The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 1996

Regulation 6

SCHEDULE 1 PROVISIONS INSERTED IN SUBSTITUTION FOR PART III

“PART III TESTS OF COMPETENCE TO DRIVE

Preliminary

Interpretation of Part III

14.   In this Part of these Regulations—

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

“appointed person” means a person appointed by the licensing authority to conduct theory tests under regulation 16(1)(a)(ii);

“DSA examiner” means a person appointed by the licensing authority to conduct practical or unitary tests under paragraph (1)(a) or (3)(a) of regulation 15;

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

“working day” means a day other than a Saturday, Sunday, bank holiday, Christmas Day or Good Friday (and “bank holiday” means a day to be observed as such under section 1 of and Schedule 1 to the Bank and Financial Dealings Act 1971(1)).

Appointment of persons to conduct tests

Persons by whom practical and unitary tests may be conducted

15.— (1) Subject to paragraph (3), practical and unitary tests may be conducted by any of the following persons—

(a) a person appointed by the licensing authority;

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

(c) in England and Wales, the chief officer of any fire brigade maintained in pursuance of the Fire Services Act 1947(2) or, in Scotland, the firemaster of such a brigade, for the purpose of testing members of any such brigade or of persons employed in the driving of motor vehicles for the purposes of any such brigade;

(d) any chief officer of police, for the purpose of testing—

(i) members of a police force; or

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

(e) the Commissioner of Police of the Metropolis, for the purpose of testing any person who is the holder of or is an applicant for a licence to drive a motor cab by virtue of the Metropolitan Public Carriage Act 1869(3);

(f) a person appointed for the purpose by the licensing authority under the provisions of paragraph (2);

(g) subject to the written approval of that person by the licensing authority, a person or a class of persons authorised by a person specified in sub-paragraph (b), (c), (d), (e) or (f) of this paragraph to conduct tests on his behalf.

(2) Any person may apply to the licensing authority to be appointed to conduct practical or unitary tests of persons employed or proposed to be employed by him as drivers, and the licensing authority may, if he is satisfied that—

(a) the number of drivers of motor vehicles ordinarily employed by the applicant exceeds 250;

(b) proper arrangements will be made by the applicant for the conduct of tests in accordance with these Regulations; and

(c) proper records of such tests and the results thereof will be kept by the applicant,

grant the application subject to any special conditions which he may think fit to impose.

(3) Where a person is disqualified until he passes the appropriate driving test practical and unitary tests shall be conducted by—

(a) a person appointed by the licensing authority;

(b) 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) subject to the written approval of the licensing authority, a person or a class of persons authorised by the Secretary of State for Defence to conduct practical and unitary tests on his behalf.

Persons by whom theory tests may be conducted

16.— (1) Theory tests may be conducted by—

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

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

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

(b) 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) any chief officer of police, for the purpose of testing—

(i) members of a police force; or

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

(d) subject to the written approval of the licensing authority, a person or a class of persons appointed by a person specified in sub-paragraph (b) or (c) to conduct theory tests on his behalf.

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

Revocation of authority to conduct tests

17.   The licensing authority may revoke—

(a) an appointment made under regulation 15(1)(f) or 16(1)(a)(ii), or

(b) an approval given under regulation 15(1)(g) or (3)(c) or 16(1)(d)

by notice in writing and the authority of the person whose appointment is revoked or whose approval is withdrawn to conduct unitary, practical or theory tests, as the case may be, shall cease upon the date specified in the notice.

Applications for tests

Applications for practical and unitary tests: applicants in person

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

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

(b) provide the licensing authority with such details relating to himself, the licence which he holds, the preferred location of the test, the nature of the test and the vehicle on which the test is to be taken as the licensing authority may reasonably require, and

(c) pay such fee as is specified in regulation 19.

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

(3) An applicant in person for whom an appointment is made as aforesaid in respect of a class of motor vehicle in any category may neither apply as an applicant in person nor be nominated by virtue of regulation 18A for a further appointment for a practical or, as the case may be, a unitary test on a vehicle of the same class unless—

(a) the first appointment has been cancelled, or

(b) the test due on the first appointment does not take place for any reason other than cancellation, or

(c) he has kept the first appointment (whether or not the test is completed).

