The Motor Vehicles (Driving Licences) (Amendment) Regulations 2009

Amendment of the principal Regulations

19.  In regulation 40A—

(a) in paragraph (1)—

(i) in sub-paragraph (a) after “theory test” insert “or have passed, within the last 2 years, that part of a Northern Ireland test concerning the theory of driving vehicles in category B and corresponding to the theory test”; and

(ii) in sub-paragraph (b)—

(aa) omit the brackets and the words therein;

(bb) for “category A, B or P” substitute “category B”; and

(cc) for paragraph (ii) substitute—

“(ii) a certificate relating to the passing of the part of the Northern Ireland test referred to in sub-paragraph (a).”;

(b) after paragraph (1) insert—

“(1A) Where a test is required to be conducted in three parts pursuant to regulation 40(1A) a person—

(a) must, pass the theory test in respect of a vehicle in category A or P or have passed, within the last 2 years, that part of a Northern Ireland test concerning the theory of driving vehicles in category A or P before taking the manoeuvres test;

(b) shall not be entitled to apply for an appointment (or, as the case may be, be nominated pursuant to regulation 32(4)) for the manoeuvres test in respect of a vehicle in category A or P until that person has been furnished with—

(i) a valid standard theory test pass certificate stating that the person has passed the theory test in respect a vehicle in category A or P; or

(ii) a certificate relating to the passing of the part of the Northern Ireland test referred to in sub-paragraph (a); and

(c) must, before taking a practical test in relation to a vehicle in category A or P, or in sub-category A1, pass the manoeuvres test in respect of a vehicle in the same category or sub-category as that in respect of which the practical test is to be taken.”; and

(c) in paragraph (2)—

(i) after “three parts” insert “pursuant to regulation 40(3)”;

(ii) in sub-paragraph (a) after “perception” insert “or have passed, within the last 2 years, those parts of a Northern Ireland test concerning the theory of driving vehicles in category C or D (including hazard perception),”; and

(iii) in sub-paragraph (b) for paragraph (ii) substitute—

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