has been cancelled, or

(b) the test due on the first appointment does not take place for any reason other than cancellation; or

(c) he has kept the first appointment (whether or not the test is completed).

Textual Amendments

F105 Words in reg. 26(1)(c) omitted (1.4.2006) by virtue of The Motor Vehicles (Driving Licences) (Amendment) Regulations 2006 (S.I. 2006/524), regs. 1(2), 5(2)

F106 Words in reg. 26(3) substituted (1.4.2006) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2006 (S.I. 2006/524), regs. 1(2), 5(3)

Applications for theory tests: motor bicycle instructors E+W+S

27.—(1) A motor bicycle instructor who wishes to make an appointment for a theory test prescribed in respect of motor vehicles in category A or P to be conducted by an appointed person and to be taken by a person who has, or will have, received from that instructor tuition to prepare him for the theory test shall—

(a) apply for such an appointment to the appointed person, specifying the date and time of the appointment which the instructor wishes to reserve and the place where he wishes the test to be conducted,

(b) provide such details relating to himself, the establishment and the nature of the test as the appointed person may reasonably require, [F107 and]

F108 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) pay the fee (recoverable from the person nominated under paragraph (4)) specified in regulation 30.

(2) The appointed person may refuse to accept an application from a motor bicycle instructor (or, where two or more applications have been made on the same occasion, to accept all or any of those applications) where any appointment specified in the application is unavailable or where, in the opinion of the appointed person, it is reasonably necessary to do so in the general interests of applicants for theory tests.

(3) Subject to paragraphs (2) and (5), upon receipt of such details and such fee the appointed person shall confirm to the motor bicycle instructor the date and time of the appointment.

(4) If, before the expiration of the qualifying period, the appointed person receives from the motor bicycle instructor the name and such further details relating to—

(a) the person receiving tuition from that instructor who will at the appointment submit himself for that test, and

(b) the nature of the test,

as the appointed person may reasonably require, the appointed person shall make the arrangements necessary for the taking of the appropriate test.

(5) A person nominated by a motor bicycle instructor pursuant to paragraph (4) for a theory test in respect of motor vehicles in category A or P may neither be so nominated nor apply under regulation 26 for a further appointment for such a test unless—

(a) the appointment made pursuant to the first nomination has been cancelled, or

(b) the test due on that appointment does not take place for any reason other than cancellation, or

(c) he has kept that appointment (whether or not the test is completed).

(6) The qualifying period for the purposes of paragraph (4) is the period expiring [F109 at 16.00 hours on the day which allows one clear working day to elapse between that day and] the day for which the appointment is made.

Textual Amendments

F107 Word in reg. 27(1)(b) added (7.7.2008) by The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2008 (S.I. 2008/1435), regs. 1(1), 8(a) (with reg. 22)

F108 Reg. 27(1)(c) omitted (7.7.2008) by virtue of The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2008 (S.I. 2008/1435), regs. 1(1), 8(b) (with reg. 22)

F109 Words in reg. 27(6) substituted (1.11.2005) by The Motor Vehicles (Driving Licences) (Amendment) (No 2) Regulations 2005 (S.I. 2005/2717), regs. 1, 5

Applications for theory tests: large vehicle instructors E+W+S

28.—(1) A large vehicle instructor who wishes to make an appointment for a theory test prescribed in respect of motor vehicles in category C or D to be conducted by an appointed person and to be taken by a person who has, or will have, received from that instructor tuition to prepare him for the theory test shall—

(a) apply for such an appointment to the appointed person, specifying the date and time of the appointment which the instructor wishes to reserve and the place where he wishes the test to be conducted,

(b) provide such details relating to himself, the establishment and the nature of the test as the appointed person may reasonably require, [F110 and]

F111 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) pay the fee (recoverable from the person nominated under paragraph (4)) specified in regulation 30.

(2) The appointed person may refuse to accept an application from a large vehicle instructor (or, where two or more applications have been made on the same occasion, to accept all or any of those applications) where any appointment specified in the application is unavailable, or where, in the opinion of the appointed person, it is reasonably necessary to do so in the general interests of applicants for theory tests.

(3) Subject to paragraphs (2) and (5), upon receipt of such details and such fee the appointed person shall confirm to the large vehicle instructor the date and time of the appointment.

(4) If, before the expiration of the qualifying period, the appointed person receives from the large vehicle instructor the name and such further details relating to—

(a) the person receiving tuition from that instructor who will at the appointment submit himself for that test, and

(b) the nature of the test,

as the appointed person may reasonably require, the appointed person shall make the arrangements necessary for the taking of the appropriate test.

(5) A person nominated by a large vehicle instructor pursuant to paragraph (4) for a theory test prescribed in respect of any category may neither be so nominated nor apply under regulation 26 for a further appointment for such a test unless—

(a) the appointment made pursuant to the first nomination has been cancelled, or

(b) the test due on that appointment does not take place for any reason other than cancellation, or

(c) he has kept that appointment (whether or not the test is completed).

(6) The qualifying period for the purposes of paragraph (4) is the period ending [F112 at 16.00 hours on the day which allows one clear working day to elapse between that day and] the day for which the appointment is made.

Textual Amendments

F110 Word in reg. 28(1)(b) added (7.7.2008) by The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2008 (S.I. 2008/1435), regs. 1(1), 9(a) (with reg. 22)

F111 Reg. 28(1)(c) omitted (7.7.2008) by virtue of The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2008 (S.I. 2008/1435), regs. 1(1), 9(b) (with reg. 22)

F112 Words in reg. 28(6) substituted (1.11.2005) by The Motor Vehicles (Driving Licences) (Amendment) (No 2) Regulations 2005 (S.I. 2005/2717), regs. 1, 5

[F113 Applications for theory tests: motor car instructors E+W+S

28A— (1) A motor car instructor who wishes to make an appointment for a theory test prescribed in respect of motor vehicles in category B to be conducted by an appointed person and to be taken by a person who has, or will have, received from that instructor tuition to prepare him for the theory test shall—

(a) apply for such an appointment to the appointed person, specifying the date and time of the appointment which the instructor wishes to reserve and the place where he wishes the test to be conducted,

(b) provide such details relating to himself, the establishment and nature of the test as the appointed person may reasonably require,

(c) pay the fee (recoverable from the person nominated under paragraph (4)) specified in regulation 30.

(2) The appointed person may refuse to accept an application from a motor car instructor (or, where two or more applications have been made on the same occasion, to accept all or any of those applications) where any appointment specified in the application is unavailable, or where, in the opinion of the appointed person, it is reasonably necessary to do so in the general interests of applicants for theory tests.

(3) Subject to paragraphs (2) and (5), upon receipt of such details and such fee the appointed person shall confirm to the motor car instructor the date and time of the appointment.

(4) If, before the expiration of the qualifying period, the appointed person receives from the motor car instructor the name and such further details relating to—

(a) the person receiving tuition from that instructor who will at the appointment submit himself for that test, and

(b) the nature of the test,

as the appointed person may reasonably require, the appointed person shall make the arrangements necessary for the taking of the appropriate test.

(5) A person nominated by a motor car instructor pursuant to paragraph (4) for a theory test prescribed in respect of any category may neither be so nominated nor apply under regulation 26 for a further appointment for such a test unless—

(a) the appointment made pursuant to the first nomination has been cancelled, or

(b) the test due on that appointment does not take place for any reason other than cancellation, or

(c) he has kept that appointment (whether or not the test is completed).

(6) The qualifying period for the purposes of paragraph (4) is the period ending at 16.00 hours on the day which allows one clear working day to elapse between that day and the day for which the appointment is made.]

Textual Amendments

F113 Reg. 28A inserted (1.4.2006) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2006 (S.I. 2006/524), regs. 1(2), 6

Eligibility to reapply for theory test E+W+S

29.—(1) Subject to paragraph (2), a person who has failed to pass a theory test prescribed in respect of any category may not make an application for another test of that nature to be conducted before the expiry of a period of three clear working days commencing with the day after the date of the first test.

(2) Paragraph (1) shall not apply—

(a) in a case where the person is either a member of the armed forces of the Crown or a person in the civil service of the Crown under the Secretary of State for Defence and the application is made with the consent of a person authorised by the Secretary of State for Defence; or

(b) in a case where the first test is conducted by an appointed person in accordance with paragraph (1)(a) or (2)(a) of regulation 23 and the Secretary of State has, prior to that test, given notice to the person that he will accept an application for a further test to be conducted before the expiry of the period mentioned in paragraph (1).

Fees for theory tests E+W+S

[F114 30.— (1) The fee payable for a large vehicle test of driving theory to be conducted by an appointed person is £35 and the fee payable for a large vehicle test of hazard perception to be conducted by an appointed person is £15.]

[F115 (2) The fee payable for a theory test to be conducted by an appointed person in respect of a motor vehicle in a category of A, B or P is £30.00.]

Textual Amendments

F114 Reg. 30(1) substituted (7.7.2008) by The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2008 (S.I. 2008/1435), regs. 1(1), 10 (with reg. 22)

F115 Reg. 30(2) substituted (1.4.2008) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2008 (S.I. 2008/508), regs. 1, 5(b)

Applications for practical and unitary tests: applicants in person E+W+S

31.—(1) An applicant in person wishing to take a practical or unitary test to be conducted by a DSA examiner shall—

(a) apply for an appointment for such a test to the Secretary of State,

(b) provide the Secretary of State with such details relating to himself, the licence which he holds, the preferred location of the test, the nature of the test and the vehicle on which the test is to be taken as the Secretary of State may reasonably require, and

(c) pay such fee as is specified in regulation 35.

(2) Upon receipt of such details and such fee the Secretary of State shall make the arrangements necessary for the taking of the appropriate test.

(3) An applicant in person for whom an appointment is made as aforesaid in respect of a class of motor vehicle in any category may neither apply as an applicant in person nor be nominated by virtue of regulation 32 or 33 for a further appointment for a practical or, as the case may be, a unitary test on a vehicle of the same class unless—

(a) the first appointment has been cancelled, or

(b) the test due on the first appointment does not take place for any reason other than cancellation, or

(c) he has kept the first appointment (whether or not the test is completed).

Applications for practical tests: motor bicycle instructors E+W+S

32.—(1) A motor bicycle instructor who wishes to make an appointment for a practical test prescribed in respect of category A or P which is to be conducted by a DSA examiner and taken by a person who has, or will have, received from that instructor instruction in the driving of vehicles of a class included in either category shall—

(a) apply for such an appointment to the Secretary of State, specifying the date and time for the appointment which the instructor wishes to reserve and the place where he wishes the test to be conducted,

(b) provide such details relating to—

(i) himself,

(ii) his establishment,

(iii) the vehicle on which the test is to be taken, and

(iv) the nature of the test,

as the Secretary of State may reasonably require, and

(c) pay such fee (recoverable from the person nominated under paragraph (4)) as is specified in regulation 35.

(2) The Secretary of State may refuse to accept an application from a motor bicycle instructor (or, where two or more applications have been made on the same occasion, to accept all or any of those applications) where an appointment specified in the application is unavailable or where, in the opinion of the Secretary of State, it is reasonably necessary to do so in the general interests of applicants for practical or unitary tests.

(3) Subject to paragraphs (2) and (5), upon receipt of such details and such fee the Secretary of State shall confirm to the motor bicycle instructor the date and time of the appointment.

(4) If, before the expiration of the qualifying period, the Secretary of State receives from the motor bicycle instructor the name and such further details relating to—

(a) the person receiving instruction from that instructor who will at the appointment submit himself for that test,

(b) the licence which that person holds,

(c) the nature of the test, and

(d) the vehicle on which the test is to be taken,

as the Secretary of State may reasonably require, the Secretary of State shall make the arrangements necessary for the taking of the appropriate test.

(5) A person nominated by a motor bicycle instructor pursuant to paragraph (4) for a practical test in respect of any class of motor vehicle included in category A or P may neither be so nominated nor apply under regulation 31 for a further appointment for a test in respect of a motor vehicle of the same class unless—

(a) the appointment made pursuant to the first nomination has been cancelled, or

(b) the test due on that appointment does not take place for any reason other than cancellation, or

(c) he has kept that appointment (whether or not the test is completed).

(6) The qualifying period for the purposes of paragraph (4) is the period expiring at [F116 16.00 hours on the day which allows one clear working day to elapse between that day and] the day for which the appointment is made.

Textual Amendments

F116 Words in reg. 32(6) substituted (1.11.2005) by The Motor Vehicles (Driving Licences) (Amendment) (No 2) Regulations 2005 (S.I. 2005/2717), regs. 1, 6

Applications for practical tests: large vehicle instructors E+W+S

33.—(1) A large vehicle instructor who wishes to make an appointment for a practical test prescribed in respect of category B+E, C, C+E, D or D+E which is to be conducted by a DSA examiner and taken by a person who has, or will have, received from that instructor instruction in the driving of a class of vehicle included in any of those categories shall—

(a) apply for such an appointment to the Secretary of State, specifying the date and time for the appointment which the instructor wishes to reserve and the place where he wishes the test to be conducted,

(b) provide such details relating to—

(i) himself,

(ii) his establishment,

(iii) the vehicle on which the test is to be taken, and

(iv) the nature of the test,

as the Secretary of State may reasonably require, and

(c) pay such fee (recoverable from the person nominated under paragraph (4)) as is specified in regulation 35.

(2) The Secretary of State may refuse to accept an application from a large vehicle instructor (or, where two or more applications have been made on the same occasion, to accept all or any of those applications) where an appointment specified in the application is unavailable or where, in the opinion of the Secretary of State, it is reasonably necessary to do so in the general interests of applicants for practical or unitary tests.

(3) Subject to paragraphs (2) and (5), upon receipt of such details and such fee the Secretary of State shall confirm to the large vehicle instructor the date and time of the appointment.

(4) If, before the expiration of the qualifying period, the Secretary of State receives from the large vehicle instructor the name and such further details relating to—

(a) the person receiving instruction from that instructor who will at the appointment submit himself for that test,

(b) the licence which that person holds,

(c) the nature of the test, and

(d) the vehicle on which the test is to be taken,

as the Secretary of State may reasonably require, the Secretary of State shall make the arrangements necessary for the taking of the appropriate test.

(5) A person nominated by a large vehicle instructor pursuant to paragraph (4) for a practical test in respect of any class of vehicle may neither be so nominated nor apply under regulation 31 for a further appointment for a test in respect of a motor vehicle of a class included in the same category unless—

(a) the appointment made pursuant to the first nomination has been cancelled, or

(b) the test due on that appointment does not take place for any reason other than cancellation, or

(c) he has kept that appointment (whether or not the test is completed).

(6) The qualifying period for the purposes of paragraph (4) is the period expiring at [F117 16.00 hours on the day which allows one clear working day to elapse between that day and] the day for which the appointment is made.

Textual Amendments

F117 Words in reg. 33(6) substituted (1.11.2005) by The Motor Vehicles (Driving Licences) (Amendment) (No 2) Regulations 2005 (S.I. 2005/2717), regs. 1, 6

Eligibility to reapply for practical or unitary test E+W+S

34.—(1) Subject to the following provisions of this regulation, a person who has failed to pass a practical or unitary test (“the first test") for a licence authorising the driving of vehicles of a class included in any category may not make an application for another test for a licence authorising the driving of vehicles of any class included in the same category to be conducted before the expiry of the relevant period.

(2) Paragraph (1) shall not apply—

(a) in a case where the person is either a member of the armed forces of the Crown or a person in the civil service of the Crown under the Secretary of State for Defence and the application is made with the consent of a person authorised by the Secretary of State for Defence; or

(b) in a case where the first test is conducted by a DSA examiner and the Secretary of State has, prior to that test, given notice to the person that he will accept an application for a further test to be conducted before the expiry of the relevant period.

(3) In this regulation, “the relevant period" means—

(a) in the case of a test for a licence authorising the driving of a vehicle of a class included in category [F118 B+E,] C, C+E, D or D+E, 3 clear working days, and

(b) in any other case, 10 clear working days.

commencing with the first day after the date of the first test.

Textual Amendments

F118 Word in reg. 34(3)(a) inserted (2.4.2007) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2007 (S.I. 2007/698), regs. 1(1), 6

Fees in respect of practical or unitary tests E+W+S

35.—(1) No fee shall be payable in respect of a practical or unitary test conducted by a person appointed under [F119 regulation 24(1)(b), (ca), (cb), (d), (f) or (g)] [F120 or (2)(b)].

(2) Subject to [F121 paragraphs (3ZA), (4) and (5)], in the case of a practical or unitary test which—

(a) is to be conducted by a DSA examiner,

(b) is not, or does not form part of, an extended driving test,

(c) is for a licence authorising the driving of a motor vehicle of a class included in a category or sub-category specified in column (1) of the Table in Schedule 5,

the fee payable is that specified in relation to that category or sub-category in column (2) of that Table.

(3) Subject to [F122 paragraphs (3ZA) and (4)], in the case of a practical or unitary test which—

(a) is to be conducted by a DSA examiner,

(b) is, or forms part of, an extended driving test,

(c) is for a licence authorising the driving of a motor vehicle of a class included in a category or sub-category specified in column (1) of the Table in Schedule 5,

the fee payable is that specified in relation to that category or sub-category in column (3) of that Table.

[F123 (3ZA) In paragraphs (2) and (3), where a reference is made to the Table in Schedule 5, that reference shall be—

(a) in the case of a test where the application is made on or after 1st April 2008 (and which, in the case of a test for a licence authorising the driving of a motor vehicle of a class included in category A, sub-category A1 or category P only, is to be conducted on or before 28th September 2008), to the Table in Part 1 of Schedule 5; and;

(b) in the case of a test which is for a licence authorising the driving of a motor vehicle of a class included in category A, sub-category A1 or category P and which is to be conducted on or after 29^th September 2008, to the Table in Part 2 of Schedule 5.]

F124 (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Where an appointment for a practical test to commence during normal hours is cancelled by or on behalf of the Secretary of State and the appointment cannot reasonably be rearranged so that the test commences during normal hours, the applicant shall pay the fee prescribed for a test commencing during normal hours notwithstanding that it commences out of hours.

(5) In a case where the test is for a licence authorising the driving of vehicles included in category B and the applicant holds a full licence authorising the driving of vehicles included in sub-category B1 (invalid carriages), no fee shall be payable.

[F125 (6) For the purposes of this regulation and Schedule 5, a test—

(a) for a licence authorising the driving of a motor vehicle in category A, B, F, G , H K or P or subcategory A1 or B1 commences during normal hours if the time for which the test appointment is made is any time between 0730 hours and 1630 hours on a working day,

(b) for a licence authorising the driving of a motor vehicle in any other category commences during normal hours if the time for which the test appointment is made is any time between 0830 hours and 1630 hours on a working day; and

(c) commences out of hours, if the time for which the test appointment is made is at a time not specified above for the type of licence in question.]

[F126 (7) In this regulation “working day” means a day other than a Saturday, Sunday, bank holiday, Christmas Day or Good Friday (and “bank holiday” means a day to be observed as such under section 1 of and Schedule 1 to the Banking and Financial Dealings Act 1971).]

Textual Amendments

F119 Words in reg. 35(1) substituted (1.4.2008) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2008 (S.I. 2008/508), regs. 1, 6(a)

F120 Words in reg. 35(1) substituted (1.9.2003) by The Motor Vehicles (Driving Licences) (Amendment)(No. 4) Regulations 2003 (S.I. 2003/2003), regs. 1(1)(a), 3(5)

F121 Words in reg. 35(2) substituted (1.4.2008) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2008 (S.I. 2008/508), regs. 1, 6(b)

F122 Words in reg. 35(3) substituted (1.4.2008) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2008 (S.I. 2008/508), regs. 1, 6(c)

F123 Reg. 35(3ZA) inserted (1.4.2008) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2008 (S.I. 2008/508), regs. 1, 6(d)

F124 Reg. 35(3A) omitted (2.4.2007) by virtue of The Motor Vehicles (Driving Licences) (Amendment) Regulations 2007 (S.I. 2007/698), regs. 1(1), 7(c)

F125 Reg. 35(6) substituted (8.12.2004) by The Motor Vehicles (Driving Licences) (Amendment) (No.3) Regulations 2004 (S.I. 2004/3028), regs. 1, 3

F126 Reg. 35(7) added (7.7.2008) by The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2008 (S.I. 2008/1435), regs. 1(1), 11 (with reg. 22)

Cancellation of tests E+W+S

36.  For the purposes of paragraph (b) of section 91 of the Traffic Act (which section specifies the cases in which a fee paid on an application for an appointment for a test may be repaid) notice cancelling an appointment—

(a) for a practical or unitary test to be conducted by a DSA examiner must be given to the Secretary of State not less than [F127 three] clear working days before the day for which the appointment is made;

(b) for a theory test to be conducted by an appointed person must be given not less than three clear working days before the day for which the appointment is made.

Textual Amendments

F127 Word in reg. 36(a) substituted (1.11.2005) by The Motor Vehicles (Driving Licences) (Amendment) (No 2) Regulations 2005 (S.I. 2005/2717), regs. 1, 7

Requirements at tests E+W+S

Test vehicles E+W+S

37.— [F128 (1) Subject to paragraph (3), the prescribed practical or unitary test for a licence authorising the driving of vehicles included in a category shown in column (1) of the Table at the end of this regulation must be conducted in a vehicle having a power, mass, size or other specification, equivalent to or (except in the case of a test prescribed in respect of category F, G, H, K or P) greater than that shown, and conforming to such description as may be set out, in relation to that category in column (2) of the Table.]

[F129 (2) Subject to paragraph (3), the prescribed practical test for a licence authorising the driving of vehicles included in a sub-category shown in column (1) of the Table at the end of this regulation must be conducted in a vehicle having a power, mass, size or other specification, equivalent to or greater than that shown, and conforming to such description as may be set out, in relation to that sub-category in column (2) of the Table.]

(3) Where an applicant for a practical test prescribed in respect of category A declares that he is suffering from a relevant disability of such a nature that he is unable to ride a motor bicycle without a side-car, that test must be conducted on a motor bicycle and side-car combination having the following specification—

(a) in the case of a test for a licence authorising the driving of a large motor bicycle and side-car combination, a combination in which the bicycle has a maximum net power output of not less than 35 kilowatts,

(b) in the case of a test for a licence authorising the driving of a standard motor bicycle and side-car combination (other than a combination included in sub-category A1), a combination which has a power to weight ratio not exceeding 0.16 kw/kg., and

(c) in the case of a test for a licence authorising the driving of a motor bicycle and side-car combination included in sub-category A1, a combination consisting of a minimum test vehicle for that sub-category and a side-car where the combination has a power to weight ratio not exceeding 0.16 kw/kg.

(4) A person submitting himself for a practical or unitary test shall provide a vehicle which—

(a) corresponds to the specification referred to in paragraph (1), (2) or (3), as the case may be,

(b) is not fitted with a device designed to permit a person other than the driver to operate the accelerator, unless any pedal or lever by which the device is operated and any other parts which it may be necessary to remove to make the device inoperable by such a person during the test have been removed, and

(c) is reasonably representative of the class to which it belongs and is otherwise suitable for the purposes of the test.

(5) A person submitting himself for a practical test prescribed in respect of category B or B+E shall provide a motor vehicle which—

(a) is fitted with a front passenger seat unless it—

(i) is a vehicle included in sub-category B1 and is constructed without a front passenger seat, or

(ii) has been adapted on account of a disability of the person who has submitted himself for the test and as part of that adaptation has had the front passenger seat removed,

(b) has fitted for use with the front passenger seat (or, if there is no such seat, with another seat in which the person conducting the test may conveniently sit for the purpose of the test) a properly anchored and functioning three-point seat belt, and

(c) in the case of a vehicle fitted with a front passenger seat, has fitted as an integral part of that seat a head restraint which satisfies the requirements of Council Directive 78/932/EEC F130 .

(6) A person submitting himself for a practical test prescribed in respect of category B shall provide a vehicle which is fitted with an interior rear-view mirror providing adequate rearward vision from the front passenger seat unless it—

(a) is a vehicle included in sub-category B1 and is constructed without a front passenger seat, or

(b) has been adapted on account of a disability of the person who has submitted himself for the test and as part of that adaptation has had the front passenger seat removed.

(7) A person submitting himself for a practical test prescribed in respect of category B+E, C, C+E, D or D+E shall provide a motor vehicle which is not carrying goods or burden other than fixed items which are characteristic of the class to which it belongs.

(8) A person submitting himself for a practical test prescribed in respect of category C, C+E, D or D+E shall provide a motor vehicle which is fitted with a seat which is firmly secured to the vehicle and in such a position that the person conducting the test may properly do so and is protected from bad weather during the test.

(9) A person submitting himself for a practical test prescribed in respect of category D or D+E shall provide a motor vehicle which is fitted with a seat which is so placed that the person conducting the test can, from the deck of the vehicle on which the driver is seated, clearly observe the road to the rear of the vehicle without the use of any optical device, unless—

(a) the construction of the vehicle makes it impossible to fulfil that requirement, or

(b) the examiner consents to the requirement not being complied with in consequence of an arrangement to conduct part of the test elsewhere than on a road.

(10) A person submitting himself for a practical test prescribed in respect of category B+E, C+E or D+E shall provide a motor vehicle which is fitted with linkage and braking mechanisms which are designed for use when the trailer is fully laden.

