The Motor Vehicles (Driving Licences) Regulations 1996

• Citation: S.I. 1996/2824
• Sections: 251

Section 1 Citation and commencement

These Regulations may be cited as the Motor Vehicles (Driving Licences) Regulations 1996 and shall come into force—

(a) as to regulations 20 to 32 and Schedules 5 and 6, for the purpose of tests to be conducted on or after 1st January 1997, on 2nd December 1996;

(b) for the purposes of regulation 34(2)(a)(ii) and (4)(b) and Schedule 6, on 1st March 1997;

(c) for the purposes of regulation 39(6), on 1st April 1997;

(d) for all other purposes on 1st January 1997.

Section 2 Revocation and saving

(1) The regulations specified in Schedule 1 are hereby revoked.

(2) Subject as otherwise herein provided and without prejudice to the operation of sections 16 and 17 of the Interpretation Act 1978 , the revocation of those regulations shall not affect the validity of any application or appointment made, notice or approval given, licence, certificate or other document granted or issued or other thing done thereunder and any reference in such application, appointment, notice, approval, licence, certificate or other document or thing to a provision of any regulation hereby revoked, whether specifically or by means of a general description, shall, unless the context otherwise requires, be construed as a reference to the corresponding provision of these Regulations.

Section 3 Interpretation

(1) In these Regulations, unless the context otherwise requires, the following expressions have the following meanings—

“appropriate driving test” and “extended driving test” have the same meanings respectively as in section 36 of the Offenders Act ;

“controlled by a pedestrian”, in relation to a vehicle, means that the vehicle either—

is constructed or adapted for use under such control; or

is constructed or adapted for use either under such control or under the control of a person carried on it but is not for the time being in use under, or proceeding under, the control of a person carried on it;

“dual purpose vehicle” means a motor vehicle which is constructed or adapted both to carry or haul goods and to carry more than 8 persons in addition to the driver;

“exempted goods vehicle” and “exempted military vehicle” have the meanings respectively given in regulation 48;

“full”, in relation to a licence of any class, means such a licence granted otherwise than as a provisional licence;

“heavy goods vehicle” has the same meaning as in Part IV of the Traffic Act before it was repealed by section 1 of the Road Traffic (Driver Licensing and Information Systems) Act 1989;

“incomplete large vehicle” means—

an incomplete motor vehicle, typically consisting of a chassis and a complete or incomplete cab, which is capable of becoming, on the completion of its construction, a medium-sized or large goods vehicle or a passenger-carrying vehicle, or

a vehicle which would be an articulated goods vehicle but for the absence of a fifth-wheel coupling;

“large motor bicycle” means—

in the case of a motor bicycle without a side-car, a bicycle the engine of which has a maximum net power output exceeding 25 kilowatts or which has a power to weight ratio exceeding 0.16 kilowatts per kilogram, or

in the case of a motor bicycle and side-car combination, a combination having a power to weight ratio exceeding 0.16 kilowatts per kilogram;

“LGV trainee driver’s licence” has the meaning given in regulation 51;

“licensing authority” means the Secretary of State for Transport;

“maximum authorised mass” has the same meaning—

in relation to goods vehicles as “permissible maximum weight” in section 108(1) of the Traffic Act, and

in relation to any other vehicle or trailer as “maximum gross weight” in regulation 3(2) of the Construction and Use Regulations;

“maximum speed” means the speed which the vehicle is incapable, by reason of its construction, of exceeding on the level under its own power when fully laden;

“maximum net power output” has the same meaning as in section 97 of the Traffic Act;

“mobile project vehicle” means a vehicle which has a maximum authorised mass exceeding 3.5 tonnes, is constructed or adapted to carry not more than 8 persons in addition to the driver and carries principally goods or burden consisting of—

play or educational equipment for children and articles required in connection with the use of such equipment, or

articles required for the purposes of display or of an exhibition,

and the primary purpose of which is use as a recreational, educational or instructional facility when stationary;

“passenger-carrying vehicle recovery vehicle” means a vehicle (not being an articulated goods vehicle combination) which—

has an unladen weight not exceeding 10.2 tonnes,

is being operated by the holder of a PSV operator’s licence, and

is being used for the purpose of—

proceeding to, or returning from, a place where assistance is to be, or has been, given to a damaged or disabled passenger-carrying vehicle; or

giving assistance to or moving a disabled passenger-carrying vehicle or moving a damaged vehicle;

“penalty points” means penalty points attributed to an offence under section 28 of the Offenders Act;

“power to weight ratio” has the same meaning as in section 97 of the Traffic Act;

“practical test” means, where a test is by virtue of these Regulations to be conducted in two parts, the part that consists of the practical test of driving skills and behaviour and includes such a test conducted as part of an extended driving test;

“propelled by electrical power”, in relation to a motor vehicle, means deriving motive power solely from an electrical storage battery carried on the vehicle and having no connection to any other source of power when the vehicle is in motion;

“PSV operator’s licence” and “public service vehicle” have the meanings given by section 82(1) of the 1981 Act;

“standard motor bicycle” means a motor bicycle which is not a large motor bicycle;

“test” means any test of competence to drive conducted pursuant to section 89 of the Traffic Act including an extended driving test;

“the 1981 Act” means the Public Passenger Vehicles Act 1981 ;

“the 1985 Act” means the Transport Act 1985 ;

“the Construction and Use Regulations” means the Road Vehicles (Construction and Use) Regulations 1986 ;

“the Offenders Act” means the Road Traffic Offenders Act 1988;

“the Traffic Act” means the Road Traffic Act 1988;

“theory test” means, where a test is by virtue of these Regulations to be conducted in two parts, the part that consists of the theoretical test and includes such a test conducted as part of an extended driving test;

“traffic commissioner” means, in relation to an applicant for or the holder of a licence, the traffic commissioner in whose area the applicant or holder resides except where these Regulations otherwise provide;

“unitary test” means a test which, by virtue of these Regulations, is to consist of a practical test of driving skills and behaviour and includes such a test conducted as an extended driving test;

“unladen weight” has the same meaning as in regulation 3(2) of the Construction and Use Regulations and, in the case of a vehicle propelled by electrical power, excludes any weight attributable to its batteries;

“vehicle with automatic transmission” means a class of vehicle in which either—

the driver is not provided with any means whereby he may vary the gear ratio between the engine and the road wheels independently of the accelerator and the brakes, or

he is provided with such means but they do not include a clutch pedal or lever which he may operate manually,

(and accordingly a vehicle with manual transmission is any other class of vehicle);

(2) In these Regulations, unless the context otherwise requires—

(a) a reference to a licence being in force is a reference to it being in force in accordance with section 99 of the Traffic Act, save that for the purposes of these Regulations a licence shall be regarded as remaining in force notwithstanding that it is—

(i) surrendered or revoked pursuant to under section 99(3) or (4) of the Traffic Act, or

(ii) treated as revoked by virtue of section 37(1) of the Offenders Act,

and

(b) a reference to the expiry of a licence is a reference to the time at which it ceases to be so in force (and “expired” shall be construed accordingly).

(3) Except where otherwise expressly provided, any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation or Schedule bearing that number in these Regulations, and any reference to a numbered paragraph (otherwise than as part of a reference to a numbered regulation) is a reference to the paragraph bearing that number in the regulation in which the reference occurs.

(4) Where a statement or certificate (but not a distinguishing mark specified in regulation 15) is required under these Regulations to be in a form prescribed herein, the reference is to a certificate or statement in that form (or as nearly in that form as circumstances permit), adapted to the circumstances of the case and duly completed and signed where required.

(5) For the purposes of section 97(3)(d) of the Traffic Act and these Regulations the date of first use of a motor bicycle means—

(a) except in a case to which paragraph (b) applies, the date on which it was first registered under the Roads Act 1920, the Vehicles (Excise) Act 1949 , the Vehicles (Excise) Act 1962 or the Vehicles (Excise) Act 1971 ;

(b) in the case of a motor bicycle which was used in any of the following circumstances before the date on which it was first registered, namely:—

(i) where the bicycle was used under a trade licence as defined in section 16 of the Vehicles (Excise) Act 1971, otherwise than for the purposes of demonstration or testing or of being delivered from premises of the manufacturer by whom it was made, or of a distributor of vehicles or dealer in vehicles to premises of a distributor of vehicles, dealer in vehicles or purchaser thereof, or to premises of a person obtaining possession thereof under a hiring agreement or hire purchase agreement,

(ii) where the bicycle belonged to the Crown and is or was used or appropriated for use for naval, military or air force purposes,

(iii) where the bicycle belonged to a visiting force or a headquarters or defence organisation to which the Visiting Forces and International Headquarters (Application of Law) Order 1965 applied,

(iv) where the bicycle had been used on roads outside Great Britain and was imported into Great Britain, or

(v) where the bicycle had been used otherwise than on roads after being sold or supplied by retail and before being registered,

the date of manufacture of the bicycle.

In this paragraph “sold or supplied by retail” means sold or supplied otherwise than to a person acquiring solely for the purpose of re-sale or re-supply for a valuable consideration.

Section 4 Classification of vehicles

(1) Subject to regulation 5, the licensing authority shall grant licences authorising the driving of motor vehicles in accordance with the categories and sub-categories specified in column (1) and defined in column (2) of Schedule 2 and those categories and sub-categories are designated as groups for the purposes of section 89(1)(b) of the Traffic Act.

(2) In these Regulations, expressions relating to vehicle categories have the following meanings—

(a) any reference to a category or sub-category identified by letter, number or word or by a combination thereof is a reference to the category or sub-category defined in column (2) of Schedule 2 opposite that letter or combination in column (1) of the Schedule,

(b) “sub-category” means, in relation to category A, B, C, C + E, D or D + E, a class of vehicles comprising part of the category and identified as a sub-category thereof in column (2) of Schedule 2, and

(c) unless the context otherwise requires, a reference to a category includes a reference to sub-categories of that category.

