1. These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 1996 and shall come into force-

(a) in so far as is necessary for the purpose of enabling persons to apply for theory tests, practical tests and unitary tests, on 1st June 1996;

(b) for all other purposes, on 1st July 1996.

2. The Motor Vehicles (Driving Licences) Regulations 1987(7) shall be amended in accordance with regulations 3 to 11 below.

3.-(1) Regulation 3 (Interpretation) shall be amended as follows.

(2) In paragraph (1)-

(a)in the definition of "licensing authority", at the end, there shall be inserted "for Transport";

(b)after the definition of "moped" there shall be inserted-

• ""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 and includes such a test conducted as part of an extended driving test;";

(c)for the definition of "test" there shall be substituted-

""test" means any test of competence to drive conducted pursuant to section 89 of the Road Traffic Act 1988 including an extended driving test;

"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 and includes such a test conducted as part of an extended driving test;

"unitary test" means a test which, by virtue of these Regulations, is to consist of a practical test of driving skills and behaviour and includes such a test conducted as an extended driving test;".

(3) At the end there shall be inserted-

"(5) Where a statement or certificate (but not a distinguishing mark) is required under these Regulations to be in a form prescribed herein, it means a certificate or statement in that form (or as nearly in that form as circumstances permit), adapted to the circumstances of the case and duly completed and signed where required.".

4.-(1) Regulation 5 (Applications for the grant of licences) shall be amended as follows.

(2) After paragraph (1), there shall be inserted-

"(1A) An applicant for a licence who before the licence is granted is required to satisfy the licensing authority that he has passed a test shall at the time when he applies for the licence deliver to the licensing authority, in support of that application, either-

(a)a certificate furnished under regulation 22A(1)(a), or

(b)where paragraphs (3), (4) and (5) of regulation 20B apply, certificates furnished under regulations 22(2)(a) and 22A(2) in accordance with paragraph (3) of that regulation.".

5. In regulation 9(1) (Conditions attached to provisional licences), for the words from "Provided that" to the end of the paragraph there shall be substituted-

"(1A) The conditions specified in paragraph (1) shall not apply in relation to the driving of motor vehicles of any class where the provisional licence holder has passed a test by virtue of which he is entitled to be granted a licence authorising him to drive vehicles of that class.".

6. For Part III (Tests of Competence to Drive)(8) there shall be substituted the provisions set out in Schedule 1.

7. In regulation 23B (Nature of approved training courses)(9), after paragraph (4), there shall be inserted-

"(4A) A certificate issued under paragraph (4) in respect of an approved training course conducted on or after 1st July 1996 may not be submitted, in support of an application for a licence, as evidence of the successful completion of that course after the expiration of a period of 3 years commencing on the date of the certificate.".

8. For regulation 29 (Entitlement to categories) there shall be substituted-

"Categories of entitlement

29.-(1) Subject to paragraph (3), licences shall be granted authorising the driving of motor vehicles in accordance with the categories specified in columns (1) and (2) of Schedule 3 and those categories are designated as groups for the purposes of section 89(1)(b)(10) and 89A(4)(a)(11) of the Road Traffic Act 1988.

(2) In these Regulations, unless the context otherwise requires, any reference to category B means that category including sub-category B1.

(3) Where a person holds, or has held, a licence authorising him to drive vehicles of a class included in any category he is deemed competent to drive-

(a)vehicles of all classes included in that 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 vehicle included in that category as have automatic transmission;

(ii)only invalid carriages, in which case he shall be deemed competent to drive only such classes of vehicle included in category B1 as are 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 as are so adapted; and

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

(i)only motor vehicles having automatic transmission and the additional category is C1, D1, B plus E, C1 plus E or D1 plus E, in which case he shall be deemed competent to drive only such classes of motor vehicle included in the additional category as have automatic transmission;

(ii)only invalid carriages, in which case he shall be deemed competent to drive only such classes of vehicle included in category B1 as are 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 as are so adapted.".