[F131 (10A) A person submitting himself for a practical test prescribed in respect of category C, C+E, D, or D+E shall provide a motor vehicle which is fitted with an anti-lock braking system and a tachograph.

(10B) A person submitting himself for a practical test prescribed in respect of category C or C+E shall provide a motor vehicle which has at least eight forward ratios.]

[F132 (10C) A person submitting himself for a practical test prescribed in respect of category [F133 C, C+E, D or D+E] shall provide a motor vehicle in which any seat which is used by the person conducting the test and any seat used by any person authorised by the Secretary of State to attend the test for the purpose of supervising it or otherwise, are each fitted with a properly anchored and functioning two or three-point seat belt.

(10D) A person submitting himself for a practical test prescribed in respect of category B+E, C, C+E, D or D+E shall provide a motor vehicle which is fitted with an exterior nearside mirror and an exterior offside mirror providing adequate rearward vision from the seat occupied by the person conducting the test.]

(11) In the case of a test being conducted by a person appointed in accordance with paragraph (1)(b) or (2)(b) of regulation 24, paragraphs (5)(c) and (6) shall not apply.

(12) In the table at the end of this regulation, “minimum test vehicle" means, in relation to any category or sub-category, a vehicle of a specification shown in relation to the category or sub-category in column (2) of the table.

TABLE

[F134 (1) Category or sub-category	(2) Specification or description
A, in the case of a test for a licence authorising the driving of large motor bicycles	A motor bicycle without a side car, capable of an unassisted speed of 100 kilometres per hour on the level, and having an engine with a maximum net power output of at least 35 kilowatts.
A, in the case of any other test	A learner motor bicycle without a sidecar, capable of an unassisted speed of 100 kilometres per hour on the level, and having an engine with a cylinder capacity of at least 121 cubic centimetres.
A1	A learner motor bicycle without a sidecar having an engine with a cylinder capacity of at least 75 cubic centimetres.
B	Any four-wheeled vehicle in category B capable of an unassisted speed of 100 kilometres per hour on the level.
B1	Any vehicle in sub-category B1 capable of an unassisted speed of 60 kilometres per hour on the level.
B+E	A combination of a minimum test vehicle for category B and a trailer having a maximum authorised mass of 1,000 kilograms, which combination is capable of an unassisted speed of 100 kilometres per hour on the level. The cargo compartment of the trailer shall consist of a closed box body which is at least as wide and as high as the corresponding dimensions of the tractor vehicle. The closed box body may be narrower than the tractor vehicle provided that the driver’s view to the rear of the trailer is only made possible by the use of the external rear-view mirrors of the tractor vehicle.
C1	Any vehicle in sub-category C1 having a maximum authorised mass of 4,000 kilograms, a length of at least 5 metres, and capable of an unassisted speed of 80 kilometres per hour on the level. The cargo compartment of the vehicle shall consist of a closed box body which is at least as wide and as high as the corresponding dimensions of the cab.
C1+E	A combination of a minimum test vehicle for sub-category C1 and a trailer with a maximum authorised mass of 2,000 kilograms, which combination is at least 8 metres long and capable of an unassisted speed of 80 kilometres per hour on the level. The combination must have a maximum authorised mass of 4,000 kilograms. The cargo compartment of the trailer shall consist of a closed box body which is at least as wide and as high as the corresponding dimensions of the tractor vehicle. The closed box body may be narrower than the tractor vehicle provided that the driver’s view to the rear of the trailer is only made possible by the use of the external rear-view mirrors of the tractor vehicle.
D1	Any vehicle in sub-category D1 having a maximum authorised mass of 4,000 kilograms, a length of at least 5 metres, which is capable of an unassisted speed of 80 kilometres per hour on the level.
D1+E	A combination of a minimum test vehicle for sub-category D1 and a trailer having a maximum authorised mass of 1,250 kilograms which is capable of an unassisted speed of 80 kilometres per hour on the level. The cargo compartment of the trailer shall consist of a closed box body which is at least 2 metres wide and at least 2 metres high.
C	Any vehicle in category C, other than an articulated goods vehicle, having a maximum authorised mass of 12,000 kilograms, a length of at least 8 metres and a width of at least 2.4 metres, which is capable of an unassisted speed of 80 kilometres per hour on the level. The cargo compartment of the vehicle shall consist of a closed box body which is at least as wide and as high as the corresponding dimensions of the cab.
C+E	Either—
	(a) an articulated goods vehicle combination having a maximum authorised mass of 20,000 kilograms, a length of at least 14 metres and a width of at least 2.4 metres, and which is capable of an unassisted speed of 80 kilometres per hour on the level, or
	(b) a combination of a minimum test vehicle for category C and a trailer having a length of at least 7.5 metres (each having a width of at least 2.4 metres), a maximum authorised mass of 4,000 kilograms, and which has, in aggregate, a maximum authorised mass of 20,000 kilograms and an overall length of 14 metres and which is capable of an unassisted speed of 80 kilometres per hour on the level.
	The cargo compartment of the articulated goods vehicle combination or the trailer (as the case may be) shall consist of a closed box body which is at least as wide and as high as the corresponding dimensions of the cab or tractor vehicle.
D	Any vehicle in category D having a length of at least 10 metres, a width of at least 2.4 metres, and capable of an unassisted speed of 80 kilometres per hour on the level.
D+E	A combination of a minimum test vehicle for category D and a trailer of a width of at least 2.4 metres having a maximum authorised mass of 1,250 kilograms, which combination is capable of an unassisted speed of 80 kilometres per hour on the level. The cargo compartment of the trailer shall consist of a closed box body which is at least 2 metres wide and at least 2 metres high.
F	Any vehicle in category F.
G	Any vehicle in category G.
H	Any vehicle in category H.
K	Any vehicle in category K.
P	Any vehicle in category P.]

Textual Amendments

F128 Reg. 37(1) substituted (1.10.2003) by The Motor Vehicles (Driving Licences) (Amendment)(No. 4) Regulations 2003 (S.I. 2003/2003), regs. 1(1)(b), 5(2) (with reg. 5(6))

F129 Reg. 37(2) substituted (1.10.2003) by The Motor Vehicles (Driving Licences) (Amendment)(No. 4) Regulations 2003 (S.I. 2003/2003), regs. 1(1)(b), 5(3) (with reg. 5(6))

F130 Council Directive of 16 October 1978 on the approximation of laws relating to the head restraints of seats of motor vehicles, OJ No. L325, 20.11.78, p. 1.

F131 Reg. 37(10A)(10B) inserted (1.10.2003) by The Motor Vehicles (Driving Licences) (Amendment)(No. 4) Regulations 2003 (S.I. 2003/2003), regs. 1(1)(b), 5(4) (with reg. 5(6))

F132 Reg. 37(10C)(10D) inserted (1.4.2006) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2006 (S.I. 2006/524), regs. 1(2), 9(2)

F133 Words in reg. 37(10C) substituted (1.7.2007) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2006 (S.I. 2006/524), regs. 1(2), 9(3)

F134 Reg. 37 Table substituted (1.10.2003) by The Motor Vehicles (Driving Licences) (Amendment)(No. 4) Regulations 2003 (S.I. 2003/2003), regs. 1(1)(b), 5(5) (with reg. 5(6))

Further requirements at tests E+W+S

38.—(1) Subject to paragraph (2), no person shall submit himself for a theory test, practical test or unitary test unless he satisfies the residence requirement specified in section 89(1A) of the Traffic Act and where any question arises as to whether a person is normally resident in Great Britain or the United Kingdom (as the case may be) he shall be deemed to be normally resident there if he shows that he will have lived there for not less than 185 days during the period of 12 months ending on the day for which the test appointment is made.

(2) Paragraph (1) shall not apply in the case of a person who submits himself for an appropriate driving test pursuant to section 36 of the Offenders Act or for any part of such a test.

(3) A person submitting himself for a theory test shall—

(a) before the test commences—

(i) except in a case to which paragraph (7) applies, produce to the person conducting the test an appropriate licence authorising him to drive a motor vehicle of a class included in the category or sub-category in respect of which the test is to be taken and a counterpart thereof,

(ii) except where he has produced an appropriate licence containing his photograph, satisfy the person conducting the test as to his identity in accordance with paragraph (6), and

(iii) sign a record of his attendence at the test;

(b) during the test comply with all reasonable instructions given by the invigilator for the purpose of ensuring the proper and orderly conduct of the test.

(4) A person submitting himself for a practical test on a motor vehicle of a class included in any category shall, except in a case where—

(a) he is exempt from the requirement to pass a theory test by virtue of regulation 42, or

(b) by virtue of [F135 regulation 40(4)], no theory test is prescribed for that class,

produce to the person conducting the test before the test commences [F136 a valid standard theory test pass certificate or a valid large vehicle theory test pass certificate] showing that he has passed the theory test prescribed in respect of the same category or a valid certificate corresponding to such a certificate furnished under the law of Northern Ireland.

(5) A person submitting himself for a practical or unitary test shall, before the test commences—

(a) produce to the person conducting the test an appropriate licence authorising him to drive a motor vehicle of the class on which the test is to be taken and a counterpart thereof,

(b) except where he has produced an appropriate licence containing his photograph, satisfy the person conducting the test as to his identity in accordance with paragraph (6), and

[F137 (c) sign, on the Driving Test Report Form produced to him by the person conducting the test, a declaration to the effect that–

(i) there is in force, in relation to the use of the vehicle provided for the test, a policy of insurance which complies with the requirements of Part VI of the Traffic Act, and

(ii) he satisfies the residence requirement as described in paragraph (1).]

[F138 (5A) A person submitting himself for a theory test, practical test or unitary test who produces a licence which fails to satisfy the person conducting the test, after an examination or otherwise, that it is an appropriate licence as required under paragraph (3)(a)(i) or (5)(a) must surrender the licence forthwith to the person conducting the test.]

[F139 (6) For the purposes of this regulation, a person conducting a test may be satisfied as to a person’s identity –

(a) from a valid passport, or

(b) where the person conducting the test is a person to whom regulation 23(1)(b) or regulation 24(1)(b) applies, from such evidence as that person considers appropriate.]

(7) In the case of an applicant who is a full-time member of the armed forces of the Crown (to whom the provisions of regulation 11(1) do not apply), he shall before the commencement of a theory test or, as the case may be, a practical or unitary test prescribed in respect of a category specified in column (1) of the table at the end of regulation 11 satisfy the examiner that he has passed the test prescribed in respect of the category specified in column (2) of the table in relation to the first category.

(8) A person submitting himself for a practical test for a licence authorising the driving of a motor vehicle of a class included in category A or P shall before the test commences, unless he is exempt from the requirement imposed by section 89(2A) of the Traffic Act, produce to the examiner a valid certificate furnished under regulation 68(1).

(9) A person submitting himself for a practical or a unitary test shall, during the test—

(a) except where the test is for a licence authorising him to drive a motor vehicle of a class included in category A, G, H, K or P or a motor vehicle in sub-category B1 which has no seat other than the driver’s seat, allow to travel in the vehicle—

(i) the person authorised to conduct the test; and

(ii) any person authorised by the Secretary of State to attend the test for the purpose of supervising it or otherwise;

(b) where the test is for a licence authorising him to drive a motor vehicle of a class included in category A, G, H or P or a motor vehicle in sub-category B1 which has no seat other than the driver’s seat, allow the attendance of—

(i) the person authorised to conduct the test; and

(ii) any person authorised by the Secretary of State for the purpose of supervising the test or otherwise.

(10) In this regulation and regulation 39—

• “appropriate licence" means a licence, other than an excepted provisional licence, which—

  (a)

  is valid at the date of the test,

  (b)

  bears the signature of the person who has submitted himself for the test, and

  (c)

  is either—

  (i)

  a provisional licence authorising the person submitting himself for the test to drive motor vehicles of the same class as the vehicle which he has provided for the test, or

  (ii)

  a full licence which by virtue of section 98 of the Traffic Act and regulation 19, authorises that person to drive motor vehicles of that class subject to the same conditions as if he were so authorised by a provisional licence, or

  (iii)

  a Northern Ireland licence corresponding to either of those licences, or

  (iv)

  a Community licence which, by virtue of section 99A of the Traffic Act and regulation 19, authorises that person to drive motor vehicles of that class subject to the same conditions as if he were so authorised by a provisional licence;

• “excepted provisional licence" means a licence which—

  (a)

  was in force at a time before 1st January 1997, and

  (b)

  is issued as a provisional licence in respect of motor vehicles of a class included (by virtue of these Regulations) in category C+E or D+E or sub-categories C1 and D1 (not for hire or reward),

  but does not include a licence which was granted to a full-time member of the armed forces of the Crown to whom the provisions of regulation 11(1) do not apply by virtue of paragraph (2) of that regulation.

Textual Amendments

F135 Words in reg. 38(4) substituted (7.7.2008) by The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2008 (S.I. 2008/1435), regs. 1(1), 12(a) (with reg. 22)

F136 Words in reg. 38(4) substituted (7.7.2008) by The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2008 (S.I. 2008/1435), regs. 1(1), 12(b) (with reg. 22)

F137 Reg. 38(5)(c) substituted (1.11.2005) by The Motor Vehicles (Driving Licences) (Amendment) (No 2) Regulations 2005 (S.I. 2005/2717), regs. 1, 8

F138 Reg. 38(5A) inserted (2.4.2007) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2007 (S.I. 2007/698), regs. 1(1), 8

F139 Reg. 38(6) substituted (1.11.2005) by The Motor Vehicles (Driving Licences) (Amendment) (No 2) Regulations 2005 (S.I. 2005/2717), regs. 1, 9

Examiner’s right to refuse to conduct test E+W+S

39.—(1) Subject to paragraphs (2) and (3), where a person submitting himself for—

(a) a theory test fails to satisfy the person authorised to conduct it that he has complied with any requirement imposed by regulation 38(3), or

(b) a practical or unitary test fails to satisfy the person authorised to conduct it that he has complied with any requirement imposed by paragraphs (4) to (10) of regulation 37 or by paragraph (4), (5), (7) or (8) of regulation 38,

the person authorised to conduct the test must refuse to do so.

(2) Where a person—

(a) fails to produce an appropriate licence as required under paragraph (3)(a)(i) or (5)(a) of regulation 38, or

(b) where he has submitted himself for a practical or unitary test, fails to produce a document required to be produced under paragraph (4) or (8) of that regulation,

if the person authorised to conduct the test—

(i) is satisfied from other evidence that the document in question exists, and

(ii) in the case of a person who has failed to produce a licence, is satisfied that the requirements of regulation 38(3)(a)(ii) or (5)(b) have been complied with,

he may conduct the test.

(3) Where a person with special needs has failed to give to the person conducting a theory test such notice of those needs (being not less than 15 working days) as he may reasonably require the person authorised to conduct the test may refuse to do so.

(4) Where a person who requires the assistance of an interpreter at the theory test attends at the test with an interpreter who—

(a) is not approved by the Secretary of State to act as such, or

(b) appears to be acquainted with the test candidate,

the person authorised to conduct the test must refuse to do so.

(5) In this regulation, “special needs" means a reasonable requirement for special treatment during the test arising by virtue of—

(a) the test not being available in a language which the test candidate understands,

(b) the test candidate having reading difficulties, or

(c) the test candidate being physically disabled.

Nature and conduct of tests E+W+S

Nature of tests other than extended tests E+W+S

[F140 40.— (1) This regulation and regulations 40A to 40C apply to tests other than extended driving tests and are subject to regulation 42.

(2) The test for a licence authorising the driving of a motor vehicle of a class included in category A, B or P shall be conducted in two parts, namely—

(a) the standard test of driving theory and the standard test of hazard perception, and

(b) a practical test of driving skills and behaviour,

and a person taking such a test must pass both parts.

(3) Subject to paragraph (4), the test for a licence authorising the driving of a motor vehicle of a class included in category C or D shall be conducted in three parts, namely—

(a) the large vehicle test of driving theory,

(b) the large vehicle test of hazard perception, and

(c) a practical test of driving skills and behaviour,

and a person taking such a test must pass all three parts.

(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 practical test for category C+E, and

(b) in any other case, shall consist of 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

F140 Reg. 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)

[F141 40A.— (1) Where a test is required to be conducted in two parts, a person taking the test—

(a) must pass the theory test before he takes the practical test, and

(b) shall not be entitled to apply for an appointment (or, as the case may be, be nominated pursuant to regulation 32(4)) for a practical test in respect of a motor vehicle of a class included in category A, B or P 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

(ii) a certificate corresponding to such a certificate furnished under the laws of Northern Ireland stating that he has during the relevant period passed the theory test in respect of the same category.

(2) Where a test is required to be conducted in three parts, a person taking the test—

(a) must pass the large vehicle test of driving theory and the large vehicle test of 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

(ii) a certificate corresponding to such a certificate furnished under the law of Northern Ireland.]

Textual Amendments

F141 Regs. 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)

[F141 Content of the tests E+W+S

40B.— (1) The standard test of driving theory shall—

(a) be conducted as an approved form of examination consisting of 50 questions, the questions being in either multiple choice or multiple response form and testing a candidate on the matters specified in regulation 40C(4) in respect of a vehicle of the relevant class; and

(b) have a duration of 57 minutes or, in the circumstances specified in paragraph (6), 114 minutes.

(2) The large vehicle test of driving theory shall—

(a) be conducted as an approved form of examination consisting of 100 questions, the questions being in either multiple choice or multiple response form and testing the candidate on the matters specified in regulation 40C(5) in respect of a vehicle of the relevant class and the CPC subjects applicable to that class; and

(b) have a duration of 115 minutes or, in the circumstances specified in paragraph (6), 230 minutes.

(3) The standard test of hazard perception shall—

(a) be conducted by means of the exhibition of film clips that take the perspective of the driver of a motor vehicle and show, at some point during each film clip, one or more hazards to traffic occurring on or near the road; and

(b) require the candidate (using electronic equipment provided for the purpose and capable of recording the exact moment of each response) to indicate during each film clip the moment he observes a hazard to traffic on the road.

(4) The large vehicle test of hazard perception shall comply with the requirements set out in paragraph (3) for the standard test of hazard perception and shall be in a form considered appropriate by the Secretary of State for testing the candidate’s competence in hazard perception in relation to vehicles in categories C and D.

(5) The practical test and the unitary test shall each be conducted so that—

(a) subject to paragraph (b), the person taking the test drives, wherever possible, both on roads outside built-up areas and on urban roads,

(b) in the case of a test [F142 taken on or after 30th March 2009] for a licence authorising the driving of a class of vehicle included in category A or P, the person undertaking the test undertakes the activities and manoeuvres specified in paragraphs 7 to 15 of Section D of Part I of Schedule 8 on a special testing ground, and

(c) the time during which that person is required to drive on roads is—

(i) in the case of a test taken before 1st September 2008 for a licence authorising the driving of a class of vehicle included in category C, C1, D or D1, not less than 50 minutes;

(ii) in the case of a test taken on or after 1st September 2008 for a licence authorising the driving of a class of vehicle included in category C, C1, D or D1, not less than 60 minutes;

(iii) in the case of a test for a licence authorising the driving of a class of vehicle included in category B+E, C1+E, C+E, D1+E or D+E, not less than 50 minutes; and

(iv) in the case of any other test, not less than 30 minutes.

(6) The circumstances referred to in paragraphs (1) and (2) are that the candidate requires the assistance of a suitably qualified person at the test by virtue of having reading difficulties.

(7) For the purposes of this regulation—

• “an approved form of examination” means a form of examination which is conducted in writing or by means of data recorded on equipment operating in response to instructions given by the candidate; and

• “film clip” means a sequence of visual images displayed electronically.]

Textual Amendments

F141 Regs. 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)

F142 Words in reg. 40B(5)(b) inserted (29.9.2008) by The Motor Vehicles (Driving Licences) (Amendment) (No. 5) Regulations 2008 (S.I. 2008/2508), regs. 1, 3

[F141 Passing the test E+W+S

40C.— (1) A person shall be treated as having passed the theory test described in regulation 40(2)(a) if he satisfies the person conducting the test—

(a) in respect of the standard test of driving theory, of his knowledge and understanding of the specified matters; and

(b) in respect of the standard test of hazard perception, that his performance in the test demonstrates an ability to perceive hazards on the road.

(2) A person shall be treated as having passed—

(a) the large vehicle test of driving theory if he satisfies the person conducting the test of his knowledge and understanding of the specified matters and the CPC subjects; and

(b) the large vehicle test of hazard perception if he satisfies the person conducting the test that his performance in the test demonstrates an ability to perceive hazards on the road.

(3) A person shall be treated as having passed the practical test if he satisfies the person conducting it of his ability to drive safely and to comply with the specified requirements.

(4) The specified matters for a standard test of driving theory in respect of a licence authorising the driving of a motor vehicle of a class included in a category shown in column (1) of the table at the end of this regulation are the matters specified in relation to that category in column (2) of the table.

(5) The specified matters for a large vehicle test of driving theory in respect of a licence authorising the driving of a motor vehicle of a class included in a category shown in column (1) of the table at the end of this regulation are the matters specified in relation to that category in column (2) of the table.

(6) [F143 Subject to paragraph (7)] The specified requirements for a practical or unitary test in respect of a licence authorising the driving of a motor vehicle of a class included in a category shown in column (1) of the table are the requirements specified in relation to that category in column (3) of the table.

Table

(1) Category	(2) Specified matters	(3) Specified requirements
A	Matters specified in Part 1 of Schedule 7.	Requirements specified in Part 1 of Schedule 8.
B	Matters specified in Part 2 of Schedule 7.	Requirements specified in Part 2 of Schedule 8.
B + E	—	Requirements specified in Part 2 of Schedule 8.
C	Matters specified in Part 3 of Schedule 7.	Requirements specified in Part 3 of Schedule 8.
D	Matters specified in Part 4 of Schedule 7.	Requirements specified in Part 4 of Schedule 8.
C + E	—	Requirements specified in Part 3 of Schedule 8.
D + E	—	Requirements specified in Part 4 of Schedule 8.
F	—	Requirements specified in Parts 5 and 6 of Schedule 8.
G	—	Requirements specified in Parts 5 and 6 of Schedule 8.
H	—	Requirements specified in Parts 5 and 7 of Schedule 8.
K	—	Requirements specified in Part 5 of Schedule 8.
P	Matters specified in Part 1 of Schedule 7.	Requirements specified in Part 1 of Schedule 8.]

[F144 (7) In relation to a practical or unitary test conducted before 30th March 2009 in respect of a licence authorising the driving of motor vehicles of a class included in category A or P—

(a) the requirements specified in paragraphs 10 to 14 of Section D of Part 1 of Schedule 8 shall not be regarded as specified requirements; and

(b) for the requirement specified in paragraph 15 of that Section there shall be substituted the following—

“15.   Brake accurately to stop where directed, if need be by performing an emergency stop.”.]

Textual Amendments

F141 Regs. 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)

F143 Words in reg. 40C(6) inserted (29.9.2008) by The Motor Vehicles (Driving Licences) (Amendment) (No. 5) Regulations 2008 (S.I. 2008/2508), regs. 1, 4(a)

F144 Reg. 40C(7) inserted (29.9.2008) by The Motor Vehicles (Driving Licences) (Amendment) (No. 5) Regulations 2008 (S.I. 2008/2508), regs. 1, 4(b)

Nature of extended driving tests E+W+S

41.—(1) Where a person is disqualified by order of a court under section 36 of the Offenders Act until he passes an extended driving test, the test which he must pass is a test conducted in accordance with [F145 regulations 40 to 40C] as modified by virtue of paragraph (2) of this regulation.

[F146 (2) For the purposes of an extended driving test, the provisions of regulations 40 to 40C shall apply as if regulation 40(1) were omitted and as if for sub-paragraph (c) of regulation 40B(5) there were substituted—

“(c) the time during which that person is required to drive on roads is not less than 60 minutes.”.]

Textual Amendments

F145 Words in reg. 41(1) substituted (7.7.2008) by The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2008 (S.I. 2008/1435), regs. 1(1), 15(a) (with reg. 22)

F146 Reg. 41(2) substituted (7.7.2008) by The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2008 (S.I. 2008/1435), regs. 1(1), 15(b) (with reg. 22)

Exemption from theory test E+W+S

42.—(1) A person is exempt from the requirement to pass a theory test for the purpose of obtaining a licence authorising him to drive a motor vehicle of a class included in category A if—

(a) he has, on or after 1st July 1996, passed the test prescribed in respect of category P and holds a full licence authorising the driving of a class of vehicles in that category; or

(b) he holds a full licence authorising the driving of motor vehicles F147 ... of another class included in category A F147 ...; or

(c) he has passed a Northern Ireland test of competence corresponding to the test mentioned in sub-paragraph (a), or is the holder of a Northern Ireland licence corresponding to a licence mentioned in sub-paragraph (b); or

(d) he has passed a test for a licence authorising the driving of motor vehicles F148 ... of another class included in category A F148 ... and is F148 ... a full-time member of the armed forces of the Crown.

