The Motor Vehicles (Driving Licences) Regulations 1999

• Citation: S.I. 1999/2864
• Sections: 256

Section 1 Citation and commencement

These Regulations may be cited as the Motor Vehicles (Driving Licences) Regulations 1999 and shall come into force on 12th November 1999.

Section 2 Revocation and saving

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

(2) Subject to 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—

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

“1985 Act" means the Transport Act 1985 ;

“A1 motorcycle” means a motor bicycle with a cylinder capacity not exceeding 125 cubic centimetres, of a power not exceeding 11 kilowatts and with a power to weight ratio not exceeding 0.1 kilowatts per kilogram;

“A1 motor tricycle” means a motor tricycle with a power not exceeding 15 kilowatts;

“A2 motorcycle” means a motor bicycle of a power not exceeding 35 kilowatts, with a power to weight ratio not exceeding 0.2 kilowatts per kilogram and not being derived from a vehicle of more than double its power;

“A3 motorcycle” means a motor bicycle—

of a power exceeding 35 kilowatts or with a power to weight ratio exceeding 0.2 kilowatts per kilogram; or

of a power not exceeding 35 kilowatts with a power to weight ratio not exceeding 0.2 kilowatts per kilogram and derived from a vehicle of more than double its power;

“A3 motor tricycle” means a motor tricycle with a power exceeding 15 kilowatts;

“abridged standard test of driving theory” means the test described in regulation 40B(1A);

“ambulance" means a motor vehicle which—

is constructed or adapted for, and used for no other purpose than, the carriage of sick, injured or disabled people to or from welfare centres or places where medical or dental treatment is given, and

is readily identifiable as such a vehicle by being marked “Ambulance" on both sides;

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

“category P vehicle” means a motor vehicle with fewer than four wheels with a maximum design speed exceeding 45 kilometres per hour but not exceeding 50 kilometres per hour and which, if propelled by an internal combustion engine, has a cylinder capacity not exceeding 50 cubic centimetres;

“category Q vehicle” means a motor vehicle with less than four wheels which—

if propelled by an internal combustion engine, has a cylinder capacity not exceeding 50 cubic centimetres and, if not equipped with pedals by means of which the vehicle is capable of being propelled, has a maximum design speed not exceeding 25 kilometres per hour; and

if propelled other than by an internal combustion engine, has a maximum design speed not exceeding 25 kilometres per hour;

“certified direct access instructor” has the meaning given by regulation 64(2);

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

“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;

“deductible period” means—

any period during which a person is disqualified under section 34 or 35 of the Offenders Act;

in a case where a person is or has been disqualified under section 36 of the Offenders Act, the period beginning on the date of the court order under subsection (1) of that section and ending on the date when the disqualification is deemed by virtue of that section to have expired;

in a case where a person’s licence or test pass certificate has been revoked by the Secretary of State under section 3 of, or Schedule 1 to, the Road Traffic (New Drivers) Act 1995, the period beginning on the date of the notice of revocation under that Act and ending on the date when the person whose certificate or licence, as appropriate, has been revoked passes the relevant driving test within the meaning of that Act; and

any period during which a person’s licence has ceased to be in force;

“disability assessment test” means a test of competence to drive for which a person is required, by notice under section 94(5)(c) of the Traffic Act, to submit himself; and “disability assessment licence” means a provisional licence granted to enable him to drive a motor vehicle for the purposes of preparing for, and taking, such a test

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

“electric scooter” means a category Q vehicle which—

is fitted with an electric motor with a maximum continuous power rating not exceeding 500 watts;

is not fitted with pedals that are capable of propelling the vehicle;

has two wheels, one front and one rear, aligned along the direction of travel;

is designed to carry no more than one person;

has a maximum weight, excluding the driver, not exceeding 55 kilograms;

has a maximum design speed not exceeding 15.5 miles per hour;

has a means of directional control through the use of handlebars which are mechanically linked to the steered wheel;

has a means of controlling the speed through hand controls; and

has a power control that defaults to the ‘off’ position;

“exempted goods vehicle" and “exempted military vehicle" have the meanings respectively given in regulation 51;

“extended driving test" means a test of a kind prescribed by regulation 41;

“fire and rescue authority” has the same meaning as in section 1 of the Fire and Rescue Services Act 2004;

“fire engine” means a category C motor vehicle that is being used—

in England or Wales, by a fire and rescue authority ... ; or

in Scotland, by the Scottish Fire and Rescue Service (as established under section 1A of the Fire (Scotland) Act 2005 ) ;

“full", in relation to a licence of any nature, means a licence granted otherwise than as a provisional licence;

“Group 1 licence" and “Group 2 licence" have the meanings respectively given in regulation 70;

“IBC” means an intermediate bulk container, being one single sealed container—

made of plastic or metal;

designed for the storage and transport of fluids;

with a capacity of 1,000 litres;

having its capacity clearly marked on its exterior; and

filled to capacity with water;

“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,

and which is not drawing a trailer;

“large vehicle off road manoeuvres test” means a test consisting of the activities and manoeuvres specified in Schedule 8B and includes such a test conducted as part of an extended driving test;

“large vehicle off road manoeuvres test examiner” means a person approved by the Secretary of State in accordance with paragraph (1ZA) of regulation 24 to conduct large vehicle off road manoeuvres tests;

“large vehicle off road manoeuvres test pass certificate” means a certificate relating to the passing of the large vehicle off road manoeuvres test in the form specified in Part 1 of Schedule 10E;

“large vehicle off road manoeuvres test provider” means a body approved by the Secretary of State in accordance with sub-paragraph (a) of paragraph (1ZA) of regulation 24;

“large vehicle off road manoeuvres test statement of failure” means a statement relating to the failure of the large vehicle off road manoeuvres test in the form specified in Part 2 of Schedule 10E;

...

“large vehicle test of driving theory” means the test of driving theory described in regulation 40B(2);

“large vehicle test of hazard perception” means the test of hazard perception described in regulation 40B(4);

“large vehicle theory test pass certificate” means a certificate in the form specified in regulation 47B(1);

“local public authority” means—

in England and Wales, any body, other person or holder of any office listed in Part 2 (local government) of Schedule 1 to the Freedom of Information Act 2000; and

in Scotland, any body, other person or holder of any office listed in Part 3 (local government) of Schedule 1 to the Freedom of Information (Scotland) Act 2002;

...

“manoeuvres test” means a test consisting of the activities and manoeuvres specified in Schedule 8A and includes such a test conducted as part of an extended driving test;

“maximum authorised mass"—

in relation to a goods vehicle, has the same meaning as “permissible maximum weight" in section 108(1) of the Traffic Act,

in relation to an incomplete large vehicle, means its working weight, and

in relation to any other motor vehicle or trailer, has the same meaning 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”, in relation to an engine, means the maximum net power output measured under full engine load

“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 eight persons in addition to the driver and carries principally goods or burden consisting of—

play or educational equipment 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;

“module 1 pass certificate” means a certificate relating to the passing of a manoeuvres test in the form set out in Part 1 of Schedule 10D;

“module 1 statement of failure” means a statement in the form set out in Part 2 of Schedule 10D regarding the failing of a manoeuvres test;

“motor tricycle” means a motor vehicle with three symmetrically arranged wheels which has a maximum design speed of more than 45 kilometres per hour and, if fitted with an internal combustion engine, has an engine capacity of more than 50 cubic centimetres;

“Northern Ireland test" means a test of competence to drive conducted under the law of Northern Ireland;

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

“passenger-carrying vehicle recovery vehicle" means a vehicle (other than an articulated goods vehicle combination as defined in section 108(1) of the Traffic Act) 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", in relation to a motor bicycle, means the ratio of the maximum net power output of the engine of the vehicle to its weight (including the weight of any side-car) with—

a full supply of fuel in the tank,

an adequate supply of other liquids needed for its propulsion, and

no load other than its normal equipment, including loose tools;

“practical test” means a practical test of driving skills and behaviour or, where a test is by virtue of these Regulations required to be conducted in two, three or four parts, the part of it consisting of that test; and the term—

includes such a test conducted as part of an extended driving test;

excludes the manoeuvres test; and

excludes the large vehicle off road manoeuvres 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" has the meaning given by section 82(1) of the 1981 Act;

“standard access period” means the period of two years commencing on the date, before 19th January 2013, when a person passed a test for a licence authorising the driving of standard motor bicycles of any class, other than motor bicycles with an engine the maximum net power output of which is 11 kilowatts or less, but disregarding any deductible period, or part thereof, which subsists in relation to that person on or after the date on which the test was passed;

“standard motor bicycle” means—

in the case of a motor bicycle without a side-car, a motor bicycle the engine of which has a maximum net power output not exceeding 25 kilowatts and a power to weight ratio not 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 not exceeding 0.16 kilowatts per kilogram;

“standard test of driving theory” means the test described in regulation 40B(1);

“standard test of hazard perception” means the test described in regulation 40B(3);

“standard theory test pass certificate” means a certificate in the form specified in regulation 47(2)(a); and

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

“test pass certificate" means a certificate in the form specified in regulation 48(1)(a);

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“Traffic Act" means the Road Traffic Act 1988;

“traffic commissioner” means a commissioner appointed under section 4 of the Public Passenger Vehicles Act 1981;

“training load” means a load consisting of—

an IBC ; or

training load packages that are all marked with the same nominal quantity by weight;

“training load package” means a product packaged in a transparent sealed bag so that the combination of the product and the individual bag in which it is packed is either or both of the following—

a “package” to which the Weights and Measures (Packaged Goods) Regulations 2006 “the 2006 Regulations” or the Weights and Measures (Packaged Goods) Regulations (Northern Ireland) 2011 “the 2011 Regulations” apply, where —

it is marked in accordance with the requirements of regulation 5(1) of the 2006 Regulations or the 2011 Regulations as the case may be;

it is marked with its nominal quantity by weight in accordance with regulation 8 of the 2006 Regulations or the 2011 Regulations as the case may be; and

that nominal quantity by weight so marked on the package is no less than 10kg; or

a “prepackage” to which Council Directive 76/211/EEC applies, where —

it is marked in accordance with points 3.1 and 3.2 of Annex I to that Directive; and

the nominal quantity by weight so marked on the prepackage is no less than 10kg;

“trial” means an assessment as to the suitability of electric scooters for use on roads conducted by virtue of—

an order made under sections 44 and 63(5) of the Traffic Act; or

an arrangement made between one or more local public authorities and a person who hires out electric scooters;

“unitary test" means a test which, by virtue of these Regulations, is to consist of a single test of both practical driving skills and behaviour and knowledge of the Highway Code and other matters 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 road roller, includes the weight of any object for the time being attached to the vehicle, being an object specially designed to be so attached for the purpose of temporarily increasing the vehicle’s weight;

“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);

“working weight" means the weight of a vehicle in working condition on a road but exclusive of the weight of any liquid coolant and fuel used for its propulsion.

(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 purpose of these Regulations a licence shall remain in force notwithstanding that it is—

(i) surrendered to the Secretary of State or is revoked otherwise than by notice under section 93(1) or (2) of the Traffic Act (revocation because of disability or prospective disability), 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 or Schedule in which the reference occurs.

(4) Where a statement or certificate (but not a distinguishing mark specified in regulation 16) 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.

(6) In paragraph (5)(b)(v) “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 3A Meaning of “theory test”

(1) In these Regulations, “theory test” means—

(a) where a test is to be conducted, by virtue of regulation 40(2A) , in two parts, the part, described in regulation 40(2A)(a) , which consists of the standard test of driving theory and the standard test of hazard perception; ...

(aa) where a test is to be conducted, by virtue of regulation 40(1A), in three parts, the part, described in regulation 40(1A)(a), which consists of the standard test of driving theory and the standard test of hazard perception; ...

(ab) the part of a test which consists of the abridged standard test of driving theory and the standard test of hazard perception where the test is to be conducted in—

(i) three parts by virtue of regulation 40(2B); or

(ii) two parts by virtue of regulation 40(2C); and

(b) in any other case, each of the large vehicle test of driving theory and the large vehicle test of hazard perception.

