http://www.legislation.gov.uk/id/uksi/1999/2864

PART III TESTS OF COMPETENCE TO DRIVE

Preliminary

Interpretation of Part III22

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;
F219“appointed person” means—
1. a
  in the case of a safe road use test, a person appointed by the Secretary of State to conduct such a test under paragraph (1)(a) of regulation 22A; and
2. b
  in the case of a theory test, a person appointed by the Secretary of State to conduct such a test under paragraph (1)(a)(ii) or (2)(a) of regulation 23;
F102“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
“F266DVSA examiner" means a person appointed by the Secretary of State to conduct F23manoeuvres tests, practical tests or unitary tests under paragraph (1)(a) or (2)(a) of regulation 24;
F15“educational qualification” means—
1. a
  a qualification awarded by the Scottish Qualifications Authority pursuant to section 2(1) of the Education (Scotland) Act 1996;
2. b
  a qualification accredited by the Scottish Qualifications Authority pursuant to section 3(1) of the Education (Scotland) Act 1996;
3. c
  a qualification accredited by the Qualifications and Curriculum Authority under section 24(2)(g) or 30(1)(e) of the Education Act 1997;
4. d
  a qualification accredited by the Welsh Ministers under section 30(1)(e) of the Education Act 1997;
5. e
  a qualification which has been awarded or authenticated by an awarding body recognised for either of those purposes by the Office of Qualifications and Examinations Regulation (“Ofqual”) under section 132 of the Apprenticeships, Skills, Children and Learning Act 2009 and, where that qualification is subject to the accreditation requirement under section 138 of that Act, which has been accredited by Ofqual under section 139 of that Act; or
6. f
  F84a qualification which has been awarded by a body in respect of the award of which it is recognised by Qualifications Wales under Part 3 of the Qualifications Wales Act 2015;
“excepted matters” means the matters falling within Schedule 7, Part 2, section B paragraph 2, section C paragraph 3, section D paragraph 2, section E and section F paragraphs 1 and 3;
“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 F274AM or A, including an establishment which provides tuition to prepare persons for the theory test;
F29“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;
F217“qualification award certificate” means a certificate which certifies that the person to whom it has been issued has been awarded the Safe Road User Award;
“relevant awarding authority” means a body which awards or authenticates relevant qualifications;
“relevant qualification” means an educational qualification in respect of which a safe road use test must be passed before the qualification can be awarded;
“relevant qualification certificate” means a certificate issued by a relevant awarding authority which certifies that the person to whom it has been issued has been awarded a relevant qualification;
“safe road use test” means an examination the content of which is set out in regulation 40B(ZA1);
“Safe Road User Award” means the qualification of that name which is awarded by the Scottish Qualifications Authority before 1st May 2010;
F93...
“working day" means F128(other than in regulation 35) a day other than a F110... 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 F262the Banking and Financial Dealings Act 1971F1).

F6Persons by whom safe road use test may be conducted

Annotations:

Amendments (Textual)

Regs. 22A-22B inserted (1.5.2010) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2010 (S.I. 2010/1203), regs. 1(2), 7

22A

1

Subject to the provisions of this regulation, a safe road use test may only be conducted by—

a

a person (including a relevant awarding authority) appointed in writing for that purpose by the Secretary of State; or

b

a person or class of persons appointed by a relevant awarding authority for the purpose of testing persons taking a safe road use test as part of a relevant qualification.

2

No relevant awarding authority shall be eligible to appoint any person or class of persons under paragraph (1)(b) unless, following an application made to the Secretary of State for the purpose of that paragraph, the Secretary of State is satisfied in relation to such an appointment that—

a

proper arrangements will be made by the authority for the conduct of the test in accordance with these Regulations; and

b

proper records of the tests and the results of the tests will be kept by the authority,

and has granted approval in writing to the authority making the appointments, the approval to be subject to such conditions as the Secretary of State thinks fit to impose.

3

An appointment made under paragraph (1)(a) 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.

4

The Secretary of State may vary any conditions imposed under paragraphs (2) or (3) by notice in writing given to the appointed person or to the relevant awarding authority in the case of an approval granted under paragraph (2).