(2) A person is exempt from the requirement to pass a theory test for the purpose of obtaining a licence authorising him to drive a motor vehicle of a class included in category B if—

F149 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) he holds a full licence authorising the driving of motor vehicles F150 ...of another class included in category B F150 ...; or

(c) he has passed a Northern Ireland test of competence corresponding to the test mentioned in sub-paragraph (a) or is the holder of a Northern Ireland licence corresponding to the licence mentioned in sub-paragraph (b); or

(d) he has passed a test for a licence authorising the driving of motor vehicles F151 ... of another class included in category B F151 ... and is F151 ... a full-time member of the armed forces of the Crown.

(3) A person is exempt from the requirement to pass a theory test for the purpose of obtaining a licence authorising him to drive a motor vehicle of a class included in category C if—

(a) he holds a full licence authorising the driving of motor vehicles of another class included in category C, other than a licence authorising the driving only of vehicles of a class included in sub-category C1 which was in force at a time before 1st January 1997, or a Northern Ireland licence corresponding to such a licence; or

(b) on or after 1st January 1997, he has passed a test for a licence authorising the driving of motor vehicles of another class included in category C and is a full-time member of the armed forces of the Crown.

(4) A person is exempt from the requirement to pass a theory test for the purpose of obtaining a licence authorising him to drive a motor vehicle of a class included in category D if—

(a) he holds a full licence authorising the driving of motor vehicles of another class included in category D other than—

(i) vehicles of a class included in sub-category D1 (not for hire or reward), and

(ii) vehicles in category D which are driven otherwise than for hire or reward;

or a Northern Ireland licence corresponding to such a licence; or

(b) on or after 1st January 1997, he has passed a test prescribed in respect of motor vehicles of another class included in category D and is a full-time member of the armed forces of the Crown.

(5) Where a person is disqualified by order of a court under section 36 of the Offenders Act until he passes the appropriate driving test, he shall not be exempt from the requirement to pass a theory test in respect of any class of motor vehicle by virtue of the foregoing provisions of this regulation until the disqualification is deemed to have expired in relation to that class.

(6) Where the Secretary of State has revoked a person’s licence or test pass certificate under section 3(2) of, or Schedule 1 to, the Road Traffic (New Drivers) Act 1995 he shall not be exempt from the requirement to pass a theory test in respect of any class of motor vehicle by virtue of the foregoing provisions of this regulation until the day following the date on which he passes a relevant driving test within the meaning of section 4(2) of, or paragraph 6 or 9 of Schedule 1 to, that Act.

Textual Amendments

F147 Words in reg. 42(1)(b) omitted (1.2.2001) by virtue of The Motor Vehicles (Driving Licences) (Amendment) Regulations 2001 (S.I. 2001/53), regs. 1, 7(2)

F148 Words in reg. 42(1)(d) omitted (21.2.2003) by virtue of The Motor Vehicles (Driving Licences) (Amendment) Regulations 2003 (S.I. 2003/166), regs. 1(1), 3(a)

F149 Reg. 42(2)(a) omitted (1.2.2001) by virtue of The Motor Vehicles (Driving Licences) (Amendment) Regulations 2001 (S.I. 2001/53), regs. 1, 7(3)(a)

F150 Words in reg. 42(2)(b) omitted (1.2.2001) by virtue of The Motor Vehicles (Driving Licences) (Amendment) Regulations 2001 (S.I. 2001/53), regs. 1, 7(3)(b)

F151 Words in reg. 42(2)(d) omitted (21.2.2003) by virtue of The Motor Vehicles (Driving Licences) (Amendment) Regulations 2003 (S.I. 2003/166), regs. 1(1), 3(b)

Entitlements upon passing test E+W+S

Entitlement upon passing a test other than an appropriate driving test E+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 [F152 the following provisions of this regulation].

(2) Subject to [F153 regulations 44 and 44A], the licence shall authorise the driving of all classes of motor vehicle included in that category or sub-category unless—

(a) the test or, as the case may be, the practical test 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 or, as the case may be, the practical test, 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) [F154 Subject to paragraphs (5) and (6), 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 or, as the case may be, the practical test 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 or, as the case may be, the practical test 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 F, K or P, paragraph (3)(a) shall not apply.

[F155 (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 category P shall be as follows—

(a) the licence granted by the Secretary of State shall authorise the driving of vehicles within class P if and only if—

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

(ii) the person concerned held at the date on which he passed the test 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

(iii) the person concerned holds 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

(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 mopeds, the only vehicles in category P authorised by the licence to be driven shall be three-wheeled mopeds.]

[F156 (6) In relation to the first item of Schedule 2 (category A), the effect of paragraph (3) shall be that a licence authorising the driving of vehicles in category A shall in addition authorise the driving of vehicles in category B1, if and only if, the test, or as the case may be the practical test, is passed before 1st February 2001.]

Textual Amendments

F152 Words 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)

F153 Words 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)

F154 Words 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)

F155 Reg. 43(5) inserted (1.2.2001) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2001 (S.I. 2001/53), regs. 1, 8(5)

F156 Reg. 43(6) added (1.2.2001) by The Motor Vehicles (Driving Licences) (Amendment) (No. 2) Regulations 2001 (S.I. 2001/236), regs. 1, 3(3)

Entitlement upon passing a test other than an appropriate driving test: category A E+W+S

44.—(1) This regulation applies where a person has passed a test (or a Northern Ireland test of competence corresponding to such a test) for a licence authorising the driving of motor bicycles of any class other than a class included in sub-category A1.

(2) Where this regulation applies the Secretary of State shall grant to the person who passed the test—

(a) in a case where he has passed the practical test (or the Northern Ireland test of competence corresponding to the practical test) on a motor bicycle without a side-car, the engine of which has a maximum net power output of not less than 35 kilowatts, a licence authorising him to drive all classes of motor vehicle included in category A;

(b) subject to paragaph (3), in a case where the practical test (or the Northern Ireland test of competence corresponding to the practical test) was passed on any other motor bicycle without a side-car, a licence authorising him to drive standard motor bicycles;

(c) in a case where he has passed the practical test (or the Northern Ireland test of competence corresponding to the practical test) on a motor bicycle and side-car combination and the engine of the bicycle has a maximum net power output of not less than 35 kilowatts, a licence authorising him to drive all classes of motor bicycle and side-car combinations included in category A;

(d) subject to paragraph (4), in a case where the practical test (or the Northern Ireland test of competence corresponding to the practical test) was passed on a motor bicycle and a side-car combination the power to weight ratio of which does not exceed 0.16 kw/kg. but which does not fall within paragraph (c), a licence authorising him to drive standard motor bicycles and side-car combinations.

(3) A licence granted to a person by virtue of paragraph (2)(b) shall authorise him to drive all classes of motor vehicle included in category A upon the expiration of the standard access period.

(4) A licence granted to a person by virtue of paragraph (2)(d) shall authorise him to drive all classes of motor bicycle and side-car combinations included in category A upon the expiration of the standard access period.

[F157 Entitlement upon passing a test other than an appropriate driving test: category P E+W+S

44A.— (1) This regulation applies 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 P.

(2) Where this regulation applies the Secretary of State shall grant to the person who passed the test—

(a) in a case where the test was passed on a three-wheeled moped, a licence authorising the driving of all vehicles having three wheels included in category P;

(b) in any other case, a licence authorising the driving of all vehicles included in category P.]

Textual Amendments

F157 Reg. 44A inserted (1.2.2001) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2001 (S.I. 2001/53), regs. 1, 9

Upgrading of entitlements by virtue of passing second test E+W+S

45.—(1) A person who has passed tests for a licence authorising the driving of motor vehicles included in—

(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 the following paragraphs of this regulation, 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 for a licence authorising the driving of—

(a) motor vehicles included in a category or sub-category specified in column (A) of Table B in Schedule 9 which have automatic transmission, and

(b) motor vehicles included in a category or sub-category specified at the head of one of the columns in that table numbered (1) to (8) which have manual transmission,

is, subject to the following paragraphs of this regulation, deemed 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 of Table B in relation to the relevant test pass mentioned in column (A).

(4) Where a person has passed tests for a licence authorising the driving of—

(a) motor vehicles in category D not more than 5.5 metres in length having automatic transmission, and

(b) motor vehicles in category C, other than vehicles in sub-category C1, having manual transmission,

he is deemed competent to drive vehicles in category D not more than 5.5 metres in length which have manual transmission.

(5) In the case of a person who holds a licence which, by virtue of regulation 76 (notwithstanding that he may not have passed a test authorising the driving of such vehicles), authorises the driving of a class of vehicles in category D when used under a section 19 permit or (if not so used) are driven otherwise than for hire or reward, 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 only of those classes of vehicle in category C+E which are drawbar trailer combinations, paragraphs (1), (2) and (3) and Tables A and B in Schedule 9 shall apply as if he had passed a test for a licence authorising only the driving of the corresponding classes of vehicle in category C.

(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 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 is the holder of a licence which authorises the driving of motor vehicles 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 have automatic transmission, passes a test prescribed in respect of category B, B+E, C or D which authorises the driving of vehicles with manual transmission, he is deemed competent to drive vehicles in category B+E and 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) Where a person has passed tests for a licence authorising the driving of—

(a) motor vehicles included in category B, other than vehicles included in sub-categories B1 and B1 (invalid carriages), having automatic transmission, and

(b) motor vehicles included in category B+E, C or D having manual transmission,

he is deemed competent to drive vehicles in category B which have manual transmission.

(11) 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.

Entitlement upon passing an appropriate driving test E+W+S

46.—(1) Where a person—

(a) is disqualified by order of a court under section 36 of the Offenders Act until he passes the appropriate driving test, and

(b) passes the appropriate driving test for a licence authorising the driving of a class of motor vehicles included in any category or sub-category,

the disqualification shall, subject to paragraph (8), be deemed to have expired in relation to that class and such other classes of motor vehicle as are specified in paragraphs (2), (3), (4), (5) and (6).

(2) Subject to paragraph (4), the disqualification shall be deemed to have expired in relation to all classes of vehicle included in the category or sub-category referred to in paragraph (1)(b) unless—

(a) the test or, as the case may be, the practical test is passed on a motor vehicle with automatic transmission, in which case the disqualification shall be deemed to have expired only in relation to such classes of vehicle included in that category or sub-category as have automatic transmission;

(b) the test or, as the case may be, the practical test is passed on a motor vehicle which is adapted on account of a disability of the person taking the test, in which case the disqualification shall be deemed to have expired only in relation to such classes of motor 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) The disqualification shall be deemed to have expired in relation to all classes of vehicle included in any other category which is specified in column (3) of Schedule 2 as being an additional category or sub-category in relation to that category or sub-category unless—

(a) subject to paragraph (5), the test or, as the case may be, the practical test is passed on a vehicle with automatic transmission, in which case the disqualification shall be deemed to have expired only in relation to such classes of motor vehicle included in the additional category or sub-category as have automatic transmission;

(b) the test or, as the case may be, the practical test, is passed on a vehicle which is adapted on account of a disability of the person taking the test, in which case the disqualification shall be deemed to have expired only in relation to such classes of motor vehicle included in the additional category or sub-category as are so adapted.

(4) Where, at the date on which a person is disqualified—

(a) he holds a licence which was granted pursuant to regualtion 44(2)(b) or (d), and

(b) the standard access period has not expired,

the disqualification shall not, by virtue of paragraph (2) or (7), be deemed to have expired—

(i) in a case to which regulation 44(2)(b) applies, in relation to large motor bicycles, or

(ii) in a case to which regulation 44(2)(d) applies, in relation to large motor bicycle and side-car combinations,

until the standard access period has expired.

(5) Paragraph (3)(a) shall not apply where the additional category is F, G, H, K, L or P.

(6) Where the person who is disqualified passes the practical test on a vehicle of a class included in category A, other than sub-category A1, the disqualification shall be deemed to have expired additionally in relation to all classes of vehicle included in—

(a) categories B, B+E, C, C+E, D and D+E, unless that test is passed on a vehicle with automatic transmission, in which case the disqualification shall be deemed to have expired only in relation to such classes of motor vehicle included in those categories as have automatic transmission;

(b) categories F, G, H and L.

(7) Where the person who is disqualified passes the practical test on a vehicle of a class included in category B, other than a vehicle included in sub-category B1, the disqualification shall be deemed to have expired additionally in relation to all classes of vehicle included in—

(a) categories A, B+E, C, C+E, D and D+E, unless that test is passed on a vehicle with automatic transmission, in which case the disqualification shall be deemed to have expired only in relation to such classes of motor vehicle included in those categories as have automatic transmission;

(b) categories G, H and L.

(8) Where a person is, pursuant to regulation 56, disqualified by the Secretary of State until he passes a driving test prescribed in respect of a class of large goods or passenger-carrying vehicle, the disqualification shall not be deemed to have expired in relation to any class of large goods or passenger-carrying vehicle until he passes that test.

Test results E+W+S

Evidence of result of theory test[F158 : vehicles other than category C or D] E+W+S

47.— [F159 (1) The person conducting a theory test described in regulation 40(2)(a) shall arrange for the test to be marked on the day of the test.]

(2) A person conducting the theory test shall, upon completion of the marking of the test, furnish—

(a) a person who passes the test with a [F160 standard theory test pass certificate] in the form set out in Part 1 of Schedule 10;

(b) a person who fails to pass the test with a failure statement in the form set out in Part 2 of Schedule 10.

(3) Where a person who has conducted a theory test is satisfied that a [F160 standard theory test pass certificate] or a failure statement has been furnished in error to a person who took a theory test, he shall, upon receipt of that document from the person who took the test and subject to paragraph (4), furnish that person with a correct certificate or statement, as the case may be.

(4) Where the person who took the test alleges that a failure statement has been furnished in error returns the statement not later than 14 days after it is furnished to him to the person who conducted the test with a request in writing that the test be remarked, the person who conducted the test shall comply with that request for the purpose of ascertaining whether an error has been made but subject thereto he shall not be obliged to remark any test.

(5) A [F160 standard theory test pass certificate] furnished in error, or with an error in the particulars required to be specified in it, may not be presented, in support of an application for a licence, as evidence that a person has passed the test mentioned in such certificate.

(6) A [F160 standard theory test pass certificate] shall be valid for the purposes of regulation 38(4) for a period commencing on the date on which the test was taken and ending—

(a) two years later, or

(b) on the date on which the person to whom the certificate was given is disqualified by order of a court under section 36 of the Offenders Act until he passes the appropriate driving test,

whichever is the earlier.

(7) A [F160 standard theory test pass certificate] is not valid for the purposes of regulation 38(4) if—

(a) it is furnished in error or with an error in the particulars required to be specified in it; or

(b) the person to whom it is furnished is at that time ineligible, by virtue of an enactment contained in the Traffic Act or these Regulations, to take the test to which the certificate relates.

[F161 (8) A person authorised to conduct theory tests by virtue of sub-paragraphs (b), (c), (da), (db), (e) or (f) of regulation 23(1) or regulation 23(2)(b) shall issue [F160 standard theory test pass certificates] using forms supplied by the Secretary of StateF162 ...]

Textual Amendments

F158 Words in reg. 47 heading added (7.7.2008) by The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2008 (S.I. 2008/1435), regs. 1(1), 16(a) (with reg. 22)

F159 Reg. 47(1) substituted (7.7.2008) by The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2008 (S.I. 2008/1435), regs. 1(1), 16(c) (with reg. 22)

F160 Words in reg. 47 substituted (7.7.2008) by The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2008 (S.I. 2008/1435), regs. 1(1), 16(b) (with reg. 22)

F161 Reg. 47(8) substituted (1.4.2008) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2008 (S.I. 2008/508), regs. 1, 8

F162 Words in reg. 47(8) omitted (7.7.2008) by virtue of The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2008 (S.I. 2008/1435), regs. 1(1), 16(d) (with reg. 22)

[F163 Evidence of result of theory test: category C and D E+W+S

47A.— (1) The person conducting—

(a) a large vehicle test of driving theory; or

(b) a large vehicle test of hazard perception,

shall arrange for the test to be marked on the day of the test.

(2) The person conducting a large vehicle test of driving theory shall, upon completion of the marking of the test, furnish—

(a) a person who passes the test with a statement of performance in the form set out in Part 1 of Schedule 10A;

(b) a person who fails to pass the test with a statement of performance in the form set out in Part 2 of Schedule 10A.

(3) The person conducting a large vehicle test of hazard perception shall, upon completion of the test, furnish—

(a) a person who passes the test with a statement of performance in the form set out in Part 1 of Schedule 10B;

(b) a person who fails to pass the test with a statement of performance in the form set out in Part 2 of Schedule 10B.

(4) Where a person who has conducted a large vehicle test of driving theory or a large vehicle test of hazard perception is satisfied that a statement of performance has been furnished in error to a person who took the test, he shall, upon receipt of that document from that person, and subject to paragraph (5), furnish that person with a correct statement.

(5) Where the person who took the test alleges that a statement of performance has been furnished under paragraph (2)(b) or (3)(b) in error he may return the statement not later than 14 days after it is furnished to him to the person who conducted the test with a request in writing that the test be remarked.

(6) The person who conducted the test shall comply with a request under paragraph (5) for the purpose of ascertaining whether an error has been made but otherwise shall not be obliged to remark any test.

(7) A statement of performance is not valid for the purposes of regulation 47B(1)—

(a) if the person to whom it is furnished is at that time ineligible, by virtue of an enactment contained in the Traffic Act or these Regulations, to take the test to which the statement relates; or

(b) if the statement is furnished in error or with an error in the particulars required to be specified in it.]

Textual Amendments

F163 Regs. 47A, 47B inserted (7.7.2008) by The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2008 (S.I. 2008/1435), regs. 1(1), 17 (with reg. 22)

[F163 Large vehicle theory test pass certificates E+W+S

47B.— (1) Where a person has obtained statements of performance under regulation 47A(2)(a) and (3)(a) he shall be entitled to be furnished with a large vehicle theory test pass certificate in the form set out in Schedule 10C.

(2) The large vehicle theory test pass certificate shall be furnished as soon as practicable to a person entitled to it under paragraph (1) by the person who conducted the test to which the later of the two statements relates.

(3) A large vehicle theory test pass certificate furnished in error, or with an error in the particulars required to be specified in it, may not be presented in support of an application for a licence as evidence that the person has passed the tests mentioned in such a certificate.

(4) A large vehicle theory test pass certificate shall be valid for the purposes of regulation 38(4) for a period commencing on the earlier of the dates on which a person passes the large vehicle test of driving theory or the large vehicle hazard perception test and ending—

(a) two years later, or

(b) on the date on which that person is disqualified by order of a court under section 36 of the Offenders Act until he passes the appropriate driving test,

whichever is the earlier.

(5) A large vehicle theory test pass certificate is not valid for the purposes of regulation 38(4) if —

(a) it is furnished in error or with an error in the particulars required to be specified in it; or

(b) the person to whom it is furnished is at that time ineligible, by virtue of an enactment contained in the Traffic Act or these Regulations, to take any test to which the certificate relates.

(6) Where a person who has furnished a large vehicle theory test pass certificate is satisfied that it has been furnished with an error in the particulars specified in it, he shall upon receipt of that document from the person to whom it was furnished, furnish that person with a correct certificate.

(7) A large vehicle theory test pass certificate shall cease to be valid if the person to whom it is furnished is disqualified by order of a court under section 36 of the Offenders Act until he passes the appropriate driving test.

(8) A person authorised to conduct theory tests by virtue of paragraphs (b), (c), (da), (db), (e) or (f) of regulation 23(1) or regulation 23(2)(b) shall issue large vehicle theory test pass certificates using forms supplied by the Secretary of State.]

Textual Amendments

F163 Regs. 47A, 47B inserted (7.7.2008) by The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2008 (S.I. 2008/1435), regs. 1(1), 17 (with reg. 22)

Evidence of the result of practical or unitary test E+W+S

48.—(1) A person conducting a practical or unitary test shall upon completion of the test furnish—

(a) a person who passes the test with a test pass certificate in the form set out in Part 1 of Schedule 11;

(b) a person who fails to pass the test with a statement in the form set out in Part 2 of Schedule 11.

(2) A test pass certificate is invalid if—

(a) the person to whom it is issued is at that time ineligible, by virtue of an enactment contained in the Traffic Act or these Regulations, to take the practical test to which the certificate relates;

(b) at the time when it is issued, the [F164 standard theory test pass certificate] produced to the person conducting the test in accordance with regulation 38(4) is invalid by virtue of regulation 47(7)[F165 ; or

(ba) at the time when it is issued, the large vehicle theory test pass certificate produced to the person conducting the test in accordance with regulation 38(4) is invalid by virtue of regulation 47B(5).]

(3) A person authorised to conduct practical or unitary tests by virtue of [F166 sub-paragraphs (b), (ca), (cb), (d), (f) or (g) of regulation 24(1)] or regulation 24(2)(b) shall issue test pass certificates using the forms supplied by the Secretary of State F167 ...

Textual Amendments

F164 Words in reg. 48(2)(b) substituted (7.7.2008) by The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2008 (S.I. 2008/1435), regs. 1(1), 18(a) (with reg. 22)

F165 Reg. 48(2)(ba) and preceding word inserted (7.7.2008) by The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2008 (S.I. 2008/1435), regs. 1(1), 18(b) (with reg. 22)

F166 Words in reg. 48(3) substituted (1.4.2008) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2008 (S.I. 2008/508), regs. 1, 9

F167 Words in reg. 48(3) omitted (7.7.2008) by virtue of The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2008 (S.I. 2008/1435), regs. 1(1), 18(c) (with reg. 22)

PART IV E+W+S GOODS AND PASSENGER—CARRYING VEHICLES

General E+W+S

Part III of the Traffic Act: Prescribed classes of goods and passenger-carrying vehicle E+W+S

49.—(1) All classes of motor vehicle included in categories C, C+E, D and D+E, except vehicles of classes included in sub-categories C1, C1+E (8.25 tonnes) D1 (not for hire or reward) and D1+E (not for hire or reward), are prescribed for the purposes of section 89A(3) of the Traffic Act.

(2) Subject to paragraph (3), all classes of motor vehicle included in categories C, C+E, D and D+E, except vehicles of classes included in sub-categories C1+E (8.25 tonnes), D1 (not for hire or reward) and D1+E (not for hire or reward), are prescribed for the purposes of section 99(1) and (1A) of the Traffic Act.

(3) In the case of a licence in force at a time before 1st January 1997, paragaph (2) above shall apply as if “C1," was inserted after “sub-categories".

(4) All classes of motor vehicle included in categories C, C+E, D and D+E, except vehicles of classes included in sub-categories C1+E (8.25 tonnes), D1 (not for hire or reward) and D1+E (not for hire or reward), are prescribed for the purposes of section 99A(3) and (4) of the Traffic Act.

Part IV of the Traffic Act: prescribed classes of large goods and passenger—carrying vehicle E+W+S

50.—(1) Part IV of the Traffic Act and regulations 54 to 57 shall not apply to a large goods vehicle—

(a) of a class included in category F, G or H or sub-category C1+E (8.25 tonnes), or

(b) which is an exempted goods vehicle or an exempted military vehicle.

(2) Part IV of the Traffic Act and regulations 54 to 57 shall not apply to a passenger-carrying vehicle manufactured more than 30 years before the date when it is driven and not used for hire or reward or for the carriage of more than eight passengers;

(3) Part IV of the Traffic Act and regulations 54 to 57 shall not apply to a passenger-carrying vehicle when it is being driven by a constable for the purpose of removing or avoiding obstruction to other road users or other members of the public, for the purpose of protecting life or property (including the passenger-carrying vehicle and its passengers) or for other similar purposes.

(4) All classes of large goods and passenger-carrying vehicle to which Part IV of the Traffic Act applies are prescribed for the purposes of section 117(7) and 117A(6) of the Traffic Act.

Exempted goods vehicles and military vehicles E+W+S

51.—(1) For the purposes of this Part of these Regulations, an exempted goods vehicle is a vehicle falling within any of the following classes—

(a) a goods vehicle propelled by steam;

(b) any road construction vehicle used or kept on the road solely for the conveyance of built-in road construction machinery (with or without articles or materials used for the purpose of that machinery);

(c) any engineering plant other than a mobile crane;

(d) a works truck;

(e) an industrial tractor;

(f) an agricultural motor vehicle which is not an agricultural or forestry tractor;

(g) a digging machine;

(h) a goods vehicle which, in so far as it is used on [F168 public roads]—

(i) is used only in passing from land in the occupation of a person keeping the vehicle to other land in the occupation of that person, and

(ii) is not used on [F169 public roads] for distances exceeding an aggregate of 9.7 kilometres in any calendar week;

(j) a goods vehicle, other than an agricultural motor vehicle, which—

(i) is used only for purposes relating to agriculture, horticulture or forestry,

(ii) is used on [F170 public roads] only in passing between different areas of land occupied by the same person, and

(iii) in passing between any two such areas does not travel a distance exceeding 1.5 kilometres on [F170 public roads];

(k) a goods vehicle used for no other purpose than the haulage of lifeboats and the conveyance of the necessary gear of the lifeboats which are being hauled;

(l) a goods vehicle manufacturered before 1st January 1960, used unladen and not drawing a laden trailer;

(m) an articulated goods vehicle the unladen weight of which does not exceed 3.05 tonnes;

(n) a goods vehicle in the service of a visiting force or headquarters as defined in the Visiting Forces and International Headquarters (Application of Law) Order 1965 F171 ;

(o) a goods vehicle driven by a constable for the purpose of removing or avoiding obstruction to other road users or other members of the public, for the purpose of protecting life or property (including the vehicle and its load) or for other similar purposes;

(p) a goods vehicle fitted with apparatus designed for raising a disabled vehicle partly from the ground and for drawing a disabled vehicle when so raised (whether by partial superimposition or otherwise) being a vehicle which—

(i) is used solely for dealing with disabled vehicles;

(ii) is not used for the conveyance of any goods other than a disabled vehicle when so raised and water, fuel, accumulators and articles required for the operation of, or in connection with, such apparatus or otherwise for dealing with disabled vehicles; and

(iii) has an unladen weight not exceeding 3.05 tonnes;

(q) a passenger-carrying vehicle recovery vehicle; and

(r) a mobile project vehicle.