Applications for practical and unitary tests: motor bicycle instructors

18A.— (1) A motor bicycle instructor who wishes to make an appointment for a practical test to be conducted by a DSA examiner and to be taken by a person who has, or will have, received from that instructor instruction in the driving of vehicles in either category A or P shall—

(a) apply for such an appointment to the licensing authority, specifying the date and time for the appointment which the instructor wishes to reserve and the place where he wishes the test to be conducted,

(b) provide such details relating to himself, the establishment and the nature of the test as the licensing authority may reasonably require, and

(c) pay such fee as is specified in regulation 19.

(2) The licensing authority may refuse to accept an application from a motor bicycle instructor (or, where two or more applications have been made on the same occasion, to accept all or any of those applications) where an appointment specified in the application is unavailable or where, in the opinion of the licensing authority, it is reasonably necessary to do so in the general interests of applicants for practical or unitary tests.

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

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

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

(b) the nature of the test, and

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

as the licensing authority may reasonably require, the licensing authority shall make the arrangements necessary for the taking of the test.

(5) A person nominated by a motor bicycle instructor pursuant to paragraph (4) for a practical test in respect of any class of motor bicycle may neither be so nominated nor apply under regulation 18 for a further appointment for a test in respect of a motor bicycle of the same class unless—

(a) the appointment made pursuant to the first nomination has been cancelled, or

(b) the test due on that appointment does not take place for any reason other than cancellation, or

(c) he has kept that appointment (whether or not the test is completed).

(6) The qualifying period for the purposes of paragraph (4) is the period expiring at midday on the day which is two working days before the day for which the appointment is made.

Fees in respect of practical and unitary tests

19.— (1) No fee shall be payable in respect of a practical or unitary test conducted by—

(a) a person appointed under sub-paragraphs (b), (c), (d) or (f) of regulation 15(1), or

(b) except where paragraph (2)(a) applies, a person authorised pursuant to paragraph (g) of regulation 15(1).

(2) The fees payable in respect of practical or unitary tests other than tests which are, or form part of, extended driving tests and are to be—

(a) conducted by a DSA examiner, or

(b) conducted by, or by a person authorised by, the Commissioner of Police of the Metropolis pursuant to regulation 15(1)(e) or (g)

shall be those specified in the following provisions of this regulation.

(3) Subject to paragraph (5), the fee payable in respect of a test to be commenced between the hours of 0830 and 1630 on Monday to Friday (inclusive of both those days) by a DSA examiner is—

(a) in the case of a test for the grant of a licence authorising a person to drive a motor vehicle in category A or category P, £36; and

(b) in the case of any other test not specified in regulation 15C of the Motor Vehicles (Driving Licences) (Large Goods and Passenger-Carrying Vehicles) Regulations 1990(4), £28.50.

(4) Subject to paragraph (5), the fee payable in respect of a test to be conducted at any other time by a DSA examiner is—

(a) in the case of a test for the grant of a licence authorising a person to drive a motor vehicle in category A or category P, £47.50; and

(b) in the case of any other test not specified in regulation 15C of the Motor Vehicles (Driving Licences) (Large Goods and Passenger-Carrying Vehicles) Regulations 1990, £38.50.

(5) No fee is payable in respect of a test taken in an invalid carriage.

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

Fees in respect of extended tests

19A.— (1) No fee shall be payable in respect of a practical or unitary test which is, or forms part of, an extended driving test conducted by the Secretary of State for Defence.

(2) The fees payable in respect of practical or unitary tests which are, or form part of, extended driving tests and are conducted by a DSA examiner shall be those specified in the following provisions of this regulation.

(3) The fee payable in respect of a test to be conducted on a working day is—

(a) in the case of a test to drive a motor vehicle in category A or category P, £72; and

(b) in the case of any other test, £57,

save that no fee is payable in respect of a test to be taken in an invalid carriage.

(4) The fee payable in respect of a test to be conducted on a Saturday is—

(a) in the case of a test to drive a motor vehicle in category A or category P, £95; and

(b) in the case of any other test, £77.50,

save that no fee is payable in respect of a test to be taken in an invalid carriage.