(2) Any reference in these Regulations to a “theory test” includes such a test conducted as part of an extended driving test.

Section 4 Classification of vehicles

(1) Subject to regulations 5 and 78, the Secretary of State shall grant licences authorising the driving of motor vehicles in accordance with—

(a) the categories and sub-categories specified in column (1) and defined in column (2) of Parts 1 to 3 and 5 and 6 of Schedule 2;

(b) the former categories and former sub-categories specified in column (1) and defined in column (2) of Part 4 of Schedule 2, other than former category P and former sub-category B1;

(c) the class defined in column (2) of Part 4 of Schedule 2 opposite former sub-category B1 specified in column (1); and

(d) the class defined in column (2) of Part 4 of Schedule 2 opposite former category P specified in column (1).

(2) The categories and sub-categories referred to in paragraph (1)(a) and (b), other than former category P and former sub-category B1, are designated as groups for the purposes of section 89(1)(b) of the Traffic Act.

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

(a) save for references to a former category or a former sub-category, any reference to a category or sub-category identified by letter, number or word or by any combination of letters, numbers and words 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 in column (2) of Schedule 2,

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

(d) save for references to “former sub-category B1”, “former category N” or “former category P”, a reference to a former category or a former sub-category identified by letter, number or word or by any combination of letters, numbers and words is a reference to the former category or former sub-category defined in column (2) of Part 4 of Schedule 2 opposite the letter or combination in column (1),

(e) “former sub-category B1” means a class of vehicle having three or four wheels and an unladen weight not exceeding 550 kilograms,

(f) “former category N” means vehicles which were exempted from vehicle excise duty under section 7(1) of the Vehicle (Excise) Act 1971, and

(g) “former category P” means a class of vehicle having fewer than four wheels, a maximum design speed not exceeding 50 kilometres per hour and, if propelled by an internal combustion engine, a cylinder capacity not exceeding 50 cubic centimetres.

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 shown 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 for a licence 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 shown 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 a person applying for a full licence,—

(i) he held a full licence authorising the driving of motor vehicles of that class or a class which by virtue of these Regulations corresponds to a class included in that category or sub-category, or

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

(b) in the case of a person applying for a provisional licence, he held a provisional licence authorising the driving of vehicles of that class or a class which by virtue of these Regulations corresponds to a class included in that category or sub-category.

(3) A licence authorising the driving of motor vehicles included in sub-category B1 (invalid carriages), which are specified in Part 3 of Schedule 2, may not be granted to a person unless, at a time before 12th November 1999—

(a) in the case of a person applying for a full licence, he held a full licence authorising the driving of motor vehicles included in sub-category B1 (invalid carriages) or a class of motor vehicles which by virtue of these Regulations corresponds to vehicles included in that sub-category, or

(b) in the case of a person applying for a provisional licence, he held a provisional licence authorising the driving of motor vehicles included in sub-category B1 (invalid carriages) or a class of motor vehicles which by virtue of these Regulations corresponds to vehicles included in that sub-category.

(4) A licence authorising the driving of motor vehicles of a class shown in column (2) of Part 4 of Schedule 2 opposite a former category or former sub-category (as the case may be) shown in column (1) of that part of that Schedule may not be granted to a person unless, before 19th January 2013, that person held a licence authorising the driving of motor vehicles of that class or passed a test for a licence authorising the driving of motor vehicles of that class.

(5) Subject to paragraph (5A), a licence authorising the driving of category Q vehicles may not be granted to a person unless that person is entitled—

(a) in accordance with paragraph (1), to be granted a full licence authorising the driving of motor vehicles of a class included in category AM, A or B; or

(b) in accordance with paragraph (4), to be granted a full licence authorising the driving of category P vehicles.

(5A) A provisional licence may be granted for a class included in category AM, A or B which includes authorisation to drive an electric scooter being used in a trial.

(6) A licence authorising the driving of motor vehicles of a class included in category B96, which are specified in Part 6 of Schedule 2, may be granted to a person who is entitled thereto by virtue of holding, or having held, a Community licence authorising the driving of that class.

Section 6 Competence to drive classes of vehicle: general

(1) Where a person holds, or has held, a relevant full licence authorising him to drive vehicles 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, or

(ii) 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 three-wheeled moped, a light quadricycle, a motor tricycle or 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, subject to paragraph (2), be deemed competent to drive only such classes of motor vehicle included in the additional category or sub-category as have automatic transmission, or

(ii) 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) Where the additional category is F, K or AM , paragraph (1)(b)(i) shall not apply.

(2A) Where a relevant full licence authorises the driving of vehicles included in category B and the additional category is category Q or AM, the holder is not deemed competent to drive category Q vehicles or vehicles in category AM unless the licence authorises the driving of such vehicles in accordance with regulation 43(3) and (5).

(2B) Where a person holds a relevant provisional licence, the holder is authorised to drive an electric scooter being used in a trial.

(3) In this regulation and regulations 7 and 8, “relevant full licence” means a full licence granted under Part III of the Traffic Act, a full Northern Ireland licence or a Community licence.

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

Section 7 Competence to drive classes of vehicle: special cases

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(2) A person who holds a relevant full licence authorising the driving of vehicles included in category D, other than vehicles included in sub-category D1 or D1 (not for hire or reward), may drive a passenger-carrying vehicle recovery vehicle 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 passenger-carrying vehicle recovery vehicles having automatic transmission.

(3) A person may drive an incomplete large vehicle—

(a) having a working weight exceeding 3.5 tonnes but not exceeding 7.5 tonnes if he holds a relevant full licence authorising the driving of vehicles in sub-category C1, or

(b) having a working weight exceeding 7.5 tonnes if he holds a relevant full licence authorising the driving of vehicles in category C, other than vehicles in sub-category C1,

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 of the appropriate weight specified in paragraph (a) or (b) which have automatic transmission.

(4) A person who holds a relevant full licence authorising the driving of vehicles included in category B, other than vehicles in former sub-category B1 or sub-category and B1 (invalid carriages), may drive—

(a) an exempted goods vehicle other than—

(i) a passenger-carrying vehicle recovery vehicle, or

(ii) a mobile project vehicle,

(b) an exempted military vehicle, and

(c) a passenger-carrying vehicle in respect of which the conditions specified in regulation 50(2) or (3) are satisfied,

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 of the vehicles mentioned in sub-paragraphs (a), (b) and (c) as have automatic transmission.

(5) A person who—

(a) holds a relevant full licence authorising the driving of vehicles of a class included in category B, other than vehicles in former sub-category B1 or sub-category 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 paragaph 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.

(6) A person who—

(a) holds a relevant full licence authorising the driving of vehicles of a class included in category B, other than vehicles in former sub-category B1 or sub-category B1 (invalid carriages),

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

(c) is aged 21 or over,

(d) if he is aged 70 or over, is not suffering from a relevant disability in respect of which the Secretary of State would be bound to refuse to grant him a Group 2 licence, and

(e) receives no 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 such a person is by that licence authorised to drive only vehicles having automatic transmission, in which case he shall be deemed competent to drive only such vehicles in sub-category D1 as conform to the above specification and have automatic transmission.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) A person who holds a licence authorising the driving of vehicles included in category B and who has, before 1st February 2001, passed a test (or a Northern Ireland test of competence corresponding to such a test) for such a licence may drive a category P vehicle unless the test or, as the case may be, the practical test was passed on a motor vehicle which was adapted on account of a disability of the person taking the test in which case the person is authorised to drive only such category P vehicles as are so adapted.

(9) Where a person holds a full licence issued before 19th January 2013 authorising the driving of vehicles included in category A, that licence shall not in addition authorise the driving of vehicles in former sub-category B1 unless that person passed the test in respect of that licence (or a Northern Ireland test of competence corresponding to that test) before 1st February 2001.

(10) A person who holds a relevant full licence authorising the driving of vehicles of a class included in category B, other than vehicles in former sub-category B1, sub-category B1 or sub-category B1 (invalid carriages) and is aged 21 or over may drive an A3 motor tricycle.

(11) A person who holds a relevant full licence authorising the driving of vehicles included in category B, other than vehicles in former sub-category B1, sub-category B1 or sub-category B1 (invalid carriages), may drive—

(a) a zero-emission vehicle of a class that would be included within category B but for its maximum authorised mass exceeding 3.5 tonnes, provided that it is not a mobile project vehicle and has a maximum authorised mass—

(i) not exceeding 4.25 tonnes, excluding any part of that weight which is attributable to specialised equipment intended for the carriage of disabled passengers, and

(ii) not exceeding 5 tonnes otherwise;

(b) a zero-emission vehicle and trailer combination which has a maximum authorised mass not exceeding 7 tonnes, comprising—

(i) a zero-emission vehicle referred to in sub-paragraph (a), and

(ii) a trailer which has a maximum authorised mass not exceeding 3.5 tonnes;

(c) a zero-emission vehicle of a class included in sub-category D1 and which has a maximum authorised mass not exceeding 4.25 tonnes, excluding any part of that weight which is attributable to specialised equipment intended for the carriage of disabled passengers, and not exceeding 5 tonnes otherwise, provided—

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

(ii) that person is aged 21 or over,

(iii) that person, if aged 70 or over, is not suffering from a relevant disability in respect of which the Secretary of State would be bound to refuse to grant them a Group 2 licence,

(iv) that person is driving the zero-emission vehicle on behalf of a non-commercial body for social purposes but not for hire or reward,

(v) that person receives no consideration for so doing, other than out-of-pocket expenses,

(vi) that the zero-emission vehicle has no trailer attached, and

(vii) if the person is by that licence authorised to drive only vehicles having automatic transmission, that person shall be deemed competent to drive only such zero-emission vehicles in sub-category D1 as conform to the above specification and have automatic transmission.

(12) For the purposes of this regulation—

(a) when a person drives a zero-emission vehicle of a kind specified in paragraph (11)(a) or (b) which is a “medium-sized goods vehicle” or “ other motor vehicle ” for the purposes of section 101 of the Traffic Act (disqualification of persons under age), that section has effect as if, for the ages specified in the Table in that section in respect of “medium sized goods vehicle” and “other motor vehicle”, there were substituted the age “17” , and

(b) “ zero-emission vehicle ” means a vehicle without an internal combustion engine, or with an internal combustion engine that has emissions of CO2 of zero grams per kilometre.

Section 8 Competence to drive classes of vehicle: dual purpose vehicles

(1) Subject to paragraph (2), a person who is a member of the armed forces of the Crown may drive a dual purpose vehicle when it is being used to carry passengers for naval, military or air force purposes—

(a) where the vehicle has a maximum authorised mass not exceeding 3.5 tonnes, if he holds a relevant full licence authorising the driving of vehicles included in category B other than vehicles in former sub-category B1 or sub-category B1 (invalid carriages),

(b) where the vehicle has a maximum authorised mass exceeding 3.5 tonnes but not exceeding 7.5 tonnes, if he holds a relevant full licence authorising the driving of vehicles included in sub-category C1,

(c) in any other case, if he holds a relevant full licence authorising the driving of vehicles included in category C other than vehicles in sub-category C1.

(2) Where the person is authorised by his licence to drive only motor vehicles included in the relevant category or sub-category having automatic transmission, he may drive only dual purpose vehicles having automatic transmission.

Section 9 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.

(1A) In item 2 (moped), for the class of moped there is substituted the classes of a vehicle in category AM (moped and light quadricycle) and a category Q vehicle.

(2) In item 3 (motor bicycle)—

(a) subject to paragraphs (2A) to (2F), for the class of motor bicycle and the age of 17 there is substituted, in respect of full licences, the following—

(b) subject to paragraph (2G), in relation to the class of motor bicycle there is, in respect of provisional licences, substituted for the age of 17 the age of 24.

(2A) For the age of 17 in relation to item 3(1) in the table in paragraph (2)(a) there is substituted the age of 16 in the case of a person holding a Community licence authorising the driving of vehicles in sub-category A1.

(2B) For the age of 19 in relation to item 3(2) in the table in paragraph 2(a) there is substituted the age of 18 in the case of a person holding a Community licence authorising the driving of vehicles in sub-category A2.

