The Motor Vehicles (Driving Licences) Regulations 1999

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 [F1 the following provisions of this regulation].

(2) Subject to [F2 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 [F3 , practical test (other than in relation to a vehicle of a class included in category A or P) or two-part practical test, as the case may be,] is passed on a motor vehicle with automatic transmission, in which case it shall authorise the driving only of such classes of vehicle included in that category or sub-category as have automatic transmission;

(b) the test [F3 , practical test (other than in relation to a vehicle of a class included in category A or P) or two-part practical test, as the case may be,] is passed on a motor vehicle which is adapted on account of a disability of the person taking the test, in which case it shall authorise the driving only of such classes of vehicle included in 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) [F4 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 [F5 , practical test (other than in relation to a vehicle of a class included in category A or P) or two-part practical test, as the case may be,] is passed on a motor vehicle with automatic transmission, in which case it shall (subject to paragraph (4)) authorise the driving only of such classes of vehicle included in the additional category or sub-category as have automatic transmission;

(b) the test [F5 , practical test (other than in relation to a vehicle of a class included in category A or P) or two-part practical test, as the case may be,] is passed on a motor vehicle which is adapted on account of a disability of the person taking the test in which case it shall authorise the driving only of such classes of vehicle included in the additional category or sub-category as are so adapted.

(4) Where the additional category is F, K or P, paragraph (3)(a) shall not apply.

[F6 (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.]

[F7 (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.]

[F8 (7) In this regulation “two-part practical test” means—

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

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

Textual Amendments

F1 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)

F2 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)

F3 Words in reg. 43(2) substituted (30.3.2009) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2009 (S.I. 2009/788), regs. 1(2), 22(a) (with reg. 33)

F4 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)

F5 Words in reg. 43(3) substituted (30.3.2009) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2009 (S.I. 2009/788), regs. 1(2), 22(a) (with reg. 33)

F6 Reg. 43(5) inserted (1.2.2001) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2001 (S.I. 2001/53), regs. 1, 8(5)

F7 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)

F8 Reg. 43(7) added (30.3.2009) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2009 (S.I. 2009/788), regs. 1(2), 22(b) (with reg. 33)

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 [F9 manoeuvres test and practical test] (or the Northern Ireland test of competence corresponding to the [F9 manoeuvres test and 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 [F9 manoeuvres test and practical test] (or the Northern Ireland test of competence corresponding to the [F9 manoeuvres test and 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 [F9 manoeuvres test and practical test] (or the Northern Ireland test of competence corresponding to the [F9 manoeuvres test and 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 [F9 manoeuvres test and practical test] (or the Northern Ireland test of competence corresponding to the [F9 manoeuvres test and 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.

Textual Amendments

F9 Words in reg. 44(2) substituted (30.3.2009) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2009 (S.I. 2009/788), regs. 1(2), 23 (with reg. 33)

[F10 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

F10 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 [F11 practical test (other than in relation to a vehicle of a class included in category A or P) or two-part practical test, as the case may be,] is passed on a motor vehicle with automatic transmission, in which case 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 [F11 practical test (other than in relation to a vehicle of a class included in category A or P) or two-part practical test, as the case may be,] is passed on a motor vehicle which is adapted on account of a disability of the person taking the test, in which case 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 [F12 practical test (other than in relation to a vehicle of a class included in category A or P) or two-part practical test, as the case may be,] is passed on a 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 [F12 practical test (other than in relation to a vehicle of a class included in category A or P) or two-part practical test, as the case may be,] is passed on a 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 [F13 two-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) 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.

[F14 (9) In this regulation “two-part practical test” means—

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

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

Textual Amendments

F11 Words in reg. 46(2) substituted (30.3.2009) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2009 (S.I. 2009/788), regs. 1(2), 24(a) (with reg. 33)

F12 Words in reg. 46(3) substituted (30.3.2009) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2009 (S.I. 2009/788), regs. 1(2), 24(a) (with reg. 33)

F13 Words in reg. 46(6) substituted (30.3.2009) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2009 (S.I. 2009/788), regs. 1(2), 24(b) (with reg. 33)

F14 Reg. 46(9) added (30.3.2009) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2009 (S.I. 2009/788), regs. 1(2), 24(c) (with reg. 33)