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Motor Vehicles (Driving Licences) Regulations (Northern Ireland) 1996

Type Ni-Statutory-Rule

Publication 1996-11-21

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

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Made: 21st November 1996

Coming into operation in accordance with regulation 1

The Department of the Environment, in exercise of the powers conferred on it by Articles 4(7) and (8), 5(3), (4), (5), (7), (8) and (10), 6(3) and (5), 8, 9(2) and (4), 11(4) and (5), 13(1), (3) and (4), 14(2) and (4), 15(1) and (2), 15A(3) and (4), 17(2) and (3), 19C, 19D(1), 72(1), 73(1) and (3), 73A(1), 74(4), 75(3), 77, 78, 194(8), 214(1) and 218(1) of the Road Traffic (Northern Ireland) Order 1981[^f00001] and of every other power enabling it in that behalf, and in accordance with Article 19C(3) of that Order with the approval of the Department of Finance and Personnel[^f00002] as regards regulations 7, 10, 16, 21, 23 and 24, hereby makes the following Regulations:

Part I — Preliminary

Citation and commencement

1

These Regulations may be cited as the Motor Vehicles (Driving Licences) Regulations (Northern Ireland) 1996 and shall come into operation—

(a) for the purpose of regulations 17 to 25 and Schedule 4 and for enabling persons to apply for tests on 2nd December 1996;

(b) for the purposes of regulation 27(2)(a)(ii) and (4)(b) and Schedule 5, on 1st March 1997;

Interpretation

2

(1) In these Regulations—

“the 1995 Order” means the Road Traffic (Northern Ireland) Order 1995[^f00003];

“controlled by a pedestrian” in relation to a vehicle means that the vehicle either— is constructed or adapted for use under such control; or is constructed or adapted for use either under such control or under the control of a person carried on it but is not for the time being in use under, or proceeding under, the control of a person carried on it,

“dual purpose vehicle” means a motor vehicle which is constructed or adapted both to carry or haul goods and to carry more than 8 persons in addition to the driver;

“exempted goods vehicle” and “exempted military vehicle” have the meanings respectively given in regulation 40;

“full”, in relation to a licence of any class, means such a licence granted otherwise than as a provisional licence;

“Great Britain ordinary driving licence” means a licence to drive a motor vehicle granted under the law for the time being in force in Great Britain equivalent to Part II of the Order but does not include such a licence in so far as it authorises a person to drive large goods vehicles or passenger-carrying vehicles of any category;

“heavy goods vehicle” has the same meaning assigned to “large goods vehicle” in Article 78 of the Order[^f00004];

“incomplete large vehicle” means— an incomplete motor vehicle, typically consisting of a chassis and a complete or incomplete cab, which is capable of becoming, on the completion of its construction, a medium-sized or large goods vehicle or a passenger-carrying vehicle; or a vehicle which would be an articulated goods vehicle but for the absence of a fifth-wheel coupling;

“LGV trainee driver’s licence” has the meaning given in regulation 43;

“maximum authorised mass” has the same meaning— in relation to goods vehicles as “permissible maximum weight” in Article 19D of the Order; and in relation to any other vehicle or trailer as “maximum gross weight” in regulation 2(1) of the Construction and Use Regulations;

“maximum design speed” means the speed which the vehicle is incapable, by reason of its construction, of exceeding on the level under its own power when fully laden;

“maximum net power output” has the same meaning as in Article 13(5A) of the Order[^f00005];

“mobile project vehicle” means a vehicle which has a maximum authorised mass exceeding 3.5 tonnes, is constructed or adapted to carry not more than 8 persons in addition to the driver and carries principally goods or burden consisting of— play or educational equipment for children and articles required in connection with the use of such equipment; or articles required for the purposes of display or of an exhibition, and the primary purpose of which is use as a recreational, education or instructional facility when stationary;

“ordinary driving licence” means a licence to drive a motor vehicle granted under Part II of the Order other than a large goods vehicle or passenger-carrying vehicle driver’s licence;

“passenger-carrying vehicle recovery vehicle” means a vehicle (not being an articulated goods vehicle combination) which— has an unladen weight not exceeding 10.2 tonnes; is being operated by the holder of a road service licence; and is being used for the purpose of— proceeding to, or returning from, a place where assistance is to be, or has been, given to a damaged or disabled passenger-carrying vehicle; or giving assistance to or moving a disabled passenger-carrying vehicle or moving a damaged vehicle;

“power to weight ratio” has the same meaning as in Article 13(5) of the Order;

“practical test” means, where a test is by virtue of these Regulations to be conducted in two parts, the part that consists of the practical test of driving skills and behaviour;

“propelled by electrical power”, in relation to a motor vehicle, means deriving motive power solely from an electrical storage battery carried on the vehicle and having no connection to any other source of power when the vehicle is in motion;

“road service licence” has the same meaning as in section 4(1) of the Transport Act (Northern Ireland) 1967[^f00006];

“relevant endorsement” means an endorsement on a Great Britain ordinary driving licence or its counterpart of particulars of a conviction in pursuance of those provisions for the time being in force in Great Britain that correspond to Article 197 of the Order;

“test” means any test of competence to drive conducted pursuant to Article 5 of the Order;

“the Construction and Use Regulations” means the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1989[^f00007];

“the Order” means the Road Traffic (Northern Ireland) Order 1981;

“theory test” means, where a test is by virtue of these Regulations to be conducted in two parts, the part that consists of the theoretical test;

“unitary test” means a test which, by virtue of these Regulations, is to consist of a practical test of driving skills and behaviour;

“unladen weight” has the same meaning as in regulation 2(1) of the Construction and Use Regulations and, in the case of a vehicle propelled by electrical power, any weight attributable to its batteries;

“vehicle with automatic transmission” means a class of vehicle in which either— the driver is not provided with any means whereby he may vary the gear ratio between the engine and the road wheels independently of the accelerator and the brakes; or he is provided with such means but they do not consist of a clutch pedal or lever which he may operate manually, (and accordingly a vehicle with manual transmission is any other class of vehicle);

(2) In these Regulations—

(a) a reference to a licence being in force is a reference to it being in force in accordance with Article 15 of the Order, save that for the purposes of these Regulations a licence shall be regarded as remaining in force notwithstanding that it is—

(i) surrendered or revoked pursuant to Article 15(5) or (6) of the Order, or

(ii) treated as having no effect by virtue of Article 194(4) of the Order; and

(b) a reference to the expiry of a licence is a reference to the time at which it ceases to be so in force (to the extent that “expired” shall be construed accordingly.

(3) For the purposes of Article 13(3)(d) of the Order[^f00008] and these Regulations the date of first use of a motor bicycle means—

(a) except in a case to which sub-paragraph (b) applies, the date on which it was first registered under the Roads Act 1920[^f00009], the Vehicles (Excise) Act 1949[^f00010], the Vehicles (Excise) Act (Northern Ireland) 1954[^f00011], the Vehicles (Excise) Act 1962[^f00012], the Vehicles (Excise) Act 1971[^f00013], the Vehicles (Excise) Act (Northern Ireland) 1972[^f00014], or the Vehicle Excise and Registration Act 1994[^f00015], the date on which it was first so registered; and

(b) in the case of a motor bicycle which was used in any of the following circumstances before the date on which it was first registered namely—

(i) where the bicycle was used under a trade licence as defined in section 11 of the Vehicle Excise and Registration Act 1994, otherwise than for the purposes of demonstration or testing or of being delivered from premises of the manufacturer by whom it was made, or of a distributor of vehicles or dealer in vehicles to premises of a distributor of vehicles, dealer in vehicles or purchaser thereof, or to premises of a person obtaining possession thereof under a hiring agreement or hire purchase agreement,

(ii) where the bicycle belonged to the Crown and which is or was used or appropriated for use for naval, military or air force purposes,

(iii) where the bicycle belonged to a visiting force or a headquarters or defence organisation to which in each case the Visiting Forces and International Headquarters (Application of Law) Order 1965[^f00016] applied,

(iv) where the bicycle has been used on roads outside Northern Ireland and was imported into Northern Ireland, and

(v) where the bicycle has been used otherwise than on roads after being sold or supplied by retail and before being registered,

the date of manufacture of the bicycle.