(2C) For the age of 19 in relation to item 3(2) and the age of 24 in relation to item 3(3) in the table in paragraph 2(a) there is substituted the age of 17 where a person passed a test before 19th January 2013 in respect of a motor bicycle (other than a motor bicycle with an engine the maximum net power output of which is 11 kilowatts or less) and the standard access period has expired.

(2D) For the age of 19 in relation to item 3(2) in the table in paragraph 2(a) there is substituted the age of 17 in a case where the vehicle is—

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

(b) 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.

(2E) For the age of 24 in relation to item 3(3) in the table in paragraph 2(a) there is substituted—

(a) the age of 21 in a case where a person has, for a period of not less than two years, held a full licence which authorises the driving of A2 motorcycles;

(b) the age of 20 in the case of a person holding a Community licence authorising the driving of vehicles in sub-category A3; and

(c) the age of 17 in a case where—

(i) the vehicle is being used for naval, military or air force purposes and is—

(aa) owned or operated by the Secretary of State for Defence; or

(bb) being driven by a person for the time being subject to the orders of a member of the armed forces of the Crown; or

(ii) a person—

(aa) passes an appropriate driving test after 18th January 2013 on a vehicle of a class in category B or sub-category A2 or A3; and

(bb) was entitled, before 19th January 2013, to a licence to drive a motor bicycle with an engine having a maximum net power output exceeding 25 kilowatts or a power to weight ratio exceeding 0.16 kilowatts per kilogram.

(2F) For the age of 24 in relation to item 3A in the table in paragraph 2(a) there is substituted—

(a) the age of 21 in a case where a person has, for a period of not less than two years, held a full licence which authorises the driving of A2 motorcycles;

(b) the age of 17 in a case where—

(i) the vehicle is—

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

(bb) 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; or

(ii) the person was, before 19th January 2013, entitled to drive vehicles having three or four wheels and an unladen weight not exceeding 550 kilograms.

(2G) For the age of 24 as substituted by paragraph 2(b) there is substituted—

(a) the age of 21 in the case of a provisional licence for the driving of A3 motorcycles where a person has, for a period of not less than two years, held a full licence which authorises the driving of A2 motorcycles;

(b) the age of 19 in the case of a provisional licence which is restricted to the driving of A2 motorcycles;

(c) the age of 17 where a person has passed a test before 19th January 2013 in respect of a motor bicycle (other than a motor bicycle with an engine the maximum net power output of which is 11 kilowatts or less) and the standard access period has expired;

(d) the age of 17 in the case of a provisional licence which is restricted to the driving of A1 motorcycles; and

(e) the age of 17 in a case where the vehicle is—

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

(ii) 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.

(3A) In item 5 (small vehicle) the class of small vehicles except motor tricycles and light quadricycles is substituted for the class of small vehicle.

(4) In item 5, the age of 16 is substituted for the age of 17 in the case of a small vehicle driven without a trailer attached where the driver of the vehicle is a person —

(a) who fulfils the requirements set out in paragraph (4A); ...

(aa) who fulfils the requirements set out in paragraph (4B); or

(b) who is in receipt of personal independence payment under Part 4 of the Welfare Reform Act 2012 which includes the mobility component at the enhanced rate in pursuance of section 79 of that Act ; or

(c) who is in receipt of disability assistance for working age people which includes the mobility component at the enhanced rate in accordance with regulations made under section 31 of the Social Security (Scotland) Act 2018.

(4A) The requirements referred to in paragraph (4)(a) are—

(a) the person has received an award of the higher rate component of the disability living allowance made in pursuance of section 73 of the Social Security Contributions and Benefits Act 1992; and

(b) the award mentioned in sub-paragraph (a) was in force immediately before the 16th birthday of that person; and

(c) the person has made a claim for personal independence payment under Part 4 of the Welfare Reform Act 2012.

(4B) The requirements referred to in paragraph (4)(aa) are—

(a) the person has received an award of the mobility component of disability assistance for children and young people, at the higher rate, in accordance with regulations made under section 31 of the Social Security (Scotland) Act 2018, and

(b) the award mentioned in sub-paragraph (a) was in force immediately before the 16th birthday of that person.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In item 7, the age of 18 is substituted for the age of 21 in relation to a motor vehicle of a class included in category C or C+E where the person driving the vehicle —

(a) has an initial qualification authorising him to drive motor vehicles of that class,

(b) is using the vehicle as described in regulation 3(2)(e) of the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007,

(c) is authorised by such document as is referred to in regulation 4(5)(d) of those Regulations to drive motor vehicles of that class, or

(d) by reason of being a person in relation to whom regulation 4(7) of those Regulations applies, is not required to have an initial qualification as described in sub-paragraph (a).

(8) In item 7, the age of 18 is substituted for the age of 21 in relation to a motor vehicle of a class included in category C or C+E where the vehicle is being used by the fire service or for maintaining public order or is undergoing road tests for repair or maintenance purposes.

(8A) 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 12 tonnes.

(8B) Subject to paragraphs (9) and (9B), in item 7 the age of 24 is substituted for the age of 21 in relation to a motor vehicle of a class included in category D or D+E, other than sub-category D1 or D1+E, save—

(a) where the vehicle is being used by the fire service or for maintaining public order or is undergoing road tests for repair or maintenance purposes; or

(b) in respect of a person under the age of 24 who was entitled to a licence to drive a vehicle of that class before 19th January 2013.

(9) In item 7, the age of 18 is substituted for the age of 21 in relation to a motor vehicle of a class included in category D or D+E, other than sub-category D1 or D1+E, where the person driving the vehicle —

(a) has an initial qualification authorising him to drive motor vehicles of that class and is either —

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

(ii) not engaged in the carriage of passengers,

(b) is using the vehicle as described in regulation 3(2)(e) of the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007,

(c) is authorised by such document as is referred to in regulation 4(5)(d) of those Regulations to drive motor vehicles of that class, or

(d) by reason of being a person in relation to whom regulation 4(7) of those Regulations applies, is not required to have an initial qualification relating to motor vehicles of that class.

(9A) In item 7, the age of 18 is substituted for the age of 21 in relation to a motor vehicle of a class included in sub-category D1 or D1+E where the person driving the vehicle —

(a) has an initial qualification authorising him to drive motor vehicles of that class,

(b) is using the vehicle as described in regulation 3(2)(e) of the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007,

(c) is authorised by such document as is referred to in regulation 4(5)(d) of those Regulations to drive motor vehicles of that class, or

(d) by reason of being a person to whom regulation 4(7) of those Regulations applies, is not required to have an initial qualification relating to motor vehicles of that class.

(9B) In item 7, the age of 20 is substituted for the age of 21 in relation to a motor vehicle of a class include in category D or D+E, other than sub-category D1 or D1+E, where the person driving the vehicle —

(a) has an initial qualification authorising him to drive motor vehicles of that class, and

(b) is engaged in the carriage of passengers otherwise than on such a service as is described in paragraph (9)(a)(i).

(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 item 7, in the case of an incomplete large vehicle—

(a) which has a working weight not exceeding 3.5 tonnes, the age of 17 is substituted for the age of 21;

(b) which has a working weight exceeding 3.5 tonnes but not exceeding 7.5 tonnes, the age of 18 is substituted for the age of 21.

(12) In item 7, the age of 17 is substituted for the age of 21 in the case of a road roller which—

(a) is propelled otherwise than by steam,

(b) has no wheel fitted with pneumatic, soft or elastic tyres,

(c) has an unladen weight not exceeding 11.69 tonnes, and

(d) is not constructed or adapted for the conveyance of a load other than the following things, namely water, fuel or accumulators used for the purpose of the supply of power to or propulsion of the vehicle, loose tools and objects specially designed to be attached to the vehicle for the purpose of temporarily increasing its weight.

(13) 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) “closed-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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) in paragraphs (7), (9), (9A) and (9B), “ initial qualification ” means “initial CPC or Swiss initial CPC” within the meaning of the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007;

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; and

(f) in the calculation of the period of time for which a licence has been held there shall be disregarded any deductible period.

Section 10 Applications for the grant of licences: general

(1) The Secretary of State 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 Secretary of State that he has passed a test shall at the time when he applies for the licence deliver to the Secretary of State—

(a) a valid test pass certificate, or

(b) a certificate corresponding to that certificate furnished under the law of Northern Ireland or Gibraltar.

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

(a) a test or a theory test, or

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

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 or the law of Gibraltar, to take the test to which the certificate relates.

(5) An applicant for a Group 2 licence shall, if required to do so by the Secretary of State, submit in support of his application a report (in such form as the Secretary of State 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 Secretary of State that he is not suffering from a relevant or prospective disability.

Section 11 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 forces 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 (other than a licence which is to be disregarded for the purposes of section 89(1)(d) of the Traffic Act by virtue of section 89(2)(c) of that Act ), a full British Forces licence, an exchangeable licence or a Community licence.

TABLE

Section 12 Restrictions on the grant of large goods and passenger-carrying vehicle driver’s 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) An applicant for a large goods vehicle driver’s licence which would be in force for a period during the whole or part of which the applicant would be under the age of 21 must not be a person who has—

(a) been convicted (or is, by virtue of section 58A of the Offenders Act , to be treated as if he had been convicted) of an offence as a result of which at least four penalty points fall to be taken into account under section 29 of the Offenders Act , or

(b) 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.

Section 13 Restrictions on the grant of provisional licences to drive motor bicycles

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 14 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, only one fee shall be paid and where the fees are different, that fee shall be the higher or the highest of them.

Section 15 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) the same period as is provided by section 99(1) of the Traffic Act in relation to a licence to which section 99(1) applies.

(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 has 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 15A Restrictions on provisional licences: two-wheeled vehicles

(1) A provisional licence granted in respect of a vehicle in category AM or A shall be restricted to such vehicles as have no more than two wheels save where the applicant declares that they are suffering from a relevant disability of such a nature that they are unable to ride a vehicle which has two wheels.

(2) A provisional licence granted in respect of a vehicle with two wheels shall be restricted to vehicles of a class within category AM or A.

Section 16 Conditions attached to provisional licences

(1) A provisional licence of any class is granted subject to the conditions prescribed in relation to a licence of that class in the following paragraphs.

(2) Subject to the following paragraphs, the holder of a provisional licence shall not drive a vehicle of a class which he is authorised to drive by virtue of that licence—

(a) otherwise than under the supervision of a qualified driver , or driving instructor, 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.

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

(a) is driving a motor vehicle constructed to carry only one person which is not adapted to carry more than one person and is a vehicle in sub-category B1 (invalid carriages), a motor tricycle, a motor vehicle having four wheels and an unladen weight not exceeding 550 kilograms or a motor vehicle of a class included in category F, G, H or K;

(aa) is driving a motor vehicle of a class included in former sub-category B1 which is adapted to carry only one person and has at any time between 1st August 2002 and 1st March 2003, had the use of an NHS invalid carriage that was issued to him by reason of his having a relevant disability.

(b) is riding a moped or a motor bicycle with or without a side-car , a category P vehicle or a category Q vehicle ; or

(c) is driving a motor vehicle, other than a vehicle of a class included in category C, C+E, D or D+E, on a road in an exempted island.

(4) The condition specified in paragraph (2)(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 (2)(b).

(4A) When the holder of the provisional licence is driving an electric scooter being used in a trial the condition specified in paragraph 2(b) shall not apply.

(5) The condition specified in paragraph (2)(c) shall not apply to the holder of a provisional licence authorising the driving of a vehicle of a class included in category ... C+E, D+E or F, in relation to motor vehicles of that class.

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

(a) a moped, ...

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

(c) a category P vehicle, or

(d) a category Q vehicle.

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

(7) The holder of a provisional licence authorising the driving of a motor bicycle other than an A1 motorcycle shall not drive such a vehicle otherwise than under the supervision of a certified direct access instructor ... 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,

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

(d) carrying a valid certificate issued in respect of him by the Secretary of State under regulation 65(4),

while he and the instructor are wearing apparel which is fluorescent or (during hours of darkness) is either fluorescent or luminous.

