The Motor Vehicles (Driving Licences) Regulations 1996

Further requirements at tests

34.—(1) No person shall submit himself for a theory test, practical test or unitary test unless he satisfies the residence requirement specified in section 89(1A) of the Traffic Act and where any question arises as to whether a person is normally resident in Great Britain 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 period of 12 months 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 6 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 invigilator 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 38(2),

(b) he is exempt from the requirement to pass a theory test by virtue of regulation 39, or

(c) by virtue of regulation 36(3), 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 44(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 Northern Ireland.

(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 6 as evidence of his identity, and

(c) 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 Traffic Act.

(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 9(2) 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 at the end of regulation 9 satisfy the examiner that he has passed the test prescribed in respect of the category specified in column (2) of the table in relation to the first category.

(6) A person submitting himself for a practical test for a licence authorising the driving of a motor vehicle of a class included in category A or P shall before the test commences, unless he is exempt from the requirement imposed by section 89(2A) of the Traffic Act, produce to the examiner a valid certificate furnished under regulation 63(1).

(7) 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 licensing authority 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 licensing authority for the purpose of supervising the test or otherwise.

(8) In this regulation and regulation 35—

• “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, or

  (ii)

  a full licence which by virtue of section 98(2) of the Traffic Act and regulation 17, 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.

• “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 motor vehicles 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), 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 9(1) do not apply by virtue of paragraph (2) of that regulation.