Applications for theory tests: applicants in person

19B.— (1) An applicant in person wishing to take a theory test to be conducted by an appointed person shall—

(a) apply for an appointment to that person,

(b) provide that person with such details relating to himself, the licence which he holds, the preferred location of the test, and the nature of the test to be taken as he may reasonably require, and

(c) pay the fee specified in regulation 19D.

(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 19C 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).

Applications for theory tests: motor bicycle instructors

19C.— (1) A motor bicycle instructor who wishes to make an appointment for a theory test prescribed in respect of motor vehicles in category A or P to be conducted by an appointed person and to be taken by a person who has, or will have, received from that instructor tuition to prepare him for the theory test shall—

(a) apply for such an appointment to the appointed person, specifying the date and time of the appointment which the instructor wishes to reserve and the place where he wishes the test to be conducted,

(b) provide such details relating to himself, the establishment and the nature of the test as the appointed person may reasonably require,

(c) pay such fee as is specified in regulation 19D.

(2) The appointed person may refuse to accept an application from a motor bicycle instructor (or, where two or more applications have been made on the same occasion, to accept all or any of those applications) where any appointment specified in the application is unavailable or where, in the opinion of the appointed person, it is reasonably necessary to do so in the general interests of applicants for practical or unitary tests.

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

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

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

(b) the nature of the test,

as the appointed person may reasonably require, the appointed person shall make the arrangements necessary for the taking of the test.

(5) A person nominated by a motor bicycle instructor pursuant to paragraph (4) for a theory test in respect of motor vehicles in category A or P may neither be so nominated nor apply under regulation 19B for a further appointment for such a test unless—

(a) the appointment made pursuant to the first nomination has been cancelled, or

(b) the test due on that appointment does not take place for any reason other than cancellation, or

(c) he has kept that appointment (whether or not the test is completed).

(6) The qualifying period for the purposes of paragraph (4) is the period expiring on the day which is three clear working days before the day for which the appointment is made.

Fees for theory tests

19D.   The fee payable for a theory test to be conducted by an appointed person in respect of any category of motor vehicle is £15 and is payable to the licensing authority.

Cancellation of tests

19E.   For the purposes of section 91(b) of the Road Traffic Act 1988 (which section specifies the cases in which a fee paid on an application for an appointment for a test may be repaid) notice cancelling an appointment—

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

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

Nature and conduct of tests

Nature of tests other than extended tests

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

(2) Subject to regulation 20C, the test for a licence authorising the driving of a motor vehicle of a class included in category A, B or P shall be conducted in two parts, namely—

(a) a theoretical test, and

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

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

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

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

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

(4) The test for a licence authorising the driving of a motor vehicle of a class included in any other category shall be a unitary test and a person taking such a test shall be treated as having passed it if he satisfies the person conducting it that—

(a) he is generally competent to drive a vehicle of that class—

(i) without danger to, and with due consideration for, other road users, and

(ii) in accordance with the Highway Code,

and

(b) he is able to comply with the specified requirements.

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

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

(b) the time during which that person is required to drive on roads is not less than 25 minutes.

(6) The theory test shall—

(a) be conducted as a written examination consisting of 35 questions, which may be in a multiple choice or multiple response form, testing a candidate on the specified matters in accordance with Schedule 4;

(b) have a duration of 40 minutes or, in the circumstances specified in paragraph (7), 80 minutes.

(7) The circumstances referred to in paragraph (6) are that the candidate requires the assistance of a suitably qualified person at the test by virtue of having reading difficulties.

(8) The specified matters for a theory test for a licence authorising the driving of a motor vehicle of a class included in a category shown in column (1) of the table at the end of this regulation are the matters specified in relation to that category in column (2) of the table.

(9) The specified requirements for a practical or unitary test for a licence authorising the driving of a motor vehicle of a class included in a category shown in column (1) of the table are the requirements specified in relation to that category in column (3) of the table.