(7A) The holder of a provisional licence authorising the driving of a moped or an A1 motorcycle shall not drive such a vehicle on a road when undergoing relevant training, unless the instructor giving the training is at all times—

(a) present with the person holding the licence on the road while riding a two-wheeled vehicle in category AM or A or a category P vehicle or, if the instructor is suffering from a relevant disability of such a nature that they are unable to ride a two-wheeled vehicle, a three-wheeled vehicle in category AM or A, and

(b) supervising only him or him and not more than 3 other persons each of whom holds such a provisional licence.

(7B) In paragraph (7A)—

(a) “relevant training” means training (otherwise than as part of an approved training course for motor cyclists) in how to drive a moped or learner motor cycle given by a professional instructor; and

(b) “professional instructor” means an instructor paid money or money’s worth for giving such training.

(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 (2)(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 (2)(a), (7) and (8) shall not apply when the holder of the provisional licence is undergoing a test.

(10) The conditions specified in paragraphs (2), (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 test pass certificate stating that he has passed a test for the grant of a licence authorising him to drive vehicles of that class.

(11) The condition specified in paragraph (7)(b) shall not apply in the case of a provisional licence holder who is unable, by reason of impaired hearing, to receive directions from the supervising instructor by radio where the licence holder and the instructor are employing a satisfactory means of communication which they have agreed before the start of the journey.

(11A) The holder of a disability assessment licence shall not drive a vehicle of a class which he is authorised to drive by virtue of the licence otherwise than during a period which—

(a) commences with the beginning of such period prior to the taking of the disability assessment test required by a relevant notice as is specified in writing by the Secretary of State when serving that notice; and

(b) ends with the completion of the test;

and, for these purposes, a “relevant notice” is a notice under section 94(5)(c) of the Traffic Act requiring the person to submit to a disability assessment test.

(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13) In this regulation—

(za) “driving instructor” means a person whose name is entered in ... the register established under section 123 of the Traffic Act.

(a) “exempted island" means any island outside the mainland of Great Britain from which motor vehicles, unless constructed or adapted 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;

(aa) “ NHS invalid carriage” means a motor vehicle included in sub-category B1 (invalid carriages) that is owned by the Department for Health ;

(b) “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;

(c) “qualified driver" shall be interpreted in accordance with regulation 17.

Section 17 Meaning of “qualified driver"

(1) Subject to paragraphs (2) and (2A) , a person is a qualified driver for the purposes of regulation 16 if he—

(a) is 21 years of age or over,

(b) holds a relevant licence,

(c) has the relevant driving experience, and

(d) in the case of a disabled driver, he is supervising a provisional licence holder who is driving a vehicle of a class included in categories B, C, D, C+E, or D+E and would in an emergency be able to take control of the steering and braking functions of the vehicle in which he is a passenger.

(2) In the case of a person who is a member of the armed forces of the Crown acting in the course of his duties for naval, military or air force purposes sub-paragraphs (a) and (c) of paragraph (1) shall not apply.

(2A) For the purposes of supervising the holder of a provisional licence driving a vehicle of a class included in sub-category C1, C1+E, D1 or D1+E (“the learner vehicle”) which the holder is authorised to drive by that licence, a person is not a qualified driver unless that person has, in addition to meeting the requirements specified in paragraph (1), passed a test in which the vehicle used in the practical test fell within the same sub-category as that of the learner vehicle , or such a person gained their entitlement to drive vehicles included in such sub-categories on or after 15th November 2021 .

(3) For the purposes of this regulation—

(a) “disabled driver" means a person who holds a relevant licence which is limited by virtue of a declaration made with his application for the licence or a notice served under section 92(5)(b) of the Traffic Act to vehicles of a particular class;

(b) “full licence" includes a full Northern Ireland licence and a Community licence;

(c) “relevant licence” means, subject to sub-paragraph (d), a full licence authorising—

(i) the driving of vehicles of the same class as the vehicle being driven by the provisional licence holder, and

(ii) where sub-paragraph (f) applies—

(aa) where that class of vehicle is included within any sub-category specified in column 1 of the table at the end of this regulation, the driving of vehicles in the sub-category specified in column 2 which is opposite that sub-category, or

(bb) where sub-paragraph (aa) does not apply, the driving of vehicles in the category specified in column 2 of that table which is opposite the category specified in column 1 that includes the class of vehicle being driven by the provisional licence holder;

(d) in the case of a disabled driver who holds a licence authorising the driving of vehicles in category B, a relevant licence must authorise the driving of a quadricycle or vehicles in sub-category B1 (invalid carriages) ;

(e) ... a person has relevant driving experience if—

(i) where sub-paragraph (c)(i) only applies, he has held the relevant licence for a period of 3 years, or

(ii) where sub-paragraph (c)(ii) applies, he has held the relevant licence authorising the driving of vehicles—

(aa) of the same class as the vehicle being driven by the provisional licence holder for a minimum period of 1 year, and

(bb) in the category or sub-category specified in column 2 described in sub-paragraph (c)(ii) for a minimum period of 3 years;

(ea) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) this sub-paragraph applies where—

(i) a person holds a full licence authorising the driving of vehicles of the same class as the vehicle being driven by the provisional licence holder;

(ii) that class is included in a category or sub-category specified in column 1 of the table at the end of this regulation, and

(iii) that person has held that licence for less than a minimum period of 3 years;

(g) for the purposes of sub-paragraphs (e) and (f), the minimum period of time for holding a full licence may be met either by holding that licence continuously for that period or for periods amounting in aggregate to not less than that period.

TABLE

Section 18 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 80, 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 16 at that time.

Section 19 Full licences and provisional entitlement

(1) Sections 98(2) and 99A(5) of the Traffic Act shall apply in accordance with the following paragraphs.

(2) Subject to paragraphs (3), (4), (5), (6), (11) and (12), the holder of a full licence which authorises 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 may drive motor vehicles—

(a) of other classes included in that category or sub-category, and

(b) of a class included in each category or sub-category specified, in relation to that category or sub-category, in column (2) of the table,

save where he is the holder of a full licence which authorises the driving of motor vehicles of a class included in that category or sub-category, as if he were authorised by a provisional licence to do so.

(3) Section 98(2) shall not apply to a full licence if it 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.

(4) Section 98(2) shall not authorise a person who has not passed a test of competence to drive a moped or a motor bicycle to drive a category P vehicle or a category Q vehicle other than an electric scooter being used in a trial .

(4A) In the case of a full licence granted before 19th January 2013 which authorises the driving of a class of standard motor bicycles, other than motor bicycles with an engine the maximum net power output of which is 11 kilowatts or less, section 98(2) shall not apply so as to authorise the driving of an A3 motorcycle before the expiration of the standard access period.

(4B) Section 98(2) shall not apply so as to authorise the driving, as if authorised by a provisional licence, of vehicles of any class included in category B96.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In the case of a full licence which authorises the driving of a class of vehicles included in category C or C+E, paragraph (2) applies subject to the provisions of regulation 54.

(7) Subject to paragraphs (8), (9), (10), (11) and (12), the holder of a Community licence to whom section 99A(5) of the Traffic Act applies and who is authorised to drive in Great Britain 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 motor vehicles—

(a) of other classes included in that category or sub-category, and

(b) of a class included in each 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.

(8) Section 99A(5) shall not apply to a Community licence if it authorises the driving only of motor vehicles adapted on account of a disability.

(9) In the case of a Community licence granted before 19th January 2013 which authorises the driving of a class of standard motor bicycle other than bicycles included in sub-category A1, section 99A(5) shall not apply so as to authorise the driving of an A3 motorcycle by a person under the age of 21 before the expiration of the period of two years commencing on the date when that person passed a test for a licence authorising the driving of that class of standard motor bicycle (and in calculating the expiration of that period, any period during which that person has been disqualified for holding or obtaining a licence shall be disregarded).

(10) In the case of a Community licence which authorises the driving only of motor bicycles of a class included in sub-category A1 section 98(2) shall not apply so as to authorise the driving of an A3 motorcycle by a person under the age of 21.

(11) Except to the extent provided in paragraph (12), section 98(2) shall not apply to a full licence, and section 99A(5) shall not apply to a Community licence, in so far as it authorises its holder to drive motor vehicles of any class included in category ... C+E, D+E or K or in sub-category B1 (invalid carriages), C1 or D1 (not for hire or reward).

(12) A person—

(a) who holds a full licence authorising the driving only of those classes of vehicle included in a category or sub-category specified in paragraph (11) which have automatic transmission (and are not otherwise adapted on account of a disability), or

(b) who holds a Community licence, to whom section 99A(5) of the Traffic Act applies and who is authorised to drive in Great Britain only those classes of vehicle included in a category or sub-category specified in paragraph (11) which have automatic transmission (and are not otherwise adapted on account of a disability),

may drive motor vehicles of all other classes included in that category or sub-category which have manual transmission as if he were authorised by a provisional licence to do so.

TABLE

Section 20 Signatures on licences

In order that a licence may show the usual form of signature of its holder—

(a) where the Secretary of State so requires, a person applying for a licence shall provide the Secretary of State with a specimen of his signature which can be electronically recorded and reproduced on the licence;

(b) where no such requirement is made, a person to whom a licence is granted shall forthwith sign it in ink in the space provided.

Section 21 Lost or defaced licences

(1) If the holder of a licence—

(a) satisfies the Secretary of State that—

(i) the licence ... 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 14,

the Secretary of State shall, on the surrender of any licence that has not been lost, issue to him a duplicate licence and the duplicate so issued shall have the same effect as the original. .

(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 Secretary of State, 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 Secretary of State.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 21A Exchangeable licences

(1) Where an exchangeable licence is exchanged for a licence such an exchange must be recorded on the licence and on any subsequent renewal or replacement.

(2) An exchange as described in paragraph (1) may only occur if the exchangeable licence has been surrendered to the Secretary of State.

Section 21B Prohibition on holding more than one licence

(1) A person must not hold more than one licence.

(2) In this regulation, “licence” includes a Northern Ireland licence and a Community licence.

(3) In this regulation, “Community licence” does not include a document authorising the holder to drive a motor vehicle which was issued by a state before the date on which that state became a member State or the date on which that state became a party to the EEA agreement.

Section 22 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—

in the case of a safe road use test, a person appointed by the Secretary of State to conduct such a test under paragraph (1)(a) of regulation 22A; ...

in the case of a theory test, a person appointed by the Secretary of State to conduct such a test under paragraph (1)(a)(ii) or (2)(a) of regulation 23; and

in the case of a large vehicle off road manoeuvres test, a large vehicle off road manoeuvres test examiner;

“the CPC subjects” means the list of subjects set out in section 1 of Annex I to Directive 2003/59/EC of the European Parliament and of the Council of 15 July 2003 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers, amending Council Regulation (EEC) No. 3820/85 and Council Directive 91/439/EEC and repealing Council Directive 76/914/EEC in so far as these subjects are not already covered by the matters specified in regulation 40C(5) in respect of a vehicle of the relevant class , reading point 2.1 of section 1 of Annex 1 as if the references to Regulations (EEC) No 3820/85 and (EEC) No 3821/85 were references to Regulation (EC) No 561/2006 on the harmonisation of certain social legislation relating to road transport and to Regulation (EU) No 165/2014 on tachographs in road transport;

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

“educational qualification” means—

a qualification awarded by Qualifications Scotland pursuant to section 2(1) of the Education (Scotland) Act 2025;

a qualification accredited by Qualifications Scotland pursuant to section 4(1) of the Education (Scotland) Act 2025;

...

