Motor Vehicles (Driving Licences) Regulations (Northern Ireland) 1996

Part III Tests of Competence to Drive

Preliminary

Interpretation of Part III

17.  In this Part—

“applicant” means an individual 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 Department to conduct theory tests under regulation 19(1)(a);

“examiner” means a person appointed by the Department to conduct practical or unitary tests;

“working day” means a day other than a Saturday, Sunday or public holiday.

Appointment of persons to conduct tests

Persons by whom practical and unitary tests may be conducted

18.—(1) Practical and unitary tests may be conducted by any of the following persons—

(a) an examiner;

(b) the Secretary of State for Defence, in so far as concerns the testing of persons in the public service of the Crown under his department;

(c) the Chief Constable of the Royal Ulster Constabulary, in so far as concerns the testing of—

(i) members of a police force; or

(ii) persons employed, or to be employed, in the driving of motor vehicles for police purposes;

(d) a person authorised with the approval of the Department by a person specified in paragraph (b) or (c), to conduct tests on his behalf.

(2) No person shall be eligible to appoint any person to conduct practical or unitary tests under the provisions of sub-paragraphs (b), (c), or (d), of paragraph (1) unless, following an application made to the Department for the purpose of any of those sub-paragraphs, the Department is satisfied that—

(a) proper arrangements will be made by that person, 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 its approval in writing, subject to such conditions as it thinks fit to impose.

(3) No person appointed under the provisions of sub-paragraph (b), (c), or (d), of paragraph (1) may conduct tests unless the Department has given its approval in writing to his appointment and such approval shall be granted only if the Department is satisfied that the person 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.

(4) 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.

Persons by whom theory tests may be conducted

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

(a) an appointed person;

(b) the Department, in so far as concerns the testing of persons in the public service of the Crown;

(c) the Secretary of State for Defence, in so far as concerns the testing of persons in the public service of the Crown;

(d) subject to the approval of the Department, a person appointed by the Secretary of State for Defence to conduct theory tests on his behalf.

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

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

(a) proper arrangements will be made by that person, or by the members of that class, for the conduct of tests in accordance with these Regulations; and

(b) proper records of such tests and the results thereof will be kept by him or them,

and has granted approval in writing, subject to such conditions as it thinks fit to impose.

(4) No person may be appointed under the provisions of paragraph (c) or (d) of paragraph (1) unless the person making the appointment has appointed a person to conduct practical tests under the provisions of regulation 18(1) and the Department has approved that appointment.

(5) A person may not conduct a test prescribed in respect of any category or sub-category of motor vehicle unless he is expressly appointed for the purpose of conducting such a test.

(6) No person appointed by virtue of sub-paragraph (c) or (d) of paragraph (1) may conduct tests unless the Department has given its approval in writing to his appointment and such approval shall be granted only if the Department is satisfied that the person 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.

Revocation of authority to conduct tests

20.—(1) The Department may revoke—

(a) an appointment made under regulation 19(1)(a); or

(b) an approval given under regulation 18(1)(d) or 19(1)(d),

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

(2) Where a person has his appointment revoked or if an approval given in respect of him under regulation 18(3) or 19(3) is withdrawn, that person shall immediately return to the Department all forms of pass certificates supplied by him under regulation 36(8) which he still holds.

Applications for tests

Applications for practical and unitary tests

21.—(1) An applicant wishing to take a practical or unitary test to be conducted by an examiner shall—

(a) apply for an appointment for such a test to the Department;

(b) provide the Department 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 Department may reasonably require; and

(c) pay such fee as is specified in regulation 22.

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

(3) An applicant for whom an appointment is made as aforesaid in respect of a motor vehicle in any category may not apply 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).

Fees in respect of tests

22.—(1) No fee shall be payable in respect of a practical or unitary test conducted by a person appointed under paragraphs (b), (c) or (d) of regulation 18(1).

(2) Subject to paragraph (4), the fee payable in respect of a practical or unitary test to be conducted by an examiner 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 4 is the fee specified in relation to that category or sub-category in column (2).

(3) No fee is payable in respect of a test for a licence authorising only the driving of invalid carriages.