In this paragraph “sold or supplied by retail” means sold or supplied otherwise than to a person acquiring solely for the purpose of re-sale or re-supply for a valuable consideration.

Part II — Licences

Categories of entitlement

Classification of vehicles

3

(1) Subject to regulation 4, the Department shall grant licences authorising the driving of motor vehicles in accordance with the categories and sub-categories specified in column (1) and defined in column (2) of Schedule 1 and those categories and sub-categories are designated as groups for the purposes of Article 5(1)(b) and 6(4)(a) of the Order.

(2) In these Regulations, expressions relating to vehicle categories have the following meanings—

(a) any reference to a category or sub-category identified by letter, number or word or by a combination thereof is a reference to the category or sub-category defined in column (2) of Schedule 1 opposite that letter or combination in column (1);

(b) “sub-category” means, in relation to category A, B, C, C + E, D or D + E, a class of vehicles comprising part of the category and identified as a sub-category thereof in column (2) of Schedule 1; and

(c) unless the context otherwise requires, a reference to a category includes a reference to sub-categories of that category.

Classes for which licences may be granted

4

(1) A licence authorising the driving of motor vehicles of a class included in any category or sub-category mentioned in Part I of Schedule 1 may be granted to a person who is entitled thereto by virtue of—

(a) holding or having held a full licence, a full Great Britain licence, full British external licence, full British Forces licence, exchangeable licence or Community licence authorising the driving of vehicles of that class; or

(b) having passed a test authorising the driving of motor vehicles of that class or a Great Britain or Gibraltar test corresponding to such a test.

(2) A licence authorising the driving of motor vehicles of a class included in any category or sub-category mentioned in Part 2 of Schedule 1 may not be granted to a person unless, at a time before 1st January 1997—

(a) in the case of an application for a full licence—

(i) he held a full licence authorising the driving of vehicles of a class included in that category, or

(ii) he passed a test which at the time it was passed authorised the driving of motor vehicles of that class or a Great Britain test corresponding to such a test;

(b) in the case of an application for a provisional licence, he held a provisional licence authorising the driving of vehicles of a class included in that category.

Competence to drive classes of vehicle

5

(1) Where a person holds, or has held, a licence authorising him to drive vehicles of a class included in any category or, as the case may be, sub-category he is deemed competent to drive—

(a) vehicles of all classes included in that category or sub-category unless by that licence he is or was authorised to drive—

(i) only motor vehicles of a specified class within that category or sub-category, in which case he shall be deemed competent to drive only vehicles of that class,

(ii) invalid carriages, in which case he shall be deemed competent to drive only invalid carriages,

(iii) only motor vehicles adapted on account of a disability, in which case he shall be deemed competent to drive only such classes of 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; and

(b) all classes of vehicle included in any other category or sub-category which is specified in column (3) of Schedule 1 as an additional category or sub-category in relation to that category or sub-category unless by that licence he is or was authorised to drive—

(i) only motor vehicles having automatic transmission, in which case he shall be deemed competent to drive only such classes of motor vehicle included in the additional category or sub-category as have automatic transmission,

(ii) only invalid carriages, in which case he shall be deemed competent to drive only invalid carriages,

(iii) only motor vehicles adapted on account of a disability, in which case he shall be deemed competent to drive only such classes of vehicle included in the additional category or sub-category as are so adapted.

(2) A person who has held a full licence to drive vehicles in category C for a period of at least 2 years may also drive a motor vehicle of a class included in category D which is—

(a) being operated by the holder of a road service licence; and

(b) not being used for the carriage of any person who is not connected with the holder of that licence,

and is either—

(i) damaged or defective and being driven to a place of repair, or

(ii) being road tested following repair.

(3) A person who holds a full licence to drive vehicles in category C, may also drive a dual purpose vehicle if—

(a) he is a member of the armed forces of the Crown; and

(b) the vehicle is—

(i) adapted to carry not more than 36 persons in addition to the driver, and

(ii) used to carry passengers for naval, military or air force purposes.

(4) A person who is a holder of a full passenger-carrying vehicle driver’s licence may drive a passenger-carrying vehicle recovery vehicle unless by that licence he is or was authorised to drive only passenger-carrying vehicles having automatic transmission, in which case he shall be deemed competent to drive only such passenger-carrying vehicle recovery vehicles as have automatic transmission.

(5) A person may drive an incomplete large vehicle if he holds a licence authorising the driving of motor vehicles of a class included in category B (except a licence authorising only the driving of vehicles in sub-category B1 and B1 (invalid carriages)) unless by that licence he is authorised to drive only motor vehicles having automatic transmission, in which case he shall be deemed competent to drive only such incomplete large vehicles as have automatic transmission.

(6) A person who is the holder of a full licence authorising the driving of vehicles of a class included in category B (except a licence authorising only the driving of vehicles in sub-category B1 and B1 (invalid carriages)) may drive—

(a) an exempted goods vehicle, other than a passenger-carrying vehicle recovery vehicle; and

(b) an exempted military vehicle,

unless by that licence he is authorised to drive only motor vehicles having automatic transmission, in which case he shall be deemed competent to drive only such vehicles as have automatic transmission.

(7) A person who—

(a) is the holder of a full licence authorising the driving of vehicles of a class included in category B (except a licence authorising only the driving of vehicles in sub-category B1 or B1 (invalid carriages));

(b) has held that licence for an aggregate period of not less than 2 years;

may drive a mobile project vehicle on behalf of a non-commercial body—

(i) to or from the place where the equipment it carries is to be, or has been, used, or the display or exhibition is to be, or has been, mounted,

(ii) to or from the place where a mechanical defect in the vehicle is to be, or has been, remedied,

(iii) in such circumstances that by virtue of paragraph 22 of Schedule 2 to the Vehicle Excise and Registration Act 1994 the vehicle is not chargeable with duty in respect of its use on public roads,

unless by that licence he is or was authorised to drive only vehicles having automatic transmission, in which case he shall be deemed competent to drive only such mobile project vehicles as have automatic transmission.

(8) A person who—

(a) is the holder of a full licence authorising the driving of vehicles of a class included in category B (except a licence authorising only the driving of vehicles in sub-category B1 or B1 (invalid carriages));

(b) has held that licence for an aggregate period of not less than 2 years;

(d) receives no payment or consideration for so doing, other than out-of-pocket expenses,

may drive, on behalf of a non-commercial body for social purposes but not for hire or reward, a vehicle of a class included in sub-category D1 which has no trailer attached and has a maximum authorised mass—

(i) not exceeding 3.5 tonnes, excluding any part of that weight which is attributable to specialised equipment intended for the carriage of disabled passengers, and

(ii) not exceeding 4.25 tonnes otherwise,

unless by that licence he is or was authorised to drive only vehicles having automatic transmission, in which case he shall be deemed competent to drive only vehicles included in sub-category D1 having automatic transmission.