...

a qualification which has been awarded or authenticated by an awarding body recognised for either of those purposes by the Office of Qualifications and Examinations Regulation (“Ofqual”) under section 132 of the Apprenticeships, Skills, Children and Learning Act 2009 and, where that qualification is subject to the accreditation requirement under section 138 of that Act, which has been accredited by Ofqual under section 139 of that Act; or

a qualification which has been awarded by a body in respect of the award of which it is recognised by Qualifications Wales under Part 3 of the Qualifications Wales Act 2015;

“excepted matters” means the matters falling within Schedule 7, Part 2, section B paragraph 2, section C paragraph 3, section D paragraph 2, section E and section F paragraphs 1 and 3;

“large vehicle instructor" means a person operating an establishment for providing instruction in the driving of vehicles included in category B+E, C, C+E, D or D+E, including an establishment which provides tuition to prepare persons for the theory test;

“motor bicycle instructor" means a person operating an establishment for providing instruction in the driving of vehicles included in categories AM or A , including an establishment which provides tuition to prepare persons for the theory test;

“motor car instructor” means a person operating an establishment for providing instruction in the driving of vehicles included in category B, including an establishment which provides tuition to prepare persons for the theory test;

“qualification award certificate” means a certificate which certifies that the person to whom it has been issued has been awarded the Safe Road User Award;

“relevant awarding authority” means a body which awards or authenticates relevant qualifications;

“relevant qualification” means an educational qualification in respect of which a safe road use test must be passed before the qualification can be awarded;

“relevant qualification certificate” means a certificate issued by a relevant awarding authority which certifies that the person to whom it has been issued has been awarded a relevant qualification;

“safe road use test” means an examination the content of which is set out in regulation 40B(ZA1);

“Safe Road User Award” means the qualification of that name which is awarded by the Scottish Qualifications Authority before 1st May 2010;

...

“working day" means (other than in regulation 35) a day other than a ... 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 Banking and Financial Dealings Act 1971 ).

Section 22A Persons by whom safe road use test may be conducted

(1) Subject to the provisions of this regulation, a safe road use test may only be conducted by—

(a) a person (including a relevant awarding authority) appointed in writing for that purpose by the Secretary of State; or

(b) a person or class of persons appointed by a relevant awarding authority for the purpose of testing persons taking a safe road use test as part of a relevant qualification.

(2) No relevant awarding authority shall be eligible to appoint any person or class of persons under paragraph (1)(b) unless, following an application made to the Secretary of State for the purpose of that paragraph, the Secretary of State is satisfied in relation to such an appointment that—

(a) proper arrangements will be made by the authority for the conduct of the test in accordance with these Regulations; and

(b) proper records of the tests and the results of the tests will be kept by the authority,

and has granted approval in writing to the authority making the appointments, the approval to be subject to such conditions as the Secretary of State thinks fit to impose.

(3) An appointment made under paragraph (1)(a) may be made subject to such conditions as are, in the opinion of the Secretary of State, reasonably necessary in the general interests of candidates.

(4) The Secretary of State may vary any conditions imposed under paragraphs (2) or (3) by notice in writing given to the appointed person or to the relevant awarding authority in the case of an approval granted under paragraph (2).

(5) No person, or member of a class of persons appointed by virtue of paragraph (1)(b), may conduct tests unless the Secretary of State has approved the appointments in writing and such approval shall be granted only if the Secretary of State is satisfied that that person is, or the members of that class of persons are, capable of making a proper assessment of a candidate’s knowledge of the matters in Schedule 7 Part 2 other than the excepted matters.

Section 22B Persons by whom safe road use test may be conducted

(1) The Secretary of State shall, on request, supply (by electronic or other means) a test set to any relevant awarding authority.

(2) In this regulation, a “test set” means a set of the information and materials necessary for the conduct of the safe road use test, for each person taking the test.

Section 23 Persons by whom theory tests may be conducted

(1) Subject to paragraph (8A). A theory test other than a test conducted in the circumstances specified in paragraph (2) may be conducted by—

(a) a person appointed in writing by the Secretary of State—

(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 who, or a member of a class of persons which, has been 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 a chief officer of police, for the purpose of testing—

(i) members of a police force, and

(ii) persons employed by a police authority, local policing body or chief officer of police for the purpose of assisting a police force;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(da) in England, a person appointed by any fire and rescue authority for the purpose of testing employees of any fire and rescue authority;

(da) in England or Wales, a person appointed by any fire and rescue authority for the purpose of testing employees of any fire and rescue authority;

(db) in Scotland, a person appointed by any relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5)) the Scottish Fire and Rescue Service for the purpose of testing employees of any relevant authority that Service ;

(dc) in England or Wales, a person appointed by any ambulance service NHS trust, or ambulance service NHS foundation trust, for the purpose of testing employees of any of those trusts;

(dd) in Scotland, a person appointed by the Scottish Ambulance Service Board , for the purpose of testing employees of that Board;

(de) a person who, or a member of a class of persons which—

(i) has been appointed to conduct theory tests under sub-paragraph (b) of paragraph (1), and

(ii) has the prior written approval of the Secretary of State for the purpose of testing employees of one or more emergency services;

(df) a person who—

(i) is appointed to conduct theory tests under any one of sub-paragraphs (c) to (dd) of paragraph (1), and

(ii) has the prior written approval of the Secretary of State for the purpose of testing either or both—

(aa) defence personnel;

(bb) employees of one or more other emergency services;

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

(i) has been approved by the Secretary of State, 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 , or

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

(i) has been approved by the Secretary of State, and

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

for the purpose of conducting, in respect of eligible candidates, theory tests in respect of any class of goods vehicles.

(1A) The Secretary of State may grant approval under paragraph (1)(de)(ii) or (df)(ii) subject to such conditions as the Secretary of State thinks fit and may vary any such conditions by notice in writing given to the person to whom the approval was granted.

(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 Secretary of State for the purpose;

(b) a person who, or a member of a class of persons which, has been 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), (da), (db), (dc), (dd), (e) or (f) 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 Secretary of State is satisfied that—

(a) proper arrangements will be made by the applicant, 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.

(3A) The Secretary of State may vary any conditions imposed under paragraph (3) by notice in writing given to the person to whom the approval was granted.

(4) In the case of an application made by a chief officer of police for the purposes of sub-paragraph (c) of paragraph (1), the Secretary of State may grant his approval under paragraph (3) in respect of the testing of all the persons mentioned in that sub-paragraph or only in respect of the testing of the persons mentioned in paragraph (i) thereof.

(5) No person or class of persons may be appointed under the provisions of sub-paragraphs (b), (c), (da), (db), (dc), (dd), (e) or (f) of paragraph (1) or under paragraph (2)(b) unless the person making the appointment has appointed a person or class of persons to conduct manoeuvres tests or practical tests under the provisions of regulation 24(1) and the Secretary of State has approved that appointment.

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

(7) 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.

(8) No person or member of a class of persons appointed by virtue of sub-paragraphs (b), (c), (da), (db), (dc), (dd), (e) or (f) of paragraph (1) or under paragraph (2)(b) may conduct tests unless the Secretary of State has given his approval in writing to the appointment and such approval shall be granted only if the Secretary of State 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 knowledge and understanding of driving theory relating to the category or sub-category of vehicles in respect of which he is appointed to conduct tests.

(8A) The following persons may not conduct a theory test within the meaning of regulation 3A(1)(ab)—

(a) a person appointed under paragraph (1)(da), (db), (dc), (dd), (e) or (f);

(b) a person to whom paragraph 1(df) applies on grounds that included prior appointment under paragraph 1(da) to (dd).

(9) In this regulation and regulation 24—

“ambulance service NHS trust” or “ambulance service NHS foundation trust” means—

in England, a National Health Service trust or NHS foundation trust established under the National Health Service Act 2006 which has a function of providing ambulance services;

in Wales, a National Health Service trust established under the National Health Service (Wales) Act 2006 which has a function of providing ambulance services;

“chief officer of police", “police area" and “police authority" have in relation to England and Wales the meanings given in section 101(1) of the Police Act 1996 ;

“company" includes a body corporate;

“defence personnel” means members of the armed forces of the Crown and persons in the public service of the Crown under the department of the Secretary of State for Defence;

“eligible candidate" means—

a person who is employed as a driver by the company which holds the PSV licence where paragraph (1)(e) applies, or the goods vehicle operator’s licence where paragraph (1)(f) applies, or by a sister company of that company which holds a licence of the same description, 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 licence where paragraph (1)(e) applies, or the goods vehicle operator’s licence where paragraph (1)(f) applies, or by a sister company of that company which holds a licence of the same description, or;

“emergency services” means—

a police force, and a reference to employees of a police force includes a reference to members of the force and persons employed by a police authority, local policing body or chief officer of police for the purpose of assisting a police force;

a fire and rescue authority;

the Scottish Fire and Rescue Service ;

an ambulance service NHS Trust or ambulance service NHS Foundation Trust;

the Scottish Ambulance Service Board;

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 .

“goods vehicle operator’s licence” means the holder of an operator’s licence within the meaning of section 58(1) of the Goods Vehicles (Licensing of Operators) Act 1995.

Section 23A

(1) The Secretary of State shall, on request, supply (by electronic or other means) a test set to any person who has appointed another person or class of persons to conduct theory tests under sub-paragraph (b), (c), (da), (db), (dc), (dd), (e) or (f) of regulation 23(1) or under regulation 23(2)(b).

(2) For each test set supplied under paragraph (1) in respect of a test which—

(a) is of the type specified in column (2) of an item in the table;

(b) relates to a vehicle falling within a category specified in column (3); and

(c) is to be conducted at a time specified in column (4),

the Secretary of State may make a charge of the amount specified in column (5).

(2) Type of test

(3) Vehicle category

(4) Time

(5) Charge £

(3) The charge referred to in paragraph (2) is payable by the person who has appointed a person or class of persons to conduct the theory test for which a test set has been supplied.

(4) In this regulation, a “test set” means—

(a) in respect of a test falling within item 1 or 2 of the table in paragraph (2) , a set of the information and materials necessary for the conduct of that test, including the film clips as described in regulation 40B, for each person taking the test; and

(b) in respect of a test falling within item 3, 4 or 5 of the table in paragraph (2) , a set of theory test questions, in the case of the large vehicle test of driving theory or a set of film clips, in the case of the large vehicle test of hazard perception, the set of questions or clips each being as described in regulation 40B, for each person taking the test.

Section 24 Persons by whom manoeuvres tests, large vehicle off road manoeuvres tests, practical tests and unitary tests may be conducted

(1) A manoeuvres test, large vehicle off road manoeuvres test, practical test or unitary test other than a test conducted in the circumstances specified in paragraph (2) or (2A) may, subject to the following provisions of this regulation, be conducted by—

(a) a person in the public service of the Crown appointed by the Secretary of State;

(b) a person who, or a member of a class of persons which, has been 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) ... ... ... ...

(ca) in England, a person appointed by any fire and rescue authority for the purpose of testing employees of any fire and rescue authority;

(ca) in England or Wales, a person appointed by any fire and rescue authority for the purpose of testing employees of any fire and rescue authority;

(cb) in Scotland, a person appointed by any relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5) ) the Scottish Fire and Rescue Service for the purpose of testing employees of any relevant authority that Service ;

(cc) in England or Wales, a person appointed by any ambulance service NHS trust, or ambulance service NHS foundation trust, for the purpose of testing employees of any of those trusts;

(cd) in Scotland, a person appointed by the Scottish Ambulance Service Board for the purpose of testing employees of that Board;

(ce) a person who, or a member of a class of persons which, —

(i) has been appointed to conduct manoeuvres, practical or unitary tests under sub paragraph (b) of paragraph (1), and

(ii) has the prior written approval of the Secretary of State for the purpose of testing employees of one or more emergency services;

(cf) a person who—

(i) is appointed to conduct manoeuvres, practical or unitary tests under any one of sub paragraphs (ca) to (cd) or (d) of paragraph (1), and

(ii) has the prior written approval of the Secretary of State for the purpose of testing either or both—

(aa) defence personnel;

(bb) employees of one or more other emergency services;

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

(i) members of a police force, and,

(ii) persons employed by a police authority, local policing body or chief officer of police for the purpose of assisting a police force;

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(i) has been approved by the Secretary of State, 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 , or

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

(i) has been approved by the Secretary of State, and

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

for the purpose of conducting, in respect of eligible candidates, practical tests in respect of any class of goods vehicles.