TABLE

(1)	(2)	(3)
Category	Specified matters	Specified requirements
A	Matters specified in Part 1 of Schedule 4.	Requirements specified in Part 1 of Schedule 4A.
B	Matters specified in Part 2 of Schedule 4.	Requirements specified in Part 2 of Schedule 4A.
F	—	Requirements specified in Parts 3 and 4 of Schedule 4A.
G	—	Requirements specified in Parts 3 and 4 of Schedule 4A.
H	—	Requirements specified in Parts 3 and 5 of Schedule 4A.
K	—	Requirements specified in Part 3 of Schedule 4A.
L	—	Requirements specified in Parts 3 and 4 of Schedule 4A.
N	—	Requirements specified in Part 3 of Schedule 4A.
P	Matters specified in Part 1 of Schedule 4.	Requirements specified in Part 1 of Schedule 4A.

Nature of extended driving tests

20A.— (1) Where a person is disqualified by order of a court under section 36 of the Road Traffic Offenders Act 1988 until he passes an extended driving test, the test which he must pass is a test conducted in accordance with paragraphs (2) to (9) of regulation 20 as modified by virtue of paragraph (2) of this regulation.

(2) For the purpose of an extended driving test, paragraph (5)(b) of regulation 20 shall apply as if for “25” there were substituted “60”.

Order of test

20B.— (1) Where a test is required to be conducted in two parts, unless he makes an election in accordance with paragraph (2), a person taking the test—

(a) must pass the theory test before he takes the practical test, and

(b) shall not be entitled to apply for an appointment for a practical test in respect of a motor vehicle of a class included in any category until he has been furnished with a certificate under regulation 22(2)(a) stating that he has passed the relevant theory test.

(2) A person may elect to apply for a practical test before he has been furnished with such certificate as is referred to in paragraph (1)(b) if the application is for an appointment for a test to be taken on or before 31st December 1996 and where he passes that practical test on or before that date the following paragraphs shall apply.

(3) He may not submit the certificate furnished under regulation 22A(2) in respect of that practical test, in support of an application for a licence, as evidence that he has passed a test unless it is accompanied by—

(a) a certificate furnished under regulation 22(2)(a) stating that he has, during the relevant period, passed the relevant theory test; or

(b) a certificate corresponding to such a certificate furnished under the law of Northern Ireland stating that he has during the relevant period passed the theory test in respect of the same category.

(4) If he does not pass the relevant theory test during the relevant period, the passing of the practical test shall from the expiration of that period be disregarded for the purposes of regulations 91(A), 20 and 20A.

(5) In this regulation—

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

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

(i)

which falls 6 months later, or

(ii)

on which the person who took the practical test is disqualified by order of a court under section 36 of the Road Traffic Offenders Act 1988(5) until he passes the appropriate driving test,

whichever is the earlier.

Exemption from theory test

20C.— (1) A person is exempt from the requirement to pass a theory test for the purpose of obtaining a licence authorising him to drive a motor vehicle of a class included in category A if he has passed—

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

(b) a test prescribed in respect of motor vehicles of a class included in category B, or

(c) a Northern Ireland test of competence corresponding to either of those tests.

(2) A person is exempt from the requirement to pass a theory test for the purpose of obtaining a licence authorising him to drive a motor vehicle of a class included in category B if he has passed—

(a) on or after 1 July 1996, the test prescribed in respect of category P,

(b) a test prescribed in respect of motor vehicles of another class included in category B,

(c) the test prescribed in respect of motor vehicles of a class included in category A, or

(d) a Northern Ireland test of competence corresponding to any of those tests.

Entitlements upon passing test

Entitlement upon passing a test other than an appropriate driving test

20D.   Where a person has passed a test prescribed in respect of a class of motor vehicles included in any category he shall be granted a licence authorising him to drive—

(a) all classes of motor vehicle included in that category unless—

(i) the test or, as the case may be, the practical test is passed on a motor vehicle with automatic transmission, in which case he shall be granted a licence authorising him to drive only such classes of motor vehicle included in that category as have automatic transmission;

(ii) the practical test is passed on an invalid carriage, in which case he shall be granted a licence authorising him to drive only such classes of vehicle included in category B1 as are invalid carriages;

(iii) the test or, as the case may be, the practical test, is passed on a motor vehicle which is adapted on account of a disability of the person taking the test, in which case he shall be granted a licence authorising him to drive only such classes of motor vehicle included in that category as are so adapted;

and

(b) all classes of vehicle included in any other category which is specified in the column (3) of Schedule 3 as an additional category in relation to that category unless—