(9) A person who is a holder of a full licence authorising the driving of vehicles of a class included in category B (except a licence authorising only the driving of vehicles in sub-category B1 or B1 (invalid carriages)) may drive a vehicle of a class included in category B + E where—

(a) the trailer consists of a vehicle which is damaged or defective and is situated in such a position as to represent a road safety hazard or obstruction to other road users; and

(b) the vehicle is driven only so far as is reasonably necessary in the circumstances to remove the hazard or obstruction,

unless by that licence he is authorised to drive only vehicles having automatic transmission, in which case he shall be deemed competent to drive only such vehicles as have automatic transmission.

Minimum ages for holding or obtaining licences

6

(1) Paragraph (1) of Article 17 of the Order[^f00017] (which specifies the minimum age for holding or obtaining a licence to drive certain classes of motor vehicles) shall have effect as if for the classes of vehicle and the ages specified in the table there were substituted classes of vehicle and ages in accordance with the following provisions.

(2) In item 4 (agricultural and forestry tractors), in the case of an agricultural or forestry tractor which—

(a) is so constructed that the whole of its weight is transmitted to the road surface by means of wheels;

(b) has an overall width not exceeding 2.45 metres;

(i) without a trailer attached to it, or

(ii) with a trailer which has an overall width not exceeding 2.45 metres and is either a two-wheeled or close-coupled four-wheeled trailer; and

(d) is driven on any road other than a special road within the meaning of the Roads (Northern Ireland) Order 1993[^f00018],

the age of 16 is substituted for the age of 17 in the case of a person who has passed a test prescribed in respect of category F, but in the case of a person who has not passed the test of competence to drive such a tractor, only while—

(A) taking, proceeding to or returning from such a test; or

(B) engaged in the course of agricultural operations on any road which is not a road where the maximum speed limit under Article 50 of the Order is 30 miles per hour or less.

(3) In item 5 (small vehicles), the age of 16 is substituted for the age of 17 in the case of—

(a) a person to whom an award of the higher rate component of the disability living allowance has been made in pursuance of section 73 of the Social Security Contributions and Benefits Act (Northern Ireland) 1992[^f00019] (whether before or after his 16th birthday) which is still in force; and

(b) a small vehicle driven without a trailer attached.

(4) In item 6 (medium sized goods vehicles), the age of 21 is substituted for the age of 18 in the case of a vehicle drawing a trailer where the maximum authorised mass of the combination exceeds 7.5 tonnes.

(5) In item 7 (other vehicles, including large goods and passenger-carrying vehicles), the age of 18 is substituted for the age of 21 in the case of a person employed by a Health and Social Services Board or by the Eastern Ambulance Service Health and Social Services Trust when driving a vehicle for the purposes of an ambulance service of such a Board or that Trust.

(6) In item 7, the age of 18 is substituted for the age of 21 in relation to a motor vehicle driven by a constable for the purpose of removing or avoiding obstruction to other road users or danger to other road users or members of the public, for the purpose of safeguarding property, including the motor vehicle and its load, for other similar purposes or for police purposes.

(7) In item 7, the age of 18 is substituted for the age of 21 in the case of a motor vehicle and trailer combination which is in sub-category C1 + E and the maximum authorised mass of the combination does not exceed 7.5 tonnes.

(8) In item 7, the age of 18 is substituted for the age of 21 in the case of a person who is a registered employee of a registered employer, in relation to a large goods vehicle which is—

(a) of a class to which the training agreement applies; and

(b) owned and operated by his employer or by a registered LGV training establishment.

(9) In item 7, the age of 18 is substituted for the age of 21 in relation to a passenger-carrying vehicle where—

(a) the driver of the vehicle holds a provisional licence authorising the driving of the vehicle and is not engaged in the carriage of passengers; or

(b) the driver holds a full passenger-carrying vehicle driver’s licence and—

(i) is engaged in the carriage of passengers on a regular service over a route which does not exceed 50 kilometres, or

(ii) where he is not so engaged, is driving a vehicle of a class included in sub-category D1,

and the vehicle is operated under a road service licence granted under section 4 of the Transport Act (Northern Ireland) 1967[^f00020] or a permit granted under section 10B of that Act.

(10) In items 6 and 7, the age of 17 is substituted for the ages of 18 and 21 respectively in the case of—

(a) motor vehicles owned or used by or for any service of the Crown; or

(b) persons driving such vehicles.

(11) In this regulation—

(a) for the purposes of paragraph (2)—

(i) any implement fitted to a tractor shall be deemed to form part of the tractor notwithstanding that it is not a permanent or essentially permanent fixture, and in that paragraph,

(ii) “close-coupled”, in relation to wheels on the same side of a trailer, means fitted to that at all times while the trailer is in motion the wheels remain parallel to the longitudinal axis of the trailer and that the distance between the centres of their respective areas of contact with the road surface does not exceed 840 millimetres, and

(iii) “overall width”, in relation to a vehicle, means the width of the vehicle measured between vertical planes parallel to the longitudinal axis of the vehicle and passing through the extreme projecting points thereof exclusive of any driving mirror and so much of the distortion of any tyre as is caused by the weight of the vehicle;

(b) in paragraph (5) “ambulance service” means the carriage of persons to or from a place where they will receive or have received medical or dental treatment, in a vehicle constructed or adapted for such use; and

(c) for the purposes of paragraph (8), “registered” and “training agreement” have the meanings respectively given in regulation 43.

Applications for licences

Application for the grant of licences: general

7

(1) The Department may consider an application for the grant of a licence before the date on which the grant of the licence is to take effect if the application is received by it—

(a) in the case of an application for a Group 2 licence, during the period of 3 months ending on that date;

(b) in any other case, during the period of 2 months ending on that date,

and may during such period grant the licence so that it takes effect on that date.

(2) For the purposes of paragraphs (1)(f) and (1A)(b) of Article 5 of the Order[^f00021] the holder of an exchangeable licence satisfies the relevant residence requirement if he has been normally resident in Northern Ireland for a period of not more than five years.

(3) An applicant for a licence who before the licence is granted is required to satisfy the Department that he has passed a test shall at the time when he applies for the licence deliver to the Department, in support of that application—

(a) a certificate furnished under regulation 37(1)(a);

(b) a certificate corresponding to the certificate mentioned in sub-paragraph (a) furnished under the law of Great Britain;

(c) where paragraph (2) of regulation 30 applies, certificates furnished under regulations 36(2)(a) and 37(2) in accordance with regulation 30(3); or

(d) certificates corresponding to the certificates mentioned in sub-paragraph (c) furnished under the law of Great Britain.

(4) A person may not present a certificate in support of an application as evidence that he has passed—

(a) a test, a theory test or a practical test; or

(b) a test corresponding to any of those tests conducted under the law of Great Britain,

if the applicant took the test in respect of which the certificate was issued at a time when he was ineligible, by virtue of an enactment contained in the Order or these Regulations or a corresponding provision of the law of Great Britain, to take the test to which the certificate relates.

(5) Subject to paragraph (6) an application for the grant of a licence shall be accompanied by—

(i) one clear unmounted facial photograph of the applicant of recent date, approximately 40 millimetres × 35 millimetres in size and endorsed on the back with the applicant’s name and address, and

(ii) the appropriate fee as prescribed in regulation 10.

