Citation and commencement1

Revocation and saving2

Interpretation3

1. “1981 Act" means the Public Passenger Vehicles Act 1981 F2;

2. “1985 Act" means the Transport Act 1985 F3;

3. F35“A1 motorcycle” means a motor bicycle with a cylinder capacity not exceeding 125 cubic centimetres, of a power not exceeding 11 kilowatts and with a power to weight ratio not exceeding 0.1 kilowatts per kilogram;

4. “A1 motor tricycle” means a motor tricycle with a power not exceeding 15 kilowatts;

5. “A2 motorcycle” means a motor bicycle of a power not exceeding 35 kilowatts, with a power to weight ratio not exceeding 0.2 kilowatts per kilogram and not being derived from a vehicle of more than double its power;

6. “A3 motorcycle” means a motor bicycle—

   1. a

      of a power exceeding 35 kilowatts or with a power to weight ratio exceeding 0.2 kilowatts per kilogram; or

   2. b

      of a power not exceeding 35 kilowatts with a power to weight ratio not exceeding 0.2 kilowatts per kilogram and derived from a vehicle of more than double its power;

7. “A3 motor tricycle” means a motor tricycle with a power exceeding 15 kilowatts;

8. F21“abridged standard test of driving theory” means the test described in regulation 40B(1A);

9. “ambulance" means a motor vehicle which—

   1. 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

   2. b

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

10. “appropriate driving test" and “extended driving test" have the same meanings respectively as in section 36 of the Offenders Act F4;

11. F33“category P vehicle” means a motor vehicle with fewer than four wheels with a maximum design speed exceeding 45 kilometres per hour but not exceeding 50 kilometres per hour and which, if propelled by an internal combustion engine, has a cylinder capacity not exceeding 50 cubic centimetres;

12. “category Q vehicle” means a motor vehicle with less than four wheels which—

    1. a

       if propelled by an internal combustion engine, has a cylinder capacity not exceeding 50 cubic centimetres and, if not equipped with pedals by means of which the vehicle is capable of being propelled, has a maximum design speed not exceeding 25 kilometres per hour; and

    2. b

       if propelled other than by an internal combustion engine, has a maximum design speed not exceeding 25 kilometres per hour;

13. F15“certified direct access instructor” has the meaning given by regulation 64(2);

14. “Construction and Use Regulations" means the Road Vehicles (Construction and Use) Regulations 1986 F5;

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

    1. a

       is constructed or adapted for use under such control; or

    2. 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;

16. F31“deductible period” means—

    1. a

       any period during which a person is disqualified under section 34 or 35 of the Offenders Act;

    2. b

       in a case where a person is or has been disqualified under section 36 of the Offenders Act, 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;

    3. c

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

    4. d

       any period during which a person’s licence has ceased to be in force;

17. F23“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

18. “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;

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

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

21. F40“fire engine” means a category C motor vehicle that is being used—

    1. a

       in England or Wales, by a fire and rescue authority (as determined under section 1 of the Fire and Rescue Services Act 2004); or

    2. b

       in Scotland, by the Scottish Fire and Rescue Service (as established under section 1A of the Fire (Scotland) Act 2005F14);

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

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

24. F20“IBC” means an intermediate bulk container, being one single sealed container—

    1. a

       made of plastic or metal;

    2. b

       designed for the storage and transport of fluids;

    3. c

       with a capacity of 1,000 litres;

    4. d

       having its capacity clearly marked on its exterior; and

    5. e

       filled to capacity with water;

25. “incomplete large vehicle" means—

    1. 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

    2. 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;

26. F34...

27. F22“large vehicle test of driving theory” means the test of driving theory described in regulation 40B(2);

28. F22“large vehicle test of hazard perception” means the test of hazard perception described in regulation 40B(4);

29. F22“large vehicle theory test pass certificate” means a certificate in the form specified in regulation 47B(1);

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

31. F16“manoeuvres test” means a test consisting of the activities and manoeuvres specified in Schedule 8A and includes such a test conducted as part of an extended driving test;