9. For Schedule 3 (Categories of motor vehicles for test purposes) there shall be substituted the provisions set out in Schedule 2.

10. For Schedule 4 (Additional requirements for driving tests) there shall be substituted the provisions set out in Schedule 3.

11. For Schedule 6 (Forms of certificate and statement of driving test result) there shall be substituted the provisions set out in Schedule 4(12).

Regulation 6

SCHEDULE 1PROVISIONS INSERTED IN SUBSTITUTION FOR PART III

"PART IIITESTS OF COMPETENCE TO DRIVE

Preliminary

Interpretation of Part III

14. In this Part of these Regulations-

"applicant in person" means a person 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 licensing authority to conduct theory tests under regulation 16(1)(a)(ii);

"DSA examiner" means a person appointed by the licensing authority to conduct practical or unitary tests under paragraph (1)(a) or (3)(a) of regulation 15;

"motor bicycle instructor" means a person operating an establishment for providing instruction in the driving of vehicles in categories A or P, including an establishment which provides tuition to prepare persons for the theory test;

"working day" means a day other than a Saturday, Sunday, bank holiday, Christmas Day or Good Friday (and "bank holiday" means a day to be observed as such under section 1 of and Schedule 1 to the Bank and Financial Dealings Act 1971(13)).

Appointment of persons to conduct tests

Persons by whom practical and unitary tests may be conducted

15.-(1) Subject to paragraph (3), practical and unitary tests may be conducted by any of the following persons-

(a)a person appointed by the licensing authority;

(b)the Secretary of State for Defence, for the purpose of testing members of the armed forces of the Crown and persons in the public service of the Crown under his department;

(c)in England and Wales, the chief officer of any fire brigade maintained in pursuance of the Fire Services Act 1947(14) or, in Scotland, the firemaster of such a brigade, for the purpose of testing members of any such brigade or of persons employed in the driving of motor vehicles for the purposes of any such brigade;

(d)any chief officer of police, for the purpose of testing-

(i)members of a police force; or

(ii)persons employed in the driving of motor vehicles for police purposes by a police authority or by the Receiver for the Metropolitan Police District;

(e)the Commissioner of Police of the Metropolis, for the purpose of testing any person who is the holder of or is an applicant for a licence to drive a motor cab by virtue of the Metropolitan Public Carriage Act 1869(15);

(f)a person appointed for the purpose by the licensing authority under the provisions of paragraph (2);

(g)subject to the written approval of that person by the licensing authority, a person or a class of persons authorised by a person specified in sub-paragraph (b), (c), (d), (e) or (f) of this paragraph to conduct tests on his behalf.

(2) Any person may apply to the licensing authority to be appointed to conduct practical or unitary tests of persons employed or proposed to be employed by him as drivers, and the licensing authority may, if he is satisfied that-

(a)the number of drivers of motor vehicles ordinarily employed by the applicant exceeds 250;

(b)proper arrangements will be made by the applicant for the conduct of tests in accordance with these Regulations; and

(c)proper records of such tests and the results thereof will be kept by the applicant,

grant the application subject to any special conditions which he may think fit to impose.

(3) Where a person is disqualified until he passes the appropriate driving test practical and unitary tests shall be conducted by-

(a)a person appointed by the licensing authority;

(b)the Secretary of State for Defence, for the purpose of testing members of the armed forces of the Crown and persons in the public service of the Crown under his department;

(c)subject to the written approval of the licensing authority, a person or a class of persons authorised by the Secretary of State for Defence to conduct practical and unitary tests on his behalf.