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

(5) For the purposes of this regulation and Schedule 4, a test commences—

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

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

Applications for theory tests

23.—(1) An applicant 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 24.

(2) An applicant for whom an appointment is made as aforesaid in respect of any category of motor vehicle may not apply for a further appointment for a theory test in respect of the same category unless—

(a) the first appointment has been cancelled;

(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).

Fees for theory tests

24.  The fee payable for a theory test to be conducted by an appointed person in respect of any category of motor vehicle shall be £16·50 and is payable to the Department.

Cancellation of tests

25.  For the purposes of Article 8(b) of the Order (which Article 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 an examiner must be given to the Department not less than 3 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 3 clear working days before the day for which the appointment is made.

Requirements at tests

Vehicles suitable for test

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

(2) Where an application for a practical test prescribed in respect of category A contains a declaration that the applicant is suffering from a relevant disability of such a nature that he is unable to ride a motor bicycle without a side-car, the applicant may take the test on a bicycle and side-car combination which has a power to weight ratio not exceeding 0.16 kw/kg.

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

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

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

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

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

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

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

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

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

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

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

(4) For the purposes of the Table, “minimum test vehicle” means, in relation to any category, a vehicle of a specification shown in relation to the category or sub-category in column (2).

TABLE

Column (1)	Column (2)
Category	Specification
A in the case of a test conducted on or before 30th June 1997	A motor bicycle without a side-car having an engine with a cylinder capacity of not more than 250 cubic centimetres.
A in the case of a test conducted on or after 1st July 1997	A motor bicycle without a side-car having an engine with a cylinder capacity of over 120 cubic centimetres but not more than 125 cubic centimetres and capable of a speed of 100 kilometres per hour.
A1	A motor bicycle without a side-car having an engine with a cylinder capacity of 75 cubic centimetres but not more than 120 cubic centimetres.
B	Any four-wheeled vehicle in category B capable of a speed of 100 kilometres per hour.
B1 (invalid carriages)	An invalid carriage.
B1 in the case of any other test	Any vehicle in sub-category B1 capable of a speed of 60 kilometres per hour.
B + E	A combination of a minimum test vehicle for category B and a trailer having a maximum authorised mass of 1,000 kilograms which is capable of a speed of 100 kilometres per hour.
C1	Any vehicle in sub-category C1 having a maximum authorised mass of 4,000 kilograms and capable of a speed of 80 kilometres per hour.
C1 + E	A combination of a minimum test vehicle for sub-category C1 and a trailer having a maximum authorised mass of 2,000 kilograms, the overall length of which is 8 metres and which is capable of a speed of 80 kilometres per hour.
D1	Any vehicle in sub-category D1 capable of a speed of 80 kilometres per hour.
D1 + E	A combination of a minimum test vehicle for sub-category D1 and a trailer having a maximum authorised mass of 1,250 kilograms which is capable of a speed of 80 kilometres per hour.
C	Any vehicle in category C, other than an articulated goods vehicle, having a maximum authorised mass of 10,000 kilograms and a length of 7 metres which is capable of a speed of 80 kilometres per hour.
C + E	Either— (a) an articulated goods vehicle combination having a maximum authorised mass of 18,000 kilograms and a length of 12 metres which is capable of a speed of 80 kilometres per hour, or (b) a combination of a minimum test vehicle for category C and a trailer having a length of 4 metres and a maximum authorised mass of 4 tonnes, which has, in aggregate, a maximum authorised mass of 18,000 kilograms and an overall length of 12 metres and which is capable of a speed of 80 kilometres per hour.
D	Any vehicle in category D having a length of 9 metres and capable of a speed of 80 kilometres per hour.
D + E	A combination of a minimum test vehicle for category D and a trailer having a maximum authorised mass of 1,250 kilograms which is capable of a speed of 80 kilometres per hour.
F	Any vehicle in category F.
G	Any vehicle in category G.
H	Any vehicle in category H.
K	Any vehicle in category K.
P	Any vehicle in category P.