(2) For the purposes of this Part of these Regulations, an exempted military vehicle is a large goods or passenger-carrying vehicle falling withing any of the following classes—

(a) a vehicle designed for fire fighting or fire salvage purposes which is the property of, or for the time being under the control of, the Secretary of State for Defence, when being driven by a member of the armed forces of the Crown;

(b) a vehicle being driven by a member of the armed forces of the Crown in the course of urgent work of national importance in accordance with an order of the Defence Council in pursuance of the Defence (Armed Forces) Regulations 1939 F172 which were continued permanently in force, in the form set out in Part C of Schedule 2 to the Emergency Laws (Repeal) Act, 1959 F173 , by section 2 of the Emergency Powers Act 1964 F174 ; or

(c) an armoured vehicle other than a track-laying vehicle which is the property of, or for the time being under the control of, the Secretary of State for Defence.

(3) In this Regulation—

• “digging machine" has the same meaning as in paragraph 4(4) of Schedule 1 to the Vehicle Excise and Registration Act 1994;

• “agricultural motor vehicle", “engineering plant", “industrial tractor" and “works truck" have the same meaning as in regulation 3(2) of the Construction and Use Regulations;

• “public road" has the same meaning as in section 62(1) of the Vehicle Excise and Registration Act 1994;

• “road construction machinery" means a machine or device suitable for use for the construction and repair of roads and used for no purpose other than the construction and repair of roads; and

• “road construction vehicle" means a vehicle which—

  (a)

  is constructed or adapted for use for the conveyance of road construction machinery which is built in as part of, or permanently attached to, that vehicle, and

  (b)

  is not constructed or adapted for the conveyance of any other load except articles and materials used for the purposes of such machinery.

Textual Amendments

F168 Words in reg. 51(1)(h) substituted (21.2.2003) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2003 (S.I. 2003/166), regs. 1(1), 4(a)(i)

F169 Words in reg. 51(1)(h) substituted (21.2.2003) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2003 (S.I. 2003/166), regs. 1(1), 4(a)(ii)

F170 Words in reg. 51(1)(j) substituted (21.2.2003) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2003 (S.I. 2003/166), regs. 1(1), 4(b)

F171 S.I. 1965/1536.

F172 S.R. & O. 1939/1304.

F173 1959 c. 19.

F174 1964 c. 38.

Correspondences E+W+S

52.—(1) For the purposes of section 89A(5) of the Traffic Act, a heavy goods vehicle or public service vehicle of a class specified in column (1) of the table at the end of this regulation corresponds to a class of large goods vehicle or passenger-carrying vehicle, as the case may be, specified in column (2) of that table in relation to the class of vehicle in column (1).

(2) For the purposes of paragraph (1), where a heavy goods vehicle driver’s licence held before 1st April 1991 was restricted to vehicles having a permissible maximum weight not exceeding 10 tonnes by virtue of—

(a) paragraph 3(3) and (5) of Schedule 2 to the Road Traffic (Drivers’ Ages and Hours of Work) Act 1976 F175 ; or

(b) paragraph (1) or (2) of regulation 31 of the Heavy Goods Vehicles (Drivers’ Licences) Regulations 1977 F176 ;

before those enactments ceased to have effect, such restriction shall be disregarded.

TABLE

(1)	(2)
Class of heavy goods or public service vehicle	Corresponding class of large goods or passenger—carrying vehicle
Heavy goods vehicles	Large goods vehicles
1	Categories C and C+E
1A	Categories C and C+E (limited, in each case, to vehicles with automatic transmission)
2	Category C and vehicles in category C+E which are drawbar trailer combinations
2A	Category C and vehicles in category C+E which are drawbar trailer combinations (limited, in each case, to vehicles with automatic transmission)
3	Category C and vehicles in category C+E which are drawbar trailer combinations
3A	Category C and vehicles in category C+E which are drawbar trailer combinations (limited, in each case, to vehicles with automatic transmission)
Public Service Vehicles	Passenger-carrying vehicles
1	Categories D and D+E
1A	Categories D and D+E (limited, in each case, to vehicles with automatic transmission)
2	Categories D and D+E
2A	Categories D and D+E (limited, in each case, to vehicles with automatic transmission)
3	Category D
3A	Category D (limited to vehicles with automatic transmission)
4	Sub-category D1 and vehicles in category D not more than 5.5 metres in length
4A	Sub-category D1 and vehicles in category D not more than 5.5 metres in length (limited, in each case, to vehicles with automatic transmission)

Textual Amendments

F175 1976 c. 3.

F176 S.I. 1977/1309, to which there were amendments not relevant to these Regulations.

Part IV of the Traffic Act: dual purpose vehicles E+W+S

53.—(1) Except in the case of a vehicle mentioned in paragraph (2), Part IV of the Traffic Act and regulations 54 to 57 shall apply to dual purpose vehicles to the extent that they apply to passenger-carrying vehicles.

(2) Part IV of the Traffic Act and regulations 54 to 57 shall apply to any dual purpose vehicle which is—

(a) driven by a member of the armed forces of the Crown, and

(b) used to carry passengers for naval, military or air force purposes,

to the extent that they apply to large goods vehicles.

Persons under the age of 21 E+W+S

[F177 Large goods vehicle drivers' licences granted to persons under the age of 21 E+W+S

54.— (1) A large goods vehicle driver’s licence granted to a person under the age of 21 is subject to the conditions prescribed in relation thereto, for the purposes of section 114(1) of the Traffic Act, in the following paragraphs.

(2) An LGV trainee driver’s licence is subject to the condition that its holder shall not drive a large goods vehicle of any class which the licence authorises him to drive unless—

(a) he is a registered employee of a registered employer, and

(b) the vehicle is a large goods vehicle of a class to which his training agreement applies and is owned or operated by that registered employer or by a registered LGV driver training establishment.

(3) A large goods vehicle driver’s licence held by a member of the armed forces of the Crown is subject to the condition that he shall not drive a large goods vehicle of any class unless it is owned or operated by the Secretary of State for Defence and is being used for naval, military or air force purposes.

(4) A large goods vehicle driver’s licence which—

(a) authorises the driving of a class of vehicles included in category C, and

(b) is a full licence,

is subject to the condition that its holder shall not drive large goods vehicles of a class included in category C+E, other than vehicles included in sub-category C1+E the maximum authorised mass of which does not exceed 7.5 tonnes, as if he were authorised to do so by a provisional licence before the expiration of a period of six months commencing on the date on which he passed the test for that licence.

(5) In this regulation—

“LGV trainee driver’s licence” means a large goods vehicle driver’s licence which—

(a)

authorises its holder to drive vehicles of a class included in category C or C+E,

(b)

is held by a person other than a member of the armed forces of the Crown, and

(c)

is in force for a period during the whole or part of which that person is under the age of 21;

“registered”, in relation to an employee, employer or training establishment, means registered for the time being by the [F178 Skills for Logistics Council] in accordance with the Training Scheme;

“training agreement”, in relation to an individual who is undergoing, or is to undergo, driver training under the Training Scheme, means the agreement between that individual and a registered employer;

“the Training Committee” means the Young LGV Driver Committee which is referred to in the Training Scheme;

[F179 “the Training Scheme” means the Young Large Goods Vehicle (LGV) Driver Training Scheme which was established by Skills for Logistics and approved by the Secretary of State for the purpose of regulations under section 101(2) of the Traffic Act on 24 February 2004 for training young drivers of large goods vehicles.]]

Textual Amendments

F177 Reg. 54 substituted (1.4.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(a), 4

F178 Words in reg. 54(5) substituted (26.7.2004) by The Motor Vehicles (Driving Licences) (Amendment) (No.2) Regulations 2004 (S.I. 2004/1519), regs. 1, 2(2)(a)

F179 Words in reg. 54(5) substituted (26.7.2004) by The Motor Vehicles (Driving Licences) (Amendment) (No.2) Regulations 2004 (S.I. 2004/1519), regs. 1, 2(2)(b)

Drivers’ conduct E+W+S

Large goods vehicle drivers’ licences and LGV Community licences: obligatory revocation or withdrawal and disqualification E+W+S

55.—(1) The prescribed circumstances for the purposes of section 115(1)(a) of the Traffic Act are that, in the case of the holder of a large goods vehicle driver’s licence who is under the age of 21, he has been convicted (or is, by virtue of section 58 of the Offenders Act, to be treated as if he had been convicted) of an offence as a result of which the number of penalty points to be taken into account under section 29 of the Offenders Act F180 exceeds three.

(2) The prescribed circumstances for the purposes of section 115A(1)(a) of the Traffic Act are that, in the case of the holder of an LGV Community licence who is under the age of 21, he has been convicted (or is, by virtue of section 58 of the Offenders Act, to be treated as if he had been convicted) of an offence as a result of which the number of penalty points to be taken into account under section 29 of the Offenders Act exceeds three.

(3) Where—

(a) a large goods vehicle drivers’ licence is revoked under section 115(1)(a) of the Traffic Act, or

(b) the Secretary of State serves a notice on a person in pursuance of section 115A(1)(a) of that Act,

the cases in which the person whose licence has been revoked or, as the case may be, on whom the notice has been served must be disqualified indefinitely or for a fixed period shall be determined by the Secretary of State.

(4) Where the Secretary of State makes a determination under paragraph (3) that a person is to be disqualified for a fixed period he shall be disqualified until he reaches 21 years of age or for such longer period as the Secretary of State shall determine.

Textual Amendments

F180 Section 99C was inserted by the 1996 Regulations.

Holders of licences who are disqualified by order of a court E+W+S

56.—(1) This regulation applies where a person’s large goods vehicle or passenger-carrying vehicle driver’s licence is treated as revoked by virtue of section 37(1) of the Offenders Act (effect of disqualification by court order) and where it applies subsections (1) and (2) of section 117 of the Traffic Act are modified in accordance with paragraphs (2) to (6).

(2) Where the licence which is treated as revoked is a large goods vehicle driver’s licence held by a person under the age of 21—

(a) the Secretary of State must order that person to be disqualified either indefinitely or for a fixed period, and

(b) where the Secretary of State determines that he shall be disqualified for a fixed period, he must be disqualified until he reaches the age of 21 or for such longer period as the Secretary of State determines.

(3) Where the licence which is treated as revoked is a large goods vehicle driver’s licence held by any other person or is a passenger-carrying vehicle driver’s licence—

(a) the Secretary of State may order that person to be disqualified either indefinitely or for such fixed period as he thinks fit, or

(b) except where the licence is a provisional licence, if it appears to the Secretary of State that, owing to that person’s conduct, it is expedient to require him to comply with the prescribed conditions applicable to provisional licences until he passes a test, the Secretary of State may order him to be disqualified for holding or obtaining a full licence until he passes a test.

(4) Where the Secretary of State orders him to be disqualified until he passes a test, that test shall be a test prescribed by these Regulations for a licence authorising the driving of any class of vehicle in category C (other than sub-category C1), C+E, D or D+E which, prior to his disqualification by order of the court, he was authorised to drive by the revoked licence.

(5) Any question as to whether a person—

(a) shall be disqualified indefinitely or for a fixed period or until he passes a test, or

(b) if he is to be disqualified for a fixed period, what that period should be, or

(c) if he is to be disqualified until he passes a test, which test he should be required to pass,

may be referred by the Secretary of State to the traffic commissioner.

(6) Where the Secretary of State determines that a person shall be disqualified for a fixed period, that period shall commence on the expiration of the period of disqualification ordered by the court.

(7) Where this regulation applies, subsections (3) to (6) of section 116 of the Traffic Act shall apply, but as if—

(a) subsection (4)(a) were omitted,

(b) for the words “in any other case, revoke the licence or suspend it" in subsection (4)(b) there were substituted “suspend the licence", and

(c) the references to sections 115(1) and 116(1) of that Act were references to this regulation.

Removal of disqualification E+W+S

57.—(1) Subject to paragraphs (2) and (3), the Secretary of State may remove a disqualification for a period of more than two years imposed under section 117(2)(a) of the Traffic Act, after consultation with the traffic commissioner in a case which was referred to him, if an application for the removal of the disqualification is made after the expiration of whichever is relevant of the following periods commencing on the date of the disqualification—

(a) two years, if the disqualification is for less than four years;

(b) one half of the period of the disqualification, if it is for less than ten years, but not less than four years;

(c) five years in any other case.

(2) An application may not be made if the applicant has during the relevant period been convicted (or treated as convicted) of an offence by virtue of which he has incurred—

(a) penalty points, or

(b) an endorsement of a Northern Ireland driving licence held by him, or of its counterpart, with particulars of a conviction pursuant to provisions for the time being in force in Northern Ireland that correspond to sections 44 and 45 of the Offenders Act.

(3) Where an application under paragraph (1) for the removal of a disqualification is refused, a further such application shall not be entertained if made within three months after the date of refusal.

PART V E+W+S APPROVED TRAINING COURSES FOR RIDERS OF MOTOR BICYCLES AND MOPEDS

Approved training courses E+W+S

Provision of approved training courses E+W+S

58.—(1) For the purposes of section 97(3)(e) of the Traffic Act an approved training course is a course for riders of motor bicycles or mopeds both complying with and conducted in accordance with this Part of these Regulations and approved by the Secretary of State.

(2) An approved training course may be provided—

(a) by the Secretary of State, in so far as concerns the instruction of persons in the civil service of the Crown under his department,

(b) by the Secretary of State for Defence, in so far as concerns the instruction of persons in the service of the Crown under his department, and

(c) by any chief officer of police, in so far as concerns the instruction of—

(i) members of the police force of which he is the chief officer, or

(ii) persons employed in the driving of motor vehicles for police purposes by the police authority for the area in respect of which he is the chief officer or by the Receiver for the Metropolitan Police District,

if that person satisfies the conditions mentioned in paragraph (4).

(3) A person may apply to the Secretary of State to be authorised to provide approved training courses and the Secretary of State may give such authorisation subject to any conditions which he thinks fit to impose if he is satisfied that the applicant satisfies the conditions mentioned in paragraph (4).

(4) The conditions specified in paragraphs (2) and (3) are that he—

(a) is a fit and proper person to conduct courses,

(b) will make proper arrangements for the conduct of courses in accordance with these Regulations, and

(c) will keep proper records of courses and the results thereof.

(5) In this Part of these Regulations—

• “approved training body" means a person authorised to provide approved training courses under this Part;

• “approved training course" has the meaning given in paragraph (1);

• “prescribed training course" means a course containing the elements prescribed under the regulation 59.

Nature and conduct of training courses E+W+S

59.—(1) A training course for riders of motor bicycles and mopeds may not be approved by the Secretary of State unless it comprises elements (A) to (E) set out in Schedule 12.

(2) Before any practical instruction is given to riders on an approved training course all the requirements of element (A) of the course must be fulfilled.

(3) To complete an approved training course successfully, a rider of a motor bicycle or moped must satisfy the approved training body or a certified instructor acting on his behalf as to each of the following matters in the following sequence—

(a) that he has fulfilled the requirements set out in element (B) of the course; and

(b) that he can execute the manoeuvres set out in element (C) of the course; and

(c) that all the requirements of element (D) of the course have been fulfilled; and

(d) that he rides safely on roads in a variety of road traffic situations, including as many as practicable of those set out in element (E) of the course.

Instructors E+W+S

Certified Instructors E+W+S

60.—(1) No person may conduct instruction in the riding of motor bicycles or mopeds as part of an approved training course except in accordance with this regulation and regulations 61 to 68.

(2) Subject to the following provisions of this regulation, an approved training body may authorise persons to conduct on his behalf instruction of persons in the riding of learner motor bicycles and mopeds.

(3) A person may not be authorised under paragraph (2) unless at the date of authorisation he satisfies the following conditions, namely that—

(a) he is a fit and proper person to be an instructor;

(b) he holds a full licence authorising the driving of vehicles in category A other than vehicles included in sub-category A1;

(c) either—

(i) in the case of a person who was authorised to conduct instruction by an approved training body in accordance with regulations in force on 30th January 1998, he had held that licence for a period of, or periods amounting in aggregate to, not less than two years, or

(ii) in any other case, he is at least 21 years of age and has held that licence for a period of, or periods amounting in aggregate to, not less than three years; and

(d) he has either—

(i) successfully completed the Secretary of State’s assessment course for certified instructors, or

(ii) been fully trained by a certified instructor who has successfully completed such a course and assessed by that instructor to be capable of acting as a certified instructor.

(4) An authorisation given to a person under paragraph (2) shall be of no effect unless—

(a) the approved training body has notified the Secretary of State in writing of the proposed authorisation,

(b) the Secretary of State has approved the authorisation in writing, and

(c) there is in force in respect of that person a valid certificate, in the form set out in Part 1 of Schedule 13, issued by the Secretary of State to the approved training body giving the authorisation.

(5) A person in respect of whom a certificate issued under paragraph (4)(c) is in force—

(a) shall be known as a certified instructor, and

(b) shall be entitled to conduct approved training courses, and

(c) in the case of a person who has successfully completed the Secretary of State’s assessment course for certified instructors, shall be entitled to train other persons and to assess their capability to act as certified instructors.

(6) Where a person who is an approved training body satisfies the conditions set out in paragraph (3), the Secretary of State may issue a certificate in respect of him under paragraph (4)(c) and while that certificate is in force—

(a) he shall be known as a certified instructor,

(b) he shall be entitled to conduct approved training courses, and

(c) in the case of a person who has successfully completed the Secretary of State’s assessment course for certified instructors, he shall be entitled to train other persons and to assess their capability to act as certified instructors.

(7) A certificate issued pursuant to paragraph (4)(c) shall be valid for a period of four years but may be renewed upon application being made to the Secretary of State by the approved training body who authorised the instructor.

(8) When conducting an approved training course a certified instructor shall carry with him the certificate issued in respect of him by the Secretary of State and shall, upon being required to do so by a constable or the Secretary of State, produce it for examination.

(9) In this Part of these Regulations “certified instructor" has the meaning given in paragraph (5)(a) or (6)(a) as the case may be.

Persons authorised as assistant instructors E+W+S

61.—(1) Subject to paragraphs (2) and (3), a person authorised or deemed to be authorised as an assistant instructor by virtue of regulations in force on 30th January 1998 shall be entitled to conduct, on behalf of an approved training body, the instruction of riders of motor bicycles in all elements other than element (E) of the prescribed training course.

(2) No person authorised or deemed to be authorised as an assistant instructor may conduct instruction if at any time he ceases to hold a full licence authorising the driving of vehicles in category A (other than a licence authorising the driving only of vehicles in sub-category A1) or if the Secretary of State, being satisfied that he is not a fit and proper person to conduct instruction, withdraws approval of his authorisation to act as an assistant instructor.

(3) No person shall be entitled to conduct training otherwise than as a certified instructor or certified direct access instructor after 30th January 2002.

Withdrawal of approval to provide training courses or to act as instructor E+W+S

62.—(1) The Secretary of State may at any time by notice in writing withdraw an authorisation given under regulation 58(3), an approval given under regulation 60(4)(b) or an authorisation granted by virtue of regulation 61(1).

(2) Where the Secretary of State withdraws an authorisation given under regulation 58(3)—

(a) the approval of that person for the purposes of that regulation, and

(b) the authority of that person, and of any other person whom he has approved to act as a certified or assistant instructor,

shall cease forthwith and the person whose approval is withdrawn shall, before the expiration of a period of 28 days commencing on the date of withdrawal, return to the Secretary of State all certificates which were issued to him under regulation 60(4)(c) and all forms for certificates which were supplied to him under regulation 68(3).

(3) Where the Secretary of State withdraws an approval given under regulation 60(4)(b) or an authorisation granted by virtue of regulation 61(1)—

(a) the authority of the person whose approval to act (as the case may be) as a certified or assistant instructor is withdrawn shall cease forthwith, and

(b) in the case of the withdrawal of an approval given in respect of a certified instructor, the person whose approval is withdrawn shall as soon as is reasonably practicable return the certificate issued under regulation 60(4)(c) and all forms of certificates which were supplied to him under regulation 68(3) to the approved training body who authorised him who must, on receiving the certificate issued under regulation 60(4)(c), return it to the Secretary of State.

Cessation of conduct of training E+W+S

63.—(1) Where a certified instructor authorised by an approved training body under regulation 60(2) ceases to conduct instruction on behalf of the body who authorised him, he shall as soon as is reasonably practicable return the certificate issued under regulation 60(4)(c) and all forms of certificates which were supplied to him under regulation 68(3) to the approved training body who must, on receiving the certificate issued under regulation 60(4)(c), return it to the Secretary of State.

(2) Where an approved training body who is also entitled under regulation 60(6) to conduct instruction as a certified instructor ceases to conduct such instruction, he shall immediately return the certificate issued under regulation 60(4)(c) and (unless the Secretary of State agrees otherwise) all forms of certificates which were supplied to him under regulation 68(3) to the Secretary of State.

Approved training courses conducted on large motor bicycles E+W+S

64.—(1) An approved training course for a person holding a provisional licence authorising the driving of large motor bicycles and undertaken by him on a motor bicycle other than a learner motor bicycle must be conducted by a certified direct access instructor.

(2) “Certified direct access instructor" means a person authorised (or deemed to have been authorised) in accordance with regulation 65.

Certified direct access instructors E+W+S

65.—(1) An approved training body may, subject to the following provisions of this regulation, authorise instructors to conduct on his behalf the instruction of persons who hold provisional licences authorising the riding of large motor bicycles in the riding of motor bicycles other than learner motor bicycles.

(2) A person may not be authorised under paragraph (1) unless he—

(a) holds a full licence to drive motor bicycles,

(b) either—

(i) was authorised on 30th January 1998 to conduct instruction by an approved training body in accordance with [F181 the Motor Vehicles (Driving Licences) Regulations 1996] and has held that licence for a period of, or periods amounting in aggregate to, not less than 2 years, or

(ii) if he was not so authorised, is at least 21 years of age and has held that licence for a period of, or periods amounting in aggregate to, not less than 3 years.

(c) is a certified instructor, and

(d) has successfully completed the Secretary of State’s assessment course for certified direct access instructors.

(3) An authorisation given under paragraph (1) shall be of no effect unless—

(a) the person whom the approved training body proposes to authorise, or another person who is at that time validly authorised by the approved training body to provide instruction in the riding of large motor bicycles, has successfully completed the Secretary of State’s assessment course for certified instructors in addition to the assessment course for direct access instructors,

(b) the approved training body has notified the Secretary of State in writing of the proposed authorisation, and

(c) the Secretary of State has approved the authorisation in writing.

(4) An authorisation given under paragraph (1) shall be of no effect in the case of a direct access instructor unless there is in force in respect of him a valid certificate, in the form set out in Part 2 of Schedule 13, issued by the Secretary of State to the person who has authorised him under paragraph (1).

(5) The Secretary of State may at any time by notice in writing withdraw an approval given under paragraph (3)(c) and any authorisation given under paragraph (1) shall cease to have effect from the date of such notice.

(6) Any authorisation given under paragraph (1) by an approved training body shall cease to have effect if at any time there ceases to be a person who—

(a) is validly authorised by that approved training body to conduct instruction in accordance with paragraph (1), and

(b) has successfully completed the Secretary of State’s assessment course for certified instructors in addition to the assessment course for direct access instructors.

(7) Where—

(a) a person who is an approved training body satisfies the conditions set out in paragraph (2),

(b) either he or another person who is at that time validly authorised by him to provide instruction in the riding of large motor bicycles has successfully completed the Secretary of State’s assessment course for certified instructors in addition to the assessment course for direct access instructors, and

(c) there is in force in respect of that training body a valid certificate issued by the Secretary of State under paragraph (4),

he shall be deemed to have been authorised under paragraph (1) as a certified direct access instructor.

(8) Regulations 60(7) and (8), 62(3) and 63 shall apply in respect of a certified direct access instructor as they apply in respect of a certified instructor as if the references therein to the issue of certificates and the giving or withdrawal of approval were references to the issue of certificates and the giving or withdrawal of approval under this regulation.

(9) Where an authorisation given, or deemed to be given, under this regulation in respect of a certified direct access instructor ceases to have effect by virtue of any of the foregoing provisions of this regulation that instructor shall as soon as is reasonably practicable return the certificate issued under paragraph (4) to the approved training body who must, on receiving it, return it immediately to the Secretary of State.