Section 5 Classes for which licences may be granted

(1) A licence authorising the driving of motor vehicles of a class included in a category or sub-category mentioned in Part 1 of Schedule 2 may be granted to a person who is entitled thereto by virtue of—

(a) holding or having held a full licence, a full Northern Ireland licence, full British external licence, full British Forces licence, exchangeable licence or Community licence authorising the driving of vehicles of that class, or

(b) having passed a test authorising the driving of motor vehicles of that class or a Northern Ireland or Gibraltar test corresponding to such a test.

(2) A licence authorising the driving of motor vehicles of a class included in any category or sub-category mentioned in Part 2 of Schedule 2 may not be granted to a person unless, at a time before 1st January 1997—

(a) in the case of an application for a full licence—

(i) he held a full licence authorising the driving of vehicles of a class included in that category, or

(ii) he passed a test which at the time it was passed authorised the driving of motor vehicles of that class or a Northern Ireland test corresponding to such a test;

(b) in the case of an application for a provisional licence, he held a provisional licence authorising the driving of vehicles of a class included in that category.

Section 6 Competence to drive classes of vehicle

(1) Where a person holds, or has held, a licence authorising him to drive vehicles of a class included in any category or, as the case may be, sub-category he is deemed competent to drive—

(a) vehicles of all classes included in that category or sub-category unless by that licence he is or was authorised to drive—

(i) only motor vehicles of a specified class within that category or sub-category, in which case he shall be deemed competent to drive only vehicles of that class,

(ii) invalid carriages, in which case he shall be deemed competent to drive only invalid carriages,

(iii) only motor vehicles adapted on account of a disability, in which case he shall be deemed competent to drive only 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),

and

(b) all classes of vehicle included in any other category or sub-category which is specified in column (3) of Schedule 2 as an additional category or sub-category in relation to that category or sub-category unless by that licence he is or was authorised to drive—

(i) only motor vehicles having automatic transmission, in which case he shall be deemed competent to drive only such classes of motor vehicle included in the additional category or sub-category as have automatic transmission,

(ii) only invalid carriages, in which case he shall be deemed competent to drive only invalid carriages,

(iii) only motor vehicles adapted on account of a disability, in which case he shall be deemed competent to drive only such classes of vehicle included in the additional category or sub-category as are so adapted.

(2) A person who has held a full licence to drive vehicles in category C for a period of at least two years may also drive a motor vehicle of a class included in category D which is—

(a) being operated by the holder of a PSV operator’s licence, and

(b) not used for the carriage of any person who is not connected with the operator,

and is either—

(i) damaged or defective and being driven to a place of repair, or

(ii) being road tested following repair.

(3) A person who holds a full licence to drive vehicles in category C may drive a dual purpose vehicle if—

(a) he is a member of the armed forces of the Crown, and

(b) the vehicle is—

(i) adapted to carry not more than 24 persons in addition to the driver, and

(ii) used to carry passengers for naval, military or air force purposes.

(4) A person who is the holder of a full passenger-carrying vehicle driver’s licence may drive a passenger-carrying vehicle recovery vehicle unless by that licence he is or was authorised to drive only passenger-carrying vehicles having automatic transmission, in which case he shall be deemed competent to drive only such passenger-carrying vehicle recovery vehicles as have automatic transmission.

(5) A person may drive an incomplete large vehicle if he holds a licence authorising the driving of motor vehicles of a class included in category B (except a licence authorising only the driving of vehicles in sub-category B1 and B1 (invalid carriages)) unless by that licence he is authorised to drive only motor vehicles having automatic transmission, in which case he shall be deemed competent to drive only incomplete large vehicles having automatic transmission.

(6) A person who is the holder of a full licence authorising the driving of vehicles of a class included in category B (except a licence authorising only the driving of vehicles in sub-category B1 and B1 (invalid carriages)) may drive—

(a) an exempted goods vehicle, other than a passenger-carrying vehicle recovery vehicle, and

(b) an exempted military vehicle,

unless by that licence he is authorised to drive only motor vehicles having automatic transmission, in which case he shall be deemed competent to drive only such vehicles as have automatic transmission.

(7) A person who—

(a) is the holder of a full licence authorising the driving of vehicles of a class included in category B (except a licence authorising only the driving of vehicles in sub-category B1 or B1 (invalid carriages)),

(b) has held that licence for an aggregate period of not less than 2 years, and

(c) is aged 21 or over,

may drive a mobile project vehicle on behalf of a non-commercial body—

(i) to or from the place where the equipment it carries is to be, or has been, used, or the display or exhibition is to be, or has been, mounted, or

(ii) to or from the place where a mechanical defect in the vehicle is to be, or has been, remedied, or

(iii) in such circumstances that by virtue of paragraph 22 of Schedule 2 to the Vehicle Excise and Registration Act 1994 the vehicle is not chargeable with duty in respect of its use on public roads,

unless by that licence he is authorised to drive only vehicles having automatic transmission, in which case he shall be deemed competent to drive only mobile project vehicles having automatic transmission.

(8) A person who—

(a) is the holder of a full licence authorising the driving of vehicles of a class included in category B (except a licence authorising only the driving of vehicles in sub-category B1 or B1 (invalid carriages)),

(b) has held that licence for an aggregate period of not less than 2 years,

(c) is aged 21 or over, and

(d) receives no payment or consideration for so doing, other than out-of-pocket expenses,

may drive, on behalf of a non-commercial body for social purposes but not for hire or reward, a vehicle of a class included in sub-category D1 which has no trailer attached and has a maximum authorised mass—

(i) not exceeding 3.5 tonnes, excluding any part of that weight which is attributable to specialised equipment intended for the carriage of disabled passengers, and

(ii) not exceeding 4.25 tonnes otherwise,

unless by that licence he is authorised to drive only vehicles having automatic transmission, in which case he shall be deemed competent to drive only vehicles of classes included in sub-category D1 having automatic transmission.

(9) A person who is the holder of a full licence authorising the driving of vehicles of a class included in category B (except a licence authorising only the driving of vehicles in sub-category B1 or B1 (invalid carriages)) may drive a vehicle of a class included in category B + E where—

(a) the trailer consists of a vehicle which is damaged or defective and is likely to represent a road safety hazard or obstruction to other road users, and

(b) the vehicle is driven only so far as is reasonably necessary in the circumstances to remove the hazard or obstruction,

unless by that licence he is authorised to drive only motor vehicles having automatic transmission, in which case he shall be deemed competent to drive only such vehicles as have automatic transmission.

Section 7 Minimum ages for holding or obtaining licences

(1) Subsection (1) of section 101 of the Traffic Act shall have effect as if for the classes of vehicle and the ages specified in the Table in that subsection there were substituted classes of vehicle and ages in accordance with the following provisions of this regulation.

(2) In item 3 (motor bicycles), the age of 21 is substituted for the age of 17 in a case where the motor bicycle is a large motor bicycle except in the following cases, namely—

(a) a case where a person who has passed a test for a licence authorising the driving of a motor vehicle of a class included in category A, other than sub-category A1, and a period of two years commencing on the date when the test was passed has elapsed, and

(b) a case where the large motor bicycle—

(i) is owned or operated by the Secretary of State for Defence, or

(ii) is being driven by a person for the time being subject to the orders of a member of the armed forces of the Crown,

and is being used for naval, military or air force purposes.

(3) In item 4 (agricultural and forestry tractors), in the case of an agricultural or forestry tractor which—

(a) is so constructed that the whole of its weight is transmitted to the road surface by means of wheels,

(b) has an overall width not exceeding 2.45 metres, and

(c) is driven either

(i) without a trailer attached to it, or

(ii) with a trailer which has an overall width not exceeding 2.45 metres and is either a two-wheeled or close-coupled four-wheeled trailer,

the age of 16 is substituted for the age of 17 in the case of a person who has passed a test prescribed in respect of category F, or is proceeding to, taking or returning from, such a test.

(4) In item 5 (small vehicles), the age of 16 is substituted for the age of 17 in the case of—

(a) a person to whom an award of the higher rate component of the disability living allowance has been made in pursuance of section 73 of the Social Security Contributions and Benefits Act 1992 (whether before or after his 16th birthday) which is still in force, and

(b) a small vehicle driven without a trailer attached.

(5) In item 6 (medium-sized goods vehicles), the age of 21 is substituted for the age of 18 in the case of a vehicle drawing a trailer where the maximum authorised mass of the combination exceeds 7.5 tonnes.

(6) In item 7 (other vehicles, including large goods and passenger-carrying vehicles), the age of 18 is substituted for the age of 21 in the case of a person driving a small passenger-carrying vehicle which is an ambulance.

(7) In item 7, the age of 18 is substituted for the age of 21 in the case of a motor vehicle and trailer combination which is in sub-category C1 + E and the maximum authorised mass of the combination does not exceed 7.5 tonnes.

(8) In item 7, the age of 18 is substituted for the age of 21 in the case of a person who is a registered employee of a registered employer, in relation to a large goods vehicle which is—

(a) of a class to which his training agreement applies, and

(b) owned or operated by his employer or by a registered LGV training establishment.

(9) In item 7, the age of 18 is substituted for the age of 21 in relation to a passenger-carrying vehicle where—

(a) the driver of the vehicle holds a provisional licence authorising the driving of the vehicle and is not engaged in the carriage of passengers, or

(b) the driver holds a full passenger-carrying vehicle driver’s licence and—

(i) is engaged in the carriage of passengers on a regular service over a route which does not exceed 50 kilometres, or

(ii) where he is not so engaged, is driving a vehicle of a class included in sub-category D1,

and the vehicle is operated under a PSV operator’s licence granted under section 12 of the 1981 Act, a permit granted under section 19 of the 1985 Act or a community bus permit granted under section 22 of that Act.