Further requirements at tests

27.—(1) No person shall submit himself for a theory test, practical test or unitary test unless he satisfies the residence requirement specified in Article 5(1A) of the Order(1) and where any question arises as to whether a person is normally resident in Northern Ireland or the United Kingdom (as the case may be) he shall be deemed to be normally resident there if he shows that he will have lived there for not less than 185 days during the year ending on the day for which the test appointment is made.

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

(a) before the test commences—

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

(ii) in the case of a person who produces an appropriate licence which does not contain his photograph, produce to the person conducting the test one of the documents listed in Schedule 5 as evidence of his identity, and

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

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

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

(a) he has made an election in accordance with regulation 30(2);

(b) he is exempt from the requirement to pass a theory test by virtue of regulation 31; or

(c) by virtue of regulation 29(2), no theory test is prescribed for that class,

produce to the person conducting the test before the test commences a valid certificate furnished under regulation 36(2)(a) showing that he has passed the theory test prescribed in respect of the same category or a valid certificate corresponding to such a certificate furnished under the law of Great Britain.

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

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

(b) in the case of a person who produces an appropriate licence which does not contain his photograph, produce to the person conducting the test one of the documents listed in Schedule 5 as evidence of his identity; and

(c) sign, on a 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 VIII of the Order.

(5) In the case of an applicant who is a full time member of the armed forces of the Crown (to whom the provisions of regulation 8(1) do not apply), he shall before the commencement of a theory test or, as the case may be, a practical or unitary test prescribed in respect of a category specified in column (1) of the Table in regulation 8 satisfy the examiner that he has passed the test prescribed in respect of the category specified in column (2) in relation to the first category.

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

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

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

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

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

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

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

(7) In this regulation and regulation 28—

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

  (ii)

  a full licence which by virtue of Article 14(2) of the Order and regulation 14, 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 Great Britain licence corresponding to either of those licences; and

• “excepted provisional licence” means a licence which—

  (a)

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

  (b)

  is issued as a provisional licence in respect of a motor vehicle of a class included (by virtue of these Regulations) in category C + E or D + E or sub-categories C1, D1 (not for hire or reward), or D1 + E (not for hire or reward) and C1 + E (8.25 tonnes),

  but does not include a licence which was granted to a person to whom the provisions of regulation 8 do not apply by virtue of paragraph (2) of that regulation.

Examiner’s right to refuse to conduct test

28.—(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 27(2); or

(b) a practical or unitary test fails to satisfy the person authorised to conduct it that he has complied with any requirement imposed by regulation 26(2) or (3) or regulation 27(3), (4) or (5),

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

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

(a) a practical test fails to produce a document required to be produced under regulation 27(3); or

(b) a practical or unitary test fails to produce an appropriate licence as required under regulation 27(4)(a),

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

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

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

(a) not approved by the Department to act as such; or

(b) with whom the test candidate is acquainted,

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

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

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

(b) the test candidate having reading difficulties; or

(c) the test candidate being physically disabled.

Nature and conduct of tests

Nature of tests

29.—(1) Subject to regulation 31, the test for a licence authorising the driving of a motor vehicle of a class included in category A, B, C, D or P shall be conducted in two parts, namely—

(a) a theoretical test; and

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

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

(2) The test for a licence authorising the driving of a motor vehicle of a class included in category B + E, C + E and D + E—

(a) in a case where the test is for a licence authorising the driving of vehicles in sub-category C1 + E and the applicant is the holder of a full licence which was in force at a time before 1st January 1997 and authorises the driving of motor vehicles included in sub-category C1 but not the driving of any other vehicles included in category C, shall consist of the theory test prescribed in respect of category C and the practical test prescribed in respect of category C + E; and

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

(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 category F, G, H or K shall be a unitary test and a person taking such a test shall be treated as having passed it if he satisfies the person conducting it that he is—

(a) generally competent to drive a vehicle of that class without danger to, and with due consideration for, other road users;

(b) fully conversant with the Highway Code; and

(c) able to comply with the specified requirements.

(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—

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

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

(6) The theory test shall—

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

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

(ii) 35 questions in any other case,

the questions being in either a multiple choice or multiple response form and testing a candidate on the specified matters in accordance with Schedule 6;

(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 are the matters specified in relation to that category in column (2).