(6) A licence may be granted to a member of the naval, military or air forces of Her Majesty without requiring him to furnish a photograph but such licence shall permit him to drive or ride a motor vehicle only when he is on duty and the motor vehicle is the property of the Crown.

(7) An applicant for a Group 2 licence shall, if required to do so by the Department, send in support of his application a report (in such form as the Department may require) signed by a qualified medical practitioner, prepared and dated not more than 4 months prior to the date on which the licence is to take effect, for the purpose of satisfying the Department that he is not suffering from a relevant or prospective disability.

(8) In this regulation, “Group 2 licence” has the meaning given in regulation 48.

Eligibility to apply for provisional licence

8

(1) Subject to the following provisions, an applicant for a provisional licence authorising the driving of motor vehicles of a class included in a category or sub-category specified in column (1) of the table must hold a relevant full licence authorising the driving of vehicles of a class included in the category or sub-category specified in column (2) in relation to the first category.

(2) Paragraph (1) shall not apply in the case of an applicant who is a full-time member of the armed forces of the Crown.

(3) For the purposes of paragraph (1), a licence authorising the driving only of vehicles in sub-categories D1 (not for hire or reward), D1 + E (not for hire or reward) and C1 + E (8.25 tonnes) shall not be treated as a licence authorising the driving of motor vehicles of a class included in sub-categories D1, D1 + E and C1 + E.

(4) In this regulation, “relevant full licence” means a full licence granted under Part II of the Order, a full Great Britain licence, a full British external licence, a full British Forces licence, an exchangeable licence or a Community licence.

Column (1)	Column (2)
Category of licence applied for	Category of full licence required
B + E	B
C	B
C1	B
D	B
D1	B
C1 + E	C1
C + E	C
D1 + E	D1
D + E	D
G	B
H	B

Restrictions on the grant of large goods and passenger-carrying vehicle driver’s licences

9

(1) An applicant for a large goods or passenger-carrying vehicle driver’s licence shall not, subject to paragraph (2), be granted a licence if, at the date from which the licence applied for is to take effect, any—

(a) large goods or passenger-carrying vehicle driver’s licence held by him is suspended; or

(b) Great Britain large goods or passenger-carrying vehicle driver’s licence held by him is suspended,

under Article 73 of the Order or, as the case may be, under the provision of the law for the time being in force in Great Britain corresponding to that Article.

(2) A person may apply for a large goods vehicle driver’s licence notwithstanding that, at the date from which the licence applied for is to take effect, any passenger-carrying vehicle driver’s licence held by him is suspended and such suspension relates to his conduct other than as a driver of a motor vehicle.

(3) An applicant for an LGV trainee driver’s licence—

(a) must be a registered employee of a registered employer within the meaning of regulation 43;

(b) must not be a person who—

(i) has been convicted (or is to be treated as if he had been convicted) of an offence by virtue of which he has incurred any further relevant endorsements, or

(ii) has at any time been disqualified by a court for holding or obtaining a licence or by a court in Great Britain for holding or obtaining a Great Britain licence; and

(c) must satisfy the Department that he holds a Certificate of Professional Competence issued by the Road Haulage and Distribution Training Council stating that the applicant has completed a course of induction training in the driving of goods vehicles which meets the requirements of Council Directive 76/914/EEC[^f00022].

Fees for licences

10

(1) An applicant for a licence shall pay a fee (if any) determined in accordance with paragraph (2).

(2) The fee payable upon an application for a licence shall, in the case of a licence of a description, and (as the case may be) in the circumstances, specified in column (1) of the table set out in Schedule 2, be the fee specified in relation to that licence in column (2).

Provisional licences

Provisional licences: interpretation

11

(1) In regulations 12 and 13—

“provisional licence”, in relation to a class of vehicles, includes a full licence which is treated, by virtue of Article 14 of the Order, as authorising its holder to drive vehicles of that class as if he held a provisional licence therefor;

“qualified driver” means— in the case of the supervision of the driver of a motor vehicle of a class included in category B, other than a vehicle in sub-category B1, by a person whose licence is limited by virtue of a notice served under Article 9(5)(b) of the Order to vehicles of a particular class, a person who holds a full licence authorising him to drive a vehicle of a class included in category B, other than a vehicle in sub-category B1, and who would in an emergency be able to take control of the steering and braking functions of that vehicle; in any other case, a person who holds— a full licence (other than an LGV trainee driver’s licence), a full Great Britain licence, or a Community licence, authorising him to drive a motor vehicle of the same class as the vehicle being driven by the holder of the provisional licence, and who is either— (A) at least 21 years of age and has (unless paragraph (2) applies) held the licence referred to above for an aggregate period of 3 years or more, or (B) a member of the armed services of the Crown acting in the course of his duties for naval, military or air force purposes.

(2) In the case of the supervision of a driver of a large goods or passenger-carrying vehicle of any class, it shall not be a requirement that he shall have held the licence for an aggregate period of 3 years or more.

Conditions attached to provisional licences

12

(1) Subject to the following paragraphs, the holder of a provisional licence shall comply with the following conditions in relation to motor vehicles of a class which he is authorised to drive by virtue of the provisional licence, that is to say he shall not drive or ride such a motor vehicle—

(a) otherwise than under the supervision of a qualified driver who is present with him in or on the vehicle;

(b) unless a distinguishing mark in the form set out in Part 1 of Schedule 3 is displayed on the vehicle in such manner as to be clearly visible to other persons using the road from within a reasonable distance from the front and from the back of the vehicle; or

(2) The condition specified in paragraph (1)(a) shall not apply when the holder of the provisional licence—

(a) is driving a motor vehicle of a class included in sub-category B1 or B1 (invalid carriages) or in category F, G or H which is constructed to carry only one person and not adapted to carry more than one person;

(b) is riding a moped or a motor bicycle with or without a side-car.

(3) The condition specified in paragraph (1)(b) shall not apply when the holder of the provisional licence is driving a motor vehicle and a distinguishing mark in the form set out in Part 2 of Schedule 3 is displayed on the motor vehicle in the manner described in paragraph (1)(b).

(4) The condition specified in paragraph (1)(c) shall not apply when the holder of the provisional licence is driving a vehicle of a class included in category B + E, C + E, D + E or F, in relation to motor vehicles of that class.

(5) The holder of a provisional licence authorising the driving of—

(a) a moped; or

(b) a motor bicycle with or without a side-car,

shall not drive such a vehicle while carrying on it another person.

(6) The holder of a passenger-carrying vehicle driver’s provisional licence shall not drive a vehicle which he is authorised to drive by that licence while carrying any passenger in the vehicle other than—

(a) the person specified in paragraph (1)(a); or

(b) a person who holds a passenger-carrying vehicle driver’s licence and either is giving or receiving instruction in the driving of passenger-carrying vehicles, or has given or received or is to give or receive, such instruction.

(7) The conditions specified in paragraphs (1)(a) and (6) shall not apply when the holder of the provisional licence is undergoing a test.

(8) The conditions specified in paragraphs (1), (5) and (6) shall not apply in relation to the driving of motor vehicles of a class in respect of which the provisional licence holder has been furnished with a certificate under regulation 37(1)(a) or, as the case may be, certificates under regulations 36(2)(a) and 37(2) stating that he has passed a test for the grant of a licence authorising him to drive vehicles of that class.

(9) In the case of an LGV trainee driver’s licence, this regulation shall apply as modified by regulation 43.

