The Motor Vehicles (Driving Licences) Regulations 1996

Entitlement upon passing an appropriate driving test

43.—(1) Where a person—

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

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

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

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

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

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

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

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

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

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

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

(4) Where, at the date on which a person is disqualified—

(a) he holds a licence which was granted pursuant to regulation 41(2)(b) or (d), and

(b) the standard access period has not expired,

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

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

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

until the standard access period has expired.

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

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

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

(6) Where a person is, pursuant to regulation 53, disqualified by the licensing authority until he passes a driving test prescribed in respect of a class of large goods or passenger-carrying vehicle, the disqualification shall not be deemed to have expired in relation to any class of large goods or passenger-carrying vehicle until he passes that test.