(10) In items 6 and 7, the age of 17 is substituted for the ages of 18 and 21 respectively in the case of—

(a) motor vehicles owned or operated by the Secretary of State for Defence, or

(b) motor vehicles driven by persons for the time being subject to the orders of a member of the armed forces of the Crown,

when they are being used for naval, military or air force purposes.

(11) In this regulation—

(a) for the purposes of paragraph (3)—

(i) any implement fitted to a tractor shall be deemed to form part of the tractor notwithstanding that it is not a permanent or essentially permanent fixture,

(ii) “close-coupled”, in relation to wheels on the same side of a trailer, means fitted so that at all times while the trailer is in motion the wheels remain parallel to the longitudinal axis of the trailer and that the distance between the centres of their respective areas of contact with the road surface does not exceed 840 millimetres, and

(iii) “overall width”, in relation to a vehicle, means the width of the vehicle measured between vertical planes parallel to the longitudinal axis of the vehicle and passing through the extreme projecting points thereof exclusive of any driving mirror and so much of the distortion of any tyre as is caused by the weight of the vehicle;

(b) for the purposes of paragraph (8), “registered” and “training agreement” have the meanings respectively given in regulation 51;

(c) in paragraph (9), expressions used which are also used in Council Regulation 3820/85/EEC have the same meanings as in that Regulation.

Section 8 Applications for the grant of licences: general

(1) The licensing authority may consider an application for the grant of a licence before the date on which the grant of the licence is to take effect if the application is received by him—

(a) in the case of an application for a Group 2 licence, during the period of three months ending on that date,

(b) in any other case, during the period of two months ending on that date,

and may during such period grant the licence so that it takes effect on that date.

(2) For the purposes of subsection (1A)(b) of section 89 of the Traffic Act the holder of an exchangeable licence satisfies the relevant residence requirement if he has been normally resident in Great Britain for a period of not more than five years.

(3) An applicant for a licence who before the licence is granted is required to satisfy the licensing authority that he has passed a test shall at the time when he applies for the licence deliver to the licensing authority, in support of that application—

(a) a valid certificate furnished under regulation 45(1)(a), or

(b) a certificate corresponding to the certificate mentioned in paragraph (a) furnished under the law of Northern Ireland or Gibraltar, or

(c) where paragraph (2) of regulation 38 applies, certificates furnished under regulations 44(2)(a) and 45(2) which are valid in accordance with regulation 38(3), or

(d) certificates corresponding to the certificates mentioned in paragraph (c) furnished under the law of Northern Ireland.

(4) A person may not present a certificate in support of an application as evidence that he has passed—

(a) a test, a theory test or a practical test, or

(b) a test corresponding to any of those tests conducted under the law of Northern Ireland,

if the applicant took the test in respect of which the certificate was issued at a time when he was ineligible, by virtue of an enactment contained in the Traffic Act or these Regulations or a corresponding provision of the law of Northern Ireland, to take the test to which the certificate relates.

(5) An applicant for a Group 2 licence (as defined in regulation 65) shall, if required to do so by the licensing authority, send in support of his application a report (in such form as the licensing authority may require) signed by a qualified medical practitioner, prepared and dated not more than four months prior to the date on which the licence is to take effect, for the purpose of satisfying the licensing authority that he is not suffering from a relevant or prospective disability.

(6) In this regulation, “Group 2 licence” has the meaning given in regulation 65.

Section 9 Eligibility to apply for provisional licence

(1) Subject to the following provisions of this regulation, an applicant for a provisional licence authorising the driving of motor vehicles of a class included in a category or sub-category specified in column (1) of the table at the end of this regulation must hold a relevant full licence authorising the driving of motor vehicles of a class included in the category or sub-category specified in column (2) of the table in relation to the first category.

(2) Paragraph (1) shall not apply in the case of an applicant who is a full-time member of the armed forced of the Crown.

(3) For the purposes of paragraph (1), a licence authorising the driving only of vehicles in sub-categories D1 (not for hire or reward), D1 + E (not for hire or reward) and C1 + E (8.25 tonnes) shall not be treated as a licence authorising the driving of motor vehicles of a class included in sub-categories D1, D1 + E and C1 + E.

(4) In this regulation, “relevant full licence” means a full licence granted under Part III of the Traffic Act, a full Northern Ireland licence, a full British external licence, a full British Forces licence, an exchangeable licence or a Community licence.

TABLE

Section 10 Restrictions on the grant of large goods and passenger-carrying vehicle drivers' licences

(1) An applicant for a large goods or passenger-carrying vehicle driver’s licence shall not, subject to paragraph (2), be granted a licence if, at the date from which the licence applied for is to take effect, any—

(a) large goods or passenger-carrying vehicle driver’s licence held by him is suspended, or

(b) Northern Ireland large goods or passenger-carrying vehicle driver’s licence held by him is suspended,

under section 115 of the Traffic Act or, as the case may be, under the provision of the law for the time being in force in Northern Ireland corresponding to that enactment.

(2) A person may apply for a large goods vehicle driver’s licence notwithstanding that, at the date from which the licence applied for is to take effect, any passenger-carrying vehicle driver’s licence held by him is suspended and such suspension relates to his conduct other than as a driver of a motor vehicle.

(3) An applicant for an LGV trainee driver’s licence—

(a) must be a registered employee of a registered employer (within the meaning of regulation 51), and

(b) must not be a person who—

(i) has been convicted (or is to be treated as if he had been convicted) of an offence as a result of which the number of penalty points to be taken into account under section 29 of the Offenders Act at the date of the application exceeds three, or

(ii) has at any time been disqualified by a court for holding or obtaining a licence or by a court in Northern Ireland for holding or obtaining a Northern Ireland licence, and

(c) must satisfy the licensing authority that he holds a Certificate of Professional Competence issued by the Road Haulage and Distribution Training Council stating that the applicant has completed a course of induction training in the driving of goods vehicles which meets the requirements of Council Directive 76/914/EEC .

Section 11 Restrictions on the grant of provisional licences to drive motor bicycles

(1) Subject to paragraphs (2) to (4), the licensing authority must refuse to grant a provisional licence authorising the driving of a motor bicycle of any class to a person who was the holder of a previous licence and the licence applied for would come into force within the period of one year beginning at the end of the period for which the previous licence authorised (or would, if not surrendered or revoked, have authorised) the riding of a motor bicycle.

(2) In a case where the applicant’s previous licence was surrendered or revoked under subsection (3) or (4) of section 99 of the Traffic Act before its expiry date, paragraph (1) shall not apply.

(3) In a case where—

(a) the applicant’s previous licence was surrendered or revoked, otherwise than under subsection (3) or (4) of section 99 of the Traffic Act, or treated as being revoked under section 37(1) of the Offenders Act, and

(b) the circumstances mentioned in regulation 14(2)(b) and (c) apply (so that the licensing authority is required to grant a licence which would be in force for a period of less than two years),

the licensing authority must refuse to grant a provisional licence which would come into force within the period of two months commencing on the date of such surrender or revocation.

(4) In a case where—

(a) the applicant’s previous licence was surrendered or revoked, otherwise than under subsection (3) or (4) of section 99 of the Traffic Act, or treated as being revoked under section 37(1) of the Offenders Act, and

(b) the circumstances mentioned in regulation 14(2)(b) and (c) do not apply,

the licensing authority must refuse to grant a provisional licence which would come into force within the period of one year commencing on the date of such surrender or revocation.

Section 12 Fees for licences

(1) An applicant for a licence shall pay a fee (if any) determined in accordance with paragraphs (2) and (3).

(2) The fee payable upon an application for a licence shall, in the case of a licence of a description, and (as the case may be) in the circumstances, specified in column (1) of the table set out in Schedule 3, be the fee specified in relation to that licence in column (2) of that table.

(3) When an application is made for a licence which, but for this paragraph, would attract more than one fee, the only fee payable shall be the highest of the fees specified in that table in relation to that application.

Section 13 Provisional licences: interpretation

(1) In regulations 15 and 16, the following expressions have the following meanings—

“exempted island” means any island outside the mainland of Great Britain from which motor vehicles, unless constructed specially for that purpose, cannot at any time be conveniently driven to a road in any other part of Great Britain by reason of the absence of any bridge, tunnel, ford or other way suitable for the passage of such motor vehicles but excluding any of the following islands, namely, the Isle of Wight, St Mary’s (Isles of Scilly), the islands of Arran, Barra, Bute, Great Cumbrae, Islay, the island which comprises Lewis and Harris, mainland Orkney, mainland Shetland, Mull, the island which comprises North Uist, Benbecula and South Uist and Tiree;

“provisional licence”, in relation to a class of vehicles, includes a full licence which is treated, by virtue of section 98 of the Traffic Act, as authorising its holder to drive vehicles of that class as if he held a provisional licence therefor;

“qualified driver” means—

in the case of the supervision of the driver of a motor vehicle of a class included in category B, other than a vehicle in sub-category B1, by a person whose licence is limited by virtue of a notice served under section 92(5)(b) of the Traffic Act to vehicles of a particular class, a person who holds a full licence authorising him to drive a vehicle of a class included in category B, other than a vehicle in sub-category B1, and who would in an emergency be able to take control of the steering and braking functions of that vehicle,

in any other case, a person who holds—

a full licence (other than an LGV trainee driver’s licence),

a full Northern Ireland licence, or

a Community licence,

authorising him to drive a motor vehicle of the same class as the vehicle being driven by the holder of the provisional licence,

and who is either—

at least 21 years of age and has (unless paragraph (2) applies) held the licence referred to above for an aggregate period of 3 years or more, or

a member of the armed services of the Crown acting in the course of his duties for naval, military or air force purposes.

