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PART IIITESTS OF COMPETENCE TO DRIVE

Nature and conduct of tests

Nature of tests other than extended tests

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

(2) Subject to the following provisions of this regulation and regulation 42, 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.

(3) 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+E (8.25 tonnes) but not the driving of any other vehicles included in category C+E, shall consist of the specified matters prescribed in respect of the theory test for category C and the specified requirements prescribed in respect of practical test for category C+E, and

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

(4) Where a test is required to be conducted in two parts, a person taking the test—

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

(b)shall not be entitled to apply for an appointment (or, as the case may be, be nominated pursuant to regulation 32(4) or 33(4)) 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 valid theory test pass certificate stating that he has passed the theory test prescribed in respect of that category, or

(ii)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.

(5) 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 drive safely and to comply with the specified requirements.

(6) 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.

(7) 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 30 minutes.

(8) The theory test shall—

(a)be conducted as an approved form of examination consisting of 35 questions, the questions being in either a multiple choice or multiple response form and testing a candidate on the specified matters in accordance with Schedule 7;

(b)have a duration of 40 minutes or, in the circumstances specified in paragraph (9), 80 minutes;

and an approved form of examination is one which is conducted in writing or by means of data recorded on equipment operating automatically in response to instructions given by the candidate.

(9) The circumstances referred to in paragraph (8) are that the candidate requires the assistance of a suitably qualified person at the test by virtue of having reading difficulties.

(10) 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.

(11) 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) Category(2) Specified matters(3) Specified requirements
AMatters specified in Part 1 of Schedule 7.Requirements specified in Part 1 of Schedule 8.
BMatters specified in Part 2 of Schedule 7.Requirements specified in Part 2 of Schedule 8.
B+ERequirements specified in Part 2 of Schedule 8.
CMatters specified in Part 3 of Schedule 7.Requirements specified in Part 3 of Schedule 8.
DMatters specified in Part 4 of Schedule 7.Requirements specified in Part 4 of Schedule 8.
C+ERequirements specified in Part 3 of Schedule 8.
D+ERequirements specified in Part 4 of Schedule 8.
FRequirements specified in Parts 5 and 6 of Schedule 8.
GRequirements specified in Parts 5 and 6 of Schedule 8.
HRequirements specified in Parts 5 and 7 of Schedule 8.
KRequirements specified in Part 5 of Schedule 8.
PMatters specified in Part 1 of Schedule 7.Requirements specified in Part 1 of Schedule 8.

Nature of extended driving tests

41.—(1) Where a person is disqualified by order of a court under section 36 of the Offenders Act until he passes an extended driving test, the test which he must pass is a test conducted in accordance with paragraphs (2) to (11) of regulation 40 as modified by virtue of paragraph (2) of this regulation.

(2) For the purpose of an extended driving test, the provisions of regulation 40 shall apply but as if paragraph (1) were omitted and for paragraph (7)(b) there were substituted—

(b)the time during which that person is required to drive on roads is not less than 60 minutes.

Exemption from theory test

42.—(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)he has, on or after 1st July 1996, passed the test prescribed in respect of category P and holds a full licence authorising the driving of a class of vehicles in that category; or

(b)he holds a full licence authorising the driving of motor vehicles either of another class included in category A or of a class included in category B; or

(c)he has passed a Northern Ireland test of competence corresponding to the test mentioned in sub-paragraph (a), or is the holder of a Northern Ireland licence corresponding to a licence mentioned in sub-paragraph (b); or

(d)he has passed a test for a licence authorising the driving of motor vehicles either of another class included in category A or of a class included in category B and is in either case a full-time member of the armed forces of the Crown.

(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)he has, on or after 1st July 1996, passed the test prescribed in respect of category P and holds a full licence authorising the driving of a class of vehicles in that category; or

(b)he holds a full licence authorising the driving of motor vehicles either of another class included in category B or of a class included in category A; or

(c)he has passed a Northern Ireland test of competence corresponding to the test mentioned in sub-paragraph (a) or is the holder of a Northern Ireland licence corresponding to the licence mentioned in sub-paragraph (b); or

(d)he has passed a test for a licence authorising the driving of motor vehicles either of another class included in category B or of a class included in category A and is in either case a full-time member of the armed forces of the Crown.

(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)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, or a Northern Ireland licence corresponding to such a licence; or

(b)on or after 1st January 1997, he has passed a test for a licence authorising the driving of motor vehicles of another class included in category C and is a full-time member of the armed forces of the Crown.

(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)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;

or a Northern Ireland licence corresponding to such a licence; or

(b)on or after 1st January 1997, he has passed a test prescribed in respect of motor vehicles of another class included in category D and is a full-time member of the armed forces of the Crown.

(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 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 pass certificate under section 3(2) of, or Schedule 1 to, the Road Traffic (New Drivers) Act 1995 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.