(i) the test or, as the case may be, the practical test is passed on a motor vehicle with automatic transmission and the additional category is B plus E, C1, D1, C1 plus E, D1 plus E, or F, in which case he shall be granted a licence authorising him to drive only such classes of motor vehicle included in the additional category as have automatic transmission;

(ii) the practical test is passed on an invalid carriage, in which case he shall be granted a licence authorising him to drive only such classes of vehicle included in category B1 as are invalid carriages;

(iii) the test or, as the case may be, the practical test is passed on a vehicle which is adapted on account of a disability of the person taking the test, in which case he shall be granted a licence authorising him to drive only such classes of vehicle included in the additional category as are so adapted.

Entitlement upon passing an appropriate driving test

20E.— (1) Where a person—

(a) is disqualified by order of a court under section 36 of the Road Traffic Offenders Act 1988 until he passes the appropriate driving test, and

(b) passes the appropriate driving test prescribed in respect of a class of motor vehicles included in any category,

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

(2) The disqualification shall be deemed to have expired in relation to all classes of vehicle included in the category referred to in paragraph (1)(b) unless—

(a) the test or, as the case may be, the practical test is passed on a motor vehicle with automatic transmission, in which case the disqualification shall be deemed to have expired only in relation to such classes of vehicle included in that category as have automatic transmission;

(b) the practical test is passed on an invalid carriage, in which case the disqualification shall be deemed to have expired in relation to such classes of vehicle included in category B1 as are invalid carriages;

(c) the test or, as the case may be, the practical test is passed on a motor vehicle which is adapted on account of a disability of the person taking the test, in which case the disqualification shall be deemed to have expired only in relation to such classes of motor vehicle included in that category as are so adapted.

(3) The disqualification shall be deemed to have expired in relation to all classes of vehicle included in any other category which is specified in column (3) of Schedule 3 as being an additional category in relation to that category unless—

(a) the test or, as the case may be, the practical test is passed on a vehicle with automatic transmission and the additional category is B plus E, C1, D1, C1 plus E or D1 plus E, in which case the disqualification shall be deemed to have expired only in relation to such classes of motor vehicle included in the additional category as have automatic transmission;

(b) the practical test is passed on an invalid carriage, in which case the disqualification shall be deemed to have expired in relation to such classes of vehicle included in category B1 as are invalid carriages;

(c) the test or, as the case may be, the practical test, is passed on a vehicle which is adapted on account of a disability of the person taking the test, in which case the disqualification shall be deemed to have expired only in relation to such classes of motor vehicle included in the additional category as are so adapted.

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

(a) categories C, C plus E, D and D plus E, unless that test is passed on a vehicle with automatic transmission, in which case the disqualification shall be deemed to have expired only in relation to such classes of motor vehicle included in those categories as have automatic transmission, and

(b) categories G and H.

Requirements at tests

Vehicles suitable for test

21.— (1) A practical or unitary test for a licence authorising the driving of a motor vehicle included in a category shown in column (1) of the table at the end of this regulation shall be conducted in a vehicle of a specification shown in relation to that category in column (2) of the table.

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

(a) corresponds to the specification referred to in paragraph (1),

(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 otherwise suitable for the purposes of the test.

TABLE

(1)	(2)
Category	Specification
A	A learner motor cycle without a sidecar or any combination of motor bicycle and sidecar in category A.
B	A four-wheeled category B vehicle capable of a speed of 100 kph.
B1	Any vehicle in category B1.
F	Any vehicle in category F.
G	Any vehicle in category G.
H	Any vehicle in category H.
K	Any vehicle in category K.
L	Any vehicle in category L.
N	Any vehicle in category N.
P	Any vehicle in category P.

Further requirements at tests

21A.— (1) A person submitting himself for a theory test shall—

(a) before the test commences—

(i) produce to the person conducting the test an appropriate licence authorising him to drive a motor vehicle of a class included in the category in respect of which the test is to be taken, and

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

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

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

(a) he has made an election in accordance with regulation 20B(2), or

(b) he is exempt from the requirement to pass a theory test by virtue of regulation 20C,

produce to the person conducting the test before the test commences a valid certificate furnished under regulation 22(2)(a) showing that he has passed the theory test prescribed in respect of the same category or a certificate corresponding to such a certificate furnished under the law of Northern Ireland.