5

No person, or member of a class of persons appointed by virtue of paragraph (1)(b), may conduct tests unless the Secretary of State has approved the appointments in writing and such approval shall be granted only if the Secretary of State is satisfied that that person is, or the members of that class of persons are, capable of making a proper assessment of a candidate’s knowledge of the matters in Schedule 7 Part 2 other than the excepted matters.

22B

for the purpose of conducting, in respect of eligible candidates, theory tests in respect of any class of passenger-carrying vehiclesF188, 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

3

No person shall be eligible to appoint any person or class of persons to conduct theory tests under the provisions of F235sub-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.

F123A

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 F66sub-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 F13manoeuvres tests or 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 F143sub-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.

F408A

A person appointed under sub-paragraph (da), (db), (e) or (f) of paragraph (1) shall not conduct a theory test within the meaning of regulation 3A(1)(ab).

9

In this regulation and regulation 24—

F2“chief officer of police", “police area" and “police authority" have F135in relation to England and Wales the meanings given in section 101(1) of the Police Act 1996 ;
“company" includes a body corporate;
“eligible candidate" means—
1. i
  F77a 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;
2. ii
  a person whom any such company as is mentioned in sub-paragraph (i) proposes to employ as a driver;
F30“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;

F3and 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 .

F171“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.

F10023A

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).

F2792

For each test set supplied under paragraph (1) in respect of a test which—

a

is of the type specified in column (2) of an item in the table;

b

relates to a vehicle falling within a category specified in column (3); and

c

is to be conducted at a time specified in column (4),

the Secretary of State may make a charge of the amount specified in column (5).

Table

(1) Item	(2) Type of test	(3) Vehicle category	(4) Time	(5) Charge £
1.	Any test	AM, A or B	Before 1st October 2014	18.50
2.	Any test	AM, A or B	On or after 1st October 2014	15
3.	Large vehicle test of driving theory	C or D	Before 1st October 2014	20
4.	Large vehicle test of driving theory	C or D	On or after 1st October 2014	12
5.	Large vehicle test of hazard perception	C or D	Any time	9

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 F78a test falling within item 1 or 2 of the table in paragraph (2), a set of F275the information and materials necessary for the conduct of that test, including the film clips as described in regulation 40B, for each person taking the test; and

b

in respect of F165a test falling within item 3, 4 or 5 of the table in paragraph (2), 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.

Persons by whom F22manoeuvres, practical and unitary tests may be conducted24

1

A F251manoeuvres test, practical test or unitary test other than a test conducted in the circumstances specified in paragraph (2) F221or (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

c

F195...F139... F195... F142...

F247ca

in England, a person appointed by any fire and rescue authority for the purpose of testing employees of any fire and rescue authority;

F246ca

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;

F233cb

in Scotland, a person appointed by ~~F293any relevant authority (as defined in section 6 of the~~ ~~Fire (Scotland) Act 2005 (asp 5)~~)F293the Scottish Fire and Rescue Service for the purpose of testing employees of ~~F65any relevant authority~~F65that Service;

F271d

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

i

members of a police force, and,

ii

persons employed by a police authority, local policing body or chief officer of police for the purpose of assisting a police force;

F85e

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 F196, 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.

F1251

The Secretary of State must ensure that persons appointed as examiners for the purposes of paragraph (1)—

a

who were appointed on or after 19th January 2013 meet and maintain the minimum standards set out in paragraphs 1, 2.1 and 2.2 of Annex IV, and

b

who were appointed before 19th January 2013 meet the quality assurance and regular periodic training arrangements in place in accordance with paragraph 4 of Annex IV.

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.

Revocation of authority to conduct tests25

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 F32unitary tests, manoeuvres tests, practical tests 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.

F13325A

1

The Secretary of State may revoke—

a

an appointment made under regulation 22A(1)(a), or

b

an approval given under regulation 22A(2),

by notice in writing and the authority of the person whose appointment or approval is revoked to conduct safe road use tests or, as the case may be, to appoint others to do so shall cease upon the date specified in the notice.