Conditions attached to provisional licences: holders of driving permits other than licences granted under Part II of the Order

13

A holder of a provisional licence authorising the driving of vehicles of any class who also holds a permit by virtue of which he is at any time—

(a) treated, by virtue of regulation 55, as the holder, for the purposes of Article 3 of the Order, of a licence authorising the driving of vehicles of that class; or

(b) entitled, pursuant to Article 3(1) of the Motor Vehicles (International Circulation) Order (Northern Ireland) 1990[^f00023], to drive motor vehicles of that class,

need not comply with regulation 12 at that time.

Full licences not carrying provisional entitlement

14

(1) Article 14(2) shall not apply to a licence—

(a) which authorises the driving only of motor vehicles adapted on account of a disability, whether pursuant to an application in that behalf made by the holder of the licence or pursuant to a notice served under Article 9(5)(b) of the Order;

(b) in so far as it authorises its holder to drive vehicles of a class included in category B + E, C + E, D + E, K or P or sub-category B1 (invalid carriages), C1, C1 + E, C1 + E (8.25 tonnes), D1 (not for hire or reward), D1 + E or D1 + E (not for hire or reward).

(2) Subject to the following provisions, the holder of a full licence authorising him to drive motor vehicles of a class included in a category or sub-category specified in column (1) of the table may drive—

(a) in the case where the full licence authorises only the driving of vehicles with automatic transmission, motor vehicles of all classes included in that category or sub-category which have manual transmission; and

(b) motor vehicles of all classes included in a category or sub-category specified in relation to that category or sub-category, in column (2) of the Table,

as if he were authorised by a provisional licence to do so and the application of Article 14(2) of the Order to those classes of vehicle is limited accordingly.

(3) In the case of a provisional large goods vehicle driver’s licence, this regulation shall apply as modified by regulation 43.

Column (1)	Column (2)
Full licence held	Provisional entitlement included
A1	A, B, F and K
A	B and F
B1	A, B and F
B	A, B + E, G and H
C	C1 + E, C + E
D1	D1 + E
D	D1 + E, D + E
F	B and P
G	H
H	G

Miscellaneous

Signature of licences

15

Every person to whom a licence is granted shall forthwith sign it in ink with his usual signature.

Lost or defaced licences

16

(1) If the holder of a licence—

(a) satisfies the Department that—

(i) the licence or its counterpart has been lost or defaced; and

(ii) the holder is entitled to continue to hold the licence; and

(b) pays the fee prescribed by regulation 10,

the Department shall, on surrender of any licence or counterpart that has not been lost, issue to him a licence in place of the licence or its counterpart and shall endorse upon the counterpart any particulars endorsed upon the original licence or counterpart, as the case may be, and the replacement so issued shall have the same effect as the originals.

(2) If at any time while a replacement licence is in force the original licence is found, the person to whom the original licence was issued, if it is in his possession, shall return it to the Department, of if it is not in his possession, but he becomes aware that it is found, shall take all reasonable steps to take possession of it and if successful shall return it as soon as may be practicable to the Department.

(3) The obligation in paragraph (2) shall apply in respect of the counterpart of a licence as if for the words “original licence” in each place where they occur there were substituted the words “original counterpart”.

Part III — Tests of Competence to Drive

Preliminary

Interpretation of Part III

17

In this Part—

“applicant” means an individual making an application for an appointment for a test or a part of a test with a view to taking the test or that part thereof himself;

“appointed person” means a person appointed by the Department to conduct theory tests under regulation 19(1)(a);

“examiner” means a person appointed by the Department to conduct practical or unitary tests;

“working day” means a day other than a Saturday, Sunday or public holiday.

Appointment of persons to conduct tests

Persons by whom practical and unitary tests may be conducted

18

(1) Practical and unitary tests may be conducted by any of the following persons—

(a) an examiner;

(b) the Secretary of State for Defence, in so far as concerns the testing of persons in the public service of the Crown under his department;

(i) members of a police force; or

(ii) persons employed, or to be employed, in the driving of motor vehicles for police purposes;

(d) a person authorised with the approval of the Department by a person specified in paragraph (b) or (c), to conduct tests on his behalf.

(2) No person shall be eligible to appoint any person to conduct practical or unitary tests under the provisions of sub-paragraphs (b), (c), or (d), of paragraph (1) unless, following an application made to the Department for the purpose of any of those sub-paragraphs, the Department is satisfied that—

(a) proper arrangements will be made by that person, for the conduct of tests in accordance with these Regulations; and

(b) proper records of such tests and the results thereof will be kept by him or them,

and has granted its approval in writing, subject to such conditions as it thinks fit to impose.

(3) No person appointed under the provisions of sub-paragraph (b), (c), or (d), of paragraph (1) may conduct tests unless the Department has given its approval in writing to his appointment and such approval shall be granted only if the Department is satisfied that the person is capable of making a proper assessment of a candidate’s ability to drive vehicles of the class in respect of which he is appointed to conduct tests.

(4) A person may not conduct a test prescribed in respect of any category or sub-category of motor vehicle unless he is expressly appointed for the purpose of conducting such a test.

Persons by whom theory tests may be conducted

19

(1) Theory tests may be conducted by—

(a) an appointed person;

(b) the Department, in so far as concerns the testing of persons in the public service of the Crown;

(d) subject to the approval of the Department, a person appointed by the Secretary of State for Defence to conduct theory tests on his behalf.

(2) An appointment made under paragraph (1)(a) may be made subject to such conditions as are, in the opinion of the Department, reasonably necessary in the general interests of candidates and where an appointed person fails to comply with such a condition the Department may appoint another person to carry out theory tests in substitution for that person notwithstanding that the first appointment has not been revoked.

(3) No person shall be eligible to appoint any person to conduct theory tests under the provisions of sub-paragraphs (c) or (d) of paragraph (1) unless, following an application made to the Department for the purpose of either of those sub-paragraphs, the Department is satisfied that—

(a) proper arrangements will be made by that person, or by the members of that class, for the conduct of tests in accordance with these Regulations; and

(b) proper records of such tests and the results thereof will be kept by him or them,

and has granted approval in writing, subject to such conditions as it thinks fit to impose.

(4) No person may be appointed under the provisions of paragraph (c) or (d) of paragraph (1) unless the person making the appointment has appointed a person to conduct practical tests under the provisions of regulation 18(1) and the Department has approved that appointment.

(5) A person may not conduct a test prescribed in respect of any category or sub-category of motor vehicle unless he is expressly appointed for the purpose of conducting such a test.

(6) No person appointed by virtue of sub-paragraph (c) or (d) of paragraph (1) may conduct tests unless the Department has given its approval in writing to his appointment and such approval shall be granted only if the Department is satisfied that the person is capable of making a proper assessment of a candidate’s ability to drive vehicles of the class in respect of which he is appointed to conduct tests.

Revocation of authority to conduct tests

20

(1) The Department may revoke—

(a) an appointment made under regulation 19(1)(a); or

(b) an approval given under regulation 18(1)(d) or 19(1)(d),

by notice in writing and the authority of the person whose appointment is revoked or whose approval is withdrawn to conduct theory tests or, as the case may be, to appoint other persons to conduct unitary, practical or theory tests, shall cease upon the date specified in the notice.

(2) Where a person has his appointment revoked or if an approval given in respect of him under regulation 18(3) or 19(3) is withdrawn, that person shall immediately return to the Department all forms of pass certificates supplied by him under regulation 36(8) which he still holds.