(3) A person submitting himself for a practical 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, and

(b) sign, on the Driving Test Report Form produced to him by the person conducting the test, a declaration to the effect that there is in force, in relation to the use of the vehicle provided for the purposes of the test, a policy of insurance which complies with the requirements of Part VI of the Road Traffic Act 1988.

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

(a) except when the test is for a licence authorising him to drive a motor vehicle of a class included in category A or category P, allow to travel in the vehicle

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

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

(b) when the test is for a licence authorising him to drive a motor vehicle of a class included in category A or category P, allow the attendance of— &

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

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

(5) In this regulation, “appropriate licence” means a licence which—

(a) is valid at the date of the test,

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

(c) is either—

(i) 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

(ii) a full licence which by virtue of section 98(2) of the Road Traffic Act 1988, 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

(iii) a Northern Ireland licence corresponding to either of those licences.

Examiner’s right to refuse to conduct test

21B.— (1) Subject to paragraph (2), where a person submitting himself for a theory test, a practical test or a unitary test fails to satisfy the examiner that he has complied with any requirement imposed in relation to that test by regulation 21(2) or paragraph (1), (2), (3) or (4) of regulation 21A, the person authorised to conduct the test must refuse to do so.

(2) Where the person who has submitted himself for a practical test fails to produce a document required to be produced under regulation 21A(1)(a)(i) or (2), if the person authorised to conduct the test is satisfied from other evidence that the document nevertheless exists he may conduct the test.

Test results

Evidence of results of theory tests

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

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

(a) a person who passes the test with a certificate (a “pass certificate”) in the form set out in Part 1 of Schedule 5;

(b) a person who fails to pass the test with a statement (a “failure statement”) in the form set out in Part 2 of Schedule 5.

(3) Where a person who has conducted a theory test is satisfied that a pass certificate or a failure statement has been furnished in error to a person who took a theory test, he shall, upon receipt of that document from the person who took the test and subject to paragraph (4), furnish that person with a correct certificate or statement, as the case may be.

(4) Where the person who took the test alleges that a failure statement has been furnished in error returns the statement not later than 14 days after it was sent to him to the person who conducted the test with a request in writing that the paper be remarked, the person who conducted the test shall comply with that request for the purpose of ascertaining whether an error has been made but subject thereto he shall not be obliged to remark any paper.

(5) A pass certificate issued in error may not be presented, in support of an application for a licence, as evidence that a person has passed the test mentioned in such certificate.

(6) A pass certificate shall be valid for the purposes of regulation 21A(2) for a period commencing on the date on which the test was taken and ending on the date—

(a) which falls two years later, or

(b) on which the person to whom the certificate was given is disqualified by order of a court under section 36 of the Road Traffic Offenders Act 1988 until he passes the appropriate driving test,

whichever is the earlier.

Evidence of the result of practical and unitary tests

22A.— (1) Subject to paragraph (2), a person conducting a practical test shall furnish—

(a) a person who passes the test with a certificate in the form set out in Part 1 of Schedule 6;

(b) a person who fails to pass the test with a statement in the form set out in Part 2 of Schedule 6.

(2) Where, by virtue of regulation 20B(2), a person—

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

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

the person conducting the practical test shall furnish that person with a certificate in the form set out in Part 3 of Schedule 6.

(3) Where the person who took the practical test has produced a valid theory test pass certificate under regulation 21A(2), he shall surrender that certificate to the person conducting the test upon receipt of the certificate furnished under paragraph (1)(a).

(4) A person conducting a unitary test shall give to—

(a) a person who passes the test a certificate to that effect in the form set out in Part 1 of Schedule 6;

(b) a person who fails to pass the test a statement to that effect in the form set out in Part 2 of Schedule 6.”

(1)

1971 c. 80.

(2)

1947 c. 41.

(3)

1869 c. 115.

(4)

S.I. 1990/2612. Regulation 15C was inserted by S.I. 1996/212.

(5)

1988 c. 53. Section 36 was inserted by section 32 of the 1991 Act.