F39Applications for safe road use tests25B

1

Subject to paragraph (4), a relevant awarding authority which is approved under regulation 22A(2) but which is not an appointed person may apply to an appointed person for an appointment for a safe road use test in respect of a person seeking to attain a relevant qualification (“the candidate”).

2

An application made under paragraph (1) shall specify the date, time and location of the appointment sought and provide the name and such further details relating to—

i

the candidate who is to attend the appointment to take the test, and

ii

whether the candidate has special needs,

as the appointed person may reasonably require.

3

Subject to paragraph (4), upon receipt of such details the appointed person shall confirm to the relevant awarding authority the date and time of the appointment.

4

The appointed person may refuse to accept an application from a relevant awarding authority (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 safe road use tests.

5

Subject to paragraph (6), no application may be made for an appointment on behalf of a person who has failed to pass a safe road use test if less than three working days, commencing with the day after the first test, would expire before the day on which the subsequent test would take place.

6

Paragraph (5) shall not apply in a case where the appointed person has given notice, prior to the first test, that an appointment for a subsequent test would be accepted without the interval referred to in that paragraph having expired.

Applications for tests

Applications for theory tests: applicants in person26

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

F7... pay F174the appropriate fee as 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 F45regulation 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).

Applications for theory tests: motor bicycle instructors27

1

A motor bicycle instructor who wishes to make an appointment for a theory test prescribed in respect of motor vehicles in category F218AM or A 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, F59and

F156c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

d

£19 if the test is to be conducted during the period beginning with 1st October 2014 and ending on 30th September 2015;

c

£18 if the test is to be conducted on or after 1st October 2015.

Applications for F49manoeuvres, practical and unitary tests: applicants in person31

1

An applicant in person wishing to take a F5manoeuvres test, practical test or unitary test to be conducted by a F21DVSA 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

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 F245a manoeuvres test or a practical test in respect of any class of motor vehicle included in category F263AM or A may neither be so nominated nor apply under regulation 31 for a further appointment for a test F161of the same sort 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 F18416.00 hours on the day which allows one clear working day to elapse between that day and the day for which the appointment is made.

Applications for practical tests: large vehicle instructors33

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 F267DVSA 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

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 F14716.00 hours on the day which allows one clear working day to elapse between that day and the day for which the appointment is made.

Eligibility to reapply for F52manoeuvres, practical or unitary test34

1

Subject to the following provisions of this regulation, a person who has failed to pass a F43manoeuvres test, practical test 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

b

in a case where the first test is conducted by a F190DVSA 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—

F73za

in the case of a manoeuvres test, 3 clear working days,

a

in the case of a test for a licence authorising the driving of a vehicle of a class included in category F253B+E, C, C+E, D or D+E, 3 clear working days, and

b

in any other case, 10 clear working days.

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 category F9AM or A,

the fee payable is that specified in relation to that test in column (2) of the Table in Schedule 5A.

F363A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2063ZB

Subject to F216paragraph (4), in the case of a manoeuvres test or practical test which—

a

is to be conducted by a F269DVSA 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 category F130AM or A,

the fee payable is that specified in relation to that test in column (3) of the Table in Schedule 5A.

F270Table 1

F96(1) Category or sub-category	(2) Specification or description
F193AM	Any two-wheeled moped
F18A1	An A1 motorcycle without side-car, with a power rating not exceeding 11kW and a power to weight ratio not exceeding 0.1 kW/kg that is capable of an unassisted speed of at least 90 kilometres per hour on the level. If powered by an internal combustion engine, the cylinder capacity shall be at least 115 cubic centimetres. If powered by an electric motor, the power to weight ratio of the vehicle shall be at least 0.08 kW/kg.
F284A2	An A2 motorcycle without side-car, with a power rating of at least 20kW but not exceeding 35kW and a power to weight ratio not exceeding 0.2 kW/kg. If powered by an internal combustion engine, the cylinder capacity of the engine shall be at least 395 cubic centimetres. If powered by an electric motor, the power to weight ratio of the vehicle shall be at least 0.15 kW/kg.
F138A3	Until 30th December 2018, an A3 motorcycle without side-car and a power of at least 40 kW . If powered by an internal combustion engine, the cylinder capacity of the engine shall be at least 595 cubic centimetres. If powered by an electric motor, the power to weight ratio of the vehicle shall be at least 0.25 kW/kg . From 31st December 2018, an A3 motorcycle without side-car with a power of at least 50kW whose unladen mass is more than 175kg. If powered by an internal combustion engine, the cylinder capacity of the engine shall be at least 595 cubic centimetres. If powered by an electric motor, the power to weight ratio of the vehicle shall be at least 0.25 kW/kg.
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.
F212. . .	F212. . .

