The Motor Vehicles (Driving Licences) Regulations 1996

Exemption from theory test

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(5) Where a person is disqualified by order of a court under section 36 of the Offenders Act until he passes the appropriate driving test, he shall not be exempt from the requirement to pass a theory test in respect of any class of motor vehicle by virtue of the foregoing provisions of this regulation until the day following the date on which the disqualification is deemed to have expired in relation to that class.

(6) Where the Secretary of State has revoked a person’s licence or test certificate under section 3 of, or Schedule 1 to, the Road Traffic (New Drivers) Act 1995(1) he shall not be exempt from the requirement to pass a theory test in respect of any class of motor vehicle by virtue of the foregoing provisions of this regulation until the day following the date on which he passes a relevant driving test within the meaning of section 4(2) of, or paragraph 6 or 9 of Schedule 1 to, that Act.

(1)

1995 c. 13.