xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

PART IIIE+W+S TESTS OF COMPETENCE TO DRIVE

Test resultsE+W+S

Evidence of result of theory test [F1: vehicles other than category C or D] E+W+S

47.—[F2(1) The person conducting a theory test described in regulation [F340(2A)(a), (2B)(b) or (2C)(a)] shall arrange for the test to be marked on the day of the test.]

(2) A person conducting the theory test shall, upon completion of the marking of the test, furnish—

(a)a person who passes the test with a [F4standard theory test pass certificate] in the form set out in Part 1 of Schedule 10;

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

(3) Where a person who has conducted a theory test is satisfied that a [F4standard theory test 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 is furnished to him to the person who conducted the test with a request in writing that the test 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 test.

(5) A [F4standard theory test pass certificate] furnished in error, or with an error in the particulars required to be specified in it, 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 [F4standard theory test pass certificate] shall be valid for the purposes of [F5regulation 38(4), 40A(1)(b)(i) or (1A)(b)(i) or 42(1)(a), (1A)(a), (1B)(a) or (1C)] 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 section 36 of the Offenders Act until he passes the appropriate driving test,

whichever is the earlier.

(7) A [F4standard theory test pass certificate] is not valid for the purposes of [F5regulation 38(4), 40A(1)(b)(i) or (1A)(b)(i) or 42(1)(a), (1A)(a), (1B)(a) or (1C)] if—

(a)it is furnished in error or with an error in the particulars required to be specified in it; or

(b)the person to whom it is furnished is at that time ineligible, by virtue of an enactment contained in the Traffic Act or these Regulations, to take the test to which the certificate relates.

[F6(8) A person authorised to conduct theory tests by virtue of sub-paragraphs (b), (c), (da), (db), [F7(dc), (dd), (de), (df),] (e) or (f) of regulation 23(1) or regulation 23(2)(b) shall issue [F4standard theory test pass certificates] using forms supplied by the Secretary of StateF8... ]

Textual Amendments

[F9Evidence of result of theory test: category C and DE+W+S

47A.—(1) The person conducting—

(a)a large vehicle test of driving theory; or

(b)a large vehicle test of hazard perception,

shall arrange for the test to be marked on the day of the test.

(2) The person conducting a large vehicle test of driving theory shall, upon completion of the marking of the test, furnish—

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

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

(3) The person conducting a large vehicle test of hazard perception shall, upon completion of the test, furnish—

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

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

(4) Where a person who has conducted a large vehicle test of driving theory or a large vehicle test of hazard perception is satisfied that a statement of performance has been furnished in error to a person who took the test, he shall, upon receipt of that document from that person, and subject to paragraph (5), furnish that person with a correct statement.

(5) Where the person who took the test alleges that a statement of performance has been furnished under paragraph (2)(b) or (3)(b) in error he may return the statement not later than 14 days after it is furnished to him to the person who conducted the test with a request in writing that the test be remarked.

(6) The person who conducted the test shall comply with a request under paragraph (5) for the purpose of ascertaining whether an error has been made but otherwise shall not be obliged to remark any test.

(7) A statement of performance is not valid for the purposes of regulation 47B(1)—

(a)if the person to whom it is furnished is at that time ineligible, by virtue of an enactment contained in the Traffic Act or these Regulations, to take the test to which the statement relates; or

(b)if the statement is furnished in error or with an error in the particulars required to be specified in it.]

Textual Amendments

[F9Large vehicle theory test pass certificatesE+W+S

47B.—(1) Where a person has obtained statements of performance under regulation 47A(2)(a) and (3)(a) he shall be entitled to be furnished with a large vehicle theory test pass certificate in the form set out in Schedule 10C.

(2) The large vehicle theory test pass certificate shall be furnished as soon as practicable to a person entitled to it under paragraph (1) by the person who conducted the test to which the later of the two statements relates.

(3) A large vehicle theory test pass certificate furnished in error, or with an error in the particulars required to be specified in it, may not be presented in support of an application for a licence as evidence that the person has passed the tests mentioned in such a certificate.

(4) A large vehicle theory test pass certificate shall be valid for the purposes of regulation 38(4) [F10or 40A(2)(b)(i)] for a period commencing on the earlier of the dates on which a person passes the large vehicle test of driving theory or the large vehicle hazard perception test and ending—

(a)two years later, or

(b)on the date on which that person is disqualified by order of a court under section 36 of the Offenders Act until he passes the appropriate driving test,

whichever is the earlier.

