PART IIIE+W+S TESTS OF COMPETENCE TO DRIVE

PreliminaryE+W+S

Interpretation of Part IIIE+W+S

22.  In this Part of these Regulations—

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

  • [F1“appointed person” means—

    (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; F2...

    (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; [F3and]

    (c)

    [F4in the case of a large vehicle off road manoeuvres test, a large vehicle off road manoeuvres test examiner;]]

  • [F5“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] [F6, reading point 2.1 of section 1 of Annex 1 as if the references to Regulations (EEC) No 3820/85 and (EEC) No 3821/85 were references to Regulation (EC) No 561/2006 on the harmonisation of certain social legislation relating to road transport and to Regulation (EU) No 165/2014 on tachographs in road transport;]

  • “[F7DVSA examiner]" means a person appointed by the Secretary of State to conduct [F8manoeuvres tests, [F9large vehicle off road manoeuvres tests,] practical tests] or unitary tests under paragraph (1)(a) or (2)(a) of regulation 24;

  • [F10“educational qualification” means—

    (a)

    a qualification awarded by the Scottish Qualifications Authority pursuant to section 2(1) of the Education (Scotland) Act 1996;

    (b)

    a qualification accredited by the Scottish Qualifications Authority pursuant to section 3(1) of the Education (Scotland) Act 1996;

    (c)

    F11...

    (d)

    F11...

    (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

    (f)

    [F12[F13a 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 [F14AM or A], including an establishment which provides tuition to prepare persons for the theory test;

  • [F15“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;]

  • [F16“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;]

  • F17...

  • “working day" means [F18(other than in regulation 35)] a day other than a F19... 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 [F20the Banking and Financial Dealings Act 1971]F21).

Textual Amendments