(1ZA) Subject to paragraphs (3), (3A) and (5), a large vehicle off road manoeuvres test, other than a large vehicle off road manoeuvres test conducted in the circumstances specified in paragraph (2) or (2A), may be conducted by a person who—

(a) has been appointed by a body approved by the Secretary of State for the purpose of conducting large vehicle off road manoeuvres tests, and

(b) has the prior written approval of the Secretary of State for the purpose of testing a class of persons specified in the instrument of appointment.

(1ZB) An appointment made under paragraph (1ZA) may be made subject to such conditions as are, in the opinion of the Secretary of State, reasonably necessary in the general interests of candidates, and where a person breaks such a condition, the Secretary of State may approve another person to carry out large vehicle off road manoeuvres tests in substitution for that person notwithstanding that the first approval has not been revoked.

(1A) The Secretary of State must ensure that persons appointed as examiners for the purposes of paragraph (1)—

(a) who were appointed on or after 19th January 2013 meet and maintain the minimum standards set out in paragraphs 1, 2.1 and 2.2 of Annex IV , and

(b) who were appointed before 19th January 2013 meet the quality assurance and regular periodic training arrangements in place in accordance with paragraph 4 of Annex IV.

(1B) The Secretary of State must establish arrangements for authorising an examiner to conduct driving tests and ensure that such arrangements are in compliance with paragraphs 2.3, 3 and 5.1 of Annex IV.

(1C) The Secretary of State must ensure that there are in place quality assurance and regular periodic training arrangements of driving examiners in accordance with paragraph 4 of Annex IV.

(1D) In this regulation, “Annex IV ” means Annex IV of Directive 2006/126/EC of the European Parliament and of the Council on driving licences reading that Annex as if—

(a) in the fifth indent of point 1.3, “EU and” was omitted, and

(b) references to “Member States” or “Member State” were references to the Secretary of State.

(1E) The Secretary of State may grant approval under paragraph (1)(ce)(ii) or (cf)(ii) subject to such conditions as the Secretary of State thinks fit, and may vary any such conditions by notice in writing given to the person to whom the approval was granted.

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

(a) a person in the public service of the Crown appointed by the Secretary of State, or

(b) a person who, or a member of a class of persons which, has been 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.

(2A) A manoeuvres test, a large vehicle off road manoeuvres test or a practical test which is conducted as a disability assessment test shall be conducted by—

(a) a person in the public service of the Crown appointed by the Secretary of State for the purposes of paragraph (1)(a), or

(b) a person appointed by the Secretary of State for the purpose of conducting the test.

(3) No person shall be eligible to appoint any person or class of persons to conduct manoeuvres tests, large vehicle off road manoeuvres tests, practical tests or unitary tests under the provisions of sub-paragraphs (b), (ca), (cb) (cc), (cd), , (d), (f) or (g) of paragraph (1) , under paragraph (1ZA) or under paragraph (2)(b) unless, following an application made to him for the purpose of any of those sub-paragraphs, the Secretary of State is satisfied that—

(a) proper arrangements will be made by the applicant, 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.

(3A) The Secretary of State may vary any conditions imposed under paragraph (3) by notice in writing given to the person to whom the approval was granted.

(4) In the case of an application made by a chief officer of police for the purposes of sub-paragraph (d) of paragraph (1), the Secretary of State may grant his approval under paragraph (3) in respect of the testing of all the persons mentioned in that sub-paragraph or only in respect of the testing of the persons mentioned in paragraph (i) thereof.

(5) No person or member of a class of persons appointed under the provisions of sub-paragraphs (b), (ca), (cb) (cc), (cd), , (d), (f) or (g) of paragraph (1) , under paragraph (1ZA) or under paragraph (2)(b) may conduct tests unless the Secretary of State has given his approval in writing to his appointment and such approval shall be granted only if the Secretary of State 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.

(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) Each person who has appointed a person to conduct tests under sub-paragraph (ca), (cb) (cc), (cd), , (d), (f) or (g) of paragraph (1) shall pay an annual charge of £950 during the currency of the appointment to the Secretary of State in accordance with paragraph (8) in respect of each person so appointed.

(8) In the case of an appointment made—

(a) on or after 4 August 2008, the annual charge is payable on the making of the appointment and on each anniversary of the appointment; and

(b) before 4 August 2008, the annual charge is payable on 4 August 2008 and on each anniversary of that date.

Section 25 Revocation of authority to conduct tests

(1) The Secretary of State may revoke—

(a) an appointment made under regulation 23(1)(a) or (2)(a) or under regulation 24(1)(a) , (1ZA) or (2)(a), or

(b) an approval given under regulation 23 (1)(de)(ii), (1)(df)(ii), (3) or (8) or under regulation 24 (1)(ce)(ii), (1)(cf)(ii) , (1ZA)(a), (3) (3) or (5),

by notice in writing and the authority of the person whose appointment is revoked or whose approval is withdrawn to conduct theory tests or large vehicle off road manoeuvres tests or, as the case may be, to appoint other persons to conduct unitary tests, manoeuvres tests, large vehicle off road manoeuvres tests, practical tests 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 23(1)(de)(ii), (1)(df)(ii), (3), 24(1)(ce)(ii), (1)(cf)(ii) , (1ZA) or (3) is withdrawn, that person shall immediately return to the Secretary of State all forms of pass certificates supplied to him under regulations 47(8) and 48(3) which he still holds.

Section 25A Revocation of authority to conduct tests

(1) The Secretary of State may revoke—

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

(b) an approval given under regulation 22A(2),

by notice in writing and the authority of the person whose appointment or approval is revoked to conduct safe road use tests or, as the case may be, to appoint others to do so shall cease upon the date specified in the notice.

Section 25B Applications for safe road use tests

(1) Subject to paragraph (4), a relevant awarding authority which is approved under regulation 22A(2) but which is not an appointed person may apply to an appointed person for an appointment for a safe road use test in respect of a person seeking to attain a relevant qualification (“the candidate”).

(2) An application made under paragraph (1) shall specify the date, time and location of the appointment sought and provide the name and such further details relating to—

(i) the candidate who is to attend the appointment to take the test, and

(ii) whether the candidate has special needs,

as the appointed person may reasonably require.

(3) Subject to paragraph (4), upon receipt of such details the appointed person shall confirm to the relevant awarding authority the date and time of the appointment.

(4) The appointed person may refuse to accept an application from a relevant awarding authority (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 safe road use tests.

(5) Subject to paragraph (6), no application may be made for an appointment on behalf of a person who has failed to pass a safe road use test if less than three working days, commencing with the day after the first test, would expire before the day on which the subsequent test would take place.

(6) Paragraph (5) shall not apply in a case where the appointed person has given notice, prior to the first test, that an appointment for a subsequent test would be accepted without the interval referred to in that paragraph having expired.

Section 26 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 appropriate fee as specified in regulation 30.

(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 27, 28 or 28A 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 27 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 AM or A 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, and

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) pay the fee (recoverable from the person nominated under paragraph (4)) specified in regulation 30(3) .

(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 theory 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 AM or A may neither be so nominated nor apply under regulation 26 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 at 16.00 hours on the day which allows one clear working day to elapse between that day and the day for which the appointment is made.

Section 28 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, and

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) pay the fee (recoverable from the person nominated under paragraph (4)) specified in regulation 30(1) or (2) .

(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 26 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 at 16.00 hours on the day which allows one clear working day to elapse between that day and the day for which the appointment is made.

Section 28A Applications for theory tests: motor car instructors

(1) A motor car instructor who wishes to make an appointment for a theory test prescribed in respect of motor vehicles in category B 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 nature of the test as the appointed person may reasonably require,

(c) pay the fee (recoverable from the person nominated under paragraph (4)) specified in regulation 30(3) .

(2) The appointed person may refuse to accept an application from a motor car 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 motor car instructor the date and time of the appointment.

(4) If, before the expiration of the qualifying period, the appointed person receives from the motor car 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 car instructor pursuant to paragraph (4) for a theory test prescribed in respect of any category may neither be so nominated nor apply under regulation 26 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 at 16.00 hours on the day which allows one clear working day to elapse between that day and the day for which the appointment is made.

Section 29 Eligibility to reapply for theory test

(1) Subject to paragraph (2), a person who has failed to pass a theory test prescribed in respect of any category may not make an application for another test of that nature to be conducted before the expiry of a period of three clear working days commencing with the day after the date of the first test.

(2) Paragraph (1) shall not apply—

(a) in a case where the person is either a member of the armed forces of the Crown or a person in the civil service of the Crown under the Secretary of State for Defence and the application is made with the consent of a person authorised by the Secretary of State for Defence; or

(b) in a case where the first test is conducted by an appointed person in accordance with paragraph (1)(a) or (2)(a) of regulation 23 and the Secretary of State has, prior to that test, given notice to the person that he will accept an application for a further test to be conducted before the expiry of the period mentioned in paragraph (1).

Section 30 Fees for theory tests

(1) The fee payable for a large vehicle test of driving theory to be conducted by an appointed person is—

(a) £35 if the test is to be conducted before 1st October 2014;

(b) £28 if the test is to be conducted during the period beginning with 1st October 2014 and ending on 30th September 2015;

(c) £26 if the test is to be conducted on or after 1st October 2015.

(2) The fee payable for a large vehicle test of hazard perception to be conducted by an appointed person is—

(a) £15 if the test is to be conducted before 1st October 2014;

(b) £12 if the test is to be conducted during the period beginning with 1st October 2014 and ending on 30th September 2015;

(c) £11 if the test is to be conducted on or after 1st October 2015.

(3) Subject to paragraph (4), the fee payable for a theory test to be conducted by an appointed person in respect of a motor vehicle in category AM, A or B is—

(a) £31 if the test is to be conducted before 1st October 2014;

(b) £25 if the test is to be conducted during the period beginning with 1st October 2014 and ending on 30th September 2015;

(c) £23 if the test is to be conducted on or after 1st October 2015.

(4) The fee payable for a theory test within the meaning of regulation 3A(1)(ab) is—

(a) £24 if the test is to be conducted before 1st October 2014;

(b) £19 if the test is to be conducted during the period beginning with 1st October 2014 and ending on 30th September 2015;

(c) £18 if the test is to be conducted on or after 1st October 2015.

Section 31 Applications for manoeuvres tests, large vehicle off road manoeuvres tests, practical tests and unitary tests: applicants in person

(1) An applicant in person wishing to take a manoeuvres test, large vehicle off road manoeuvres test, practical test or unitary test to be conducted by a DVSA examiner shall—

(a) apply for an appointment for such a test to the Secretary of State,

(b) provide the Secretary of State 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 Secretary of State may reasonably require, and

(c) pay such fee as is specified in regulation 35.

(1A) An applicant in person wishing to take a large vehicle off road manoeuvres test to be conducted by a large vehicle off road manoeuvres test examiner shall—

(a) apply for an appointment for such a test to a large vehicle off road manoeuvres test provider,

(b) provide the large vehicle off road manoeuvres test provider with such details relating to themself, the licence which they hold, the preferred location of the test, the nature of the test and the vehicle on which the test is to be taken as the large vehicle off road manoeuvres test provider may reasonably require, and

(c) pay such fee as may be specified in regulation 35.

(2) Upon receipt of such details and such fee the Secretary of State or a large vehicle off road manoeuvres test provider, as the case may be, 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 32 or 33 for a further appointment for a manoeuvres test, large vehicle off road manoeuvres test, practical test or unitary test, as the case may be, 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).

(4) For the purposes of paragraph (1A), no application may be made for a large vehicle off road manoeuvres test which can or will be conducted by a large vehicle off road manoeuvres test examiner that has provided any form of instruction in any capacity to the applicant in person.

Section 32 Applications for manoeuvres or practical tests: motor bicycle instructors

(1) A motor bicycle instructor who wishes to make an appointment for a manoeuvres test or a practical test prescribed in respect of category AM or A which is to be conducted by a DVSA 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 Secretary of State, 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 Secretary of State may reasonably require, and

(c) pay such fee (recoverable from the person nominated under paragraph (4)) as is specified in regulation 35.