Textual Amendments

F181 Words in reg. 65(2)(b) substituted (1.11.2000) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2000 (S.I. 2000/2766), regs. 1, 3

Miscellaneous E+W+S

Eligibility to undertake approved training course E+W+S

66.  No person shall be eligible to undertake an approved training course unless at the time he undertakes it he holds a provisional licence authorising him to drive a motor bicycle or moped of the class on which the course is to be undertaken or is entitled, by virtue of section 98 or 99A of the Traffic Act and regulation 19, to drive a motor bicycle of that class subject to the same conditions as the holder of a provisional licence.

Ratio of trainees to instructors E+W+S

67.—(1) Where, during an approved training course, more than one person is receiving on-site instruction and practical on-site riding as part of elements (B) and (C) of the prescribed training course—

(a) in the case of instruction or riding which may under these Regulations be conducted by a certified or an assistant instructor, there shall be no more than four such persons in the charge of any one instructor at any one time,

(b) in the case of instruction or riding which must under regulation 64 be conducted by a certified direct access instructor, there shall be no more than two such persons in the charge of any one instructor at any one time.

(2) Subject to paragraph (3), when riders are undertaking element (E) of the prescribed training course—

(a) there must be no more than two riders in the charge of any one certified or certified direct access instructor at any one time, and

(b) the instructor must be able to communicate with each rider by means of a radio which is not hand-held while in operation.

(3) The requirement specified in paragraph (2)(b) shall not apply in the case of a rider who is unable, by reason of impaired hearing, to receive directions from the instructor by radio where the rider and the instructor are employing a satisfactory means of communication which they have agreed before the start of element (E).

Evidence of successful completion of course E+W+S

68.—(1) The certified instructor or the certified direct access instructor who conducted element (E) of the prescribed training course shall furnish a person who successfully completes an approved training course with a certificate in the form set out in Part 3 of Schedule 13 and signed by that instructor.

(2) A certificate under paragraph (1) is not valid either for the purposes of section 97(3)(e) of the Traffic Act or as evidence of the succesful completion of an approved training course for the purposes of regulation 38(8)—

(a) if the person to whom it is issued is at the time of issue ineligible to undertake the training course and

[F182 (b) after whichever is the earliest of the following dates, namely—

(i) in a case where the person to whom the certificate was furnished is subsequently disqualified by order of a court under section 36 of the Offenders Act, the date on which the order is made;

(ii) in a case where the licence of the person to whom the certificate was furnished is subsequently revoked by the Secretary of State under section 3(1) of the Road Traffic (New Drivers) Act 1995, the date on which the revocation has effect in accordance with section 3(2) of that Act;

(iii) in a case where the certificate was issued before 1st February 2001, the last day of the period of 3 years beginning with the date of the certificate; or

(iv) in a case where the certificate was issued on or after 1st February 2001, the last day of the period of 2 years beginning with the date of the certificate.]

(3) A certified instructor or a certified direct access instructor shall issue certificates using forms supplied by the Secretary of State to the approved training body and the Secretary of State may make a charge of £8 per form.

(4) An approved training body may, if satisfied that a certificate issued to a person who has successfully completed an approved training course conducted by that body has been lost or destroyed, issue a duplicate certificate but may not make a charge exceeding £20 in respect of the issue of any one certificate.

Textual Amendments

F182 Reg. 68(2)(b) substituted (1.2.2001) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2001 (S.I. 2001/53), regs. 1, 10(2)

Exemptions from Part V E+W+S

69.—(1) Subject to paragraph (2), section 98(3)(c) of the Traffic Act shall not apply to a person who is a provisional entitlement holder by virtue of having passed a test for the time being prescribed in respect of category P on or after 1st December 1990 and such a person shall be exempt from the requirement imposed by section 89(2A) of that Act.

(2) Paragraph (1) shall cease to apply to a person if he is disqualified by order of a court under section 36 of the Offenders Act.

[F183 (2A) Subject to paragraph (2C), section 89(2A) of the Traffic Act shall not apply to a person who is for the time being the holder of a full licence for a class of vehicle included in category A in respect of a test of competence to drive a vehicle of any other class included in that category.

(2B) Subject to paragraph (2C), a person who is for the time being the holder of a full licence for a class of vehicle included in category A shall be exempt from the restriction imposed by section 97(3)(e) on his driving a vehicle of another class included in that category.

(2C) The exemptions conferred by paragraphs (2A) and (2B) shall not apply in relation to the holder of a full licence authorising him only to drive a vehicle included in category A having automatic transmission in respect of—

(a) a test of competence to drive a vehicle having manual transmission; or

(b) his driving a vehicle having manual transmission.]

(3) A provisional licence or provisional entitlement holder who is resident on an exempted island shall be exempt from the requirement imposed by section 89(2A) of the Traffic Act in respect of a test of competence to drive a motor bicycle of any class taken, or to be taken, on an island, whether or not that island is an exempted island.

(4) A provisional licence holder who is resident on an exempted island shall be exempt from the restriction imposed by section 97(3)(e) of the Traffic Act if he satisfies either of the conditions set out in paragraph (6).

(5) Section 98(3)(c) of the Traffic Act shall not apply to a provisional entitlement holder who is resident on an exempted island if he satisfies either of the conditions set in paragraph (6).

(6) The conditions referred to in paragraphs (4) and (5) are that he is—

(a) driving on an exempted island, whether or not he is also resident on that island; or

(b) driving on an island which is not an exempted island for the purpose of—

(i) undertaking, or travelling to or from, an approved training course,

(ii) undergoing, or travelling to or from a place where he is to take or where he has taken, a test of competence prescribed in respect of category A or P.

(7) In this regulation—

• “exempted island" means any island in Great Britain other than—

  (a)

  the Isle of Wight, the island which comprises Lewis and Harris, the island which comprises North Uist, Benbecula and South Uist, Mainland Orkney and Mainland Shetland, and

  (b)

  any other island from which motor vehicles not constructed or adapted for special purposes can at some time be conveniently driven to a road in any other part of Great Britain because of the presence of a bridge, tunnel, ford or other way suitable for the passage of such motor vehicles;

• “provisional licence holder" means a person who holds a provisional licence which, subject to section 97(3) of the Traffic Act, authorises the driving of motor bicycles of any class; and

• “provisional entitlement holder" means a person who holds a full licence which is treated, by virtue of section 98 of the Traffic Act and regulation 19, as authorising him to drive motor bicycles of any class as if he held a provisional licence therefor.

Textual Amendments

F183 Reg. 69(2A)-(2C) inserted (1.2.2001) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2001 (S.I. 2001/53), regs. 1, 11

PART VI E+W+S DISABILITIES

Licence groups E+W+S

70.—(1) In this Part of these Regulations—

• “Group 1 licence" means a licence in so far as it authorises its holder to drive classes of motor vehicle included in—

  (a)

  categories A, B, B+E, F, G, H, K, L and P,

  (b)

  the former category N,

• “Group 2 licence" means, subject to paragraphs (2) and (3), a licence in so far as it authorises its holder to drive classes of motor vehicle included in any other category, and

• “licence" includes, unless the context otherwise requires, a Northern Ireland licence and a Community licence.

(2) In so far as a licence authorises its holder to drive vehicles of a class included in sub-categories C1, C1+E (8.25 tonnes), D1 (not for hire or reward) and D1+E (not for hire or reward) it is a Group 1 licence while it remains in force if—

(a) it was in force at a time before 1st January 1997, or

(b) it is granted upon the expiry of a licence which was in force at a time before 1st January 1997 and comes into force not later than 31st December 1997.

(3) Subject to paragraph (6)(d) of regulation 7, a licence shall be a Group 1 licence in so far as it authorises, by virtue of paragraphs (4), (5) and (6) of that regulation, the driving of a class of motor vehicles which is not included in a category or sub-category specified in relation to a Group 1 licence in paragraph (1) or (2) above.

Disabilities prescribed in respect of Group 1 and 2 licences E+W+S

71.—(1) The following disabilities are prescribed for the purposes of section 92(2) of the Traffic Act as relevant disabilities in relation to an applicant for, or a person who holds, a Group 1 or Group 2 licence—

(a) epilepsy;

(b) severe mental disorder;

(c) liability to sudden attacks of disabling giddiness or fainting which are caused by any disorder or defect of the heart as a result of which the applicant for the licence or, as the case may be, the holder of the licence has a device implanted in his body, being a device which, by operating on the heart so as to regulate its action, is designed to correct the disorder or defect;

(d) liability to sudden attacks of disabling giddiness or fainting, other than attacks falling within paragraph (1)(c); and

(e) persistent misuse of drugs or alcohol, whether or not such misuse amounts to dependency.

(2) The disability prescribed in paragraph (1)(c) is prescribed for the purpose of section 92(4)(b) of the Traffic Act in relation to an applicant for a Group 1 or Group 2 licence if the applicant suffering from that disability satisfies the Secretary of State that—

(a) the driving of a vehicle by him in pursuance of the licence is not likely to be a source of danger to the public; and

(b) he has made adequate arrangements to receive regular medical supervision by a cardiologist (being a supervision to be continued throughout the period of the licence) and is conforming to those arrangements.

(3) The following disabilities are prescribed for the purposes of paragraphs (a) and (c) of section 92(4) of the Traffic Act namely, any disability consisting solely of any one or more of—

(a) the absence of one or more limbs,

(b) the deformity of one or more limbs, or

(c) the lost of use of one or more limbs, which is not progressive in nature.

(4) In this regulation—

(a) in paragraph (1)(b), the expression “severe mental disorder" includes mental illness, arrested or incomplete development of the mind, psychopathic disorder and severe impairment of intelligence or social functioning;

(b) in paragraph (2)(b), the expression “cardiologist" means a registered medical practitioner who specialises in disorders or defects of the heart and who, in that connection, holds a hospital appointment;

(c) in paragraph (3), references to a limb include references to a part of a limb, and the reference to loss of use, in relation to a limb, includes a reference to a deficiency of limb movement or power.

Disabilities prescribed in respect of Group 1 licences E+W+S

72.— [F184 (1) There is prescribed for the purposes of section 92(2) of the Traffic Act as a relevant disability in relation to an applicant for, or a holder of, a Group 1 licence, the inability to read in good daylight, with the aid of corrective lenses if worn, a registration mark which is affixed to a motor vehicle and contains characters of the prescribed size.

(1A) In paragraph (1) the “prescribed size” means—

(a) characters 79 millimetres high and 57 millimetres wide in a case where they are viewed from a distance of—

(i) 12.3 metres, by an applicant for, or the holder of, a licence authorising the driving of a vehicle of a class included in category K, and

(ii) 20.5 metres, in any other case; or

(b) characters 79 millimetres high and 50 millimetres wide in a case where they are viewed from a distance of—

(i) 12 metres, by an applicant for, or the holder of, a licence authorising the driving of a vehicle of a class included in category K, and

(ii) 20 metres, in any other case.]

(2) Epilepsy is prescribed for the purposes of section 92(4)(b) of the Traffic Act in relation to an applicant for a Group 1 licence who either—

(a) has been free from any epileptic attack during the period of one year immediately preceding the date when the licence is granted; or

(b) (if not so free from attack) has had an epileptic attack whilst asleep more than three years before the date when the licence is granted and has had attacks only whilst asleep between the date of that attack and the date when the licence is granted,

[F185 where the conditions set out in paragraph (2A) are satisfied].

[F186 (2A) The conditions are that—

(a) so far as is practicable, he complies with the directions regarding his treatment for epilepsy, including directions as to regular medical check-ups made as part of that treatment, which may from time to time be given to him by the registered medical practitioner supervising the treatment,

(b) if required to do so by the Secretary of State, he has provided a declaration signed by him that he will observe the condition in sub-paragraph (a), and

(c) the Secretary of State is satisfied that the driving of a vehicle by him in accordance with the licence is not likely to be a source of danger to the public.]

(3) The disability described in paragraph (1) is prescribed for the purposes of section 94(5)(b) of the Traffic Act in relation to an applicant for, or a person who holds, a Group 1 licence.

Textual Amendments

F184 Reg. 72(1)(1A) substituted for reg. 72(1) (21.2.2003) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2003 (S.I. 2003/166), regs. 1(1), 5(2)

F185 Words in reg. 72(2) substituted (21.2.2003) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2003 (S.I. 2003/166), regs. 1(1), 5(3)

F186 Reg. 72(2A) inserted (21.2.2003) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2003 (S.I. 2003/166), regs. 1(1), 5(4)

Disabilities prescribed in respect of Group 2 licences E+W+S

73.— [F187 (1) There is prescribed for the purposes of section 92(2) of the Traffic Act as a relevant disability in relation to an applicant for, or the holder of, a Group 2 licence the disability described in regulation 72(1).]

(2) There is also prescribed for the purposes of section 92(2) of the Traffic Act as a relevant disability in relation to a person other than an excepted licence holder who is an applicant for or who holds a Group 2 licence, such abnormality of sight in one or both eyes that he cannot meet the relevant standard of visual acuity.

(3) The relevant standard of visual acuity for the purposes of paragraph (2) means—

(a) in the case of a person who—

(i) was the holder of a valid Group 2 licence or obsolete vocational licence upon each relevant date specified in column (1) of Table 1 at the end of this regulation, and

(ii) if he is an applicant for a Group 2 licence, satisfies the Secretary of State that he has had adequate recent driving experience and has not during the period of 10 years immediately before the date of the application been involved in any road accident in which his defective eyesight was a contributory factor,

the standard prescribed in relation to him in column (2) of Table 1;

(b) in the case of a person who—

(i) does not fall within sub-paragraph (a), and

(ii) was or is the holder of a valid Group 2 licence upon the relevant date specified in column (1) of Table 2 at the end of this regulation,

the standard prescribed in relation to him in column (2) of Table 2;

F188 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F189 (c) in the case of any other person, a standard of visual acuity (with the aid of corrective lenses if necessary) of at least 6/9 in the better eye and at least 6/12 in the worse eye and, if corrective lenses are necessary, an uncorrected acuity of at least 3/60 in both eyes.]

(4) There is prescribed for the purposes of section 92(2) of the traffic Act in relation to a person—

(a) to whom paragraph (3)(c) applies, and

(b) who is able to meet the relevant standard of visual acuity prescribed in that sub-paragraph only with the aid of corrective lenses,

poor toleration of the correction made by the lenses.

(5) There is prescribed for the purposes of section 92(2) as a relevant disability in relation to a person who is an applicant for or who holds a Group 2 licence, sight in only one eye unless—

(a) he held an obsolete vocational licence on 1st April 1991, the traffic commissioner who granted the last such licence knew of the disability before 1st January 1991, and—

(i) in a case of a person who also held such a licence on 1st January 1983, the visual acuity in his sighted eye is no worse than 6/12, or

(ii) in any other case, the visual acuity in his sighted eye is no worse than 6/9, and

if he is an applicant for a Group 2 licence, he satisfies the Secretary of State that he has had adequate recent driving experience and has not during the period of 10 years immediately before the date of the application been involved in any road accident in which his defective eyesight was a contributory factor; or

(b) the person is an excepted licence holder.

(6) Diabetes requiring insulin treatment is prescribed for the purposes of section 92(2) in relation to an applicant for or a person who holds a Group 2 licence unless the person suffering from the disability held an obsolete vocational licence on 1st April 1991 and the traffic commissioner who granted the last obsolete vocational licence knew of the disability before 1st January 1991.

(7) Liability to seizures arising from a cause other than epilepsy is prescribed for the purposes of section 92(2) in relation to an applicant for or a person who holds a Group 2 licence.

(8) Epilepsy is prescribed for the purposes of section 92(4)(b) of the Traffic Act in the case of an applicant for a Group 2 licence suffering from epilepsy who satisfies the Secretary of State that—

(a) during the period of 10 years immediately preceding the date when the licence is granted—

(i) he has been free from any epileptic attack, and

(ii) he has not required any medication to treat epilepsy, and

(b) that the driving of a vehicle by him in accordance with the licence is not likely to be a source of danger to the public.

[F190 (9) Diabetes requiring insulin treatment is prescribed for the purposes of section 92(4)(b) in the case of a person who—

(a) is an applicant for a licence authorising the driving of vehicles in sub-category C1, C1+E or C1+E (8.25 tonnes), and

(b) satisfies the Secretary of State that he has for at least 4 weeks been undergoing treatment with insulin,

provided that he satisfies the conditions mentioned in paragraph (10).]

(10) The conditions referred to in paragraph (9) are that—

F191 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) he has not, during the period of 12 months ending on the date of the application, required the assistance of another person to treat an episode of hypoglycaemia suffered whilst he was driving,

(c) he makes an arrangement to undergo at intervals of not more than 12 months an examination by a hospital consultant specialising in the treatment of diabetes and so far as is reasonably practicable conforms to that arrangement,

(d) his application is supported by a report from such a consultant sufficient to satisfy the Secretary of State that he has a history of responsible diabetic control with a minimal risk of incapacity due to hypoglycaemia F192 ...,

[F193 (dd) he provides a declaration signed by him that he will—

(i) so far as reasonably practicable comply with such directions regarding his treatment for diabetes as may for the time being be given to him by the doctor supervising that treatment;

(ii) immediately report to the Secretary of State in writing any significant change in his condition; and

(iii) provide such evidence as the Secretary of State may request that he continues to carry out the monitoring referred to in sub-paragraph (e) below,]

[F194 (e) he regularly monitors his condition and, in particular, undertakes blood glucose monitoring at least twice daily and at times relevant to—

(i) if he has held a licence authorising the driving of vehicles in sub-category C1, C1+E or C1+E (8.25 tonnes) for at least 12 months since starting his insulin treatment, the driving of such vehicles, and

(ii) in any other case, the driving of motor vehicles generally.]

(f) the Secretary of State is satisfied that the driving of such a vehicle in pursuance of the licence is not likely to be a source of danger to the public.

(11) In this regulation—

(a) references to measurements of visual acuity are references to visual acuity measured on the Snellen Scale;

(b) “excepted licence holder" means a person who—

(i) was the holder of a licence authorising the driving of vehicles included in sub-categories C1 and C1+E (8.25 tonnes) which was in force at a time before 1st January 1997, and

(ii) is an applicant for, or the holder of, a Group 2 licence solely by reason that the licence applied for or held authorises (or would, if granted, authorise) the driving of vehicles included in those sub-categories.

(c) “obsolete vocational licence" means a licence to drive heavy goods vehicles granted under Part IV of the Traffic Act as originally enacted or a licence to drive public service vehicles granted under section 22 of the 1981 Act which was in force a time before 1 April 1991.

TABLE 1

(1) Person holding Group 2 licence or obsolete vocational licence on:	(2) Standard of visual acuity applicable:
1. 1 January 1983 and 1 April 1991	Acuity (with the aid of corrective lenses if necessary) of at least 6/12 in the better eye or at least 6/36 in the worse eye or uncorrected acuity of at least 3/60 in at least one eye.
2. 1 March 1992, but not on 1 January 1983	Acuity (with the aid of corrective lenses if necessary) of at least 6/9 in the better eye or at least 6/12 in the worse eye, or uncorrected acuity of at least 3/60 in at least one eye.

TABLE 2

(1) Person holding Group 2 licence on:	(2) Standard of visual acuity applicable:
1. 31 December 1996, but not on 1 March 1992.	Acuity (with the aid of corrective lenses if necessary) of at least 6/9 in the better eye and at least 6/12 in the worse eye and, if corrective lenses are needed to meet that standard, uncorrected acuity of at least 3/60 in at least one eye.
F195 . . .	F195 . . .

Textual Amendments

F187 Reg. 73(1) substituted (21.2.2003) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2003 (S.I. 2003/166), regs. 1(1), 6(a)

F188 Reg. 73(3)(c) omitted (21.2.2003) by virtue of The Motor Vehicles (Driving Licences) (Amendment) Regulations 2003 (S.I. 2003/166), regs. 1(1), 6(b)

F189 Reg. 73(3)(c) inserted (2.4.2007) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2007 (S.I. 2007/698), regs. 1(1), 13(a)

F190 Reg. 73(9) substituted (5.4.2001) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2001 (S.I. 2001/937), regs. 1, 3

F191 Reg. 73(10)(a) revoked (5.4.2001) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2001 (S.I. 2001/937), regs. 1, 4(1)

F192 Words in reg. 73(10)(d) omitted (5.4.2001) by virtue of The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2001 (S.I. 2001/937), regs. 1, 4(2)

F193 Reg. 73(10)(dd) inserted (5.4.2001) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2001 (S.I. 2001/937), regs. 1, 4(3)

F194 Reg. 73(10)(e) substituted (5.4.2001) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2001 (S.I. 2001/937), regs. 1, 4(4)

F195 Reg. 73 Table 2 entry omitted (2.4.2007) by virtue of The Motor Vehicles (Driving Licences) (Amendment) Regulations 2007 (S.I. 2007/698), regs. 1(1), 13(b)

Disabilities requiring medical investigation: High Risk Offenders E+W+S

74.—(1) Subject to paragraph (2), the circumstances prescribed for the purposes of subsection (5) of section 94 of the Traffic Act, under subsection (4) of that section, are that the person who is an applicant for, or holder of, a licence—

(a) has been disqualified by an order of a court by reason that the proportion of alcohol in his body equalled or exceeded—

(i) 87.5 microgrammes per 100 millilitres of breath, or

(ii) 200 milligrammes per 100 millilitres of blood, or

(iii) 267.5 milligrammes per 100 millilitres of urine;

(b) has been disqualified by order of a court by reason that he has failed, without reasonable excuse, to provide a specimen when required to do so pursuant to section 7 of the Traffic Act; or

(c) has been disqualified by order of a court on two or more occasions within any period of 10 years by reason that—

(i) the proportion of alcohol in his breath, blood or urine exceeded the limit prescribed by virtue of section 5 of the Traffic Act, or

(ii) he was unfit to drive through drink contrary to section 4 of that Act.

(2) For the purposes of paragraph (1)(a) and (b) a court order shall not be taken into account unless it was made on or after 1st June 1990 and paragraph (1)(c) shall not apply to a person unless the last such order was made on or after 1st June 1990.

Examination by an officer of the Secretary of State E+W+S

75.—(1) There are prescribed for the purposes of section 94(5)(b)(ii) (examination of a licence applicant or holder by an officer of the Secretary of State) the following disabilities—

(a) impairment of visual acuity or of the central or peripheral visual field;

(b) a disability consisting of any one or more of the following—

(i) the absence of one or more limbs,

(ii) the deformity of one or more limbs,

(iii) the loss of use of one or more limbs whether or not progressive in nature, and

(iv) impairment of co-ordination of movement of the limbs or of co-ordination between a limb and the eye;

(c) impairment of cognitive functions or behaviour;

(2) In paragraph (1)(b), a reference to a limb includes a reference to part of a limb, and the reference to loss of use in relation to a limb includes a reference to impairment of limb movement, power or sensation.

PART VII E+W+S SUPPLEMENTARY

Transitional provisions E+W+S

Effect of change in classification of vehicles for licensing purposes E+W+S

76.—(1) In a licence (whether full or provisional) granted before 1st January 1997, a reference to motor vehicles in an old category shall be construed as a reference to motor vehicles in the new category corresponding thereto and a reference to motor vehicles of a class included in an old category shall be construed as a reference to vehicles of the corresponding class included in the new category.

(2) Where a licence granted before 1st January 1997 authorises only the driving of a class of motor vehicles included in an old category having automatic transmission, it shall authorise the driving of the corresponding class of vehicles in the new category having automatic transmission.

(3) For the purposes of paragraphs (1) and (2), a reference in a licence to motor vehicles in an old category (or a class included in that category) includes a reference in a licence granted before 1st June 1990 to a group or class of motor vehicles which is, by virtue of any enactment, to be construed as a reference to vehicles in the old category (or a class included in that category).

(4) In this regulation—

• “old category" and “class included in an old category" mean respectively a category and a class of vehicles specified in column (1) of the table at the end of this regulation,

• “new category" and “class included in a new category", in relation to an old category, mean respectively the category (or, as the case may be, the sub-category) and the class of vehicles specified in column (2) of the table as corresponding to the relevant old category or class included therein, and

• “section 19 permit" means a permit granted under section 19 of the 1985 Act.

  TABLE

  (1) Old category or class	(2) Corresponding new category or class
  A	A
  B1	B1
  B1, limited to invalid carriages	B1 (invalid carriages)
  B	B
  B plus E	B+E
  C1	C1
  C1 plus E	C1+E (8.25 tonnes)
  C	C
  C plus E	C+E
  C plus E, limited to drawbar trailer combinations only	Vehicles in category C+E which are drawbar trailer combinations
  D1	D1 (not for hire or reward)
  D1 plus E	D1+E (not for hire or reward)
  D, limited to 16 seats	D1
  D, limited to vehicles not more than 5.5 metres in length	D1 and vehicles in category D not more than 5.5 metres in length
  D, limited to vehicles not driven for hire or reward	Vehicles in category D which are either driven while being used in accordance with a section 19 permit or, if not being so used, driven otherwise than for hire or reward
  D	D
  D plus E	D+E
  F	F
  G	G
  H	H
  K	K
  L	L
  P	P

Saving in respect of entitlement to Group M E+W+S

77.—(1) Where a person was authorised by virtue of regulations revoked by these Regulations (whether or not he is also the holder of a licence granted before 1st October 1982) to drive, or to apply for the grant of a licence authorising the driving of, vehicles of a class included in the former group M (trolley vehicles used for the carriage of passengers with more than 16 seats in addition to the driver’s seat), he shall continue to be so authorised and any licence granted to such a person shall be construed as authorising the driving of vehicles of that class.