F19Table 2Load requirements for test vehicles

(1) Category or sub-category and description of vehicle	(2) Nature and weight of load required to be carried on the vehicle or trailer or both.
B+E	A training load weighing a minimum of 600kg and a maximum of 1,000kg loaded on the trailer.
C (a) fire engine	Water or foam carried on the fire engine so that the total laden weight of the fire engine is at least 10,000kg.
C (b) other motor vehicles	Five IBCs loaded on the motor vehicle.
C+E (a) articulated goods vehicle combination	Eight IBCs loaded on the combination.
C+E (b) combination of a minimum test vehicle for category C and a trailer	Five IBCs loaded on the motor vehicle and three IBCs loaded on the trailer.
C1+E	A training load weighing a minimum of 600kg and a maximum of 1,000kg loaded on the trailer.
D+E	A training load weighing a minimum of 600kg and a maximum of 1,000kg loaded on the trailer.
D1+E	A training load weighing a minimum of 600kg and a maximum of 1,000kg loaded on the trailer.

where the test is for a licence authorising him to drive a motor vehicle of a class included in F44category AM, A, G, H or K, 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—
1. a
  is valid at the date of the test,
2. b
  bears the signature of the person who has submitted himself for the test, and
3. c
  is either—
  1. 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
  2. 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
  3. iii
    a Northern Ireland licence corresponding to either of those licences, or
  4. 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 F157, or
  5. v
    a Community licence, which by virtue of section 37(4) of the Offenders Act, authorises that person to drive motor vehicles of that class subject to the same conditions as if the person were so authorised by a provisional licence;
“excepted provisional licence" means a licence which—
1. a
  was in force at a time before 1st January 1997, and
2. 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.

Examiner’s right to refuse to conduct test39

F200ZA1

An appointed person shall refuse to conduct a safe road use test where the requirement in regulation 38(ZA1) is not met.

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 F205test (other than in relation to F158a two-wheeled vehicle of a class included in category F158AM or A) 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) F136or (7) of regulation 38,

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

F1211A

Subject to paragraphs (2) and (3), the person authorised to conduct a test in relation to F179a two-wheeled vehicle of a class included in category F179AM or A must refuse to do so where—

a

a person submitting to a manoeuvres test fails to satisfy the person conducting the test that any requirement imposed by paragraph (4) of regulation 37, by paragraph (4), (5), (7) or (8) of regulation 38 or by paragraph (1A)(a) of regulation 40A has been complied with; or

b

a person submitting to a practical test fails to satisfy the person conducting the test that any requirement imposed by paragraph (4) of regulation 37, by paragraph (4), (5), (7), (8), (8A) or (8B) of regulation 38 or by paragraph (1A)(c) of regulation 40A has been complied with.

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 F42manoeuvres test, practical test or unitary test, fails to produce a document required to be produced F167in accordance with paragraph (4), (8), (8A) or (8B) 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,

2B

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.

a valid large vehicle theory test pass certificate in respect of that category; or

F302ii

a certificate or certificates relating to the passing of those parts of the Northern Ireland test referred to in sub-paragraph (a).

F132... 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

F69AM	Matters specified in Part 1 of Schedule 7.	Requirements specified in Part 1 of Schedule 8.
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.
F210. . .	F210. . .	F210. . .

F517

The specified requirements for the manoeuvres test are those specified in Schedule 8A.