(2) The Secretary of State 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 Secretary of State, it is reasonably necessary to do so in the general interests of applicants for manoeuvres tests, practical tests or unitary tests.

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

(4) If, before the expiration of the qualifying period, the Secretary of State 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 Secretary of State may reasonably require, the Secretary of State 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 manoeuvres test or a practical test in respect of any class of motor vehicle included in category AM or A may neither be so nominated nor apply under regulation 31 for a further appointment for a test of the same sort 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 16.00 hours on the day which allows one clear working day to elapse between that day and the day for which the appointment is made.

Section 33 Applications for large vehicle off road manoeuvres tests or practical tests: large vehicle instructors

(1) A large vehicle instructor who wishes to make an appointment for a large vehicle off road manoeuvres test or a practical test prescribed in respect of category B+E, C, C+E, D or D+E which is to be conducted by a DVSA 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 Secretary of State, 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) the instructor,

(ii) the instructor’s establishment,

(iii) the vehicle on which the test is to be taken, and

(iv) the nature of the test,

as the Secretary of State may reasonably require, and

(c) pay such fee (recoverable from the person nominated under paragraph (4)) as is specified in regulation 35.

(2) The Secretary of State 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 Secretary of State, it is reasonably necessary to do so in the general interests of applicants for large vehicle off road manoeuvres tests, practical tests or unitary tests .

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

(4) If, before the expiration of the qualifying period, the Secretary of State 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 Secretary of State may reasonably require, the Secretary of State 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 or a large vehicle off road manoeuvres test in respect of any class of vehicle may neither be so nominated nor apply under regulation 31 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 16.00 hours on the day which allows one clear working day to elapse between that day and the day for which the appointment is made.

Section 33A Applications for large vehicle off road manoeuvres tests conducted by large vehicle off road manoeuvres test examiners: large vehicle instructors

(1) A large vehicle instructor who wishes to make an appointment for a large vehicle off road manoeuvres test prescribed in respect of category or sub-category B + E, C, C1, C + E, C1 + E, D, D1, D + E or D1 + E which is to be conducted by a large vehicle off road manoeuvres test 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 a large vehicle off road manoeuvres test provider, 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) the instructor,

(ii) the instructor’s establishment,

(iii) the vehicle on which the test is to be taken, and

(iv) the nature of the test,

as the large vehicle off road manoeuvres test provider may reasonably require, and

(c) pay such fee (recoverable from the person nominated under paragraph (4)) as may be specified in regulation 35.

(2) The large vehicle off road manoeuvres test provider 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.

(3) Subject to paragraphs (2) and (5), upon receipt of such details and such fee the large vehicle off road manoeuvres test provider shall confirm to the large vehicle instructor the date and time of the appointment.

(4) If, before the expiration of the qualifying period, the large vehicle off road manoeuvres test provider 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 themselves 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 large vehicle off road manoeuvres test provider may reasonably require, the large vehicle off road manoeuvres test provider must 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 large vehicle off road manoeuvres test in respect of any class of vehicle may neither be so nominated nor apply under regulation 31 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) they have 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 16.00 hours on the day which allows one clear working day to elapse between that day and the day for which the appointment is made.

(7) For the purposes of paragraph (1), no application may be made for a large vehicle off road manoeuvres test which can or will be conducted by a large vehicle off road manoeuvres test examiner that has provided any form of instruction in any capacity to the applicant in person.

Section 34 Eligibility to reapply for manoeuvres tests, large vehicle off road manoeuvres tests, practical tests or unitary tests

(1) Subject to the following provisions of this regulation, a person who has failed to pass a manoeuvres test, large vehicle off road manoeuvres test, practical test or unitary test (“the first test") for a licence authorising the driving of vehicles of a class included in any category may not make an application for another test for a licence authorising the driving of vehicles of any class included in the same category to be conducted before the expiry of the relevant period.

(2) Paragraph (1) shall not apply—

(a) in a case where the person is either a member of the armed forces of the Crown or a person in the civil service of the Crown under the Secretary of State for Defence and the application is made with the consent of a person authorised by the Secretary of State for Defence; or

(b) in a case where the first test is conducted by a DVSA examiner and the Secretary of State has, prior to that test, given notice to the person that he will accept an application for a further test to be conducted before the expiry of the relevant period.

(3) In this regulation, “the relevant period" means—

(za) in the case of a manoeuvres test, 3 clear working days,

(zb) in the case where the first test is a large vehicle off road manoeuvres test conducted by a large vehicle off road manoeuvres test examiner, 1 clear calendar day,

(a) subject to sub-paragraph (zb), in the case of a test for a licence authorising the driving of a vehicle of a class included in category B+E, C, C+E, D or D+E, 3 clear working days, and

(b) in any other case, 10 clear working days.

commencing with the first day after the date of the first test.

Section 35 Fees in respect of manoeuvres tests, large vehicle off road manoeuvres tests, practical tests or unitary tests

(1) No fee shall be payable in respect of a manoeuvres test, large vehicle off road manoeuvres test, practical test or unitary test conducted by a person appointed under regulation 24(1)(b), (ca), (cb), (cc), (cd) (d), (f) or (g) or (2)(b) or approved under regulation 24(1)(ce)(ii) or (cf)(ii) .

(2) Subject to paragraphs (3ZA), (3ZB), ... (4) and (5) , in the case of a ... practical test or unitary test which—

(a) is to be conducted by a DVSA examiner ,

(b) is not, or does not form part of, an extended driving test,

(c) is 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,

the fee payable is that specified in relation to that category or sub-category in column (2) of that Table.

(3) Subject to paragraphs (3ZA) (3ZB), ... and (4) , in the case of a ... practical test or unitary test which—

(a) is to be conducted by a DVSA examiner ,

(b) is, or forms part of, an extended driving test,

(c) is 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,

the fee payable is that specified in relation to that category or sub-category in column (3) of that Table.

(3ZZA) Subject to paragraph (4), in the case of a large vehicle off road manoeuvres test which—

(a) is to be conducted by a DVSA examiner, and

(b) is 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,

the fee payable is that specified in relation to that category or sub-category in column (4) of that Table.

(3ZZB) In the case of a large vehicle off road manoeuvres test which—

(a) is to be conducted by a large vehicle off road manoeuvres test examiner, and

(b) is 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,

the fee payable is that specified in relation to that category or sub-category in column (5) of that Table.

(3ZZC) The fee payable under paragraph (3ZZB) is to be paid to and retained by the large vehicle off road manoeuvres test provider as remuneration.

(3ZA) Subject to paragraphs (3C) and (4), in the case of a manoeuvres test or practical test which—

(a) is to be conducted by a DVSA examiner ,

(b) is not, or does not form part of, an extended driving test,

(c) is for a licence authorising the driving of a motor vehicle of a class included in category AM or A ,

the fee payable is that specified in relation to that test in column (2) of the Table in Schedule 5A.

(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3ZB) Subject to paragraph (4) , in the case of a manoeuvres test or practical test which—

(a) is to be conducted by a DVSA examiner ,

(b) is, or forms part of, an extended driving test,

(c) is for a licence authorising the driving of a motor vehicle of a class included in category AM or A ,

the fee payable is that specified in relation to that test in column (3) of the Table in Schedule 5A.

(3ZC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Where an appointment for a large vehicle off road manoeuvres test or practical test to commence during normal hours is cancelled by or on behalf of the Secretary of State 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) In a case where the test is for a licence authorising the driving of vehicles included in category B and the applicant holds a full licence authorising the driving of vehicles included in sub-category B1 (invalid carriages), no fee shall be payable.

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

(a) for a licence authorising the driving of a motor vehicle in category AM, A, B, F, G , H or K or subcategory A1 ... commences during normal hours if the time for which the test appointment is made is any time between 0730 hours and 1630 hours on a working day,

(b) for a licence authorising the driving of a motor vehicle in any other category commences 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

(c) commences out of hours, if the time for which the test appointment is made is at a time not specified above for the type of licence in question.

(7) In this regulation “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 Banking and Financial Dealings Act 1971).

Section 36 Cancellation of tests

For the purposes of paragraph (b) of section 91 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) subject to paragraph (ac), for a manoeuvres test, large vehicle off road manoeuvres test, practical test or unitary test to be conducted by a DVSA examiner must be given to the Secretary of State not less than three clear working days before the day for which the appointment is made;

(ab) for a large vehicle off road manoeuvres test to be conducted by a large vehicle off road manoeuvres test examiner must be given to the large vehicle off road manoeuvres test provider not less than three clear working days before the day for which the appointment is made;

(ac) for a practical test for a licence authorising the driving of a vehicle of a class included in category B to be conducted by a DVSA examiner must be given to the Secretary of State 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 37 Test vehicles

(1) Subject to paragraphs (3) and (3A) , the prescribed manoeuvres test, large vehicle off road manoeuvres test, practical test or unitary test for a licence authorising the driving of vehicles included in a category shown in column (1) of Table 1 at the end of this regulation must be conducted in a vehicle having a power, mass, size or other specification, equivalent to or (except in the case of a test prescribed in respect of category AM, F, G, H or K ) greater than that shown, and conforming to such description as may be set out, in relation to that category in column (2) of Table 1 .

(2) Subject to paragraphs (3) and (3A) , the prescribed manoeuvres test, large vehicle off road manoeuvres test or practical test for a licence authorising the driving of vehicles included in a sub-category shown in column (1) of Table 1 at the end of this regulation must be conducted in a vehicle having a power, mass, size or other specification, equivalent to or greater than that shown, and conforming to such description as may be set out, in relation to that sub-category in column (2) of Table 1 .

(2A) Where in an application for a manoeuvres test or a practical test prescribed in respect of category AM it is declared that the applicant is suffering from a relevant disability of such a nature that the applicant is unable to ride a moped with two wheels, that test shall be conducted on a specially adapted two-wheeled moped, a three-wheeled moped or a light quadricycle.

(3) Subject to paragraph (3A), where the test referred to in paragraph (1) is for a licence authorising the driving of vehicles in sub-category A1, A2 or A3 shown in column (1) of Table 1, the test must be conducted in a vehicle conforming to the description set out in relation to that sub-category in column (2) of Table 1.

(3A) Where in an application for a manoeuvres test or a practical test prescribed in respect of category A it is declared that the applicant is suffering from a relevant disability of such a nature that the applicant is unable to ride a motorcycle without side-car, the test must be conducted––

(a) in the case of the test for a licence authorising the driving of a vehicle in sub-category A1, on an A1 motor tricycle or an A1 motorcycle with sidecar where the capacity and unassisted speed on the level of the motor tricycle or the motorcycle, (as the case may be), conforms to the specification in the description set out in relation to sub-category A1 in column (2) of Table 1;

(b) in the case of the test for a licence authorising the driving of a vehicle in sub-category A2, on an A2 motorcycle with sidecar where the capacity and power output of the motorcycle conforms to the specification in the description set out in relation to sub-category A2 in column (2) of Table 1; and

(c) in the case of the test for a licence authorising the driving of a vehicle in sub-category A3, on an A3 motor tricycle or an A3 motorcycle with sidecar where the capacity and unassisted speed on the level of the motor tricycle or the motorcycle, (as the case may be) conforms to the specification in the description set out in relation to sub-category A3 in column (2) of Table 1 which-

(i) applies until 30 th December 2018 where the test is conducted on or before that date; and

(ii) applies on and from 31 st December 2018 where the test is conducted on or after that date

(4) A person submitting himself for a manoeuvres test, large vehicle off road manoeuvres test, practical test or unitary test shall provide a vehicle which—

(a) corresponds to the specification referred to in paragraph (1), (2) , (2A) or (3), 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, and

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

(5) A person submitting himself for a practical test prescribed in respect of category B or B+E shall provide a motor vehicle which—

(a) is fitted with a front passenger seat unless it—

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) has been adapted on account of a disability of the person who has submitted himself for the test and as part of that adaptation has had the front passenger seat removed,

(b) has fitted for use with the front passenger seat (or, if there is no such seat, with another seat in which the person conducting the test may conveniently sit for the purpose of the test) a properly anchored and functioning three-point seat belt, and

(c) in the case of a vehicle fitted with a front passenger seat, has fitted as an integral part of that seat a head restraint which satisfies the requirements of Regulation (EC) No 661/2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) A person submitting himself for a large vehicle off road manoeuvres test or practical test prescribed in respect of category B+E, C, C+E, D, or D+E shall provide a vehicle which is not carrying goods or burden other than either or both of the following—

(a) fixed items which are characteristic of the class to which it belongs;

(b) any load carried in accordance with paragraph (7A).