Applications for tests

Applications for practical and unitary tests

21

(1) An applicant wishing to take a practical or unitary test to be conducted by an examiner shall—

(a) apply for an appointment for such a test to the Department;

(b) provide the Department with such details relating to himself, the licence which he holds, the preferred location of the test, the nature of the test and the vehicle on which the test is to be taken as the Department may reasonably require; and

(2) Upon receipt of such details and such fee the Department shall make the arrangements necessary for the taking of the appropriate test.

(3) An applicant for whom an appointment is made as aforesaid in respect of a motor vehicle in any category may not apply for a further appointment for a practical or, as the case may be, a unitary test on a vehicle of the same class unless—

(a) the first appointment has been cancelled; or

(b) the test due on the first appointment does not take place for any reason other than cancellation; or

Fees in respect of tests

22

(1) No fee shall be payable in respect of a practical or unitary test conducted by a person appointed under paragraphs (b), (c) or (d) of regulation 18(1).

(2) Subject to paragraph (4), the fee payable in respect of a practical or unitary test to be conducted by an examiner for a licence authorising the driving of a motor vehicle of a class included in a category or sub-category specified in column (1) of the table in Schedule 4 is the fee specified in relation to that category or sub-category in column (2).

(3) No fee is payable in respect of a test for a licence authorising only the driving of invalid carriages.

(4) Where an appointment for a practical test to commence during normal hours is cancelled by the Department and the appointment cannot reasonably be rearranged so that the test commences during normal hours, the applicant shall pay the fee prescribed for a test commencing during normal hours notwithstanding that it commences out of hours.

(5) For the purposes of this regulation and Schedule 4, a test commences—

(a) during normal hours if the time for which the test appointment is made is any time between 0830 hours and 1630 hours on a working day, and

(b) out of hours, if the time for which the test appointment is made is any other time.

Applications for theory tests

23

(1) An applicant wishing to take a theory test to be conducted by an appointed person shall—

(a) apply for an appointment to that person;

(b) provide that person with such details relating to himself, the licence which he holds, the preferred location of the test, and the nature of the test to be taken as he may reasonably require; and

(2) An applicant for whom an appointment is made as aforesaid in respect of any category of motor vehicle may not apply for a further appointment for a theory test in respect of the same category unless—

(a) the first appointment has been cancelled;

(b) the test due on the first appointment does not take place for any reason other than cancellation; or

Fees for theory tests

24

The fee payable for a theory test to be conducted by an appointed person in respect of any category of motor vehicle shall be £16·50 and is payable to the Department.

Cancellation of tests

25

For the purposes of Article 8(b) of the Order (which Article specifies the cases in which a fee paid on an application for an appointment for a test may be repaid) notice cancelling an appointment—

(a) for a practical or unitary test to be conducted by an examiner must be given to the Department not less than 3 clear working days before the day for which the appointment is made;

(b) for a theory test to be conducted by an appointed person must be given not less than 3 clear working days before the day for which the appointment is made.

Requirements at tests

Vehicles suitable for test

26

(1) Subject to paragraph (2), a practical or unitary test prescribed in respect of a category or sub-category shown in column (1) of the Table shall be conducted in a vehicle having a specification equivalent to or (other than in the case of a test in respect of category F, G, H, K or P) higher than that shown in relation to that category or sub-category in column (2).

(2) Where an application for a practical test prescribed in respect of category A contains a declaration that the applicant is suffering from a relevant disability of such a nature that he is unable to ride a motor bicycle without a side-car, the applicant may take the test on a bicycle and side-car combination which has a power to weight ratio not exceeding 0.16 kw/kg.

(3) A person submitting himself for a practical or unitary test shall provide a vehicle which—

(a) corresponds to the specification referred to in paragraph (1) or (2), as the case may be;

(b) is not fitted with a device designed to permit a person other than the driver to operate the accelerator, unless any pedal or lever by which the device is operated and any other parts which it may be necessary to remove to make the device inoperable by such a person during the test have been removed;

(i) is not carrying goods or burden other than fixed items which are characteristic of the class to which it belongs, and

(ii) is fitted with a seat which is firmly secured to the vehicle in such a position that the examiner can properly conduct the test and is protected from bad weather during the test;

(d) in the case of a test prescribed in respect of category D, is so constructed that the examiner can, from the deck of the vehicle on which the driver is seated, clearly observe the road to the rear of the vehicle without the use of any optical device, unless—

(i) the construction of the vehicle makes it impossible to fulfil that requirement, and

(ii) the examiner consents to the requirement not being complied with in consequence of an arrangement to conduct part of the test elsewhere than on a road;

(e) in the case of a test prescribed in respect of category B + E, C + E or D + E, is fitted with linkage and braking mechanisms which are designed for use when the trailer is fully laden; and

(f) is reasonably representative of the class to which it belongs and is otherwise suitable for the purposes of the test.

(4) For the purposes of the Table, “minimum test vehicle” means, in relation to any category, a vehicle of a specification shown in relation to the category or sub-category in column (2).

Column (1)	Column (2)
Category	Specification
A in the case of a test conducted on or before 30th June 1997	A motor bicycle without a side-car having an engine with a cylinder capacity of not more than 250 cubic centimetres.
A in the case of a test conducted on or after 1st July 1997	A motor bicycle without a side-car having an engine with a cylinder capacity of over 120 cubic centimetres but not more than 125 cubic centimetres and capable of a speed of 100 kilometres per hour.
A1	A motor bicycle without a side-car having an engine with a cylinder capacity of 75 cubic centimetres but not more than 120 cubic centimetres.
B	Any four-wheeled vehicle in category B capable of a speed of 100 kilometres per hour.
B1 (invalid carriages)	An invalid carriage.
B1 in the case of any other test	Any vehicle in sub-category B1 capable of a speed of 60 kilometres per hour.
B + E	A combination of a minimum test vehicle for category B and a trailer having a maximum authorised mass of 1,000 kilograms which is capable of a speed of 100 kilometres per hour.
C1	Any vehicle in sub-category C1 having a maximum authorised mass of 4,000 kilograms and capable of a speed of 80 kilometres per hour.
C1 + E	A combination of a minimum test vehicle for sub-category C1 and a trailer having a maximum authorised mass of 2,000 kilograms, the overall length of which is 8 metres and which is capable of a speed of 80 kilometres per hour.
D1	Any vehicle in sub-category D1 capable of a speed of 80 kilometres per hour.
D1 + E	A combination of a minimum test vehicle for sub-category D1 and a trailer having a maximum authorised mass of 1,250 kilograms which is capable of a speed of 80 kilometres per hour.
C	Any vehicle in category C, other than an articulated goods vehicle, having a maximum authorised mass of 10,000 kilograms and a length of 7 metres which is capable of a speed of 80 kilometres per hour.
C + E	Either— an articulated goods vehicle combination having a maximum authorised mass of 18,000 kilograms and a length of 12 metres which is capable of a speed of 80 kilometres per hour, or a combination of a minimum test vehicle for category C and a trailer having a length of 4 metres and a maximum authorised mass of 4 tonnes, which has, in aggregate, a maximum authorised mass of 18,000 kilograms and an overall length of 12 metres and which is capable of a speed of 80 kilometres per hour.
D	Any vehicle in category D having a length of 9 metres and capable of a speed of 80 kilometres per hour.
D + E	A combination of a minimum test vehicle for category D and a trailer having a maximum authorised mass of 1,250 kilograms which is capable of a speed of 80 kilometres per hour.
F	Any vehicle in category F.
G	Any vehicle in category G.
H	Any vehicle in category H.
K	Any vehicle in category K.
P	Any vehicle in category P.