(2) A person who is authorised to drive vehicles of a class included in the former group M shall, to the extent that he is so authorised, be deemed to be the holder of a Group 1 licence.

Saving in respect of entitlement to former category N E+W+S

78.—(1) Where on 31st December 1996 a person was, by virtue of regulations then in force, the holder of, or entitled to apply for the grant of, a licence authorising the driving of vehicles included in—

(a) the former category N (vehicles exempt from vehicle excise duty under section 7(1) of the Vehicles (Excise) Act 1971) alone, or

(b) category F or A and the former category N,

the Secretary of State may, notwithstanding anything otherwise contained in these Regulations, grant to such a person a licence authorising the driving of vehicles in the former category N (with or without vehicles in either or both of the other categories as the case may be) and a person holding such a licence shall be authorised to drive such vehicles.

(2) Where on 31st December 1996 a person was the holder of, or entitled to apply for the grant of, a licence authorising the driving of vehicles included in category B and the former category N, he shall continue to be authorised to drive vehicles in that former category and any licence granted to such a person authorising the driving of vehicles included in category B shall be construed as authorising also the driving of vehicles in that former category.

Saving in respect of entitlement to drive mobile project vehicles E+W+S

79.  In relation to a person who was at a time before 1st January 1997 the holder of a licence authorising the driving of vehicles of a class included in category B (except a licence authorising only the driving of vehicles included in sub-category B1 or B1 (invalid carriages)), regulation 7(5) shall apply as if paragraphs (b) and (c) and the words “on behalf of a non-commercial body" were omitted.

Miscellaneous E+W+S

Persons who become resident in Great Britain E+W+S

80.—(1) A person who becomes resident in Great Britain who is—

(a) the holder of a relevant permit, and

(b) not disqualified for holding or obtaining a licence in Great Britain

shall, during the period of one year after he becomes so resident, be treated for the purposes of section 87 of the Traffic Act as the holder of a licence authorising him to drive all classes of small vehicle, motor bicycle or moped which he is authorised to drive by that permit.

(2) A person who becomes resident in Great Britain who is—

(a) the holder of a British external licence granted in the [F196 Isle of Man, Jersey or Guernsey] authorising the driving of [F197 large and medium-sized goods vehicles] of any class, and

(b) not disqualified for holding or obtaining a licence in Great Britain

shall, during the period of one year after he becomes so resident, be treated for the purposes of section 87 of the Traffic Act as the holder of a licence authorising him to drive [F197 large and medium-sized goods vehicles] of all classes which he is authorised to drive by that licence.

(3) A person who becomes resident in Great Britain who is—

(a) the holder of a British external licence granted in the [F198 Isle of Man, Jersey or Guernsey] authorising the driving of passenger-carrying vehicles of any class, and

(b) not disqualified for holding or obtaining a licence in Great Britain

shall, during the period of one year after he becomes so resident, be treated for the purposes of section 87 of the Traffic Act as the holder of a licence authorising him to drive passenger-carrying vehicles of all classes which he is authorised to drive by that licence.

(4) The enactments mentioned in paragraph (5) shall apply in relation to—

(a) holders of relevant permits and holders of British external licences of the classes mentioned in paragraphs (2) and (3), or

(b) (as the case may be) those licences and permits,

with the modifications contained in paragraph (5).

(5) The modifications referred to in paragraph (4) are that—

(a) section 7 of the Offenders Act F199 shall apply as if—

(i) the references to a licence were references to a relevant permit or a British external licence, and

(ii) the words after paragraph (c) thereof were omitted;

(b) section 27(1) and (3) of the Offenders Act F200 shall apply as if—

(i) the references to a licence were references to a relevant permit or a British external licence,

(ii) the references to the counterpart of a licence were omitted, and

(iii) in subsection (3) the words “, unless he satisfies the Court that he has applied for a new licence and has not received it" were omitted;

(c) section 42(5) of the Offenders Act shall apply as if for the words “endorsed on the counterpart of the licence" onwards there were substituted the words “notified to the Secretary of State";

(d) section 47 of the Offenders Act shall apply as if for subsection (2) F201 there were substituted—

“(2) Where a court orders the holder of a relevant permit or a British external licence to be disqualified it must send the permit or the licence, on its being produced to the court, to the Secretary of State who shall keep it until the disqualification has expired or been removed or the person entitled to it leaves Great Britain and in any case has made a demand in writing for its return to him.

“Relevant permit" has the meaning given by regulation 80 of the Motor Vehicles (Driving Licences) Regulations 1999.”;

(e) section 164(1), (6) and (8) of the Traffic Act F202 shall apply as if the references therein to a licence were references to a relevant permit or a British external licence and the references to a counterpart of a licence were omitted; and

(f) section 173 of the Traffic Act F203 shall apply as if after paragraph (aa) there were added—

“(ab) a relevant permit (within the meaning of regulation 80 of the Motor Vehicles (Driving Licences) Regulations 1999,

(ac) a British external licence,”.

(6) In this regulation “relevant permit" means—

(i) a “domestic driving permit",

(ii) a “Convention driving permit", or

(iii) a “British Forces (BFG) driving licence",

within the meaning of article 2(7)—of the Motor Vehicles (International Circulation) Order 1975 F204 which is—

(a) for the time being valid for the purposes for which it was issued, and

(b) is not a domestic driving permit or a British Forces (BFG) driving licence in respect of which any order made, or having effect as if made, by the Secretary of State is for the time being in force under article 2(6) of that Order.

Textual Amendments

F196 Words in reg. 80(2) substituted (21.2.2003) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2003 (S.I. 2003/166), regs. 1(1), 7(a)(i)

F197 Words in reg. 80(2) substituted (21.2.2003) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2003 (S.I. 2003/166), regs. 1(1), 7(a)(ii)

F198 Words in reg. 80(3)(a) substituted (21.2.2003) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2003 (S.I. 2003/166), regs. 1(1), 7(b)

F199 The relevant amendment is by the 1991 Act, Schedule 4, paragraph 83.

F200 The relevant amendments are by the 1990 Regulations and the 1991 Act, Schedule 4, paragraph 91.

F201 Section 47(2) was amended by the 1990 Regulations and the 1991 Act, Schedule 4, paragraph 100.

F202 The relevant amendments are by the 1990 Regulations and the 1991 Act, Schedule 4, paragraph 68, and Schedule 8.

F203 The relevant amendment is by the 1996 Regulations.

F204 S.I. 1975/1208.

Service personnel E+W+S

81.  The traffic commissioner for the South Eastern and Metropolitan Traffic Areas is hereby prescribed for the purposes of section 183(6) of the Traffic Act (discharge of Part IV functions in relation to HM Forces).

Northern Ireland licences E+W+S

82.—(1) The traffic commissioner for the North Western Traffic Area is hereby prescribed for the purposes of section 122(2) F205 of the Traffic Act.

(2) For the purposes of section 122(4) of the Traffic Act, the magistrates’ court or sheriff to whom an appeal shall lie by the holder of a Northern Ireland licence, being a person who is not resident in Great Britain and who is aggrieved by the suspension or revocation of the licence or by the ordering of disqualification for holding or obtaining a licence, shall be—

(a) such a magistrates’ court or sheriff as he may nominate at the time he makes the appeal; or

(b) in the absence of a nomination of a particular court under sub-paragraph (a), the magistrates’ court in whose area the office of the traffic commissioner for the North Western Traffic Area is situated.

Textual Amendments

F205 Section 122 substituted by section 2(1) of the 1991 Act.

Statement of date of birth E+W+S

83.—(1) The circumstances in which a person specified in section 164(2) of the Traffic Act shall, on being required by a police constable, state his date of birth are—

(a) where that person fails to produce forthwith for examination his licence on being required to do so by a police constable under that section; or

(b) where, on being so required, that person produces a licence—

(i) which the police constable in question has reason to suspect was not granted to that person, was granted to that person in error or contains an alteration in the particulars entered on the licence (other than as described in paragraph (ii)) made with intent to deceive; or

(ii) in which the driver number has been altered, removed or defaced;

(c) where that person is a person specified in subsection (1)(d) of that section and the police constable has reason to suspect that he is under 21 years of age.

(2) In paragraph (1), “driver number" means the number described as the driver number in the licence.

Signed by authority of the Secretary of State for the Environment, Transport and the Regions

Larry Whitty

Parliamentary under-Secretary of State,

Department of the Environment, Transport and the Regions

We approve the making of these Regulations

Jim Dowd

Bob Ainsworth

Two of the Lords Commissioners of Her Majesty’s Treasury

Regulation 2

SCHEDULE 1 E+W+S Regulations Revoked

Title	Year and Number
The Motor Vehicles (Driving Licences) Regulations 1996	1996/2824
The Motor Vehicles (Driving Licences) (Amendment) Regulations 1997	1997/256
The Motor Vehicles (Driving Licences) (Amendment) (No. 2) Regulations 1997	1997/669
The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 1997	1997/846
The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 1997	1997/2070
The Motor Vehicles (Driving Licences) (Amendment) (No. 5) Regulations 1997	1997/2915
The Motor Vehicles (Driving Licences) (Amendment) Regulations 1998	1998/20
The Motor Vehicles (Driving Licences) (Amendment) (No. 2) Regulations 1998	1998/528
The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 1998	1998/1229
The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 1998	1998/2038
The Motor Vehicles (Driving Licences) (Amendment) Regulations 1999	1999/72
The Motor Vehicles (Driving Licences) (Amendment) (No. 2) Regulations 1999	1999/617

Regulations 4 to 6 and 43

SCHEDULE 2 E+W+S CATEGORIES AND SUB-CATEGORIES OF VEHICLE FOR LICENSING PURPOSES

PART 1 E+W+S

(1) Category or sub-category	(2) Classes of vehicle included	(3) Additional categories and sub-categories
A	Motor bicycles.	B1, K and P
A1	A sub-category of category A comprising learner motor bicycles.	P
B	Motor vehicles, other than vehicles included in category A, F, K or P, having a maximum authorised mass not exceeding 3.5 tonnes and not more than eight seats in addition to the driver’s seat, including: (i)a combination of any such vehicle and a trailer where the trailer has a maximum authorised mass not exceeding 750 kilogrammes, and (ii)a combination of any such vehicle and a trailer where the maximum authorised mass of the combination does not exceed 3.5 tonnes and the maximum authorised mass of the trailer does not exceed the unladen weight of the tractor vehicle.	F, K and P
B1	A sub-category of category B comprising motor vehicles having three or four wheels and an unladen weight not exceeding 550 kilograms.	K and P
B+E	Combinations of a motor vehicle and trailer where the tractor vehicle is in category B but the combination does not fall within that category.	None
C	Motor vehicles having a maximum authorised mass exceeding 3.5 tonnes, other than vehicles falling within category D, F, G or H, including any such vehicle drawing a trailer having a maximum authorised mass not exceeding 750 kilograms.	None
C1	A sub-category of category C comprising motor vehicles having a maximum authorised mass exceeding 3.5 tonnes but not exceeding 7.5 tonnes, including any such vehicle drawing a trailer having a maximum authorised mass not exceeding 750 kilograms.	None
D	Motor vehicles constructed or adapted for the carriage of passengers having more than eight seats in addition to the driver’s seat, including any such vehicle drawing a trailer having a maximum authorised mass not exceeding 750 kilograms.	None
D1	A sub-category of category D comprising motor vehicles having more than eight but not more than 16 seats in addition to the driver’s seat and including any such vehicle drawing a trailer with a maximum authorised mass not exceeding 750 kilograms.	None
C+E	Combinations of a motor vehicle and trailer where the tractor vehicle is in category C but the combination does not fall within that category.	B+E
C1+E	A sub-category of category C+E comprising combinations of a motor vehicle and trailer where: (a)the tractor vehicle is in sub-category C1, (b)the maximum authorised mass of the trailer exceeds 750 kilograms but not the unladen weight of the tractor vehicle, and (c)the maximum authorised mass of the combination does not exceed 12 tonnes.	B+E
D+E	Combinations of a motor vehicle and trailer where the tractor vehicle is in category D but the combination does not fall within that category.	B+E
D1+E	A sub-category of category D+E comprising combinations of a motor vehicle and trailer where: (a)the tractor vehicle is in sub-category D1, (b)the maximum authorised mass of the trailer exceeds 750 kilograms but not the unladen weight of the tractor vehicle, (c)the maximum authorised mass of the combination does not exceed 12 tonnes, and (d)the trailer is not used for the carriage of passengers.	B+E
F	Agricultural or forestry tractors, including any such vehicle drawing a trailer but excluding any motor vehicle included in category H.	K
G	Road rollers.	None
H	Track-laying vehicles steered by their tracks.	None
K	Mowing machines which do not fall within category A and vehicles controlled by a pedestrian.	None
P	Mopeds.	None

PART 2 E+W+S

(1) Sub-category	(2) Classes of vehicle included	(3) Additional categories and sub-categories
C1+E (8.25 tonnes)	[F206 A sub-category of category C+E comprising combinations of a motor vehicle and trailer in sub-category C1+E where: (a) the maximum authorised mass of the trailer exceeds 750 kilograms and may exceed the unladen weight of the tractor vehicle, and (b) the maximum authorised mass of the combination does not exceed 8.25 tonnes.]	None
D1 (not for hire or reward)	A sub-category of category D comprising motor vehicles in sub-category D1 driven otherwise than for hire or reward.	None
D1+E (not for hire or reward)	[F207 A sub-category of category D+E comprising motor vehicles in sub-category D1+E where: (a) the motor vehicles are driven otherwise than for hire or reward, and (b) the maximum authorised mass of the trailer exceeds 750 kilograms and may exceed the unladen weight of the tractor vehicle.]	None
L	Motor vehicles propelled by electrical power.	None

Textual Amendments

F206 Words in Sch. 2 Pt. 2 substituted (1.11.2005) by The Motor Vehicles (Driving Licences) (Amendment) (No 2) Regulations 2005 (S.I. 2005/2717), regs. 1, 10(a)

F207 Words in Sch. 2 Pt. 2 substituted (1.11.2005) by The Motor Vehicles (Driving Licences) (Amendment) (No 2) Regulations 2005 (S.I. 2005/2717), regs. 1, 10(b)

PART 3 E+W+S

(1) Sub-category	(2) Classes of vehicle included	(3) Additional categories and sub-categories
B1 (invalid carriages)	A sub-category of category B comprising motor vehicles which are invalid carriages.	None

Regulation 14

[F208 SCHEDULE 3 E+W+S LICENCE FEES

Textual Amendments

F208 Sch. 3 substituted (1.3.2004) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2004 (S.I. 2004/265), reg. 1, Sch.

[F209 PART 1 E+W+S

Textual Amendments

F209 Sch. 3 Pt. 1 substituted (1.4.2008) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2008 (S.I. 2008/508), regs. 1, 10, Sch. 1

TABLE OF FEES APPLYING ON OR AFTER 1ST APRIL 2008

No.	Description of licence and circumstances of application	Fee payable
1	A first licence	£50
2	A provisional licence granted following the revocation of a licence under the Road Traffic (New Drivers) Act 1995	£50
3	A photocard licence granted in exchange for a licence not in the form of a photocard licence which is still in force excluding a licence falling within any other paragraph in this Table	£17.50
4	A licence granted in exchange for a licence still in force or in place of a licence which has been revoked or a Community licence which is required to be delivered to the Secretary of State, except— (a) a licence granted pursuant to section 117A(2)(c) or (3) or 118(4) of the Traffic Act, (b) a licence granted following the revocation of a licence under section 93(1) of the Traffic Act or the delivery of a Community licence to the Secretary of State under section 99C(1) or (3) of the Traffic Act, (c) a licence which the Secretary of State is required to grant free of charge under section 93(2), 99(7) or 99C(2) of the Traffic Act, (d) a licence granted to reflect additional driving entitlement of the licence holder not shown by the licence submitted in exchange, or (e) a licence falling within any other paragraph in this Table	£17.50
5	A licence granted by way of replacement of a lost or defaced licence	£17.50
6	A licence granted upon the expiry of a period of disqualification imposed by a court under section 34 or 35 of the Offenders Act—
	(a) where the circumstances prescribed under section 94(4) of the Traffic Act apply, or	£90
	(b) otherwise than where those circumstances apply,	£65
	and in this paragraph the reference to a period of disqualification imposed by a court under section 34 of the Offenders Act includes a period of disqualification reduced by an order of the court under section 34A of that Act
7	A provisional licence, other than a first licence, granted following disqualification ordered by a court under section 36 of the Offenders Act, whether or not the court also made an order under section 34 or 35 of that Act—
	(a) where the circumstances prescribed under section 94(4) of the Traffic Act apply, or	£90
	(b) otherwise than where those circumstances apply	£65
8	A provisional Group 2 licence granted to a person who, by virtue of an order under section 117(2)(b) or 117A(2)(b) of the Traffic Act, is disqualified from holding or obtaining a full licence until he passes the prescribed test of competence	£65
9	A licence granted following disqualification ordered by a court under section 39A of the Child Support Act 1991	£65
10	A licence granted following disqualification ordered by a court under section 40 of the Crime (Sentences) Act 1997	£65
11	A licence granted following disqualification ordered by a court under section 146 or 147 of the Power of Criminal Courts (Sentencing) Act 2000	£65
[F210 12]	[F211 A photocard licence granted in exchange for a photocard licence which has been surrendered in pursuance of section 99(2A) of the Traffic Act]	[F212 £17.50]]

Textual Amendments

F210 Word in Sch. 3 Pt. 1 Table inserted (16.5.2008) by The Motor Vehicles (Driving Licences) (Amendment No. 3) Regulations 2008 (S.I. 2008/1312), regs. 1, 4(a)

F211 Words in Sch. 3 Pt. 1 Table inserted (16.5.2008) by The Motor Vehicles (Driving Licences) (Amendment No. 3) Regulations 2008 (S.I. 2008/1312), regs. 1, 4(b)

F212 Word in Sch. 3 Pt. 1 Table inserted (16.5.2008) by The Motor Vehicles (Driving Licences) (Amendment No. 3) Regulations 2008 (S.I. 2008/1312), regs. 1, 4(c)

PART 2 E+W+S INTERPRETATION

In Part 1 of this Schedule—

“first licence” means a licence (other than a licence granted in exchange for a full Northern Ireland licence or to a person who has held a full Northern Ireland licence which was granted on or after 1st January 1976 or in exchange for a Community licence which is required to be delivered to the Secretary of State) granted to a person—

(a)

who has not held a licence before, or

(b)

whose last licence was a full licence which expired before 31st December 1978, or

(c)

whose last licence was a provisional licence which was granted before 1st October 1982.]

Regulation 16

SCHEDULE 4 E+W+S DISTINGUISHING MARKS TO BE DISPLAYED ON A MOTOR VEHICLE BEING DRIVEN UNDER A PROVISIONAL LICENCE

PART 1 E+W+S Diagram of distinguishing mark to be displayed on a motor vehicle in England, Wales or Scotland.

Red letter on white ground.

The corners of the ground can be rounded off.

PART 2 E+W+S Diagram of optional distinguishing mark to be displayed on a motor vehicle in Wales if a mark in the form set out in Part 1 is not displayed.

Red letter on white ground.

The corners of the ground can be rounded off.

Regulation 35

[F213 SCHEDULE 5 E+W+S

Textual Amendments

F213 Sch. 5 substituted (1.4.2008) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2008 (S.I. 2008/508), regs. 1, 11, Sch. 2

PART 1 E+W+S

Fees for tests where the application is made on or after 1st April 2008 (and, for sub-category A1, category A and category P vehicles only, where the test is to be conducted on or before 28th September 2008)

(1) Category or sub-category of vehicle	(2) Test, other than extended driving test, commencing:		(3) Extended driving test commencing:
	(a) During normal hours	(b) Out of hours	(a) During normal hours	(b) Out of hours
1. A1, A and P	£60.00	£70.00	£120.00	£140.00
2. B1, B, F, G, H and K	£56.50	£67.00	£113.00	£134.00
3. B+E, C1, C1+E, D1, D1+E, C, C+E, D and D+E	£105.00	£125.00	-	-

PART 2 E+W+S

Fees for sub-category A1, category A and category P tests where the test is to be conducted on or after 29^th September 2008

(1) Category or sub-category of vehicle	(2) Test, other than extended driving test, commencing:		(3) Extended driving test commencing:
	(a) During normal hours	(b) Out of hours	(a) During normal hours	(b) Out of hours
A1, A and P	£80.00	£92.00	£160.00	£184.00]

Regulation 38

F214 SCHEDULE 6 E+W+S EVIDENCE OF IDENTITY OF TEST CANDIDATES

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F214 Sch. 6 omitted (1.11.2005) by virtue of The Motor Vehicles (Driving Licences) (Amendment) (No 2) Regulations 2005 (S.I. 2005/2717), regs. 1, 11

[F215 Regulation 40C]

SCHEDULE 7 E+W+S SPECIFIED MATTERS FOR THEORY TEST

Textual Amendments

F215 Words in Sch. 7 substituted (7.7.2008) by The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2008 (S.I. 2008/1435), regs. 1(1), 19 (with reg. 22)

PART I E+W+S CATEGORIES A AND P

[F216 The specified matters are set out in sections A to G. The person conducting the test shall examine candidates on the subject matter of all those sections.

Textual Amendments

F216 Sch. 7 Pt. I substituted (1.7.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(b), 5(1), Sch. 1 Pt. 1 (with reg. 6)

A. Road traffic regulations E+W+S

Road traffic regulations including in particular road signs, road markings, signals, rights of way and speed limits.

Textual Amendments

F216 Sch. 7 Pt. I substituted (1.7.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(b), 5(1), Sch. 1 Pt. 1 (with reg. 6)

B. The driver E+W+S

1.   The importance of alertness and attitudes to other road users.

Textual Amendments

F216 Sch. 7 Pt. I substituted (1.7.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(b), 5(1), Sch. 1 Pt. 1 (with reg. 6)

2.   Perception, judgement and decision-making, including especially reaction time and changes in driver behaviour due to the influence of alcohol, drugs and medicinal products, state of mind and fatigue.

Textual Amendments

F216 Sch. 7 Pt. I substituted (1.7.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(b), 5(1), Sch. 1 Pt. 1 (with reg. 6)

C. The road E+W+S

1.   The most important principles concerning the observance of safe distance between vehicles, braking distances and roadholding under various weather and road conditions.

Textual Amendments

F216 Sch. 7 Pt. I substituted (1.7.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(b), 5(1), Sch. 1 Pt. 1 (with reg. 6)

2.   Driving risk factors related to various road conditions, with particular reference to conditions as they change with the weather and the time of day or night and to slippery parts such as drain covers, road markings and tram rails.

Textual Amendments

F216 Sch. 7 Pt. I substituted (1.7.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(b), 5(1), Sch. 1 Pt. 1 (with reg. 6)

3.   Characteristics of various types of road and the related statutory requirements.

Textual Amendments

F216 Sch. 7 Pt. I substituted (1.7.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(b), 5(1), Sch. 1 Pt. 1 (with reg. 6)

D. Other road users E+W+S

1.   Specific risk factors related to the lack of experience of other road users and the most vulnerable categories of user such as children, pedestrians, cyclists and people whose mobility is reduced.

Textual Amendments

F216 Sch. 7 Pt. I substituted (1.7.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(b), 5(1), Sch. 1 Pt. 1 (with reg. 6)

2.   Risks involved in the movement and driving of various types of vehicle and of the different fields of view of their drivers.

Textual Amendments

F216 Sch. 7 Pt. I substituted (1.7.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(b), 5(1), Sch. 1 Pt. 1 (with reg. 6)

3.   The visibility of motor cycle riders to other road users.

Textual Amendments

F216 Sch. 7 Pt. I substituted (1.7.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(b), 5(1), Sch. 1 Pt. 1 (with reg. 6)

E. General rules and regulations and other matters E+W+S

1.   Rules concerning the administrative documents required for the use of vehicles.

Textual Amendments

F216 Sch. 7 Pt. I substituted (1.7.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(b), 5(1), Sch. 1 Pt. 1 (with reg. 6)

2.   General rules specifying how the driver must behave in the event of an accident (setting warning devices and raising the alarm) and the measures which he can take to assist road accident victims where necessary.

Textual Amendments

F216 Sch. 7 Pt. I substituted (1.7.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(b), 5(1), Sch. 1 Pt. 1 (with reg. 6)

3.   Safety factors relating to the vehicle, its load and persons carried.

Textual Amendments

F216 Sch. 7 Pt. I substituted (1.7.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(b), 5(1), Sch. 1 Pt. 1 (with reg. 6)

F. Road and vehicle safety E+W+S

1.   Mechanical aspects of the vehicle with a bearing on road safety, i.e. detection of the most common faults (in particular in the steering, suspension and braking systems, tyres, lights and direction indicators), reflectors, rear-view mirrors, the exhaust system, the emergency stop switch, oil levels, the chain and audible warning devices.