(2) In the case of the supervision of a driver of a large goods or passenger-carrying vehicle of any class, it shall not be a requirement that he shall have held the licence for an aggregate period of 3 years or more.

Section 14 Duration of provisional licences authorising the driving of motor bicycles

(1) Subject to paragraph (2), there is prescribed for the purposes of section 99(2) of the Traffic Act—

(a) a motor bicycle of any class, and

(b) a period of two years.

(2) There are prescribed for the purposes of section 99(2)(b)(ii) of that Act the circumstances that—

(a) the previous licence was surrendered or revoked, otherwise than under subsection (3) or (4) of section 99 of the Traffic Act, or treated as being revoked under section 37(1) of the Offenders Act,

(b) if it had not been so surrendered or revoked, a period of at least one month, commencing on the date of surrender or revocation, would have elapsed before the previous licence would have expired, and

(c) the licence when granted would come into force within the period of one year beginning on the date of surrender or revocation of the previous licence.

Section 15 Conditions attached to provisional licences

(1) Subject to the following paragraphs of this regulation, the holder of a provisional licence shall comply with the following conditions in relation to motor vehicles of a class which he is authorised to drive by virtue of the provisional licence, that is to say he shall not drive or ride such a motor vehicle—

(a) otherwise than under the supervision of a qualified driver who is present with him in or on the vehicle,

(b) unless a distinguishing mark in the form set out in Part 1 of Schedule 4 is displayed on the vehicle in such manner as to be clearly visible to other persons using the road from within a reasonable distance from the front and from the back of the vehicle, or

(c) while it is being used to draw a trailer.

(2) The condition specified in paragraph (1)(a) shall not apply when the holder of the provisional licence—

(a) is driving a motor vehicle of a class included in sub-category B1 or B1 (invalid carriages) or in category F, G or H which is constructed to carry only one person and not adapted to carry more than one person;

(b) is riding a moped or a motor bicycle with or without a side-car; or

(c) is driving a motor vehicle on a road in an exempted island.

(3) The condition specified in paragraph (1)(b) shall not apply—

(a) when the holder of the provisional licence is driving a motor vehicle on a road in Wales, and

(b) a distinguishing mark in the form set out in Part 2 of Schedule 4 is displayed on the motor vehicle in the manner described in paragraph (1)(b).

(4) The condition specified in paragraph (1)(c) shall not apply to the holder of a provisional licence authorising the driving of a vehicle of a class included in category B + E, C + E, D + E or F, in relation to motor vehicles of that class.

(5) The holder of a provisional licence authorising the driving of—

(a) a moped, or

(b) a motor bicycle with or without a side-car,

shall not drive such a vehicle while carrying on it another person.

(6) The holder of a provisional licence authorising the driving of a moped must, when he is riding the vehicle (unless he is exempt from the requirements imposed by section 97(3)(e) or, as the case may be, section 98(3)(c) of the Traffic Act), be the holder of a valid certificate furnished under regulation 63(1).

(7) The holder of a provisional licence authorising the driving of a large motor bicycle shall not drive such a vehicle otherwise than under the supervision of a certified direct access instructor (within the meaning of regulation 59(2)) who is—

(a) present with him on the road while riding another motor bicycle,

(b) able to communicate with him by means of a radio which is not hand-held while in operation, and

(c) supervising only that person or only that person and another person who holds such a provisional licence,

while he and the instructor are wearing reflective or luminous apparel.

(8) The holder of a passenger-carrying vehicle driver’s provisional licence shall not drive a vehicle which he is authorised to drive by that licence while carrying any passenger in the vehicle other than—

(a) the person specified in paragraph (1)(a), or

(b) a person who holds a passenger-carrying vehicle driver’s licence and either is giving or receiving instruction in the driving of passenger-carrying vehicles, or has given or received, or is to give or receive, such instruction.

(9) The conditions specified in paragraphs (1)(a), (7) and (8) shall not apply when the holder of the provisional licence is undergoing a test.

(10) The conditions specified in paragraphs (1), (5), (6), (7) and (8) shall not apply in relation to the driving of motor vehicles of a class in respect of which the provisional licence holder has been furnished with a valid certificate under regulation 45(1)(a) or, as the case may be, certificates under regulations 44(2)(a) and 45(2) stating that he has passed a test for the grant of a licence authorising him to drive vehicles of that class.

(11) In the case of an LGV trainee driver’s licence, this regulation shall apply as modified by regulation 51.

Section 16 Conditions attached to provisional licences: holders of driving permits other than licences granted under Part III of the Traffic Act

A holder of a provisional licence authorising the driving of vehicles of any class who also holds a permit by virtue of which he is at any time—

(a) treated, by virtue of regulation 74, as the holder, for the purposes of section 87 of the Traffic Act, of a licence authorising the driving of vehicles of that class, or

(b) entitled, pursuant to article 2(1) of the Motor Vehicles (International Circulation) Order 1975 , to drive motor vehicles of that class,

need not comply with regulation 15 at that time.

Section 17 Full licences not carrying provisional entitlement

(1) Section 98(2) of the Traffic Act shall not apply to a licence—

(a) which authorises the driving only of motor vehicles adapted on account of a disability, whether pursuant to an application in that behalf made by the holder of the licence or pursuant to a notice served under section 92(5)(b) of the Traffic Act;

(b) in so far as it authorises its holder to drive vehicles of a class included in category B + E, C + E, D + E, K or P or sub-category B1 (invalid carriages), C1, C1 + E, C1 + E (8.25 tonnes), D1 (not for hire or reward), D1 + E or D1 + E (not for hire or reward).

(2) Subject to the following provisions of this regulation, the holder of a full licence authorising him to drive motor vehicles of a class included in a category or sub-category specified in column (1) of the table at the end of this regulation may drive—

(a) in a case where the full licence authorises only the driving of vehicles with automatic transmission, motor vehicles of all classes included in that category or sub-category which have manual transmission, and

(b) motor vehicles of all classes included in a category or sub-category specified, in relation to that category or sub-category, in column (2) of the table,

as if he were authorised by a provisional licence to do so and the application of section 98(2) of the Traffic Act to those classes of vehicle is limited accordingly.

(3) In the case of a licence which authorises the driving only of—

(a) motor bicycles of a class included in sub-category A1, or

(b) standard motor bicycles,

section 98(2) shall not apply so as to authorise the driving of a large motor bicycle by a person under the age of 21.

(4) In the case of a provisional large goods vehicle driver’s licence, this regulation shall apply as modified by regulation 51.

TABLE

Section 18 Signature of licences

Every person to whom a licence is granted shall forthwith sign it in ink with his usual signature.

Section 19 Lost or defaced licences

(1) If the holder of a licence—

(a) satisfies the licensing authority that—

(i) the licence or its counterpart has been lost or defaced; and

(ii) the holder is entitled to continue to hold the licence; and

(b) pays the fee prescribed by regulation 12,

the licensing authority shall, on surrender of any licence or counterpart that has not been lost, issue to him a duplicate licence and counterpart and shall endorse upon the counterpart any particulars endorsed upon the original licence or counterpart as the case may be and the duplicates so issued shall have the same effect as the originals.

(2) If at any time while a duplicate licence is in force the original licence is found, the person to whom the original licence was issued, if it is in his possession, shall return it to the licensing authority, or if it is not in his possession, but he becomes aware that it is found, shall take all reasonable steps to take possession of it and if successful shall return it as soon as may be to the licensing authority.

(3) The obligation in paragraph (2) shall apply in respect of the counterpart of a licence as if for the words “original licence” in each place where they occur there were substituted the words “original counterpart”.

Section 20 Interpretation of Part III

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;

“appointed person” means a person appointed by the licensing authority to conduct theory tests under paragraph (1)(a)(ii) or (2)(a) of regulation 22;

“DSA Examiner” means a person appointed by the licensing authority to conduct practical or unitary tests under paragraph (1)(a) or (2)(a) of regulation 21;

“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 A or P, including an establishment which provides tuition to prepare persons for the theory test;

“standard access period” means the period of two years commencing on the date when a person passes a test for a licence authorising the driving of standard motor bicycles of any class other than a class included in sub-category A1 but disregarding any period during which—

the person is disqualified,

the licence has ceased to be in force otherwise than by revocation on account of an error or omission in its particulars or surrender under section 99(4) of the Traffic Act;

“working day” means a day other than a Saturday, 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 the Bank and Financial Dealings Act 1971 ).

Section 21 Persons by whom practical and unitary tests may be conducted

(1) Practical and unitary tests other than tests conducted for the purposes specified in paragraph (2) may, subject to the following provisions of this regulation, be conducted by the following persons—

(a) a person in the public service of the Crown appointed by the licensing authority;

(b) a person or a class of persons appointed by the Secretary of State for Defence, for the purpose of testing members of the armed forces of the Crown and persons in the public service of the Crown under his department;

(c) in England and Wales, a person appointed by the chief officer of any fire brigade maintained in pursuance of the Fire Services Act 1947 or, in Scotland, by the firemaster of such a brigade, for the purpose of testing members of any such brigade or of persons employed in the driving of motor vehicles for the purposes of any such brigade;

(d) a person appointed by any chief officer of police, for the purpose of testing—

(i) members of a police force; or

(ii) persons employed in the driving of motor vehicles for police purposes by a police authority or by the Receiver for the Metropolitan Police District;

(e) a person appointed by the Commissioner of Police of the Metropolis, for the purpose of testing any person who is the holder of or is an applicant for a licence to drive a motor cab by virtue of the Metropolitan Public Carriage Act 1869 ;

(f) a person appointed by a company which—

(i) has been approved by the licensing authority, and

(ii) normally employs for the purpose of its operations in excess of 250 persons as drivers of motor vehicles,

for the purpose of testing persons employed by it as drivers or persons whom it proposes so to employ;

(g) an eligible person appointed by a company which—

(i) has been approved by the licensing authority, 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.