Persons by whom theory tests may be conducted

16.-(1) Theory tests may be conducted by-

(a)a person appointed in writing by the licensing authority-

(i)for the purpose of testing a class of persons specified in the instrument of appointment, or

(ii)where no class of persons is specified, for the purpose of testing persons generally,

(b)the Secretary of State for Defence, for the purpose of testing members of the armed forces of the Crown and persons in the public service of the Crown under his department;

(c)any chief officer of police, for the purpose of testing-

(i)members of a police force; or

(ii)persons employed in the driving of motor vehicles for police purposes by a police authority or by the Receiver for the Metropolitan Police District;

(d)subject to the written approval of the licensing authority, a person or a class of persons appointed by a person specified in sub-paragraph (b) or (c) to conduct theory tests on his behalf.

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

Revocation of authority to conduct tests

17. The licensing authority may revoke-

(a) an appointment made under regulation 15(1)(f) or 16(1)(a)(ii), or

(b) an approval given under regulation 15(1)(g) or (3)(c) or 16(1)(d)

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

Applications for tests

Applications for practical and unitary tests: applicants in person

18.-(1) An applicant in person wishing to take a practical or unitary test to be conducted by a DSA examiner shall-

(a)apply for an appointment for such a test to the licensing authority,

(b)provide the licensing authority 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 licensing authority may reasonably require, and

(c)pay such fee as is specified in regulation 19.

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

(3) An applicant in person for whom an appointment is made as aforesaid in respect of a class of motor vehicle in any category may neither apply as an applicant in person nor be nominated by virtue of regulation 18A 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

(c)he has kept the first appointment (whether or not the test is completed).

Applications for practical and unitary tests: motor bicycle instructors

18A.-(1) A motor bicycle instructor who wishes to make an appointment for a practical test to be conducted by a DSA examiner and to be taken by a person who has, or will have, received from that instructor instruction in the driving of vehicles in either category A or P shall-

(a)apply for such an appointment to the licensing authority, specifying the date and time for the appointment which the instructor wishes to reserve and the place where he wishes the test to be conducted,

(b)provide such details relating to himself, the establishment and the nature of the test as the licensing authority may reasonably require, and

(c)pay such fee as is specified in regulation 19.

(2) The licensing authority may refuse to accept an application from a motor bicycle instructor (or, where two or more applications have been made on the same occasion, to accept all or any of those applications) where an appointment specified in the application is unavailable or where, in the opinion of the licensing authority, it is reasonably necessary to do so in the general interests of applicants for practical or unitary tests.

(3) Subject to paragraphs (2) and (5), upon receipt of such details and such fee the licensing authority shall confirm to the motor bicycle instructor the date and time of the appointment.

(4) If, before the expiration of the qualifying period, the licensing authority receives from the motor bicycle instructor the name and such further details relating to-

(a)the person receiving instruction from that instructor who will at the appointment submit himself for that test,

(b)the nature of the test, and

(c)the vehicle on which the test is to be taken,

as the licensing authority may reasonably require, the licensing authority shall make the arrangements necessary for the taking of the test.

(5) A person nominated by a motor bicycle instructor pursuant to paragraph (4) for a practical test in respect of any class of motor bicycle may neither be so nominated nor apply under regulation 18 for a further appointment for a test in respect of a motor bicycle of the same class unless-

(a)the appointment made pursuant to the first nomination has been cancelled, or

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

(c)he has kept that appointment (whether or not the test is completed).

(6) The qualifying period for the purposes of paragraph (4) is the period expiring at midday on the day which is two working days before the day for which the appointment is made.

Fees in respect of practical and unitary tests

19.-(1) No fee shall be payable in respect of a practical or unitary test conducted by-

(a)a person appointed under sub-paragraphs (b), (c), (d) or (f) of regulation 15(1), or

(b)except where paragraph (2)(a) applies, a person authorised pursuant to paragraph (g) of regulation 15(1).

(2) The fees payable in respect of practical or unitary tests other than tests which are, or form part of, extended driving tests and are to be-

(a)conducted by a DSA examiner, or

(b)conducted by, or by a person authorised by, the Commissioner of Police of the Metropolis pursuant to regulation 15(1)(e) or (g)

shall be those specified in the following provisions of this regulation.