(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).

TABLE

Column (1)	Column (2)	Column (3)
Category	Specified matters	Specified requirements
A	Matters specified in Part 1 of Schedule 6	Requirements specified in Part 1 of Schedule 7
B	Matters specified in Part 2 of Schedule 6	Requirements specified in Part 2 of Schedule 7
B + E	—	Requirements specified in Part 2 of Schedule 7
C	Matters specified in Part 3 of Schedule 6	Requirements specified in Part 3 of Schedule 7
D	Matters specified in Part 4 of Schedule 6	Requirements specified in Part 4 of Schedule 7
C + E	—	Requirements specified in Part 3 of Schedule 7
D + E	—	Requirements specified in Part 4 of Schedule 7
F	—	Requirements specified in Parts 5 and 6 of Schedule 7
G	—	Requirements specified in Parts 5 and 6 of Schedule 7
H	—	Requirements specified in Parts 5 and 7 of Schedule 7
K	—	Requirements specified in Part 5 of Schedule 7
P	Matters specified in Part 1 of Schedule 6	Requirements specified in Part 1 of Schedule 7

Order of test

30.—(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—

(i) a certificate under regulation 36(2)(a) stating that he has passed the relevant theory test, or

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

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

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

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

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

(3) He may not submit the certificate furnished under regulation 37(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 36(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 Great Britain 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 12(8) and 29.

(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 Article 152 or 196 of the Order until tested,

whichever is the earlier.

Exemption from theory test

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(b) he holds a full licence authorising the driving of motor vehicles of another class included in category C, other than a licence authorising the driving only of vehicles included in sub-category C1 which was in force at a time before 1st January 1997;

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

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

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

(b) he holds a full licence authorising the driving of motor vehicles of another class included in category D other than—

(i) vehicles of a class included in sub-category D1 (not for hire or reward), and

(ii) vehicles in category D which are driven otherwise than for hire or reward;

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

(5) Where a person is disqualified by order of a court under Article 152 or 196 of the Order until tested, he shall not be exempt from the requirement to pass a theory test in respect of any class of motor vehicle by virtue of the foregoing provisions until the day following the date on which the disqualification is deemed to have expired in relation to that class.

Entitlements upon passing test

Entitlement upon passing a test other than a test following disqualification until tested under Article 152 or 196 of the Order

32.—(1) Where a person passes a test prescribed in respect of a class of motor vehicles included in any category or sub-category (or a Great Britain test of competence corresponding to that test) the Department shall grant to him a licence in accordance with paragraphs (2) and (3).

(2) Subject to regulation 33, the licence shall authorise the driving of all classes of motor vehicle included in that category or sub-category unless—

(a) the test or, as the case may be, the practical test is passed on a motor vehicle with automatic transmission, in which case it shall authorise the driving only of such classes of vehicle included in that category or sub-category as have automatic transmission;

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

(c) the test or, as the case may be, the practical test is passed on a motor vehicle which is adapted on account of a disability of the person taking the test, in which case it shall authorise the driving only of such classes of vehicle included in that category or sub-category as are so adapted (and for the purposes of this paragraph, a motor bicycle with a side-car may be treated in an appropriate case as a motor vehicle adapted on account of a disability).

(3) The licence shall in addition authorise the driving of all classes of motor vehicle included in a category or sub-category which is specified in column (2) of Schedule 1 as an additional category or sub-category in relation to a category or sub-category specified in column (1) unless—

(a) the test or, as the case may be, the practical test is passed on a motor vehicle with automatic transmission, in which case it shall authorise the driving only of such classes of vehicle included in the additional category or sub-category as have automatic transmission;

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

(c) the test or, as the case may be, the practical test, is passed on a motor vehicle which is adapted on account of a disability of the person taking the test, in which case it shall authorise the driving only of such classes of vehicle included in the additional category or sub-category as are so adapted.