(2) Where the person submitting himself for a test is disqualified until he passes the appropriate driving test, a practical or unitary test shall be conducted by—

(a) a person in the public service of the Crown appointed by the licensing authority, or

(b) a person or a class of persons appointed by the Secretary of State for Defence, for the purpose of testing members of the armed forces of the Crown and persons in the public service of the Crown under his department.

(3) No person shall be eligible to appoint any person or class of persons to conduct practical or unitary tests under the provisions of sub-paragraphs (b), (c), (d), (f) or (g) 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 licensing authority is satisfied that—

(a) proper arrangements will be made by that person, or by the members of that class, 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.

(4) No person or class of persons appointed under the provisions of sub-paragraph (b), (c), (d), (f) or (g) of paragraph (1) or under paragraph (2)(b) may conduct tests unless the licensing authority has given his approval in writing to his appointment and such approval shall be granted only if the licensing authority 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 ability to drive vehicles of the class in respect of which he is appointed to conduct tests.

(5) 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.

(6) In this regulation and regulation 22—

“company” includes a body corporate;

“eligible candidate” means—

a person who is employed as a driver by the company which holds the PSV operator’s licence or by a sister company of that company which also holds a PSV operator’s licence, or

a person whom any such company as is mentioned in sub-paragraph (i) proposes to employ as a driver;

“eligible person” means a person employed by the company which holds the PSV operator’s licence or by a sister company of that company which also holds a PSV operator’s licence,

and 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 .

Section 22 Persons by whom theory tests may be conducted

(1) Theory tests other than tests conducted for the purposes specified in paragraph (2) may be conducted by the following persons—

(a) a person appointed in writing by the licensing authority—

(i) for the purpose of testing a class of persons specified in the instrument of appointment, or

(ii) where no class of persons is specified, for the purpose of testing persons generally;

(b) a person or a class of persons appointed by the Secretary of State for Defence, for the purpose of testing members of the armed forces of the Crown and persons in the public service of the Crown under his department;

(c) a person appointed by any chief officer of police, for the purpose of testing—

(i) members of a police force; or

(ii) persons employed in the driving of motor vehicles for police purposes by a police authority or by the Receiver for the Metropolitan Police District;

(d) in England and Wales, a person appointed by the chief officer of any fire brigade maintained in pursuance of the Fire Services Act 1947 or, in Scotland, by the firemaster of such a brigade, for the purpose of testing members of any such brigade or of persons employed in the driving of motor vehicles for the purposes of any such brigade;

(e) an eligible person appointed by a company which—

(i) has been approved by the licensing authority, and

(ii) is the holder of a PSV operator’s licence,

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

(b) a person appointed by the Secretary of State for Defence, for the purpose of testing members of the armed forces of the Crown and persons in the public service of the Crown under his department.

(3) No person shall be eligible to appoint any person or class of persons to conduct theory tests under the provisions of sub-paragraphs (b), (c), (d) or (e) of paragraph (1) or under paragraph (2)(b) unless, following an application made to him for the purpose of either of those sub-paragraphs, the licensing authority is satisfied that—

(a) proper arrangements will be made by that person, or by the members of that class, 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.

(4) No person or class of persons may be appointed under the provisions of paragraph (b), (c), (d) or (e) of paragraph (1) or under paragraph (2)(b) unless the person making the appointment has appointed a person or class of persons to conduct practical tests under the provisions of regulation 21(1) and the licensing authority has approved that appointment.

(5) An appointment made under paragraph (1)(a)(ii) may be made subject to such conditions as are, in the opinion of the licensing authority, reasonably necessary in the general interests of candidates and where an appointed person breaks such a condition the licensing authority may appoint another person to carry out theory tests in substitution for that person notwithstanding that the first appointment has not been revoked.

(6) 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.

(7) No person appointed by virtue of sub-paragraph (b), (c), (d) or (e) of paragraph (1) or under paragraph (2)(b) may conduct tests unless the licensing authority has given his approval in writing to his appointment and such approval shall be granted only if the licensing authority 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 ability to drive vehicles of the class in respect of which he is appointed to conduct tests.

Section 23 Revocation of authority to conduct tests

(1) The licensing authority may revoke—

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

(b) an approval given under regulation 21(3) or (4) or 22(3) or (7),

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 unitary, practical 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 21(3) or 22(3) is withdrawn, that person shall immediately return to the licensing authority all forms of pass certificates supplied to him under regulation 44(8) which he still holds.

Section 24 Applications for practical and unitary tests: applicants in person

(1) An applicant in person wishing to take a practical or unitary test to be conducted by a DSA examiner shall—

(a) apply for an appointment for such a test to the licensing authority,

(b) provide the licensing authority 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 licensing authority may reasonably require, and

(c) pay such fee as is specified in regulation 27.

(2) Upon receipt of such details and such fee the licensing authority shall make the arrangements necessary for the taking of the appropriate test.

(3) An applicant in person for whom an appointment is made as aforesaid in respect of a class of motor vehicle in any category may neither apply as an applicant in person nor be nominated by virtue of regulation 25 or 26 of a further appointment for a practical or, as the case may be, a unitary test on a vehicle of the same class 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).

Section 25 Applications for practical tests: motor bicycle instructors

(1) A motor bicycle instructor who wishes to make an appointment for a practical test prescribed in respect of category A or P which is to be conducted by a DSA examiner and taken by a person who has, or will have, received from that instructor instruction in the driving of vehicles of a class included in either category shall—

(a) apply for such an appointment to the licensing authority, specifying the date and time for 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—

(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 licensing authority may reasonably require, and

(c) pay such fee (recoverable from the person nominated under paragraph (4)) as is specified in regulation 27.

(2) The licensing authority may refuse to accept an application from a motor bicycle 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 licensing authority, 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 licensing authority shall confirm to the motor bicycle instructor the date and time of the appointment.

(4) If, before the expiration of the qualifying period, the licensing authority receives from the motor bicycle 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 licensing authority may reasonably require, the licensing authority 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 a practical test in respect of any class of motor vehicle included in category A or P may neither be so nominated nor apply under regulation 24 for a further appointment for a test 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 midday on the day which is two working days before the day for which the appointment is made.

Section 26 Applications for practical tests: large vehicle instructors

(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 DSA 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) apply for such an appointment to the licensing authority, specifying the date and time for 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—

(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 licensing authority may reasonably require, and

(c) pay such fee (recoverable from the person nominated under paragraph (4)) as is specified in regulation 27.

(2) The licensing authority 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 licensing authority, it is reasonably necessary to do so in the general interests of applications for practical or unitary tests.

(3) Subject to paragraphs (2) and (5), upon receipt of such details and such fee the licensing authority shall confirm to the large vehicle instructor the date and time of the appointment.

(4) If, before the expiration of the qualifying period, the licensing authority 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 licensing authority may reasonably require, the licensing authority 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 24 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 midday on the day which is two working days before the day for which the appointment is made.

Section 27 Fees in respect of practical or unitary tests

(1) No fee shall be payable in respect of a practical or unitary test conducted by a person appointed under sub-paragraphs (b), (c), (d), (f) or (g) or under paragraph (2)(b) of regulation 21(1).

(2) Subject to paragraph (4), the fee payable in respect of a practical or unitary test to be conducted by a DSA examiner (other than a test which is, or forms part of, an extended driving test) for a licence authorising the driving of a motor vehicle of a class included in a category or sub-category specified in column (1) of the Table in Schedule 5 is the fee specified in relation to that category or sub-category in column (2) of that Table.

(3) Subject to paragraph (4), the fee (if any) payable in respect of a practical or unitary test to be conducted by a DSA examiner which is, or forms part of, an extended driving test for a licence authorising the driving of a motor vehicle of a class included in a category or sub-category specified in column (1) of the Table in Schedule 5 is the fee specified in relation to that category or sub-category in column (3) of that Table.

(4) Where an appointment for a practical test to commence during normal hours is cancelled by or on behalf of the licensing authority and the appointment cannot reasonably be rearranged so that the test commences during normal hours, the applicant shall pay the fee prescribed for a test commencing during normal hours notwithstanding that it commences out of hours.

(5) For the purposes of this regulation and Schedule 5, a test commences—

(a) during normal hours, if the time for which the test appointment is made is any time between 0830 hours and 1630 hours on a working day, and

(b) out of hours, if the time for which the test appointment is made is any other time.

(6) The fee payable in respect of a test for driving a motor cab to be conducted by a person appointed by the Commissioner of Police of the Metropolis pursuant to regulation 21(1)(e) is £28.50 and that fee shall be paid to the person conducting the test to be retained by him as remuneration.

Section 28 Applications for theory tests: applicants in person

(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) pay the fee (if any) specified in regulation 31.

(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 regulation 29 or 30 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).

Section 29 Applications for theory tests: motor bicycle instructors

(1) A motor bicycle instructor who wishes to make an appointment for a theory test prescribed in respect of motor vehicles in category A or P 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,

(c) pay the fee, if any, specified in regulation 31 which is recoverable from the person nominated under paragraph (4).

(2) The appointed person may refuse to accept an application from a motor bicycle instructor (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 practical or unitary tests.

(3) Subject to paragraphs (2) and (5), upon receipt of such details and such fee the appointed person shall confirm to the motor bicycle instructor the date and time of the appointment.

(4) If, before the expiration of the qualifying period, the appointed person receives from the motor bicycle instructor the name and such further details relating to—

(a) the person receiving tuition from that instructor who will at the appointment submit himself for that test and

(b) the nature of the test,

as the appointed person may reasonably require, the appointed person 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 a theory test in respect of motor vehicles in category A or P may neither be so nominated nor apply under regulation 28 for a further appointment for such a test 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 on the day which is three clear working days before the day for which the appointment is made.