(5) A large vehicle theory test pass certificate is not valid for the purposes of regulation 38(4) [F11or 40A(2)(b)(i)] if —

(a)it is furnished in error or with an error in the particulars required to be specified in it; or

(b)the person to whom it is furnished is at that time ineligible, by virtue of an enactment contained in the Traffic Act or these Regulations, to take any test to which the certificate relates.

(6) Where a person who has furnished a large vehicle theory test pass certificate is satisfied that it has been furnished with an error in the particulars specified in it, he shall upon receipt of that document from the person to whom it was furnished, furnish that person with a correct certificate.

(7) A large vehicle theory test pass certificate shall cease to be valid if the person to whom it is furnished is disqualified by order of a court under section 36 of the Offenders Act until he passes the appropriate driving test.

(8) A person authorised to conduct theory tests by virtue of paragraphs (b), (c), (da), (db), [F12(dc), (dd), (de), (df),] (e) or (f) of regulation 23(1) or regulation 23(2)(b) shall issue large vehicle theory test pass certificates using forms supplied by the Secretary of State.]

Textual Amendments

[F13Evidence of the result of manoeuvres test, large vehicle off road manoeuvres test, practical test or unitary test]E+W+S

48.—[F14(ZA1) A person conducting a manoeuvres test shall upon completion of the test furnish—

(a)a person who passes the test with a module 1 pass certificate which, save where the person is exempt from the requirement to pass a theory test by virtue of regulation 42, shall record the date of the standard theory test as recorded in the standard theory test pass certificate which was produced in accordance with regulation 38(4) when that person submitted to the manoeuvres test;

(b)a person who fails to pass the test with a module 1 failure statement;]

[F15(ZB1) A person conducting a large vehicle off road manoeuvres test shall upon completion of the test furnish—

(a)a person who passes the test with a large vehicle off road manoeuvres test pass certificate;

(b)a person who fails to pass the test with a large vehicle off road manoeuvres test statement of failure.]

(1) A person conducting a practical or unitary test shall upon completion of the test furnish—

(a)a person who passes the test with a test pass certificate in the form set out in Part 1 of Schedule 11;

(b)a person who fails to pass the test with a statement in the form set out in Part 2 of Schedule 11.

[F16(1A) A module 1 pass certificate is invalid if—

(a)the person to whom it is issued is at that time ineligible, by virtue of an enactment contained in the Traffic Act or these Regulations, to take the manoeuvres test to which the certificate relates; or

(b)at the time when it was issued, the standard theory test pass certificate produced to the person conducting the test in accordance with regulation 38(4) is invalid by virtue of regulation 47(7).

(1B) A module 1 pass certificate is not valid for the purpose of regulation 38(8A)(a) if—

(a)it is furnished in error or with an error in the particulars required to be specified in it; or

(b)it is invalid by virtue of paragraph (1A)]

(2) A test pass certificate is invalid if—

[F17(za)it is furnished in error or with an error in the particulars required to be specified in it;]

(a)the person to whom it is issued is at that time ineligible, by virtue of an enactment contained in the Traffic Act or these Regulations, to take the practical test to which the certificate relates;

(b)at the time when it is issued, the [F18standard theory test pass certificate] produced to the person conducting the test in accordance with regulation 38(4) is invalid by virtue of regulation 47(7) [F19; F20...

(ba)at the time when it is issued, the large vehicle theory test pass certificate produced to the person conducting the test in accordance with regulation 38(4) is invalid by virtue of regulation 47B(5)] [F21; or

(bb)it was issued in relation to a vehicle of a class included in category A or P and at the time when it was issued the module 1 pass certificate produced to the person conducting the test in accordance with regulation 38(8A) is invalid by virtue of paragraph (1B).]

[F22(2A) A large vehicle off road manoeuvres test pass certificate is invalid if—

(a)the person to whom it is furnished is at that time ineligible, by virtue of an enactment contained in the Traffic Act or these Regulations, to take any test to which the certificate relates, or

(b)at the time when it was issued, the large vehicle theory test pass certificate produced to the person conducting the test in accordance with regulation 38(4) is invalid by virtue of regulation 47B(5).

(2B) A large vehicle off road manoeuvres test pass certificate is not valid for the purposes of regulation 40A(2) if—

(a)it is furnished in error or with an error in the particulars required to be specified in it, or

(b)it is invalid by virtue of paragraph (2A).]

(3) A person authorised to conduct [F23large vehicle off road manoeuvres tests, practical tests or] unitary tests by virtue of [F24sub-paragraphs (b), (ca), (cb), [F25(cc), (cd), (ce), (cf),] (d), (f) or (g) of regulation 24(1)] [F26or regulation 24(1ZA)] or regulation 24(2)(b) shall issue test pass certificates using the forms supplied by the Secretary of State F27...

Textual Amendments