Entitlement upon passing a test other than a test following disqualification until tested under Article 152 or 196 of the Order: category A

33.—(1) This regulation applies where—

(a) a person passes a test (or a Great Britain test of competence corresponding to such a test) for a licence authorising the driving of motor vehicles of a class included in sub-category A1; and

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

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

(a) in a case where he has passed the practical test (or the Great Britain test of competence corresponding to the practical test), on or before 30th June 1997, on a motor bicycle without a side-car having an engine with a cylinder capacity of not more than 250 cubic centimetres, a licence authorising him to drive all classes of motor vehicle included in category A;

(b) in a case where he has passed the practical test (or the Great Britain test of competence corresponding to the practical test) on a motor bicycle without a side-car having an engine with a cylinder capacity of over 120 cubic centimetres, a licence authorising him to drive all classes of motor vehicle included in category A and motor bicycles up to 25 kilowatts with a power to weight ratio which does not exceed 0.16 kw/kg;

(c) in a case where the practical test (or the Great Britain test of competence corresponding to the practical test) was passed on any other motor bicycle without a side-car having an engine with a cylinder capacity of 75 cubic centimetres but not more than 120 cubic centimetres (but subject to paragraph (2)) a licence authorising him to drive all classes of motor vehicle included in category A1;

(d) in a case where he has passed the practical test in Great Britain on a motor bicycle and side-car combination and the engine of the bicycle has a maximum net power output of not less than 35 kilowatts, a licence authorising him to drive all classes of motor bicycle and side-car combinations included in category A;

(e) subject to paragraph (3), in a case where the practical test (or the Great Britain test of competence corresponding to the practical test) was passed on a motor bicycle and a side-car combination the power to weight ratio of which does not exceed 0.16 kw/kg but which does not fall within sub-paragraph (d), a licence authorising him to drive motor bicycles and side-car combinations.

(3) A licence granted to a person who has passed a test on or after 1st July 1997, by virtue of paragraph (2)(b), shall authorise him to drive all classes of motor vehicle included in category A upon the expiration of a period of two years commencing on the date when he passed the test.

Upgrading of entitlements by virtue of passing second test

34.—(1) A person who has passed a test prescribed in respect of—

(a) category D or sub-category D1 as specified in column (1) of Table A in Schedule 8; and

(b) category C + E or sub-category C1 + E as respectively specified at the top of columns (2) and (3) of Table A,

is deemed, subject to paragraph (2), competent to drive (in addition to the classes of motor vehicle in respect of which the tests were passed) vehicles included in the category or sub-category shown in column (2) or (3) of Table A in relation to the relevant test pass in column (1).

(2) Where, in a case to which paragraph (1) applies, each practical test is passed on a vehicle having automatic transmission the person passing the tests is deemed competent to drive only such classes of vehicle in the upgrade category as have automatic transmission.

(3) A person who has passed a test prescribed in respect of—

(a) a category or sub-category specified in column (A) of Table B in Schedule 8 which authorises the driving only of classes of vehicle having automatic transmission; and

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

is deemed, subject to paragraph (6), competent to drive (in addition to the two classes in respect of which the tests were passed) all vehicles included in the category or sub-category shown in the relevant numbered column in relation to the relevant test pass in column (A).

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

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

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

in each case where those expressions occur.

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

(a) for “D” there were substituted “vehicles in category D, driven otherwise than for hire or reward”; and

(b) for “D + E” there were substituted “vehicles in category D + E driven otherwise than for reward”.

(6) In the case of a person who has passed a test for a licence authorising the driving of vehicles in category C + E which are drawbar trailer combinations, Tables A and B shall be read as if, in the relevant columns of those Tables—

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

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

(7) Where, in Table B, the upgrade category is qualified by the expression “(a)”, the person is deemed competent to drive only such classes of vehicle therein as have automatic transmission.

(8) Where a person has passed a test prescribed in respect of category B + E which authorises the driving only of classes of vehicle having automatic transmission and a test prescribed in respect of any class of vehicle in category B, C or D which authorises the driving of vehicles with manual transmission, he is deemed competent to drive vehicles in category B + E with manual transmission.