Section 30 Applications for theory tests: large vehicle instructors

(1) A large vehicle instructor who wishes to make an appointment for a theory test prescribed in respect of motor vehicles in category C or D 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,

(c) pay the fee, if any, specified in regulation 31, which is recoverable from the person nominated under paragraph (4).

(2) The appointed person 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 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 theory tests.

(3) Subject to paragraphs (2) and (5), upon receipt of such details and such fee the appointed person shall confirm to the large vehicle instructor the date and time of the appointment.

(4) If, before the expiration of the qualifying period, the appointed person receives from the large vehicle instructor the name and such further details relating to—

(a) the person receiving tuition from that instructor who will at the appointment submit himself for that test, and

(b) the nature of the test,

as the appointed person may reasonably require, the appointed person 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 theory test prescribed in respect of any category may neither be so nominated nor apply under regulation 28 for a further appointment for such a test 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 ending on the day which is three clear working days before the day for which the appointment is made.

Section 31 Fees for theory tests

The fee payable for a theory test to be conducted by an appointed person in respect of any category of motor vehicle is £15 and is payable to the licensing authority and no fee is payable in respect of any other theory test.

Section 32 Cancellation of tests

For the purposes of section 91(b) of the Traffic Act (which section specifies the cases in which a fee paid on an application for an appointment for a test may be repaid) notice cancelling an appointment—

(a) for a practical or unitary test to be conducted by a DSA examiner must be given to the licensing authority not less than ten clear working days before the day for which the appointment is made;

(b) for a theory test to be conducted by an appointed person must be given not less than three clear working days before the day for which the appointment is made.

Section 33 Vehicles suitable for test

(1) Subject to paragraph (2), a practical or unitary test prescribed in respect of a category or sub-category shown in column (1) of the table at the end of this regulation shall be conducted in a vehicle having a specification equivalent to or (other than in the case of a test in respect of category F, G, H, K or P) higher than that shown in relation to that category or sub-category in column (2) of the table.

(2) Where an application for a practical test prescribed in respect of category A contains a declaration that the applicant is suffering from a relevant disability of such a nature that he is unable to ride a motor bicycle without a side-car, the applicant shall take the test on a motor bicycle and side-car combination having the following specification—

(a) in the case of a test for a licence authorising the driving of a large motor bicycle and side-car combination, a combination in which the bicycle has a maximum net power output of not less than 35 kilowatts, and

(b) in the case of a test for a licence authorising the driving of a standard motor bicycle and side-car combination, a combination which has a power to weight ratio not exceeding 0.16 kw/kg.

(3) A person submitting himself for a practical or unitary test shall provide a vehicle which—

(a) corresponds to the specification referred to in paragraph (1) or (2), as the case may be;

(b) is not fitted with a device designed to permit a person other than the driver to operate the accelerator, unless any pedal or lever by which the device is operated and any other parts which it may be necessary to remove to make the device inoperable by such a person during the test have been removed;

(c) in the case of a test prescribed in respect of category B + E, C, C + E, D or D + E—

(i) is not carrying goods or burden other than fixed items which are characteristic of the class to which it belongs, and

(ii) is fitted with a seat which is firmly secured to the vehicle and in such a position that the examiner can properly conduct the test and is protected from bad weather during the test;

(d) in the case of a test prescribed in respect of category D, is so constructed that the examiner can, from the deck of the vehicle on which the driver is seated, clearly observe the road to the rear of the vehicle without the use of any optical device, unless—

(i) the construction of the vehicle makes it impossible to fulfil that requirement, and

(ii) the examiner consents to the requirement not being complied with in consequence of an arrangement to conduct part of the test elsewhere than on a road;

(e) in the case of a test prescribed in respect of category B + E, C + E, or D + E, is fitted with linkage and braking mechanisms which are designed for use when the trailer is fully laden; and

(f) is reasonably representative of the class to which it belongs and is otherwise suitable for the purposes of the test.

(4) In the table at the end of this regulation, “minimum test vehicle” means, in relation to any category or sub-category, a vehicle of a specification shown in relation to the category or sub-category in column (2) of the table.

TABLE

Either–

an articulated goods vehicle combination having a maximum authorised mass of 18,000 kilograms and a length of 12 metres which is capable of a speed of 80 kilometres per hour, or

a combination of a minimum test vehicle for category C and a trailer having a length of 4 metres and a maximum authorised mass of 4 tonnes, which has, in aggregate, a maximum authorised mass of 18,000 kilograms and an overall length of 12 metres and which is capable of a speed of 80 kilometres per hour.

Section 34 Further requirements at tests

(1) No person shall submit himself for a theory test, practical test or unitary test unless he satisfies the residence requirement specified in section 89(1A) of the Traffic Act and where any question arises as to whether a person is normally resident in Great Britain or the United Kingdom (as the case may be) he shall be deemed to be normally resident there if he shows that he will have lived there for not less than 185 days during the period of 12 months ending on the day for which the test appointment is made.

(2) A person submitting himself for a theory test shall—

(a) before the test commences—

(i) except in a case to which paragraph (5) applies, produce to the person conducting the test an appropriate licence authorising him to drive a motor vehicle of a class included in the category or sub-category in respect of which the test is to be taken,

(ii) in the case of a person who produces an appropriate licence which does not contain his photograph, produce to the person conducting the test one of the documents listed in Schedule 6 as evidence of his identity, and

(iii) sign a record of his attendance at the test;

(b) during the test comply with all reasonable instructions given by the invigilator for the purpose of ensuring the proper and orderly conduct of the test.

(3) A person submitting himself for a practical test on a motor vehicle of a class included in any category shall, except in a case where—

(a) he has made an election in accordance with regulation 38(2),

(b) he is exempt from the requirement to pass a theory test by virtue of regulation 39, or

(c) by virtue of regulation 36(3), no theory test is prescribed for that class,

produce to the person conducting the test before the test commences a valid certificate furnished under regulation 44(2)(a) showing that he has passed the theory test prescribed in respect of the same category or a valid certificate corresponding to such a certificate furnished under the law of Northern Ireland.

(4) A person submitting himself for a practical or unitary test shall, before the test commences—

(a) except in a case to which paragraph (5) applies, produce to the person conducting the test an appropriate licence authorising him to drive a motor vehicle of the class on which the test is to be taken,

(b) in the case of a person who produces an appropriate licence which does not contain his photograph, produce to the person conducting the test one of the documents listed in Schedule 6 as evidence of his identity, and

(c) sign, on the Driving Test Report Form produced to him by the person conducting the test, a declaration to the effect that there is in force, in relation to the use of the vehicle provided for the purposes of the test, a policy of insurance which complies with the requirements of Part VI of the Traffic Act.

(5) In the case of an applicant who is a full time member of the armed forces of the Crown (to whom the provisions of regulation 9(2) do not apply), he shall before the commencement of a theory test or, as the case may be, a practical or unitary test prescribed in respect of a category specified in column (1) of the table at the end of regulation 9 satisfy the examiner that he has passed the test prescribed in respect of the category specified in column (2) of the table in relation to the first category.

(6) A person submitting himself for a practical test for a licence authorising the driving of a motor vehicle of a class included in category A or P shall before the test commences, unless he is exempt from the requirement imposed by section 89(2A) of the Traffic Act, produce to the examiner a valid certificate furnished under regulation 63(1).

(7) A person submitting himself for a practical or a unitary test shall, during the test—

(a) except where the test is for a licence authorising him to drive a motor vehicle of a class included in category A, G, H or P or a motor vehicle in sub-category B1 or B1 (invalid carriages) which has no seat other than the driver’s seat, allow to travel in the vehicle—

(i) the person authorised to conduct the test; and

(ii) any person authorised by the licensing authority to attend the test for the purpose of supervising it or otherwise;

(b) where the test is for a licence authorising him to drive a motor vehicle of a class included in category A, G, H or P or a motor vehicle in sub-category B1 or B1 (invalid carriages) which has no seat other than the driver’s seat, allow the attendance of—

(i) the person authorised to conduct the test; and

(ii) any person authorised by the licensing authority for the purpose of supervising the test or otherwise.

(8) In this regulation and regulation 35—

“appropriate licence” means a licence, other than an excepted provisional licence, which—

is valid at the date of the test,

bears the signature of the person who has submitted himself for the test, and

is either—

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

a full licence which by virtue of section 98(2) of the Traffic Act and regulation 17, 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

a Northern Ireland licence corresponding to either of those licences.

“excepted provisional licence” means a licence which—

was in force at a time before 1st January 1997, and

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, D1 (not for hire or reward), D1 + E (not for hire or reward) and C1 + E (8.25 tonnes),

but does not include a licence which was granted to a person to whom the provisions of regulation 9(1) do not apply by virtue of paragraph (2) of that regulation.

Section 35 Examiner’s right to refuse to conduct test

(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 34(2), or

(b) a practical or unitary test fails to satisfy the person authorised to conduct it that he has complied with any requirement imposed by regulation 33(2) or (3) or regulation 34(3), (4), (5) or (6)

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

(2) Where a person who has submitted himself for—

(a) a practical test fails to produce a document required to be produced under regulation 34(3) or (6), or

(b) a practical or unitary test fails to produce an appropriate licence as required under regulation 34(4)(a),

if the person authorised to conduct the test is satisfied from other evidence that the document in question exists he may conduct the test.

(3) Where a person with special needs has failed to give to the person conducting a theory test such notice of those needs (being not less than 15 working days) as he may reasonably require the person authorised to conduct the test may refuse to do so.

(4) Where a person who requires the assistance of an interpreter at the theory test attends at the test with an interpreter who is—

(a) not approved by the licensing authority to act as such, or

(b) with whom the test candidate is acquainted,

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

(5) In this regulation, “special needs” means a reasonable requirement for special treatment during the test arising by virtue of—

(a) the test not being available in a language which the test candidate understands,

(b) the test candidate having reading difficulties, or

(c) the test candidate being physically disabled.