(3) Subject to paragraph (5), the fee payable in respect of a test to be commenced between the hours of 0830 and 1630 on Monday to Friday (inclusive of both those days) by a DSA examiner is-

(a)in the case of a test for the grant of a licence authorising a person to drive a motor vehicle in category A or category P, £36; and

(b)in the case of any other test not specified in regulation 15C of the Motor Vehicles (Driving Licences) (Large Goods and Passenger-Carrying Vehicles) Regulations 1990(16), £28.50.

(4) Subject to paragraph (5), the fee payable in respect of a test to be conducted at any other time by a DSA examiner is-

(a)in the case of a test for the grant of a licence authorising a person to drive a motor vehicle in category A or category P, £47.50; and

(b)in the case of any other test not specified in regulation 15C of the Motor Vehicles (Driving Licences) (Large Goods and Passenger-Carrying Vehicles) Regulations 1990, £38.50.

(5) No fee is payable in respect of a test taken in an invalid carriage.

(6) The fee payable in respect of a test for driving a motor cab to be conducted by, or by a person authorised by, the Commissioner of Police of the Metropolis is £28.50 and that fee shall be paid to the person conducting the test to be retained by him as remuneration.

Fees in respect of extended tests

19A.-(1) No fee shall be payable in respect of a practical or unitary test which is, or forms part of, an extended driving test conducted by the Secretary of State for Defence.

(2) The fees payable in respect of practical or unitary tests which are, or form part of, extended driving tests and are conducted by a DSA examiner shall be those specified in the following provisions of this regulation.

(3) The fee payable in respect of a test to be conducted on a working day is-

(a)in the case of a test to drive a motor vehicle in category A or category P, £72; and

(b)in the case of any other test, £57,

save that no fee is payable in respect of a test to be taken in an invalid carriage.

(4) The fee payable in respect of a test to be conducted on a Saturday is-

(a)in the case of a test to drive a motor vehicle in category A or category P, £95; and

(b)in the case of any other test, £77.50,

save that no fee is payable in respect of a test to be taken in an invalid carriage.

Applications for theory tests: applicants in person

19B.-(1) An applicant in person 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

(c)pay the fee specified in regulation 19D.

(2) Upon receipt of such details and such fee the appointed person shall make the arrangements necessary for taking the theory test.

(3) An applicant in person for whom an appointment is made as aforesaid in respect of any category of motor vehicle may neither apply as an applicant in person nor be nominated by virtue of regulation 19C for a further appointment for a theory test in respect of the same category 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

(c)he has kept the first appointment (whether or not the test is completed).

Applications for theory tests: motor bicycle instructors

19C.-(1) A motor bicycle instructor who wishes to make an appointment for a theory test prescribed in respect of motor vehicles in category A or P to be conducted by an appointed person and to be taken by a person who has, or will have, received from that instructor tuition to prepare him for the theory test shall-

(a)apply for such an appointment to the appointed person, specifying the date and time of the appointment which the instructor wishes to reserve and the place where he wishes the test to be conducted,

(b)provide such details relating to himself, the establishment and the nature of the test as the appointed person may reasonably require,

(c)pay such fee as is specified in regulation 19D.

(2) The appointed person may refuse to accept an application from a motor bicycle instructor (or, where two or more applications have been made on the same occasion, to accept all or any of those applications) where any appointment specified in the application is unavailable or where, in the opinion of the appointed person, it is reasonably necessary to do so in the general interests of applicants for practical or unitary tests.

(3) Subject to paragraphs (2) and (5), upon receipt of such details and such fee the appointed person shall confirm to the motor bicycle instructor the date and time of the appointment.

(4) If, before the expiration of the qualifying period, the appointed person receives from the motor bicycle instructor the name and such further details relating to-

(a)the person receiving tuition from that instructor who will at the appointment submit himself for that test, and

(b)the nature of the test,

as the appointed person may reasonably require, the appointed person shall make the arrangements necessary for the taking of the test.