Nature of extended driving tests41

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 F222regulations 40 to 40C as modified by virtue of paragraph (2) of this regulation.

F1732

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.

vehicles in category D which are driven otherwise than for hire or reward;

in relation to a vehicle of a class included in category F208AM or A, the manoeuvres test and the practical test in respect of a vehicle of a class included in category F208AM or A, as appropriate;

b

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

Entitlement upon passing a test other than an appropriate driving test: category AF12744

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F258Entitlement upon passing a test other than an appropriate driving test: category F90AM44A

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 F92AM.

2

Where this regulation applies the Secretary of State shall grant to the person who passed the test—

F99a

in a case where the test was passed on a three-wheeled moped or a light quadricycle, a licence authorising the driving of all vehicles having three or four wheels included in category AM;

b

in any other case, a licence authorising the driving of all vehicles included in category F53AM.

Upgrading of entitlements by virtue of passing second test45

F1111

A person who has passed tests for a licence authorising the driving of motor vehicles included in category D and category C + E 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 D + E.

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 F211Table 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 F170former sub-category B1 or category” 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, F67...

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.

F8c

where, before 19th January 2013, a test was passed, or a licence was held, authorising the driving of motor vehicles in former sub-category D1, references to “sub-category D1” shall include vehicles which would fall within sub-category D1, save that the maximum length of the vehicle exceeds 8 metres,

d

where, before 19th January 2013, a test was passed, or a licence was held, authorising the driving of motor vehicles in former sub-category D1+E, references to “sub-category D1+E” shall include vehicles which would fall within sub-category D1+E save that the maximum length of the tractor vehicle exceeds 8 metres, and

e

where, before 19th January 2013, a test was passed, or a licence was held, authorising the driving of vehicles in former category B+E, references to “category B+E” shall include vehicles which would fall within category B+E save that the maximum authorised mass of the trailer or semi-trailer (as the case may be) exceeds 3500 kilograms.

F21312

Paragraph (11)(c) and (d) shall apply to references in Schedule 9 to “sub-category D1” and “sub-category D1+E” as that paragraph applies to such references in this regulation.

Entitlement upon passing an appropriate driving test46

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

b

is disqualified on or after 19th January 2013 and upon the date of disqualification the standard access period has not expired,

the disqualification shall not, by virtue of paragraph (2) or (7), be deemed to have expired in relation to A3 motorcycles until the standard access period has expired.

F1074A

In the case of a side-car licence holder who—

a

was disqualified before 19th January 2013 where the standard access period had not expired at the date of disqualification and has not expired, or

b

is disqualified on or after 19th January 2013 and upon the date of disqualification the standard access period has not expired,

the disqualification shall not, by virtue of paragraph (2) or (7), be deemed to have expired in relation to A3 motorcycle and side-car combinations until the standard access period has expired.

5

Paragraph (3)(a) shall not apply where the additional category is F28AM, F, G, H, K or L.

6

F285Subject to paragraph (6A), where the person who is disqualified passes the F82two-part 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

on the date on which the person to whom the certificate is issued is disqualified by order of a court under section 34 or 35of the Offenders Act,

c

on the date on which that person is disqualified by order of a court under section 36 of the Offenders Act until that person passes an appropriate driving test, or

d

on the date on which that person’s driving licence is revoked under section 3 of the New Drivers Act 1995,

whichever is the earliest.

Test results

Evidence of result of theory test F239: vehicles other than category C or D47

F2831

The person conducting a theory test described in regulation F11340(2A)(a), (2B)(b) or (2C)(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 F220standard 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 F220standard 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 F220standard 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 F220standard theory test pass certificate shall be valid for the purposes of F178regulation 38(4), 40A(1)(b)(i) or (1A)(b)(i) or 42(1)(a), (1A)(a), (1B)(a) or (1C) 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

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.

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.

it was issued in relation to a vehicle of a class included in category A or P and at the time when it was issued the module 1 pass certificate produced to the person conducting the test in accordance with regulation 38(8A) is invalid by virtue of paragraph (1B).

3

A person authorised to conduct practical or unitary tests by virtue of F276sub-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 F286...