Section 36 Nature of tests other than extended tests

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

(2) Subject to regulation 39, 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 theoretical test, 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 but not the driving of any other vehicles included in category C, shall consist of the theory test prescribed in respect of category C and the practical test prescribed in respect of category C + E, and

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

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

(a) the theory test if he satisfies the person conducting it that he has a knowledge and sound understanding of the specified matters;

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

(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 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.

(6) 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

(b) the time during which that person is required to drive on roads is—

(i) in the case of a test for a licence authorising the driving of a class of vehicle included in category B + E, C, C + E, D or D + E, not less than 50 minutes;

(ii) in the case of any other test, not less than 25 minutes.

(7) The theory test shall—

(a) be conducted as a written examination consisting of—

(i) 25 questions in the case of the tests prescribed in respect of categories C and D, and

(ii) 35 questions in any other case,

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;

(b) have a duration of 40 minutes or, in the circumstances specified in paragraph (8), 80 minutes.

(8) The circumstances referred to in paragraph (7) are that the candidate requires the assistance of a suitably qualified person at the test by virtue of having reading difficulties.

(9) 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.

(10) 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

Section 37 Nature of extended driving tests

(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 (10) of regulation 36 as modified by virtue of paragraph (2) of this regulation.

(2) For the purpose of an extended driving test, regulation 36 shall apply as if for paragraph (5)(b) there were substituted—

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

Section 38 Order of test

(1) Where a test is required to be conducted in two parts, unless he makes an election in accordance with paragraph (2), a person taking the test—

(a) must pass the theory test before he takes 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 25(4) or 26(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 certificate under regulation 44(2)(a) stating that he has passed the relevant theory test, 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.

(2) A person may elect to apply for a practical test for a licence authorising the driving of a motor vehicle of any class, other than motor bicycles which are large motor bicycles or fall within sub-category A1, before he has been furnished with such certificate as is referred to in paragraph (1)(b) if the application is for an appointment for a test to be taken on or before—

(a) 31st December 1996, in the case of a test for a licence authorising the driving of motor vehicles of any other class included in category A, B or P

(b) 30th June 1997 in the case of a test for a licence authorising the driving of motor vehicles of a class included in any other category,

and where he passes that practical test on or before that date the following paragraphs shall apply.

(3) He may not submit the certificate furnished under regulation 45(2) in respect of that practical test, in support of an application for a licence, as evidence that he has passed a test unless it is accompanied by—

(a) a certificate furnished under regulation 44(2) stating that he has, during the relevant period, passed the relevant theory test; or

(b) 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.

(4) If he does not pass the relevant theory test during the relevant period, the passing of the practical test shall from the expiration of that period be disregarded for the purposes of regulations 15(10), 36 and 37.

(5) In this regulation

“the relevant theory test” means the theory test prescribed in respect of the category which includes the class of motor vehicle on which the practical test was taken;

“the relevant period” means the period commencing with the date on which the practical test is passed and ending on the date—

which falls 6 months later, or

on which the person who took the practical test 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.

Section 39 Exemption from theory test

(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) on or after 1st July 1996, he has passed the test prescribed in respect of category P;

(b) on or after 1st January 1997, he has passed a test prescribed in respect of motor vehicles of another class included in category A;

(c) he has passed a test prescribed in respect of category B and is a full-time member of the armed forces of the Crown;

(d) he holds a full licence authorising the driving of motor vehicles of a class included in category B;

(e) he has passed a Northern Ireland test of competence or is the holder of a Northern Ireland licence corresponding to any of those tests or that licence.

(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—

(a) on or after 1st July 1996, he has passed the test prescribed in respect of category P;

(b) he has passed a test prescribed in respect of motor vehicles of another class included in category B;

(c) he has passed a test prescribed in respect of motor vehicles of a class included in category A and is a full-time member of the armed forces of the Crown;

(d) he holds a full licence authorising the driving of motor vehicles of a class included in category A;

(e) he has passed a Northern Ireland test of competence or is the holder of a Northern Ireland licence corresponding to any of those tests or that licence.

(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) on or after 1st January 1997, he has passed a test prescribed in respect of motor vehicles of another class included in category C;

(b) 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;

(c) he has passed a Northern Ireland test of competence corresponding to that test or is the holder of a Northern Ireland licence corresponding to that licence.

(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) on or after 1st January 1997, he has passed a test prescribed in respect of motor vehicles of another class included in category D;

(b) 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;

(c) he has passed a Northern Ireland test of competence corresponding to that test or is the holder of a Northern Ireland licence corresponding to that licence.

(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 day following the date on which 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 certificate under section 3 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.

Section 40 Entitlement upon passing a test other than an appropriate driving test

(1) Where a person passes a test prescribed in respect of a class of motor vehicle included in any category or sub-category (or a Northern Ireland test of competence corresponding to that test) the licensing authority sghall grant to him a licence in accvordance with paragraphs (2), (3) and (4).

(2) Subject to regulation 41, the licence shall authorise the driving of all classes of motor vehicle included in that category or sub-category unless—

(a) the test or, as the case may be, the practical test 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 practical test is passed on an invalid carriage, in which case it shall authorise the driving only of invalid carriages;

(c) the test or, as the case may be, the practical test 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) The licence shall in addition authorise the driving of all classes of motor vehicle included in a category or sub-category which is specifiied in column (3) of Schedule 2 as in additional category or sub-category in relation to a category or sub-category specified in column (1) of that Schedule unless—

(a) the test or, as the case may be, the practical test 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 the additional category or sub-category as have automatic transmission;

(b) the practical test is passed on an invalid carriage, in which case it shall authorise the driving only of invalid carriages;

(c) the test or, as the case may be, the practical test 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.

Section 41 Entitlement upon passing a test other than an appropriate driving test: category A

(1) This regulation applies where—

(a) a person passes 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, and

(b) the practical test is passed on or after 1st January 1997.

(2) Where this regulation applies the licensing authority shall grant to the person who passed the test—

(a) in a case where he has passed the practical test (or the Northern Ireland test of competence corresponding to the 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 paragraph (3), in a case where the practical test (or the Northern Ireland test of competence corresponding to the 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 practical test (or the Northern Ireland test of competence corresponding to the 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 practical test (or the Northern Ireland test of competence corresponding to the 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.

Section 42 Upgrading of entitlements by virtue of passing second test

(1) A person who has passed tests prescribed in respect of—

(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 paragraph (2), 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 prescribed in respect of—

(a) a category or sub-category specified in column (A) of Table B in Schedule 9 which authorises the driving only of classes of vehicle having automatic transmission, and

(b) a category or sub-category specified at the top of one of the columns in that table numbered (1) to (8), which authorises the driving of vehicles with manual transmission,

is deemed, subject to paragraph (7), 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 in relation to the relevant test pass mentioned in column (A).

(4) In the case of a person who has passed a test for a licence authorising the driving of any class of vehicles in category D not more than 5.5 metres in length, Tables A and B shall be read as if—

(a) for “D” there were substituted “vehicles in category D not more than 5.5 metres in length”, and

(b) for “D + E” there were substituted “vehicles in category D + E where the tractor vehicle is not more than 5.5 metres in length”,

in each case where those expressions occur.

(5) In the case of a person who holds a licence which, by virtue of these Regulations, authorises the driving of a class of vehicles in category D otherwise than for hire or reward (notwithstanding that he may not have passed a test authorising the driving of such vehicles), 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 of vehicles in category C + E which are drawbar trailer combinations, Tables A and B shall be read as if, in the relevant columns of those tables—

(a) for “C + E” there were substituted “vehicles in category C + E which are drawbar trailer combinations”, and

(b) for “C1 + E” there were substituted “vehicles in sub-category C1 + E which are drawbar trailer combinations”.

(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 B, 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—

(a) has passed a test prescribed in respect of category B, or

(b) is the holder of a licence, which was in force at a time before 1st January 1997, authorising the driving of motor vehicles of classes 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 is limited to classes of vehicle having automatic transmission, passes a test prescribed in respect of category B + E, C or D which authorises the driving of vehicles with manual transmission, he is deemed competent to drive vehicles in category B and B + E (and, in the case mentioned in sub-paragraph (b), vehicles 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) 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.

Section 43 Entitlement upon passing an appropriate driving test

(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 prescribed in respect of a class of motor vehicles included in any category or sub-category,

the disqualification shall, subject to paragraph (6), be deemed to have expired in relation to that class and such other classes of motor vehicles as are specified in paragraphs (2), (3), (4) and (5).

(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 or, as the case may be, the practical test 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 practical test is passed on an invalid carriage, in which case the disqualification shall be deemed to have expired in relation only to invalid carriages;

(c) the test or, as the case may be, the practical test 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) the test or, as the case may be, the practical 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 the additional category or sub-category as have automatic transmission;

(b) the practical test is passed on an invalid carriage, in which case the disqualification shall be deemed to have expired only in relation to invalid carriages;

(c) the test or, as the case may be, the practical test, 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 regulation 41(2)(b) or (d), and

(b) the standard access period has not expired,

the disqualification shall not, by virtue of paragraph (2), be deemed to have expired—

(i) in a case to which regulation 41(2)(b) applies, in relation to large motor bicycles, or

(ii) in a case to which regulation 41(2)(d) applies, in relation to large motor bicycle and side-car combinations,

until the standard access period has expired.

(5) Where the person who is disqualified passes the practical test on a vehicle of a class included in category B the disqualification shall be deemed to have expired additionally in relation to all classes of vehicle included in—

(a) categories 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, and

(b) categories F, G, H, K, L and P.

(6) Where a person is, pursuant to regulation 53, disqualified by the licensing authority 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.