Textual Amendments

F216 Sch. 7 Pt. I substituted (1.7.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(b), 5(1), Sch. 1 Pt. 1 (with reg. 6)

2.   The use of protective outfits such as gloves, boots and safety helmets.

Textual Amendments

F216 Sch. 7 Pt. I substituted (1.7.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(b), 5(1), Sch. 1 Pt. 1 (with reg. 6)

3.   Precautions necessary when alighting from the vehicle.

Textual Amendments

F216 Sch. 7 Pt. I substituted (1.7.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(b), 5(1), Sch. 1 Pt. 1 (with reg. 6)

G. Environmental matters E+W+S

Rules regarding vehicle use in relation to the environment, including the appropriate use of audible warning devices, moderate fuel consumption, limitation of pollutant emissions and matters of a similar nature.]

Textual Amendments

F216 Sch. 7 Pt. I substituted (1.7.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(b), 5(1), Sch. 1 Pt. 1 (with reg. 6)

[F217 PART 2 E+W+S CATEGORY B

Textual Amendments

F217 Sch. 7 Pt. 2 substituted (1.7.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(b), 5(1), Sch. 1 Pt. 2 (with reg. 6)

The specified matters are set out in sections A to G. The person conducting the test shall examine candidates on the subject matter of all those sections.

A. Road traffic regulations E+W+S

Road traffic regulations including in particular road signs, road markings, signals, rights of way and speed limits.

B. The driver E+W+S

1.   The importance of alertness and attitudes to other road users.

2.   Perception, judgement and decision-making, including especially reaction time and changes in driver behaviour due to the influence of alcohol, drugs and medicinal products, state of mind and fatigue.

C. The road E+W+S

1.   The most important principles concerning the observance of safe distance between vehicles, braking distances and roadholding under various weather and road conditions.

2.   Driving risk factors related to various road conditions, in particular as they change with the weather and the time of day or night.

3.   Characteristics of various types of road and the related statutory requirements.

D. Other road users E+W+S

1.   Specific risk factors related to the lack of experience of other road users and the most vulnerable categories of user such as children, pedestrians, cyclists and people whose mobility is reduced.

2.   Risks involved in the movement and driving of various types of vehicle and of the different fields of view of their drivers.

E. General rules and regulations and other matters E+W+S

1.   Rules concerning the administrative documents required for the use of vehicles.

2.   General rules specifying how the driver must behave in the event of an accident (setting warning devices and raising the alarm) and the measures which he can take to assist road accident victims where necessary.

3.   Safety factors relating to the vehicle, its load and persons carried.

F. Road and vehicle safety E+W+S

1.   Mechanical aspects of the vehicle with a bearing on road safety, i.e. detection of the most common faults (in particular in the steering, suspension and brake systems, tyres, lights and direction indicators), reflectors, rear-view mirrors, windscreen and wipers, the exhaust system, seat-belts and audible warning devices.

2.   Vehicle safety equipment including, in particular, the use of seat-belts, head restraints and child safety equipment.

3.   Precautions necessary when alighting from the vehicle.

G. Environmental matters E+W+S

Rules regarding vehicle use in relation to the environment, including the appropriate use of audible warning devices, moderate fuel consumption, limitation of pollutant emissions and matters of a similar nature.]

PART 3 E+W+S CATEGORY C

[F218 The specified matters are set out in sections A to H. The person conducting the test shall examine the candidate on the subject matter of all those sections.

Textual Amendments

F218 Sch. 7 Pt. 3 substituted (1.4.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(a), 5(2), Sch. 2 Pt. 1 (with reg. 6)

A. Road traffic regulations E+W+S

Road traffic regulations including road signs, road markings, signals, rights of way and speed limits.

Textual Amendments

F218 Sch. 7 Pt. 3 substituted (1.4.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(a), 5(2), Sch. 2 Pt. 1 (with reg. 6)

B. The driver E+W+S

1.

The importance of alertness and attitudes to other road users.

2.

Perception, judgement and decision-making, including especially reaction time and changes in driver behaviour due to the influence of alcohol, drugs and medicinal products, state of mind and fatigue.

Textual Amendments

F218 Sch. 7 Pt. 3 substituted (1.4.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(a), 5(2), Sch. 2 Pt. 1 (with reg. 6)

C. The road E+W+S

1.

The most important principles concerning the observance of safe distance between vehicles, braking distances and roadholding under various weather and road conditions.

2.

Driving risk factors related to various road conditions as they change with the weather and the time of day or night.

3.

Characteristics of various types of road and the related statutory requirements.

Textual Amendments

F218 Sch. 7 Pt. 3 substituted (1.4.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(a), 5(2), Sch. 2 Pt. 1 (with reg. 6)

D. Other road users E+W+S

1.

Specific risk factors related to the lack of experience of other road users and the most vulnerable categories of user such as children, pedestrians, cyclists and people whose mobility is reduced.

2.

Risks involved in the movement and driving of various types of vehicle and of the different fields of view of their drivers.

Textual Amendments

F218 Sch. 7 Pt. 3 substituted (1.4.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(a), 5(2), Sch. 2 Pt. 1 (with reg. 6)

E. General rules and regulations and other matters E+W+S

1.

Rules concerning the administrative documents required for the use of vehicles.

2.

Rules of behaviour in the event of an accident, measures to be taken after an accident or similar occurrence, including emergency action and a basic knowledge of first aid.

3.

Rules on vehicle weights and dimensions and speed limiters.

4.

Rules on driving hours and rest periods as defined in Council Regulation 3820/85 (EEC) and the use of recording equipment as defined in Council Regulation 3821/85 (EEC).

5.

Vehicle and transport documents required for the national and international carriage of goods.

6.

The driver’s responsibility in respect of the receipt, carriage and delivery of goods in accordance with the agreed conditions.

Textual Amendments

F218 Sch. 7 Pt. 3 substituted (1.4.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(a), 5(2), Sch. 2 Pt. 1 (with reg. 6)

F. Road and vehicle safety E+W+S

1.

Mechanical aspects of the vehicle with a bearing on road safety, i.e. detection of the most common faults, in particular in the steering, suspension and brake systems, tyres, lights and direction indicators, reflectors, rear-view mirrors, audible warning devices, windscreen and wipers, the exhaust system and seat-belts.

2.

Vehicle safety equipment, including in particular the use of seat-belts and head restraints.

3.

Precautions necessary when alighting from the vehicle.

4.

Safety factors relating to loading, including in particular control of the load (stowing and fastening), difficulties with different kinds of load (such as liquids and hanging loads), the loading and unloading of goods and the use of loading equipment.

5.

Precautions to be taken during the removal and replacement of wheels.

Textual Amendments

F218 Sch. 7 Pt. 3 substituted (1.4.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(a), 5(2), Sch. 2 Pt. 1 (with reg. 6)

G. Vehicle construction and maintenance E+W+S

1.

The principles of the construction and functioning of internal combustion engines, fluids (such as engine oil, coolant and washer fluid), the fuel system, the electrical system, the ignition system and the transmission system.

2.

Lubrication and antifreeze protection.

3.

The principles of the construction, fitting, care and correct use of tyres.

4.

Principles of the types, operation, main parts, connection, use and day-to-day maintenance of braking systems and speed governors and the use of anti-lock brakes.

5.

The principles of the types, operation, main parts, connection, use and day-to-day maintenance of coupling systems.

6.

Methods of locating the cause of breakdowns.

7.

Preventive maintenance and necessary running repairs.

Textual Amendments

F218 Sch. 7 Pt. 3 substituted (1.4.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(a), 5(2), Sch. 2 Pt. 1 (with reg. 6)

H. Environmental matters E+W+S

Rules regarding vehicle use in relation to the environment, including the appropriate use of audible warning devices, moderate fuel consumption, limitation of pollutant emissions and matters of a similar nature.]

Textual Amendments

F218 Sch. 7 Pt. 3 substituted (1.4.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(a), 5(2), Sch. 2 Pt. 1 (with reg. 6)

PART 4 E+W+S CATEGORY D

[F219 The specified matters are set out in sections A to H. The person conducting the test shall examine the candidate on the subject matter of all those sections.

Textual Amendments

F219 Sch. 7 Pt. 4 substituted (1.4.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(a), 5(2), Sch. 2 Pt. 2 (with reg. 6)

A. Road traffic regulations E+W+S

Road traffic regulations including road signs, road markings, signals, rights of way and speed limits.

Textual Amendments

F219 Sch. 7 Pt. 4 substituted (1.4.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(a), 5(2), Sch. 2 Pt. 2 (with reg. 6)

B. The driver E+W+S

1.   The importance of alertness and attitudes to other road users.

Textual Amendments

F219 Sch. 7 Pt. 4 substituted (1.4.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(a), 5(2), Sch. 2 Pt. 2 (with reg. 6)

2.   Perception, judgement and decision-making, including especially reaction time and changes in driver behaviour due to the influence of alcohol, drugs and medicinal products, state of mind and fatigue.

Textual Amendments

F219 Sch. 7 Pt. 4 substituted (1.4.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(a), 5(2), Sch. 2 Pt. 2 (with reg. 6)

C. The road E+W+S

1.   The most important principles concerning the observance of safe distance between vehicles, braking distances and roadholding under various weather and road conditions.

Textual Amendments

F219 Sch. 7 Pt. 4 substituted (1.4.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(a), 5(2), Sch. 2 Pt. 2 (with reg. 6)

2.   Driving risk factors related to various road conditions as they change with the weather and the time of day or night.

Textual Amendments

F219 Sch. 7 Pt. 4 substituted (1.4.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(a), 5(2), Sch. 2 Pt. 2 (with reg. 6)

3.   Characteristics of various types of road and the related statutory requirements.

Textual Amendments

F219 Sch. 7 Pt. 4 substituted (1.4.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(a), 5(2), Sch. 2 Pt. 2 (with reg. 6)

D. Other road users E+W+S

1.   Specific risk factors related to the lack of experience of other road users and the most vulnerable categories of user such as children, pedestrians, cyclists and people whose mobility is reduced.

Textual Amendments

F219 Sch. 7 Pt. 4 substituted (1.4.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(a), 5(2), Sch. 2 Pt. 2 (with reg. 6)

2.   Risks involved in the movement and driving of various types of vehicle and of the different fields of view of their drivers.

Textual Amendments

F219 Sch. 7 Pt. 4 substituted (1.4.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(a), 5(2), Sch. 2 Pt. 2 (with reg. 6)

E. General rules and regulations and other matters E+W+S

1.   Rules concerning the administrative documents required for the use of vehicles.

Textual Amendments

F219 Sch. 7 Pt. 4 substituted (1.4.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(a), 5(2), Sch. 2 Pt. 2 (with reg. 6)

2.   Rules of behaviour in the event of an accident, measures to be taken after an accident or similar occurrence, including the evacuation of passengers and other emergency action and a basic knowledge of first aid.

Textual Amendments

F219 Sch. 7 Pt. 4 substituted (1.4.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(a), 5(2), Sch. 2 Pt. 2 (with reg. 6)

3.   Rules on vehicle weights and dimensions and speed limiters.

Textual Amendments

F219 Sch. 7 Pt. 4 substituted (1.4.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(a), 5(2), Sch. 2 Pt. 2 (with reg. 6)

4.   Rules on driving hours and rest periods as defined in Council Regulation 3820/85 (EEC) and the use of recording equipment as defined in Council Regulation 3821/85 (EEC).

Textual Amendments

F219 Sch. 7 Pt. 4 substituted (1.4.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(a), 5(2), Sch. 2 Pt. 2 (with reg. 6)

5.   Vehicle and transport documents required for the national and international carriage of passengers.

Textual Amendments

F219 Sch. 7 Pt. 4 substituted (1.4.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(a), 5(2), Sch. 2 Pt. 2 (with reg. 6)

F. Road and vehicle safety E+W+S

1.   Mechanical aspects of the vehicle with a bearing on road safety, i.e. detection of the most common faults, in particular in the steering, suspension and brake systems, tyres, lights and direction indicators, reflectors, rear-view mirrors, audible warning devices, windscreen and wipers, the exhaust system and seat-belts.

Textual Amendments

F219 Sch. 7 Pt. 4 substituted (1.4.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(a), 5(2), Sch. 2 Pt. 2 (with reg. 6)

2.   Vehicle safety equipment, including in particular the use of seat-belts and head restraints.

Textual Amendments

F219 Sch. 7 Pt. 4 substituted (1.4.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(a), 5(2), Sch. 2 Pt. 2 (with reg. 6)

3.   Precautions necessary when alighting from the vehicle.

Textual Amendments

F219 Sch. 7 Pt. 4 substituted (1.4.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(a), 5(2), Sch. 2 Pt. 2 (with reg. 6)

4.   The driver’s responsibility in respect of the carriage of passengers, the comfort and safety of passengers, the transport of children, necessary checks before driving away, this item to cover all types of passenger-carrying vehicle (coaches, service buses, vehicles with special dimensions and so on).

Textual Amendments

F219 Sch. 7 Pt. 4 substituted (1.4.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(a), 5(2), Sch. 2 Pt. 2 (with reg. 6)

5.   Precautions to be taken during the removal and replacement of wheels.

Textual Amendments

F219 Sch. 7 Pt. 4 substituted (1.4.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(a), 5(2), Sch. 2 Pt. 2 (with reg. 6)

G. Vehicle construction and maintenance E+W+S

1.   The principles of the construction and functioning of internal combustion engines, fluids (such as engine oil, coolant and washer fluid), the fuel system, the electrical system, the ignition system and the transmission system.

Textual Amendments

F219 Sch. 7 Pt. 4 substituted (1.4.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(a), 5(2), Sch. 2 Pt. 2 (with reg. 6)

2.   Lubrication and antifreeze protection.

Textual Amendments

F219 Sch. 7 Pt. 4 substituted (1.4.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(a), 5(2), Sch. 2 Pt. 2 (with reg. 6)

3.   Principles of the types, operation, main parts, connection, use and day-to-day maintenance of braking systems and speed governors and the use of anti-lock brakes.

Textual Amendments

F219 Sch. 7 Pt. 4 substituted (1.4.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(a), 5(2), Sch. 2 Pt. 2 (with reg. 6)

4.   The principles of the construction, fitting, care and correct use of tyres.

Textual Amendments

F219 Sch. 7 Pt. 4 substituted (1.4.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(a), 5(2), Sch. 2 Pt. 2 (with reg. 6)

5.   The principles of the types, operation, main parts, connection, use and day-to-day maintenance of coupling systems.

Textual Amendments

F219 Sch. 7 Pt. 4 substituted (1.4.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(a), 5(2), Sch. 2 Pt. 2 (with reg. 6)

6.   Methods of locating the cause of breakdowns.

Textual Amendments

F219 Sch. 7 Pt. 4 substituted (1.4.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(a), 5(2), Sch. 2 Pt. 2 (with reg. 6)

7.   Preventive maintenance and necessary running repairs.

Textual Amendments

F219 Sch. 7 Pt. 4 substituted (1.4.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(a), 5(2), Sch. 2 Pt. 2 (with reg. 6)

H. Environmental matters E+W+S

Rules regarding vehicle use in relation to the environment, including the appropriate use of audible warning devices, moderate fuel consumption, limitation of pollutant emissions and matters of a similar nature.]

Textual Amendments

F219 Sch. 7 Pt. 4 substituted (1.4.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(a), 5(2), Sch. 2 Pt. 2 (with reg. 6)

Regulation 40

SCHEDULE 8 E+W+S SPECIFIED REQUIREMENTS FOR PRACTICAL OR UNITARY TEST

[F220 PART 1 E+W+S Practical Test: Categories A and P

Textual Amendments

F220 Sch. 8 substituted (1.9.2003) by The Motor Vehicles (Driving Licences) (Amendment)(No. 4) Regulations 2003 (S.I. 2003/2003), regs. 1(1)(a), 7, Sch.

Each test candidate must satisfy the person conducting the test as to—

(a) his ability to—

(i) carry out properly the activities, and

(ii) perform competently, without danger to and with due consideration for other road users, the manoeuvres

specified in sections A to F below in all respects in accordance with those sections; and

(b) his understanding of how to balance safely with a passenger.

A. Eyesight E+W+S

Either—

• read in good daylight (with the aid of corrective lenses if worn) a registration mark fixed to a motor vehicle and containing letters and figures 79 millimetres high and 57 millimetres wide at a distance of 20.5 metres, or

• read in good daylight (with the aid of corrective lenses if worn) a registration mark fixed to a motor vehicle and containing letters and figures 79 millimetres high and 50 millimetres wide at a distance of 20 metres.

B. Vehicle safety checks E+W+S

 

(a) Describe how to perform a check on the condition and safety of one component of the vehicle, chosen at [F221 the discretion of the person conducting the test], from the list of components specified in paragraph (b) below, and demonstrate an actual check on the condition and safety of a second part, similarly chosen from the list.

(b) The components are: tyres, brakes, steering, emergency stop switch (if fitted to the vehicle), chain, oil levels, lights, reflectors, direction indicators and audible warning device.

Textual Amendments

F221 Words in Sch. 8 substituted (12.1.2004) by The Motor Vehicles (Driving Licences) (Amendment) (No. 5) Regulations 2003 (S.I. 2003/3313), regs. 1(1), 2

C. Preparation to drive E+W+S

1.   Adjust rear view mirrors.

2.   Adjust crash helmet.

D. Technical control of the vehicle E+W+S

1.   Start the engine and move off smoothly (uphill and downhill as well as on the flat).

2.   Accelerate to a suitable speed while maintaining a straight course, including during gear-changes.

3.   Adjust speed to negotiate left or right turns at junctions, possibly in restricted spaces, while maintaining control of the vehicle.

4.   Lean over to turn.

5.   Keep balance at various speeds.

F222 6.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F222 Sch. 8 Pt. I section D para. 6 omitted (29.9.2008) by virtue of The Motor Vehicles (Driving Licences) (Amendment) Regulations 2008 (S.I. 2008/508), regs. 1, 12(a)

7.   Park the vehicle on its stand.

8.   Remove motor bicycle from its stand and move it, without the aid of the engine, by walking alongside it.

9.   Cause the vehicle to face in the opposite direction by driving it forward (a “U-turn”).

[F223 10.   Execute a slalom manoeuvre at slow speed.

Textual Amendments

F223 Sch. 8 Pt. 1 section D paras. 10-15 inserted (29.9.2008) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2008 (S.I. 2008/508), regs. 1, 12(b)

11.   Execute a figure of eight manoeuvre at slow speed.

Textual Amendments

F223 Sch. 8 Pt. 1 section D paras. 10-15 inserted (29.9.2008) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2008 (S.I. 2008/508), regs. 1, 12(b)

12.   Drive the vehicle at a steady walking pace, as if in slow moving traffic, making correct use of the vehicle to maintain a good level of balance.

Textual Amendments

F223 Sch. 8 Pt. 1 section D paras. 10-15 inserted (29.9.2008) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2008 (S.I. 2008/508), regs. 1, 12(b)

13.   Execute a manoeuvre avoiding an obstacle whilst driving the vehicle at a speed of no less than -

(a) 31.25 miles per hour, in the case of a vehicle in category A; or

(b) 18.75 miles per hour, in the case of a vehicle in category P.

Textual Amendments

F223 Sch. 8 Pt. 1 section D paras. 10-15 inserted (29.9.2008) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2008 (S.I. 2008/508), regs. 1, 12(b)

14.   Execute a further manoeuvre whilst driving the vehicle in second or third gear and at a speed of no less than 18.75 miles per hour.

Textual Amendments

F223 Sch. 8 Pt. 1 section D paras. 10-15 inserted (29.9.2008) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2008 (S.I. 2008/508), regs. 1, 12(b)

15.   Execute two braking exercises, one of which must be an emergency stop, whilst driving the vehicle at a speed of no less than -

(a) 31.25 miles per hour, in the case of a vehicle in category A; or

(b) 18.75 miles per hour, in the case of a vehicle in category P.]

Textual Amendments

F223 Sch. 8 Pt. 1 section D paras. 10-15 inserted (29.9.2008) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2008 (S.I. 2008/508), regs. 1, 12(b)

E. Behaviour in traffic E+W+S

1.   Observe (including the use of the rear view mirrors) road alignment, markings, signs and potential or actual risks.

2.   Communicate with other road users using the authorised means.

3.   React appropriately in actual risk situations.

4.   Comply with road traffic regulations and the instructions of the police and traffic controllers.

5.   Move off from the kerb or a parking space.

6.   Drive with the vehicle correctly positioned on the road, adjusting speed to traffic conditions and the line of the road.

7.   Keep the right distance between vehicles.

8.   Change lanes.

9.   Pass parked or stationary vehicles and obstacles.

10.   Approach and cross junctions.

11.   Turn right and left at junctions or to leave the carriageway.

12.   Where the opportunity arises—

(a) Pass oncoming vehicles, including in confined spaces.

(b) Overtake in various situations.

(c) Approach and cross level-crossings.

(d) Drive in road tunnels.

Alighting from vehicle E+W+S

F.   Take all precautions necessary when alighting.

PART 2 E+W+S Practical Test: Categories B and B+E

 

(1) Each test candidate must, subject to paragraphs (2) and (3), satisfy the person conducting the test as to his ability to—

(i) carry out properly the activities, and

(ii) perform competently, without danger to and with due consideration for other road users, the manoeuvres

specified in sections A to F below in all respects in accordance with those sections.

(2) Any requirement contained in those paragraphs shall, in the case of a test for a licence authorising the driving a motor vehicle in sub-category B1, only be complied with to the extent that it is compatible with the characteristics of the vehicle on which the test is taken.

(3) A test candidate undertaking a test for a licence authorising the driving of a vehicle included in category B+E must in addition satisfy the person conducting the test as to his ability to carry out properly the activities specified in section G but in the case of a disabled driver, the requirements to uncouple and re-couple the tractor vehicle and trailer are met by the driver describing under oral questioning how these activities should be performed.

A. Eyesight E+W+S

Either—

• read in good daylight (with the aid of corrective lenses if worn) a registration mark fixed to a motor vehicle and containing letters and figures 79 millimetres high and 57 millimetres wide at a distance of 20.5 metres, or

• read in good daylight (with the aid of corrective lenses if worn) a registration mark fixed to a motor vehicle and containing letters and figures 79 millimetres high and 50 millimetres wide at a distance of 20 metres.

B. Vehicle Safety Checks E+W+S

1.   In the case of a test for a licence authorising the driving of vehicles in category B only, describe how to perform a check on the condition and safety of one component of the vehicle, chosen at [F221 the discretion of the person conducting the test], from the list of components specified in paragraph 3 below, and demonstrate an actual check on the condition of a second component, similarly chosen from the list.

Textual Amendments

F221 Words in Sch. 8 substituted (12.1.2004) by The Motor Vehicles (Driving Licences) (Amendment) (No. 5) Regulations 2003 (S.I. 2003/3313), regs. 1(1), 2

2.   In the case of a test for a licence authorising the driving of vehicles in category B + E only, on 5 occasions demonstrate (or at [F221 the discretion of the person conducting the test] describe how to perform) a check on, at [F221 the discretion of the person conducting the test], either—

(a) the condition and safety of a component of the vehicle or trailer (as relevant) specified in paragraph 3; or

(b) the condition and safety of one of the following; the body of the trailer, any sheeting used in respect of a load on the trailer, a load itself, anything intended to secure such a load, the trailer’s cabin locking (if any), or its cargo doors (if any); or

(c) the condition and safety of the trailer coupling mechanism or its brake and electrical connections.

Textual Amendments

F221 Words in Sch. 8 substituted (12.1.2004) by The Motor Vehicles (Driving Licences) (Amendment) (No. 5) Regulations 2003 (S.I. 2003/3313), regs. 1(1), 2

3.   The components are: tyres, steering, brakes, lights, reflectors, direction indicators, audible warning device, and the liquids used in the braking system, steering system, engine or elsewhere in the vehicle as a coolant, lubricant, cleaner or otherwise.

C. Preparation to drive E+W+S

1.   Adjust the seat as necessary to obtain a correct seating position.

2.   Adjust rear view mirrors, head restraint and seat belt.

3.   Check that the doors are closed.

D. Technical control of the vehicle E+W+S

1.   Start the engine and move off smoothly (uphill and downhill as well as on the flat).

2.   Accelerate to a suitable speed while maintaining a straight course, including during gear-changes.

3.   Adjust speed to negotiate left or right turns at junctions, possibly in restricted spaces, while maintaining control of the vehicle.

4.   Brake accurately to stop where directed, if need be by performing an emergency stop.

5.   Either—

(a) perform any two of the following manoeuvres—

(i) reverse in a straight line and reverse right or left round a corner while keeping within the correct traffic lane;

(ii) turn the vehicle to face the opposite way, using forward and reverse gears;

(iii) park the vehicle and leave a parking space (parallel, oblique or right-angle) both forwards and in reverse, on the flat, uphill and downhill; or

(b) (in the case of a test for a licence authorising the driving of vehicles in category B+E only) reverse in an S-shaped curve.

E. Behaviour in traffic E+W+S

1.   Observe (including the use of the rear view mirrors) road alignment, markings, signs and potential or actual risks.

2.   Communicate with other road users using the authorised means.

3.   React appropriately in actual risk situations.

4.   Comply with road traffic regulations and the instructions of the police and traffic controllers.

5.   Move off from the kerb or a parking space.

6.   Drive with the vehicle correctly positioned on the road, adjusting speed to traffic conditions and the line of the road.

