The Motor Vehicles (Driving Licences) Regulations 1999

Nature and conduct of tests E+W+S

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

40.—(1) This regulation applies to tests other than extended driving tests.

(2) Subject to the following provisions of this regulation and regulation 42, the test for a licence authorising the driving of a motor vehicle of a class included in category A, B, C, D, or P shall be conducted in two parts, namely—

(a) a [F1 test of driving theory and hazard perception], and

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

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

(3) 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 specified matters prescribed in respect of the theory test for category C and the specified requirements prescribed in respect of practical test for category C+E, and

(b) in any other case, shall consist of a practical test only.

(4) Where a test is required to be conducted in two parts, a person taking the test—

(a) must pass the theory test before he take 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) or 33(4)) for a practical test in respect of a motor vehicle of a class included in any category until he has been furnished with—

(i) a valid 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 law of Northern Ireland stating that he has during the relevant period passed the theory test in respect of the same category.

(5) A person shall be treated as having passed—

[F2 (a) the theory test if he satisfies the person conducting the test—

(i) in respect of the test of driving theory described in paragraph (8A) of this knowledge and understanding of the specific matters; and

(ii) in respect of the hazard perception test described at paragraph (8B) that his performance in the test demonstrates an ability to perceive hazards on the road;]

(b) the practical test if he satisfies the person conducting it of his ability to drive safely and to comply with the specified requirements.

(6) 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 it 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 specified requirements.

(7) The practical test and the unitary test shall each be conducted so that—

(a) the person taking the test drives, wherever possible, both on roads outside built-up areas and on urban roads, and

[F3 (b) 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.]

[F4 (8) The theory test shall be conducted in two parts, one part being the test of driving theory described in paragraph (8A) and the other being the hazard perception test described in paragraph (8B).]

[F5 (8A) The test of driving theory shall—

[F6 (a) in the case of a test for a licence authorising the driving of a class of vehicle included in a category of C or D—

(i) be conducted as an approved form of examination consisting of 60 questions, the questions being in either a multiple choice or multiple response form and testing a candidate on the specified matters in accordance with Schedule 7; and

(ii) have a duration of 70 minutes or, in the circumstances specified in paragraph (9), 140 minutes;]

[F7 (b) in the case of a test for a licence authorising the driving of a class of vehicle included in a category of A, B or P—

(i) be conducted as an approved form of examination consisting of 50 questions, the questions being in either a multiple choice or multiple response form and testing a candidate on the specified matters in accordance with Schedule 7; and

(ii) have a duration of 57 minutes or, in the circumstances specified in paragraph (9), 114 minutes.]]

[F8 (8B) The hazard perception test 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 relating to traffic on the road.

(8C) 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.]

(9) The circumstances referred to in paragraph (8) are that the candidate requires the assistance of a suitably qualified person at the test by virtue of having reading difficulties.

(10) The specified matters for a theory test for 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.

(11) The specified requirements for a practical or unitary test for 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.

Textual Amendments

F1 Words in reg. 40(2)(a) substituted (14.11.2002) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2002 (S.I. 2002/2641), regs. 1, 5(1)

F2 Reg. 40(5)(a) substituted (14.11.2002) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2002 (S.I. 2002/2641), regs. 1, 5(2)

F3 Reg. 40(7)(b) substituted (2.4.2007) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2007 (S.I. 2007/698), regs. 1(1), 9(a)

F4 Reg. 40(8) substituted (14.11.2002) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2002 (S.I. 2002/2641), regs. 1, 5(3)

F5 Reg. 40(8A) substituted (2.4.2007) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2007 (S.I. 2007/698), regs. 1(1), 9(b)

F6 Reg. 40(8A)(a) substituted (1.4.2008) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2008 (S.I. 2008/508), regs. 1, 7(c)(i)

F7 Reg. 40(8A)(b) substituted (1.4.2008) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2008 (S.I. 2008/508), regs. 1, 7(c)(ii)

F8 Reg. 40(8A)-(8C) inserted (14.11.2002) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2002 (S.I. 2002/2641), regs. 1, 5(4)

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 paragraphs (2) to (11) of regulation 40 as modified by virtue of paragraph (2) of this regulation.

(2) For the purpose of an extended driving test, the provisions of regulation 40 shall apply but as if paragraph (1) were omitted and for paragraph (7)(b) there were substituted—

“(b) the time during which that person is required to drive on roads is not less than 60 minutes”.

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 F9 ... of another class included in category A F9 ...; 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 F10 ... of another class included in category A F10 ... and is F10 ... 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—

F11 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) he holds a full licence authorising the driving of motor vehicles F12 ...of another class included in category B F12 ...; 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 F13 ... of another class included in category B F13 ... and is F13 ... 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

F9 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)

F10 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)

F11 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)

F12 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)

F13 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)