32. “maximum authorised mass"—

    1. a

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

    2. b

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

    3. 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;

33. “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;

34. F26“maximum net power output”, in relation to an engine, means the maximum net power output measured under full engine load

35. “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—

    1. a

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

    2. 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;

36. F30“module 1 pass certificate” means a certificate relating to the passing of a manoeuvres test in the form set out in Part 1 of Schedule 10D;

37. “module 1 statement of failure” means a statement in the form set out in Part 2 of Schedule 10D regarding the failing of a manoeuvres test;

38. F27“motor tricycle” means a motor vehicle with three symmetrically arranged wheels which has a maximum design speed of more than 45 kilometres per hour and, if fitted with an internal combustion engine, has an engine capacity of more than 50 cubic centimetres;

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

40. “Offenders Act" means the Road Traffic Offenders Act 1988 F6;

41. “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—

    1. a

       has an unladen weight not exceeding 10.2 tonnes,

    2. b

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

    3. c

       is being used for the purpose of—

       1. 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

       2. ii

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

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

43. “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—

    1. a

       a full supply of fuel in the tank,

    2. b

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

    3. c

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

44. (a)

    “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 F28or three parts, F19the part of it consisting of that test; and the term—

    1. (a)

       includes such a test conducted as part of an extended driving test; and

    1. (b)

       excludes the manoeuvres test

45. “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;

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

47. F39“standard access period” means the period of two years commencing on the date, before 19th January 2013, when a person passed a test for a licence authorising the driving of standard motor bicycles of any class, other than motor bicycles with an engine the maximum net power output of which is 11 kilowatts or less, but disregarding any deductible period, or part thereof, which subsists in relation to that person on or after the date on which the test was passed;

48. F12“standard motor bicycle” means—

    1. a

       in the case of a motor bicycle without a side-car, a motor bicycle the engine of which has a maximum net power output not exceeding 25 kilowatts and a power to weight ratio not exceeding 0.16 kilowatts per kilogram, or

    2. b

       in the case of a motor bicycle and side-car combination, a combination having a power to weight ratio not exceeding 0.16 kilowatts per kilogram;

49. F44“standard test of driving theory” means the test described in regulation 40B(1);

50. F44“standard test of hazard perception” means the test described in regulation 40B(3);

51. F44“standard theory test pass certificate” means a certificate in the form specified in regulation 47(2)(a); and

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

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

54. F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

55. F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

56. “Traffic Act" means the Road Traffic Act 1988;

57. F38“traffic commissioner” means a commissioner appointed under section 4 of the Public Passenger Vehicles Act 1981;

58. F42“training load” means a load consisting of—

    1. a

       an IBC; or

    2. b

       training load packages that are all marked with the same nominal quantity by weight;

59. “training load package” means a product packaged in a transparent sealed bag so that the combination of the product and the individual bag in which it is packed is either or both of the following—

    1. a

       a “package” to which the Weights and Measures (Packaged Goods) Regulations 2006 “the 2006 Regulations” or the Weights and Measures (Packaged Goods) Regulations (Northern Ireland) 2011 “the 2011 Regulations” apply, F41where—

       1. i

          F43it is marked in accordance with the requirements of regulation 5(1) of the 2006 Regulations or the 2011 Regulations as the case may be;

       2. ii

          F32it is marked with its nominal quantity by weight in accordance with regulation 8 of the 2006 Regulations or the 2011 Regulations as the case may be; and

       3. iii

          that nominal quantity by weight so marked on the package is no less than 10kg; or

    2. b

       a “prepackage” to which Council Directive 76/211/EEC applies, F11where—

       1. i

          F29it is marked in accordance with points 3.1 and 3.2 of Annex I to that Directive; and

       2. ii

          the nominal quantity by weight so marked on the prepackage is no less than 10kg;

60. “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;

61. “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;

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

    1. 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

    2. 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);

63. “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.

F24Meaning of “theory test”3A