7.   Keep the right distance between vehicles.

8.   Change lanes.

9.   Pass parked or stationary vehicles and obstacles.

10.   Approach and cross junctions.

11.   Turn right and left at junctions or to leave the carriageway.

12.   Where the opportunity arises—

(a) Pass oncoming vehicles, including in confined spaces.

(b) Overtake in various situations.

(c) Approach and cross level-crossings.

(d) Drive in road tunnels.

F. Alighting from vehicle E+W+S

Take all precautions necessary when alighting.

G. Trailer E+W+S

Uncouple the trailer from the tractor vehicle, then park the tractor vehicle parallel to the trailer, then drive the tractor vehicle from the parked position to in front of the tractor vehicle so that the tractor vehicle and trailer can be easily coupled, and finally re-couple the tractor vehicle and trailer.

PART 3 E+W+S Practical Test: Categories C and C+E

 

(1) Each test candidate must satisfy the person conducting the test as to his ability to—

(i) carry out properly the activities, and

(ii) perform competently, without danger to and with due consideration for other road users, the manoeuvres

prescribed in paragraph (2), (3) or (4), as the case may be, in all respects in accordance with this Part of this Schedule.

(2) In the case of candidates taking a test for a licence authorising the driving of vehicles included in category C or C+E, the manoeuvres and activities mentioned in sections A to D and G below are prescribed.

(3) In the case of candidates taking a test for a licence authorising the driving of vehicles included in category C or C+E (other than a test for a licence authorising the driving of vehicles in sub-category C1 but not outside that sub-category), the manoeuvres and activities mentioned in section E are also prescribed.

(4) In the case of candidates taking a test for a licence authorising the driving of vehicles included in category C+E, the activities mentioned in section F are also prescribed.

A. Vehicle Safety Checks E+W+S

1.   In the case of a test for a licence authorising the driving of vehicles in category C only, on 5 occasions demonstrate (or at [F221 the discretion of the person conducting the test] describe how to perform) a check on, at [F221 the discretion of the person conducting the test], either—

(a) the condition and safety of a component of the vehicle specified in paragraph 3;

(b) the condition and safety of one of the following; the body of the vehicle, any sheeting used in respect of a load on the vehicle, a load itself, anything intended to secure such a load, the vehicle’s cabin locking (if any), or its cargo doors (if any); or

(c) the vehicle’s tachograph or any other part of the dashboard instrument panel.

Textual Amendments

F221 Words in Sch. 8 substituted (12.1.2004) by The Motor Vehicles (Driving Licences) (Amendment) (No. 5) Regulations 2003 (S.I. 2003/3313), regs. 1(1), 2

2.   In the case of a test for a licence authorising the driving of vehicles in category C+E only, demonstrate on one occasion, and describe on a second occasion how to perform, a check (chosen at [F221 the discretion of the person conducting the test]) on the condition and safety of either—

(a) a component of the vehicle or trailer (as relevant) specified in paragraph 3;

(b) one of the following: the body of the trailer, any sheeting used in respect of a load on the trailer, a load itself, anything intended to secure such load, or the trailer’s cargo doors (if any); or

(c) the coupling mechanism or the brake and electrical connection between the tractor vehicle and the trailer.

Textual Amendments

F221 Words in Sch. 8 substituted (12.1.2004) by The Motor Vehicles (Driving Licences) (Amendment) (No. 5) Regulations 2003 (S.I. 2003/3313), regs. 1(1), 2

3.   The components are: tyres, steering, brakes, lights, reflectors, direction indicators, audible warning device, the power-assisted braking and steering systems, wheels, wheelnuts, mudguards, windscreen, windows and wipers, the air pressure in the braking system, air tanks for the braking system, the suspension, and the liquids used in the braking system, steering system, engine or elsewhere in the vehicle as a coolant, lubricant, cleaner or otherwise.

B. Preparation to drive E+W+S

1.   Adjust the seat as necessary to obtain a correct seating position.

2.   Adjust rear view mirrors and seat belt.

3.   Check that the doors are closed.

C. Technical control of the vehicle E+W+S

1.   Start the engine and move off smoothly (uphill and downhill as well as on the flat).

2.   Accelerate to a suitable speed while maintaining a straight course, including during gear-changes.

3.   Adjust speed to negotiate left or right turns at junctions, possibly in restricted spaces, while maintaining control of the vehicle.

4.   Brake accurately to stop where directed, if need be by performing an emergency stop.

5.   Either—

(a) perform any two of the following manoeuvres—

(i) reverse in a straight line and reverse right or left round a corner while keeping within the correct traffic lane;

(ii) turn the vehicle to face the opposite way, using forward and reverse gears;

(iii) park the vehicle and leave a parking space (parallel, oblique or right-angle) both forwards and in reverse, on the flat, uphill and downhill; or

(b) reverse in an S-shaped curve.

6.   Park the vehicle at or by a loading ramp or platform (or equivalent installation) in a position which would enable the safe loading or unloading of the trailer.

D. Behaviour in traffic E+W+S

1.   Observe (including the use of the rear view mirrors) road alignment, markings, signs and potential or actual risks.

2.   Communicate with other road users using the authorised means.

3.   React appropriately in actual risk situations.

4.   Comply with road traffic regulations and the instructions of the police and traffic controllers.

5.   Move off from the kerb or a parking space.

6.   Drive with the vehicle correctly positioned on the road, adjusting speed to traffic conditions and the line of the road.

7.   Keep the right distance between vehicles.

8.   Change lanes.

9.   Pass parked or stationary vehicles and obstacles.

10.   Approach and cross junctions.

11.   Turn right and left at junctions or to leave the carriageway.

12.   Where the opportunity arises—

(a) Pass oncoming vehicles, including in confined spaces.

(b) Overtake in various situations.

(c) Approach and cross level-crossings.

(d) Drive in road tunnels.

E. Larger vehicles: speed reduction and steering E+W+S

1.   Check the power-assisted braking and steering systems.

2.   Use the various braking systems.

3.   Use the speed reduction systems other than the brakes.

4.   Adjust course to allow for the length of the vehicle and its overhang.

F. Trailers E+W+S

Uncouple the trailer from the tractor vehicle, then park the tractor vehicle parallel to the trailer, then drive the tractor vehicle from the parked position to in front of the tractor vehicle so that the tractor vehicle and trailer can be easily coupled, and finally re-couple the tractor vehicle and trailer.

G. Vehicle safety E+W+S

Show awareness of vehicle safety measures and be able to operate vehicle safety systems.

PART 4 E+W+S Practical Test: Categories- D and D+E

 

(1) Each test candidate must satisfy the person conducting the test as to his ability to—

(i) carry out properly the activities, and

(ii) perform competently, without danger to and with due consideration for other road users, the manoeuvres

prescribed in paragraph (2), (3) or (4), as the case may be, in all respects in accordance with this Part of this Schedule.

(2) In the case of candidates taking a test for a licence authorising the driving of vehicles included in category D or D+E, the manoeuvres and activities mentioned in sections A to D and G below are prescribed.

(3) In the case of candidates taking a test for a licence authorising the driving of vehicles included in category D or D+E (other than a test for a licence authorising the driving of vehicles in sub-category D1 but not outside that sub-category), the manoeuvres and activities mentioned in section E are also prescribed.

(4) In the case of candidates taking a test for a licence authorising the driving of vehicles included in category D+E, the activities mentioned in section F are also prescribed.

A. Vehicle safety checks E+W+S

1.   In the case of a test for a licence authorising the driving of vehicles in category D only, on 5 occasions demonstrate (or at [F221 the discretion of the person conducting the test] describe how to perform) a check (chosen at [F221 the discretion of the person conducting the test]) on the condition and safety of either—

(a) a component of the vehicle (chosen at [F221 the discretion of the person conducting the test]) listed in paragraph 3; or

(b) a feature (chosen at [F221 the discretion of the person conducting the test]) of the vehicle listed in paragraph 4.

Textual Amendments

F221 Words in Sch. 8 substituted (12.1.2004) by The Motor Vehicles (Driving Licences) (Amendment) (No. 5) Regulations 2003 (S.I. 2003/3313), regs. 1(1), 2

2.   In the case of a test for a licence authorising the driving of vehicles in category D+E only, demonstrate on one occasion, and on a second occasion describe how to perform, a check (chosen at [F221 the discretion of the person conducting the test]) on the condition and safety of either—

(a) a component (chosen at [F221 the discretion of the person conducting the test]) of the vehicle or trailer (as relevant) listed in paragraph 3;

(b) a feature (chosen at [F221 the discretion of the person conducting the test]) of the vehicle or trailer (as relevant) listed in paragraph 4; or

(c) the coupling mechanism or the brake and electrical connection between the tractor vehicle and the trailer.

Textual Amendments

F221 Words in Sch. 8 substituted (12.1.2004) by The Motor Vehicles (Driving Licences) (Amendment) (No. 5) Regulations 2003 (S.I. 2003/3313), regs. 1(1), 2

3.   The components are: tyres, steering, brakes, lights, reflectors, direction indicators, audible warning device, the power-assisted braking and steering systems, wheels, wheelnuts, mudguards, windscreen, windows and wipers, the tachograph or other dashboard instrument, the air pressure in the braking system, air tanks for the braking system, the suspension, and the liquids used in the braking system, steering system, engine or elsewhere in the vehicle as a coolant, lubricant, cleaner or otherwise.

4.   The features are: the service doors, the emergency exits, the first aid equipment, the fire extinguishers, and any other piece of safety equipment.

B. Preparation to drive E+W+S

1.   Adjust the seat as necessary to obtain a correct seating position.

2.   Adjust rear view mirrors and seat belt.

3.   Check that the doors are closed.

C. Technical control of the vehicle E+W+S

1.   Start the engine and move off smoothly (uphill and downhill as well as on the flat).

2.   Accelerate to a suitable speed while maintaining a straight course, including during gear-changes.

3.   Adjust speed to negotiate left or right turns at junctions, possibly in restricted spaces, while maintaining control of the vehicle.

4.   Brake accurately to stop where directed, if need be by performing an emergency stop.

5.   Either—

(a) perform any two of the following manoeuvres—

(i) reverse in a straight line and reverse right or left round a corner while keeping within the correct traffic lane;

(ii) turn the vehicle to face the opposite way, using forward and reverse gears;

(iii) park the vehicle and leave a parking space (parallel, oblique or right-angle) both forwards and in reverse, on the flat, uphill and downhill; or

(b) reverse in an S-shaped curve.

6.   Park the vehicle in an appropriate place as would enable passengers to alight or board safely.

D. Behaviour in traffic E+W+S

1.   Observe (including the use of the rear view mirrors) road alignment, markings, signs and potential or actual risks.

2.   Communicate with other road users using the authorised means.

3.   React appropriately in actual risk situations.

4.   Comply with road traffic regulations and the instructions of the police and traffic controllers.

5.   Move off from the kerb or a parking space.

6.   Drive with the vehicle correctly positioned on the road, adjusting speed to traffic conditions and the line of the road.

7.   Keep the right distance between vehicles.

8.   Change lanes.

9.   Pass parked or stationary vehicles and obstacles.

10.   Approach and cross junctions.

11.   Turn right and left at junctions or to leave the carriageway.

12.   Where the opportunity arises—

(a) Pass oncoming vehicles, including in confined spaces.

(b) Overtake in various situations.

(c) Approach and cross level-crossings.

(d) Drive in road tunnels.

E. Larger vehicles: speed reduction and steering E+W+S

1.   Check the power-assisted braking and steering systems.

2.   Use the various braking systems.

3.   Use the speed reduction systems other than the brakes.

4.   Adjust course to allow for the length of the vehicle and its overhang.

F. Trailers E+W+S

Uncouple the trailer from the tractor vehicle, then park the tractor vehicle parallel to the trailer, then drive the tractor vehicle from the parked position to in front of the tractor vehicle so that the tractor vehicle and trailer can be easily coupled, and finally re-couple the tractor vehicle and trailer.

G. Vehicle safety E+W+S

Show awareness of vehicle safety measures and be able to operate vehicle safety systems.

[F224 PART 5 E+W+S Unitary Test: Categories F, G, H, and K

Textual Amendments

F224 Sch. 8 Pt. 5 substituted (12.1.2004) by The Motor Vehicles (Driving Licences) (Amendment) (No. 5) Regulations 2003 (S.I. 2003/3313), regs. 1(1), 3, Sch.

Eyesight E+W+S

A.   Either—

(a) read in good daylight (with the aid of corrective lenses if worn) a registration mark fixed to a motor vehicle and containing letters and figures 79 millimetres high and 57 millimetres wide at a distance of—

(i) 12.3 metres, in the case of a test conducted in respect of a vehicle included in category K;

(ii) 20.5 metres, in any other case or

(b) read in good daylight (with the aid of corrective lenses if worn) a registration mark fixed to a motor vehicle and containing letters and figures 79 millimetres high and 50 millimetres wide at a distance of—

(i) 12 metres, in the case of a test conducted in respect of a vehicle included in category K;

(ii) 20 metres, in any other case.

Technical control of the vehicle E+W+S

B.— 1. Start the engine of the vehicle.

2. Move away straight ahead or at an angle.

3. Turn right-hand and left-hand corners correctly.

4. Stop the vehicle in an emergency and normally and, in the latter case, bring it to a rest in the appropriate part of the road.

Behaviour in traffic E+W+S

C.   Overtake, meet or cross the path of other vehicles and take an appropriate course.

Vehicle safety checks E+W+S

D.   Describe how to perform a check on the condition and safety of one component of the vehicle in which the test is being conducted and demonstrate an actual check on the condition and safety of a second such component, each component to be chosen at the discretion of the person conducting the test.]

PART 6 E+W+S Unitary Test: Categories F and G

1.   Carry out manoeuvres involving the use of reverse gear (except in a case where the vehicle is not fitted with a means of reversing). E+W+S

2.   Indicate intended actions at appropriate times by giving appropriate signals in a clear and unmistakable manner. E+W+S

In the case of a test taken on a vehicle with a left-hand drive or by a disabled person for whom it is impracticable or undesirable to give signals by arm, there shall be no requirement to give signals which cannot be given by mechanical means.

3.   Act correctly and promptly on all signals given by traffic signs and traffic controllers and take appropriate action in relation to signs given by other road users. E+W+S

PART 7 E+W+S Unitary Test: Category H

1.   Indicate intended actions at appropriate times by giving appropriate signals in a clear and unmistakable manner. E+W+S

In the case of a test taken on a vehicle with a left-hand drive or by a disabled person for whom it is impracticable or undesirable to give signals by arm, there shall be no requirement to give signals which cannot be given by mechanical means.

2.   Act correctly and promptly on all signals given by traffic signs and traffic controllers and take appropriate action in relation to signs given by other road users. E+W+S

3.   Drive the vehicle backwards and cause it to face in the opposite direction by means of tracks.] E+W+S

Regulation 45

SCHEDULE 9 E+W+S UPGRADED ENTITLEMENTS ON PASSING SECOND TEST

TABLE A

(1) Test prescribed in respect of:—	Prescribed test also passed for:— (2) Category C+E	(3) Sub-category C1+E
D	D+E	D1+E
D1	D1+E	D1+E

TABLE B

(A)				Manual test pass in category (or sub-category):—
Automatic test pass:—	(1) C1	(2) C	(3) C1+E	(4) C+E	(5) D1	(6) D	(7) D1+E	(8) D+E
C1			C1	C1 & C1+E	C1	C1	C1	C1
C				C	C1	C	C1	C
C1+E		C1+E			D1+E (a)	C1+E	C1+E	C1+E
C+E					D1+E (a)	D+E (a)		C+E
D1	D1	D1	D1 & D1+E	D1 & D1+E				D1 & D1+E
D		D		D & D+E				D
D1+E		D1+E	D1+E	D1+E		D1+E
D+E				D+E

Regulation 47

SCHEDULE 10 E+W+S FORMS OF CERTIFICATE AND STATEMENT OF THEORY TEST RESULT

PART 1 E+W+S [F225 STANDARD THEORY TEST] PASS CERTIFICATE

Textual Amendments

F225 Words in Sch. 10 Pt. 1 heading substituted (7.7.2008) by The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2008 (S.I. 2008/1435), regs. 1(1), 20 (with reg. 22)

Certificate of passing a theory test E+W+S

Driver number....................

Date of test....................

It is hereby certified that [Name of candidate] has been examined and has PASSED the theory test prescribed under section 89 of the Road Traffic Act 1988 in respect of category/categories....................

Theory Test Centre [Number or location of centre].

PART 2 E+W+S THEORY TEST FAILURE STATEMENT

Statement of failure to pass a theory test E+W+S

Driver number....................

Date of test....................

[Name of candidate] has been examined and has FAILED to pass the theory test prescribed under section 89 of the Road Traffic Act 1988 in respect of category/categories....................

Theory Test Centre [Number or location of centre].

Regulation 47A(2)

[F226 SCHEDULE 10A E+W+S Large vehicle test of driving theory

Textual Amendments

F226 Schs. 10A-10C inserted (7.7.2008) by The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2008 (S.I. 2008/1435), regs. 1(1), 21 (with reg. 22)

PART 1 E+W+S Statement of performance: pass

PART 2 E+W+S Statement of performance: fail

Regulation 47A(3)

SCHEDULE 10B E+W+S Large vehicle test of hazard perception

PART 1 E+W+S Statement of performance: pass

PART 2 E+W+S Statement of performance: fail

Regulation 47B(1)

SCHEDULE 10C E+W+S Large vehicle theory test pass certificate

 ]

Regulation 48

SCHEDULE 11 E+W+S FORMS OF CERTIFICATE AND STATEMENT OF PRACTICAL AND UNITARY TEST RESULT

PART 1 E+W+S TEST PASS CERTIFICATE

Certificate of passing the [extended*] test of competence to drive E+W+S

Driver number....................

Date of test....................

Test Centre....................

I certify that [Name of candidate] has been examined and has PASSED the test of competence prescribed for the purposes of section 89 of the Road Traffic Act [and section 36 of the Road Traffic Offenders Act*] 1988 in respect of vehicles in category/categories....................

Whether vehicle fitted with automatic transmission....................Y/N.

Whether vehicle modified/other restrictions....................

Signature of examiner....................

Signature of candidate....................

*Words in italics to be omitted where inapplicable.

PART 2 E+W+S TEST FAILURE STATEMENT

Statement of failure to pass the practical test/test of competence to drive E+W+S

(To be endorsed on the front or the reverse of the Driving Test Report Form)

Name of candidate....................

Category/ies of vehicle....................

Driver Number....................

Date of test....................

The candidate named herein has been examined and has FAILED to pass the practical test/test of competence to drive prescribed under the Road Traffic Act [and for the purposes of section 36 of the Road Traffic Offenders Act] 1988 in respect of vehicles in the above category/categories.

*Words in italics to be omitted where inapplicable.

Regulation 59

SCHEDULE 12 E+W+S ELEMENTS OF AN APPROVED TRAINING COURSE

(A) Introduction E+W+S

1.  Trainees must be told and must understand:—

• — the aims of the approved training course;

• — the importance of having the right equipment and clothing.

2.   [F227 Trainees' eyesight must be tested. Trainees must be able to read, in good daylight (with the aid of corrective lenses if worn) either—

• a vehicle registration mark containing letters and figures 79 millimetres high and 57 millimetres wide at a distance of 20.5 metres, or

• a vehicle registration mark containing letters and figures 79 millimetres high and 50 millimetres wide at a distance of 20 metres].

Textual Amendments

F227 Words in Sch. 12 substituted (21.2.2003) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2003 (S.I. 2003/166), regs. 1(1), 9

(B) Practical on site training E+W+S

Trainees must receive practical on site training at the conclusion of which they must fulfil the following requirements, that is to say they must:—

• — be familiar with the motor cycle, its controls and how it works;

• — be able to carry out basic machine checks to a satisfactory standard and [F228 (except in a case where the course is to be completed on a motor bicycle and side-car combination or a three-wheeled moped)] be able to take the bike on and off the stand satisfactorily;

• — be able to wheel the machine around to the left and right showing proper balance and bring the motorcycle to a controlled halt by braking;

• — be able to start and stop the engine satisfactorily.

Textual Amendments

F228 Words in Sch. 12 inserted (1.2.2001) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2001 (S.I. 2001/53), regs. 1, 12

(C) Practical on site riding E+W+S

Trainees must undertake practical on site riding at the conclusion of which they must be able to:—

• — ride the machine under control in a straight line and bring the machine to a controlled halt;

• — ride the machine round a figure of eight circuit under control;

• — ride the machine slowly under control;

• — carry out a U-turn manoeuvre satisfactorily;

• — bring the machine to a stop under full control as in an emergency;

• — carry out controlled braking using both brakes;

• — change gear satisfactorily;

• — carry out rear observation correctly;

• — carry out simulated left and right hand turns correctly using the Observation-Signal-Manoeuvre (OSM) and Position-Speed-Look (PSL) routines.

(D) Practical on road training E+W+S

1.  Before undertaking practical on road riding trainees must be instructed in the matters set out in paragraphs 2 and 3 below and achieve the objectives mentioned therein.

2.  Trainees must understand the following:— E+W+S

• — the need to be clearly visible to other road users (the use of conspicuity aids);

• — the importance of knowing the legal requirements for riding on the road;

• — why motor cyclists are more vulnerable than most road users;

• — the need to drive at the correct speed according to road and traffic conditions;

• — the importance of knowing the Highway Code;

• — the need to ride defensively and anticipate the actions of other road users;

• — the need to use rear observation at appropriate times;

• — the need to assume the correct road position when riding;

• — the need to leave sufficient space when following another vehicle;

• — the need to pay due regard to the effect of varying weather conditions when riding.

3.  Trainees must be aware of:— E+W+S

• — the effect on a vehicle of the various types of road surface that can be encountered;

• — the dangers of drug and alcohol use;

• — the consequences of aggressive attitudes when riding;

• — the importance of hazard perception.

(E) Practical on road riding E+W+S

1.  Trainees must undertake on road riding for a period of not less than two hours. They must (subject to paragraph 2 below) encounter all the following traffic situations and demonstrate their ability to handle each one competently and safely:—

• — roundabouts

• — junctions

• — pedestrian crossings

• — traffic lights

• — gradients

• — bends

• — obstructions.

2.  Upon application being made by an approved training body for the purpose, the Secretary of State may excuse that body from compliance with a requirement mentioned in paragraph 1 above in respect of practical on-road instruction conducted from premises where the training body provides courses if, having regard to the location of those premises, he is satisfied that it is impractical to comply with that requirement. E+W+S

3.  Trainees must also repeat the following exercises in normal road conditions:— E+W+S

• — carry out a U-turn manoeuvre satisfactorily;

• — bring the machine to a stop under full control as in an emergency.

Regulations 60, 65 and 68

SCHEDULE 13 E+W+S APPROVED MOTOR BICYCLE TRAINING COURSES: FORMS OF CERTIFICATE

PART 1 E+W+S CERTIFIED INSTRUCTOR’S CERTIFICATE

The certificate shall indicate, if appropriate, that the holder has successfully completed the Secretary of State’s assessment course for certified instructors.

PART 2 E+W+S CERTIFIED DIRECT ACCESS INSTRUCTOR’S CERTIFICATE

[F229 PART 3 E+W+S CERTIFICATE OF COMPLETION OF APPROVED TRAINING COURSE

Textual Amendments

F229 Sch. 13 Pt. 3 substituted (1.2.2001) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2001 (S.I. 2001/53), regs. 1, 13, Sch.

Road Traffic Act 1988 E+W+S

Certificate of Completion of an Approved Training Course for Riders of Motor Bicycles and Mopeds

 ]

Explanatory Note

(This note is not part of the Regulations)

These Regulations consolidate with amendments the Motor Vehicles (Driving Licences) Regulations 1996 and regulations amending those Regulations (all of which are now revoked). The amendments made are as follows:—

(a)  No licence may be issued for sub-category B1 (invalid carriages) to a person who did not hold one on 12th November 1999—although existing licences remain valid—and driving tests for that sub-category are discontinued with effect from the same date(regulation 5(3) and Schedules 2 and 5). E+W+S

(b)  Members of the armed forces are authorised to drive dual purpose vehicles according to the class of licence held and the maximum authorised mass of the vehicle (regulation 8). E+W+S

(c)  A person who has held a licence for category C, D, C+E or D+E for not less than three years in all is qualified to supervise a provisional licence holder in the same category notwithstanding that he has not held a full licence continuously since 6th April 1998 (regulation 17(3)). E+W+S

(d)  The option for a theory test candidate to pay a lower test fee in return for a delay in notification of the result will not be available from 4th January 2000 but from that date all tests must be marked and the results provided on the day of the test. The current lower fee (£15.50) will from that date be payable in the case of every theory test (regulations 26(1), 27(1), 28(1), 30(1) and 47(1) and (2)). E+W+S

(e)  Persons holding a full licence authorising the driving of vehicles in sub-category B1 (invalid carriages) are exempted from the fee when taking a test for a licence authorising the driving of vehicles in category B (regulation 35(5)). E+W+S

(f)  Certain spent provisions are omitted. E+W+S

In addition, some provisions in Parts II, III and V have been rearranged and some minor drafting changes have been made.