Further requirements at tests

27

(1) No person shall submit himself for a theory test, practical test or unitary test unless he satisfies the residence requirement specified in Article 5(1A) of the Order[^f00024] and where any question arises as to whether a person is normally resident in Northern Ireland 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 year 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 5 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 appointed person 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 30(2);

(b) he is exempt from the requirement to pass a theory test by virtue of regulation 31; or

produce to the person conducting the test before the test commences a valid certificate furnished under regulation 36(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 Great Britain.

(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 5 as evidence of his identity; and

(c) sign, on a 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 VIII of the Order.

(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 8(1) 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 in regulation 8 satisfy the examiner that he has passed the test prescribed in respect of the category specified in column (2) in relation to the first category.

(6) 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 Department 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 Department for the purpose of supervising the test or otherwise.

(7) In this regulation and regulation 28—

“appropriate licence” means a licence, other than an excepted provisional licence, which— is valid at the date of the test; bears the signature of the person who has submitted himself for the test; and is either— 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, a full licence which by virtue of Article 14(2) of the Order and regulation 14, 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 a Great Britain licence corresponding to either of those licences; and

“excepted provisional licence” means a licence which— was in force at a time before 1st January 1997; and is issued as a provisional licence in respect of a motor vehicle 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), or 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 8 do not apply by virtue of paragraph (2) of that regulation.

Examiner’s right to refuse to conduct test

28

(1) Subject to paragraphs (2) and (3), where a person submitting himself for—

(a) a theory test fails to satisfy the person authorised to conduct it that he has complied with any requirement imposed by regulation 27(2); or

(b) a practical or unitary test fails to satisfy the person authorised to conduct it that he has complied with any requirement imposed by regulation 26(2) or (3) or regulation 27(3), (4) or (5),

the person authorised to conduct the test must refuse to do so.

(2) Where the person who has submitted himself for—

(a) a practical test fails to produce a document required to be produced under regulation 27(3); or

(b) a practical or unitary test fails to produce an appropriate licence as required under regulation 27(4)(a),

if the person authorised to conduct the test is satisfied from other evidence that the document in question exists he may conduct the test.

(3) Where a person with special needs has failed to give to the person conducting a theory test such notice of those needs (not being less than 15 working days) as he may reasonably require the person authorised to conduct the test may refuse to do so.

(4) Where a person who requires the assistance of an interpreter at the theory test attends at the test with an interpreter who is—

(a) not approved by the Department to act as such; or

(b) with whom the test candidate is acquainted,

the person authorised to conduct the test must refuse to do so.

(5) In this regulation, “special needs” means a reasonable requirement for special treatment during the test arising by virtue of—

(a) the test not being available in a language which the test candidate understands;

(b) the test candidate having reading difficulties; or

Nature and conduct of tests

Nature of tests

29

(1) Subject to regulation 31, 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.

(2) 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 but not the driving of any other vehicles included in category C, shall consist of the theory test prescribed in respect of category C and the practical test prescribed in respect of category C + E; and

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

(3) 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 comply with the specified requirements.

(4) 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

(5) 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 25 minutes.

(6) The theory test shall—

(a) be conducted as a written examination consisting of—

(i) 25 questions in the case of the tests prescribed in respect of categories C and D, and

(ii) 35 questions in any other case,

the questions being in either a multiple choice or multiple response form and testing a candidate on the specified matters in accordance with Schedule 6;

(b) have a duration of 40 minutes or, in the circumstances specified in paragraph (7), 80 minutes.

(7) The circumstances referred to in paragraph (6) are that the candidate requires the assistance of a suitably qualified person at the test by virtue of having reading difficulties.

(8) 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 are the matters specified in relation to that category in column (2).

(9) 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).

Column (1)	Column (2)	Column (3)
Category	Specified matters	Specified requirements
A	Matters specified in Part 1 of Schedule 6	Requirements specified in Part 1 of Schedule 7
B	Matters specified in Part 2 of Schedule 6	Requirements specified in Part 2 of Schedule 7
B + E	—	Requirements specified in Part 2 of Schedule 7
C	Matters specified in Part 3 of Schedule 6	Requirements specified in Part 3 of Schedule 7
D	Matters specified in Part 4 of Schedule 6	Requirements specified in Part 4 of Schedule 7
C + E	—	Requirements specified in Part 3 of Schedule 7
D + E	—	Requirements specified in Part 4 of Schedule 7
F	—	Requirements specified in Parts 5 and 6 of Schedule 7
G	—	Requirements specified in Parts 5 and 6 of Schedule 7
H	—	Requirements specified in Parts 5 and 7 of Schedule 7
K	—	Requirements specified in Part 5 of Schedule 7
P	Matters specified in Part 1 of Schedule 6	Requirements specified in Part 1 of Schedule 7

Order of test

30

(1) Where a test is required to be conducted in two parts, unless he makes an election in accordance with paragraph (2), a person taking the test—

(a) must pass the theory test before he takes the practical test; and

(b) shall not be entitled to apply for an appointment 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 certificate under regulation 36(2)(a) stating that he has passed the relevant theory test, or

(ii) a certificate corresponding to such a certificate furnished under the law of Great Britain stating that he has during the relevant period passed the theory test in respect of the same category.

(2) A person may elect to apply for a practical test for a licence authorising the driving of a motor vehicle of any class, other than motor bicycles falling within sub-category A1, before he has been furnished with such certificate as is referred to in paragraph (1)(b) if the application is for an appointment for a test to be taken on or before—

(a) 31st December 1996, in the case of a test for a licence authorising the driving of motor vehicles of any other class included in category A, B or P;

(b) 30th June 1997 in the case of a test for a licence authorising the driving of motor vehicles of a class included in any other category;

and where he passes that practical test on or before that date the following paragraphs shall apply.

(3) He may not submit the certificate furnished under regulation 37(2) in respect of that practical test, in support of an application for a licence, as evidence that he has passed a test unless it is accompanied by—

(a) a certificate furnished under regulation 36(2)(a) stating that he has, during the relevant period, passed the relevant theory test; or

(b) a certificate corresponding to such a certificate furnished under the law of Great Britain stating that he has during the relevant period passed the theory test in respect of the same category.

(4) If he does not pass the relevant theory test during the relevant period, the passing of the practical test shall from the expiration of that period be disregarded for the purposes of regulations 12(8) and 29.

(5) In this regulation—

“the relevant theory test” means the theory test prescribed in respect of the category which includes the class of motor vehicle on which the practical test was taken;

“the relevant period” means the period commencing with the date on which the practical test is passed and ending on the date— which falls 6 months later, or on which the person who took the practical test is disqualified by order of a court under Article 152 or 196 of the Order until tested, whichever is the earlier.

Exemption from theory test

31

(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 Great Britain test of competence or is the holder of a Great Britain 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 Great Britain test of competence or is the holder of a Great Britain 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 July 1997, he has passed the 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 included in sub-category C1 which was in force at a time before 1st January 1997;

(c) he has passed a Great Britain test of competence corresponding to that test or is the holder of a Great Britain 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 July 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 Great Britain test of competence corresponding to that test or is the holder of a Great Britain licence corresponding to that licence.