Section 44 Evidence of result of theory test

(1) A person conducting a theory test shall, as soon as practicable after its completion, arrange for the test paper returned by a test candidate to be marked for the purpose of ascertaining whether the candidate has demonstrated a knowledge and sound understanding of the specified matters in accordance with these Regulations.

(2) A person conducting the theory test shall furnish—

(a) a person who passes the test with a certificate (a “pass certificate”) in the form set out in Part 1 of Schedule 10;

(b) a person who fails to pass the test with a statement (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 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 was sent to him to the person who conducted the test with a request in writing that the paper 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 paper.

(5) A pass certificate issued in error 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 pass certificate shall be valid for the purposes of regulation 34(3) 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) A pass certificate is invalid if the person to whom it is issued is at that time ineligible, by virtue of an enactment contained in the Traffic Act or these Regulations, to take the test to which the certificate relates.

(8) A person authorised to conduct theory tests by virtue of paragraphs (b) to (e) of regulation 22(1) shall issue pass certificates using forms supplied by the licensing authority who may make a charge of £5.00 per form.

Section 45 Evidence of the result of practical or unitary test

(1) Subject to paragraph (2), a person conducting a practical or unitary test shall furnish—

(a) a person who passes the test with a certificate in the form set out in Part 1 of Schedule 11;

(b) a person who fails to pass the test with a statement in the form set out in Part 2 of Schedule 11.

(2) Where, by virtue of regulation 38(2), a person—

(a) elects to apply for an appointment for a practical test before being furnished with a certificate stating that he has passed a theory test, and

(b) passes that practical test taken on that appointment,

the person conducting the practical test shall furnish that person with a certificate in the form set out in Part 3 of Schedule 11.

(3) Where the person who took the practical test has produced a valid theory test pass certificate in accordance with regulation 34(3), he shall surrender that certificate to the person conducting the test upon receipt of the certificate furnished under paragraph (1)(a).

(4) A certificate issued—

(a) under paragraph (1)(a) or (2) is invalid if the person to whom it is issued is at that time ineligible, by virtue of an enactment contained in the Traffic Act or these Regulations, to take the test to which the certificate relates;

(b) under paragraph (1)(a) is invalid if, at the time when it is issued, the theory test pass certificate produced to the person conducting the test in accordance with regulation 34(3) is invalid by virtue of regulation 44(7).

(5) A person authorised to conduct practical or unitary tests by virtue of paragraphs (b), (c), (d), (f) or (g) of regulation 21(1) or regulation 21(2)(b) shall issue pass certificates using forms supplied by the licensing authority.

Section 46 Part III of the Traffic Act: prescribed classes of goods and passenger-carrying vehicle

(1) All classes of motor vehicle included in categories C, C + E, D and D + E, except vehicles of classes included in sub-categories C1, C1 + E (8.25 tonnes), D1 (not for hire or reward) and D1 + E (not for hire or reward), are prescribed for the purposes of section 89A(5) of the Traffic Act.

(2) Subject to paragraph (3), all classes of motor vehicle included in categories C, C + E, D and D + E, except vehicles of classes included in sub-categories C1 + E (8.25 tonnes), D1 (not for hire or reward) and D1 + E (not for hire or reward), are prescribed for the purposes of section 99(1) and (1A) of the Traffic Act.

(3) In the case of a licence in force at a time before 1st January 1997, paragraph (2) above shall apply as if “C1” was inserted after “sub-categories”.

(4) All classes of motor vehicle included in categories C, C + E, D and D + E, except vehicles of classes included in sub-categories C1 + E (8.25 tonnes), D1 (not for hire or reward) and D1 + E (not for hire or reward), are prescribed for the purposes of section 99A(3) and (4) of the Traffic Act.

Section 47 Part IV of the Traffic Act: prescribed classes of large goods and passenger-carrying vehicle

(1) Part IV of the Traffic Act and regulations 51 to 54 shall not apply to large goods vehicles—

(a) of a class included in category F, G or H or sub-category C1 + E (8.25 tonnes), or

(b) which are exempted goods vehicles or exempted military vehicles.

(2) Part IV of the Traffic Act and regulations 51 to 54 shall not apply to—

(a) any passenger-carrying vehicle manufactured more than 30 years before the date when it is driven and not used for hire or reward or for the carriage of more than 8 passengers;

(b) a passenger-carrying vehicle driven by a constable for the purpose of removing or avoiding obstruction to other road users or other members of the public, for the purpose of protecting life or property (including the passenger-carrying vehicle and its passengers) or for other similar purposes.

(3) All classes of large goods and passenger-carrying vehicle to which Part IV of the Traffic Act applies are prescribed for the purposes of section 117(7) of the Traffic Act.

Section 48 Exempted goods vehicles and military vehicles

(1) For the purposes of this Part of these Regulations, an exempted goods vehicle is a vehicle falling within any of the following classes—

(a) a vehicle propelled by steam;

(b) any road construction vehicle used or kept on the road solely for the conveyance of built-in road construction machinery (with or without articles or materials used for the purpose of that machinery);

(c) any engineering plant other than a mobile crane;

(d) a works truck;

(e) an industrial tractor;

(f) an agricultural motor vehicle which is not an agricultural or forestry tractor;

(g) a digging machine;

(h) any vehicle which is not used on public roads or, if it is so used during any calendar week—

(i) is used only in passing from land in the occupation of a person keeping the vehicle to other land in the occupation of that person, and

(ii) is not used on public roads for distances exceeding an aggregate of six miles in that calendar week;

(j) any vehicle, other than an agricultural motor vehicle, which—

(i) is used only for purposes relating to agriculture, horticulture or forestry,

(ii) is used on public roads only in passing between different areas of land occupied by the same person, and

(iii) in passing between any two such areas does not travel a distance exceeding 1.5 kilometres on public roads;

(k) a vehicle used for no other purpose than the haulage of lifeboats and the conveyance of the necessary gear of the lifeboats which are being hauled;

(l) a vehicle manufactured before 1st January 1960, used unladen and not drawing a laden trailer;

(m) an articulated goods vehicle the unladen weight of which does not exceed 3.05 tonnes;

(n) a vehicle in the service of a visiting force or headquarters as defined in the Visiting Forces and International Headquarters (Application of Law) Order 1965;

(o) any vehicle driven by a constable for the purpose of removing or avoiding obstruction to other road users or other members of the public, for the purpose of protecting life or property (including the large goods vehicle and its load) or for other similar purposes;

(p) a vehicle fitted with apparatus designed for raising a disabled vehicle partly from the ground and for drawing a disabled vehicle when so raised (whether by partial superimposition or otherwise) being a vehicle which—

(i) is used solely for dealing with disabled vehicles;

(ii) is not used for the conveyance of any goods or load other than a disabled vehicle when so raised and water, fuel, accumulators and articles required for the operation of, or in connection with, such apparatus or otherwise for dealing with disabled vehicles; and

(iii) has an unladen weight not exceeding 3.05 tonnes;

(q) a passenger-carrying vehicle recovery vehicle; and

(r) a mobile project vehicle.

(2) For the purposes of this Part of these Regulations, an exempted military vehicle is a vehicle falling within any of the following classes—

(a) a vehicle designed for fire fighting or fire salvage purposes which is the property of, or for the time being under the control of, the Secretary of State for Defence, when being driven by a member of the armed forces of the Crown;

(b) a vehicle being driven by a member of the armed forces of the Crown in the course of urgent work of national importance in accordance with an order of the Defence Council in pursuance of the Defence (Armed Forces) Regulations 1939 which were continued permanently in force, in the form set out in Part C of Schedule 2 to the Emergency Laws (Repeal) Act, 1959 , by section 2 of the Emergency Powers Act 1964 ; or

(c) an armoured vehicle other than a track-laying vehicle which is the property of, or for the time being under the control of, the Secretary of State for Defence.

(3) In this Regulation—

“digging machine” has the same meaning as in paragraph 4(4) of Schedule 1 to the Vehicle Excise and Registration Act 1994;

“agricultural motor vehicle”, “engineering plant”, “industrial tractor” and “works truck” have the same meaning as in regulation 3(2) of the Construction and Use Regulations;

“public road”, “road construction vehicle” and “road construction machinery” have the same meanings respectively as in section 62(1) of the Vehicle Excise and Registration Act 1994.

Section 49 Correspondences

(1) For the purposes of section 89A(5) of the Traffic Act, a heavy goods vehicle or public service vehicle of a class specified in column (1) of the table at the end of this regulation corresponds to a class of large goods vehicle or passenger-carrying vehicle, as the case may be, specified in column (2) of that table in relation to the class of vehicle in column (1).

(2) For the purposes of paragraph (1), where a heavy goods vehicle driver’s licence held before 1st April 1991 was restricted to vehicles having a permissible maximum weight not exceeding 10 tonnes by virtue of—

(a) paragraph 3(3) and (5) of Schedule 2 to the Road Traffic (Drivers' Ages and Hours of Work) Act 1976 ; or

(b) paragraph (1) or (2) of regulation 31 of the Heavy Goods Vehicles (Drivers' Licences) Regulations 1977 before they ceased to have effect,

such restriction shall be disregarded.

TABLE

Section 50 Part IV of the Traffic Act: dual purpose vehicles

(1) Except in the case of a vehicle mentioned in paragraph (2), Part IV of the Traffic Act and regulations 51 to 54 shall apply to dual purpose vehicles to the extent that they apply to passenger-carrying vehicles.

(2) Part IV of the Traffic Act and regulations 51 to 54 shall apply to any dual purpose vehicle which is—

(a) adapted to carry not more than 24 persons in addition to the driver,

(b) driven by a member of the armed forces of the Crown, and

(c) used to carry passengers for naval, military or air force purposes,

to the extent that they apply to large goods vehicles.