(7A) A person submitting himself for a large vehicle off road manoeuvres test or practical test prescribed in respect of any of the categories or sub-categories shown in column 1 of Table 2 at the end of this regulation—

(a) may, during the period beginning with 15th August 2013 and ending with 14th November 2013, provide a vehicle which—

(i) is carrying a load of the nature and weight shown in column 2 of Table 2, in relation to that category or sub-category and description of vehicle; and

(ii) is loaded in such a way that the person authorised to conduct the test can visually assess the weight of the load without the load being disturbed;

(b) shall, on or after 15th November 2013, provide a vehicle which—

(i) is carrying a load of the nature and weight shown in column 2 of Table 2, in relation to that category or sub-category and description of vehicle; and

(ii) is loaded in such a way that the person authorised to conduct the test can visually assess the weight of the load without the load being disturbed.

(8) A person submitting himself for a large vehicle off road manoeuvres test or practical test prescribed in respect of category C, C+E, D or D+E shall provide a motor vehicle which is fitted with a seat which is firmly secured to the vehicle and in such a position that the person conducting the test may properly do so and is protected from bad weather during the test.

(9) A person submitting himself for a practical test prescribed in respect of category D or D+E shall provide a motor vehicle which is fitted with a seat which is so placed that the person conducting the test 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—

(a) the construction of the vehicle makes it impossible to fulfil that requirement, or

(b) 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.

(10) A person submitting himself for a large vehicle off road manoeuvres test or practical test prescribed in respect of category B+E, C+E or D+E shall provide a motor vehicle which is fitted with linkage and braking mechanisms which are designed for use when the trailer is fully laden.

(10A) A person submitting himself for a large vehicle off road manoeuvres test or practical test prescribed in respect of category C, C+E, D, or D+E shall provide a motor vehicle which is fitted with an anti-lock braking system and a tachograph.

(10B) A person submitting himself for a large vehicle off road manoeuvres test or practical test prescribed in respect of category C or C+E shall provide a motor vehicle which is capable of manual transmission .

(10C) A person submitting himself for a large vehicle off road manoeuvres test or practical test prescribed in respect of category C, C+E, D or D+E shall provide a motor vehicle in which any seat which is used by the person conducting the test and any seat used by any person authorised by the Secretary of State to attend the test for the purpose of supervising it or otherwise, are each fitted with a properly anchored and functioning two or three-point seat belt.

(10D) A person submitting himself for a large vehicle off road manoeuvres test or practical test prescribed in respect of category B+E, C, C+E, D or D+E shall provide a motor vehicle which is fitted with an exterior nearside mirror and an exterior offside mirror providing adequate rearward vision from the seat occupied by the person conducting the test.

(11) In the case of a test being conducted by a person appointed in accordance with paragraph (1)(b) or (2)(b) of regulation 24, paragraphs (5)(c) and (6) shall not apply.

(12) In Table 1 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 Table 1 .

Table 1

From 31st December 2018, an A3 motorcycle without side-car with a power of at least 50 kW whose unladen mass is more than 175kg. If powered by an internal combustion engine, the cylinder capacity of the engine shall be at least 595 cubic centimetres. If powered by an electric motor, the power to weight ratio of the vehicle shall be at least 0.25 kW/kg .

(a) an articulated goods vehicle combination having a maximum authorised mass of 20,000 kilograms, a length of at least 14 metres and a width of at least 2.4 metres, and which is capable of an unassisted speed of 80 kilometres per hour on the level, or

(b) a combination of a minimum test vehicle for category C and a trailer having a length of at least 7.5 metres (each having a width of at least 2.4 metres), a maximum authorised mass of 4,000 kilograms, and which has, in aggregate, a maximum authorised mass of 20,000 kilograms and an overall length of 14 metres and which is capable of an unassisted speed of 80 kilometres per hour on the level.

Load requirements for test vehicles

(1) Category or sub-category and description of vehicle

(2) Nature and weight of load required to be carried on the vehicle or trailer or both.

C

(a) fire engine

C

(b) other motor vehicles

C+E

(a) articulated goods vehicle combination

C+E

(b) combination of a minimum test vehicle for category C and a trailer

Section 38 Further requirements at tests

(ZA1) A person submitting to a safe road use test (“the candidate”) to be conducted by an appointed person shall be accompanied by a person who is employed by a school, college or other body which has responsibility for the candidate or that candidate’s undertaking of that test.

(1) Subject to paragraph (2), a person submitting to a theory test, manoeuvres test, large vehicle off road manoeuvres test, practical test or unitary test must satisfy the residence requirement in section 97A(1)(d) of the Traffic Act as if that person were making an application under section 97, except that the requirement shall be met at the time of attending the test.

(2) Paragraph (1) shall not apply in the case of a person who submits himself for an appropriate driving test pursuant to section 36 of the Offenders Act or for any part of such a test.

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

(a) before the test commences—

(i) except in a case to which paragraph (7) 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) except where he has produced an appropriate licence containing his photograph, satisfy the person conducting the test as to his identity in accordance with paragraph (6), ...

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

(iia) where the test is a theory test within the meaning of regulation 3A(1)(ab), produce a valid qualification award certificate or a valid relevant qualification certificate, as appropriate; and

(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.

(4) Subject to paragraph (4A), a person submitting to a manoeuvres test , large vehicle off road manoeuvres test or a practical test must, before the test commences, produce to the person conducting the test—

(a) in the case of a test on a motor vehicle of a class included in any category other than category A, a valid standard theory test pass or a valid large vehicle theory test pass certificate showing that the person submitting to the test 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; or

(b) in the case of a test on a motor vehicle of a class included in category A, a valid standard theory test pass certificate showing that the person submitting to the test has passed the theory test prescribed in respect of category A or category AM or a valid certificate corresponding to either such certificate furnished under the law of Northern Ireland.

(4A) Paragraph (4) does not apply in a case where—

(a) a person submitting to a manoeuvres test , large vehicle off road manoeuvres test or a practical test is exempt from the requirement to pass a theory test by virtue of regulation 42; or

(b) by virtue of regulation 40(4) no theory test is prescribed for the class of vehicle on which a manoeuvres test , large vehicle off road manoeuvres test or a practical test (as the case may be) is to be taken

(5) A person submitting himself for a manoeuvres test, large vehicle off road manoeuvres test, practical test or unitary test shall, before the test commences—

(a) 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) except where he has produced an appropriate licence containing his photograph, satisfy the person conducting the test as to his identity in accordance with paragraph (6), and

(c) sign, on the Driving Test Report Form produced to him by the person conducting the test, a declaration to the effect that–

(i) there is in force, in relation to the use of the vehicle provided for the test, a policy of insurance which complies with the requirements of Part VI of the Traffic Act, and

(ii) he satisfies the residence requirement as described in paragraph (1).

(5A) A person submitting himself for a theory test manoeuvres test , large vehicle off road manoeuvres test, practical test or unitary test who produces a licence which fails to satisfy the person conducting the test, after an examination or otherwise, that it is an appropriate licence as required under paragraph (3)(a)(i) or (5)(a) must surrender the licence forthwith to the person conducting the test.

(6) For the purposes of this regulation, a person conducting a test may be satisfied as to a person’s identity –

(a) from a valid passport or a valid identity card issued under the Identity Cards Act 2006 , or

(b) where the person conducting the test is a person to whom regulation 23(1)(b) or regulation 24(1)(b) applies, from such evidence as that person considers appropriate.

(7) 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 11(1) do not apply), he shall before the commencement of a theory test or, as the case may be, a manoeuvres test, large vehicle off road manoeuvres test, practical test or unitary test prescribed in respect of a category specified in column (1) of the table at the end of regulation 11 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.

(8) A person submitting himself for a manoeuvres test or practical test for a licence authorising the driving of a motor vehicle of a class included in category AM or A 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 68(1) , or a valid certificate corresponding to such a certificate furnished under the law of Northern Ireland.

(8A) Subject to paragraph (8B), before commencement of a practical test in relation to a vehicle of a class included in category AM or A the person submitting to the test shall produce to the person conducting the test—

(a) a module 1 pass certificate which—

(i) is valid;

(ii) is in respect of the same category or sub-category of vehicle as that in which the practical test is to be taken; and

(iii) save in a case where sub-paragraph (a) of paragraph (4A) applies, records as the date of the theory test the same date as is recorded for that test in the valid standard theory test pass certificate which is produced in accordance with paragraph (4); or

(b) a certificate, furnished under the law of Northern Ireland, indicating that the person submitting to the practical test has passed that part of a Northern Ireland test corresponding to the manoeuvres test, which—

(i) is valid; and

(ii) is in respect of the same category or sub-category of vehicle as that in which the practical test is to be taken.

(8B) In the case of a person who is exempt from the requirement to pass a theory test by virtue of regulation 42(1), the certificate produced in accordance with paragraph (8A) shall be dated no earlier than six months before the date on which it is produced.

(9) A person submitting himself for a manoeuvres test, large vehicle off road manoeuvres test, practical test 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 AM, A, G, H or K , allow to travel in the vehicle—

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

(ii) any person authorised by the Secretary of State 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 AM, A, G, H or K , allow the attendance of—

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

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

(10) In this regulation and regulation 39—

“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 of the Traffic Act and regulation 19, 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, or

a Community licence which, by virtue of section 99A of the Traffic Act and regulation 19, 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 Community licence, which by virtue of section 37(4) of the Offenders Act, authorises that person to drive motor vehicles of that class subject to the same conditions as if the person were so authorised by a provisional licence;

“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 and D1 (not for hire or reward),

but does not include a licence which was granted to a full-time member of the armed forces of the Crown to whom the provisions of regulation 11(1) do not apply by virtue of paragraph (2) of that regulation.

Section 39 Examiner’s right to refuse to conduct test

(ZA1) An appointed person shall refuse to conduct a safe road use test where the requirement in regulation 38(ZA1) is not met.

(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 38(3), or

(b) a practical test (other than in relation to a two-wheeled vehicle of a class included in category AM or A ) or unitary test fails to satisfy the person authorised to conduct it that he has complied with any requirement imposed by paragraphs (4) to (10) of regulation 37 or by paragraph (4), (5) or (7) of regulation 38,

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

(1A) Subject to paragraphs (2) and (3), the person authorised to conduct a test in relation to a two-wheeled vehicle of a class included in category AM or A must refuse to do so where—

(a) a person submitting to a manoeuvres test fails to satisfy the person conducting the test that any requirement imposed by paragraph (4) of regulation 37, by paragraph (4), (5), (7) or (8) of regulation 38 or by paragraph (1A)(a) of regulation 40A has been complied with; or

(b) a person submitting to a practical test fails to satisfy the person conducting the test that any requirement imposed by paragraph (4) of regulation 37, by paragraph (4), (5), (7), (8), (8A) or (8B) of regulation 38 or by paragraph (1A)(c) of regulation 40A has been complied with.

(2) Where a person—

(a) fails to produce an appropriate licence as required under paragraph (3)(a)(i) or (5)(a) of regulation 38, or

(b) where he has submitted himself for a manoeuvres test, large vehicle off road manoeuvres test, practical test or unitary test, fails to produce a document required to be produced in accordance with paragraph (4), (8), (8A) or (8B) of that regulation,

if the person authorised to conduct the test—

(i) is satisfied from other evidence that the document in question exists, and

(ii) in the case of a person who has failed to produce a licence, is satisfied that the requirements of regulation 38(3)(a)(ii) or (5)(b) have been complied with,

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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

(b) the test candidate having reading difficulties, or

(c) the test candidate being physically disabled.