(5) Where a person is disqualified by order of a court under Article 152 or 196 of the Order until tested, 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 until the day following the date on which the disqualification is deemed to have expired in relation to that class.

Entitlements upon passing test

Entitlement upon passing a test other than a test following disqualification until tested under Article 152 or 196 of the Order

32

(1) Where a person passes a test prescribed in respect of a class of motor vehicles included in any category or sub-category (or a Great Britain test of competence corresponding to that test) the Department shall grant to him a licence in accordance with paragraphs (2) and (3).

(2) Subject to regulation 33, the licence shall authorise the driving of all classes of motor vehicle included in that category or sub-category 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 it shall authorise the driving only of 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 it shall authorise the driving only of 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 it shall authorise the driving only of such classes of 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 licence shall in addition authorise the driving of all classes of motor vehicle included in a category or sub-category which is specified in column (2) of Schedule 1 as an additional category or sub-category in relation to a category or sub-category specified in column (1) 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 it shall authorise the driving only of such classes of 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 it shall authorise the driving only of 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 it shall authorise the driving only of such classes of vehicle included in the additional category or sub-category as are so adapted.

Entitlement upon passing a test other than a test following disqualification until tested under Article 152 or 196 of the Order: category A

33

(1) This regulation applies where—

(a) a person passes a test (or a Great Britain test of competence corresponding to such a test) for a licence authorising the driving of motor vehicles of a class included in sub-category A1; and

(b) the practical test is passed on or after 1st January 1997.

(2) Where this regulation applies the Department shall grant to the person who passed the test—

(a) in a case where he has passed the practical test (or the Great Britain test of competence corresponding to the practical test), on or before 30th June 1997, on a motor bicycle without a side-car having an engine with a cylinder capacity of not more than 250 cubic centimetres, a licence authorising him to drive all classes of motor vehicle included in category A;

(b) in a case where he has passed the practical test (or the Great Britain test of competence corresponding to the practical test) on a motor bicycle without a side-car having an engine with a cylinder capacity of over 120 cubic centimetres, a licence authorising him to drive all classes of motor vehicle included in category A and motor bicycles up to 25 kilowatts with a power to weight ratio which does not exceed 0.16 kw/kg;

(c) in a case where the practical test (or the Great Britain test of competence corresponding to the practical test) was passed on any other motor bicycle without a side-car having an engine with a cylinder capacity of 75 cubic centimetres but not more than 120 cubic centimetres (but subject to paragraph (2)) a licence authorising him to drive all classes of motor vehicle included in category A1;

(d) in a case where he has passed the practical test in Great Britain on a motor bicycle and side-car combination and the engine of the bicycle has a maximum net power output of not less than 35 kilowatts, a licence authorising him to drive all classes of motor bicycle and side-car combinations included in category A;

(e) subject to paragraph (3), in a case where the practical test (or the Great Britain test of competence corresponding to the practical test) was passed on a motor bicycle and a side-car combination the power to weight ratio of which does not exceed 0.16 kw/kg but which does not fall within sub-paragraph (d), a licence authorising him to drive motor bicycles and side-car combinations.

(3) A licence granted to a person who has passed a test on or after 1st July 1997, by virtue of paragraph (2)(b), shall authorise him to drive all classes of motor vehicle included in category A upon the expiration of a period of two years commencing on the date when he passed the test.

Upgrading of entitlements by virtue of passing second test

34

(1) A person who has passed a test prescribed in respect of—

(a) category D or sub-category D1 as specified in column (1) of Table A in Schedule 8; and

(b) category C + E or sub-category C1 + E as respectively specified at the top of columns (2) and (3) of Table A,

is deemed, subject to paragraph (2), competent to drive (in addition to the classes of motor vehicle in respect of which the tests were passed) vehicles included in the category or sub-category shown in column (2) or (3) of Table A in relation to the relevant test pass in column (1).

(2) Where, in a case to which paragraph (1) applies, each practical test is passed on a vehicle having automatic transmission the person passing the tests is deemed competent to drive only such classes of vehicle in the upgrade category as have automatic transmission.

(3) A person who has passed a test prescribed in respect of—

(a) a category or sub-category specified in column (A) of Table B in Schedule 8 which authorises the driving only of classes of vehicle having automatic transmission; and

(b) a category or sub-category specified at the top of one of the columns in that Table numbered (1) to (8), which authorises the driving of vehicles with manual transmission,

is deemed, subject to paragraph (6), competent to drive (in addition to the two classes in respect of which the tests were passed) all vehicles included in the category or sub-category shown in the relevant numbered column in relation to the relevant test pass in column (A).

(4) In the case of a person who has passed a test for a licence authorising the driving of any class of vehicles in category D not more than 5.5 metres in length, Tables A and B shall be read as if—

(a) for “D” there were substituted “vehicles in category D not more than 5.5 metres in length”; and

(b) for “D + E” there were substituted “vehicles in category D + E where the tractor vehicle is not more than 5.5 metres in length”,

in each case where those expressions occur.

(5) In the case of a person who holds a licence which, by virtue of these Regulations, authorises the driving of vehicles in category D otherwise than for hire or reward (notwithstanding that he may not have passed a test authorising the driving of such vehicles) Tables A and B shall be read as if—

(a) for “D” there were substituted “vehicles in category D, driven otherwise than for hire or reward”; and

(b) for “D + E” there were substituted “vehicles in category D + E driven otherwise than for reward”.

(6) In the case of a person who has passed a test for a licence authorising the driving of vehicles in category C + E which are drawbar trailer combinations, Tables A and B shall be read as if, in the relevant columns of those Tables—

(a) for “C + E” there were substituted “vehicles in category C + E which are drawbar trailer combinations”; and

(b) for “C1 + E” there were substituted “vehicles in category C1 + E which are drawbar trailer combinations”.

(7) Where, in Table B, the upgrade category is qualified by the expression “(a)”, the person is deemed competent to drive only such classes of vehicle therein as have automatic transmission.

(8) Where a person has passed a test prescribed in respect of category B + E which authorises the driving only of classes of vehicle having automatic transmission and a test prescribed in respect of any class of vehicle in category B, C or D which authorises the driving of vehicles with manual transmission, he is deemed competent to drive vehicles in category B + E with manual transmission.

(9) Where a person who—

(a) has passed a test prescribed in respect of category B; or

(b) is the holder of a licence, which was in force at a time before 1st January 1997, authorising the driving of motor vehicles of classes included in categories B and B + E and sub-categories C1, C1 + E (8.25 tonnes), D1 (not for hire or reward) and D1 + E (not for hire or reward),

which is limited to classes of vehicle having automatic transmission, passes a test prescribed in respect of category B + E, C or D which authorises the driving of vehicles with manual transmission, he is deemed competent to drive vehicles in category B (and, in the case mentioned in sub-paragraph (b), vehicles in sub-categories C1, C1 + E (8.25 tonnes), D1 (not for hire or reward)), which have manual transmission.

(10) In this regulation—

(a) “upgrade category” means the additional category or sub-category which the person passing the tests (or holding the licence and passing the test) is deemed competent to drive by virtue of the relevant provision of this regulation; and

(b) a reference to a test or a practical test includes, as the case may be, a reference to a Great Britain test of competence or a Great Britain practical test corresponding thereto.

Entitlement upon passing a test following disqualification until tested under Article 152 or 196 of the Order

35

(1) Where a person—

(a) is disqualified by order of a court under Article 152 or 196 of the Order until tested; and

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

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

(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 as 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 (2) of Schedule 1 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;

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