(9) Where a person who—

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

(b) is the holder of a licence, which was in force at a time before 1st January 1997, authorising the driving of motor vehicles of classes included in categories B and B + E and sub-categories C1, C1 + E (8.25 tonnes), D1 (not for hire or reward) and D1 + E (not for hire or reward),

which is limited to classes of vehicle having automatic transmission, passes a test prescribed in respect of category B + E, C or D which authorises the driving of vehicles with manual transmission, he is deemed competent to drive vehicles in category B (and, in the case mentioned in sub-paragraph (b), vehicles in sub-categories C1, C1 + E (8.25 tonnes), D1 (not for hire or reward)), which have manual transmission.

(10) In this regulation—

(a) “upgrade category” means the additional category or sub-category which the person passing the tests (or holding the licence and passing the test) is deemed competent to drive by virtue of the relevant provision of this regulation; and

(b) a reference to a test or a practical test includes, as the case may be, a reference to a Great Britain test of competence or a Great Britain practical test corresponding thereto.

Entitlement upon passing a test following disqualification until tested under Article 152 or 196 of the Order

35.—(1) Where a person—

(a) is disqualified by order of a court under Article 152 or 196 of the Order until tested; and

(b) passes the 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) Subject to paragraph (4), the disqualification shall be deemed to have expired in relation to all classes of vehicle included in the category or sub-category referred to in paragraph (1)(b) unless—

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

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

(c) the test or, as the case may be, the practical test, is passed on a motor vehicle which is adapted on account of a disability of the person taking the test, in which case the disqualification shall be deemed to have expired only in relation to such classes of motor vehicle included in that category or sub-category as are so adapted (and for the purposes of this paragraph, a motor bicycle with a side-car may be treated as an appropriate case as a motor vehicle adapted on account of a disability).

(3) The disqualification shall be deemed to have expired in relation to all classes of vehicle included in any other category which is specified in column (2) of Schedule 1 as being an additional category or sub-category in relation to that category or sub-category unless—

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

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

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

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

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

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

(5) Where a person is, pursuant to regulation 45, disqualified by the Department until he passes a driving test prescribed in respect of a class of large goods or passenger-carrying vehicle, the disqualification shall not be deemed to have expired in relation to any class of large goods or passenger-carrying vehicle until he passes that test.

Test results

Evidence of result of theory tests

36.—(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 knowledge and 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 9;

(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 9.

(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 27(3) for a period commencing on the date on which the test was taken and ending—

(a) two years later; or

(b) on the date on which the person to whom the certificate was given is disqualified by order of a court under Article 152 or 196 of the Order until he passes the driving test,

whichever is the earlier.

(7) A pass certificate is invalid if the person to whom it is issued is at that time ineligible, by virtue of an enactment contained in the 1981 Order or these Regulations, to take the test to which the certificate relates.

(8) A person authorised to conduct theory tests by virtue of sub-paragraph (c) of regulation 19(1) shall issue pass certificates and failure statements using forms supplied by the Department who may make a charge of £5·00 per form.

Evidence of the result of practical and unitary tests

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

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

(b) a person who fails to pass the test with a statement in the form set out in Part 2 of Schedule 10.

(2) Where, by virtue of regulation 30(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 10.

(3) Where the person who took the practical test has produced a valid theory test pass certificate in accordance with regulation 27(3), he shall surrender that certificate to the person conducting the test upon receipt of the certificate furnished under paragraph (1)(a).

(4) A certificate issued—

(a) under paragraph (1)(a) or (2) is invalid if the person to whom it is issued is at that time ineligible, by virtue of an enactment contained in the 1981 Order or these Regulations, to take the test to which the certificate relates;

(b) under paragraph (1)(a) is invalid if, at the time when it is issued, the person conducting the practical test is unaware that the theory test pass certificate produced to him in accordance with regulation 27(3) is invalid by virtue of regulation 36(7).

(5) A person authorised to conduct practical or unitary tests by virtue of sub-paragraphs (b), (c) or (d) of regulation 18(1) shall issue pass certificates using forms supplied by the Department.

(1)

Article 5(1A) was inserted by S.R. 1996 No. 426 Schedule 1 paragraph 2