(5) A person nominated by a motor bicycle instructor pursuant to paragraph (4) for a theory test in respect of motor vehicles in category A or P may neither be so nominated nor apply under regulation 19B for a further appointment for such a test unless-

(a)the appointment made pursuant to the first nomination has been cancelled, or

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

(c)he has kept that appointment (whether or not the test is completed).

(6) The qualifying period for the purposes of paragraph (4) is the period expiring on the day which is three clear working days before the day for which the appointment is made.

Fees for theory tests

19D. The fee payable for a theory test to be conducted by an appointed person in respect of any category of motor vehicle is £15 and is payable to the licensing authority.

Cancellation of tests

19E. For the purposes of section 91(b) of the Road Traffic Act 1988 (which section 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 a DSA examiner must be given to the licensing authority not less than ten 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 three clear working days before the day for which the appointment is made.

Nature and conduct of tests

Nature of tests other than extended tests

20.-(1) This regulation applies to tests other than extended driving tests.

(2) Subject to regulation 20C, the test for a licence authorising the driving of a motor vehicle of a class included in category A, B or P shall be conducted in two parts, namely-

(a)a theoretical test, and

(b)a practical test of driving skills and behaviour,

and a person taking such a test must pass both parts.

(3) 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 any other category 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-

(a)he is generally competent to drive a vehicle of that class-

(i)without danger to, and with due consideration for, other road users, and

(ii)in accordance with the Highway Code,

and

(b)he is able to comply with the specified requirements.

(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 not less than 25 minutes.

(6) The theory test shall-

(a)be conducted as a written examination consisting of 35 questions, which may be in a multiple choice or multiple response form, testing a candidate on the specified matters in accordance with Schedule 4;

(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 at the end of this regulation are the matters specified in relation to that category in column (2) of the table.

(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) of the table."

Nature of extended driving tests

20A.-(1) Where a person is disqualified by order of a court under section 36 of the Road Traffic Offenders Act 1988 until he passes an extended driving test, the test which he must pass is a test conducted in accordance with paragraphs (2) to (9) of regulation 20 as modified by virtue of paragraph (2) of this regulation.

(2) For the purpose of an extended driving test, paragraph (5)(b) of regulation 20 shall apply as if for "25" there were substituted "60".

Order of test

20B.-(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 a certificate under regulation 22(2)(a) stating that he has passed the relevant theory test.

(2) A person may elect to apply for a practical test 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 31st December 1996 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 22A(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 22(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 Northern Ireland 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 91(A), 20 and 20A.

(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-

(i)which falls 6 months later, or

(ii)on which the person who took the practical test is disqualified by order of a court under section 36 of the Road Traffic Offenders Act 1988(17) until he passes the appropriate driving test,

whichever is the earlier.

Exemption from theory test

20C.-(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 he has passed-

(a)on or after 1st July 1996, the test prescribed in respect of category P,

(b)a test prescribed in respect of motor vehicles of a class included in category B, or

(c)a Northern Ireland test of competence corresponding to either of those tests.

(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 he has passed-

(a)on or after 1 July 1996, the test prescribed in respect of category P,

(b)a test prescribed in respect of motor vehicles of another class included in category B,

(c)the test prescribed in respect of motor vehicles of a class included in category A, or

(d)a Northern Ireland test of competence corresponding to any of those tests.

Entitlements upon passing test

Entitlement upon passing a test other than an appropriate driving test

20D. Where a person has passed a test prescribed in respect of a class of motor vehicles included in any category he shall be granted a licence authorising him to drive-

(a) all classes of motor vehicle included in that category unless-

(i)the test or, as the case may be, the practical test is passed on a motor vehicle with automatic transmission, in which case he shall be granted a licence authorising him to drive only such classes of motor vehicle included in that category as have automatic transmission;

(ii)the practical test is passed on an invalid carriage, in which case he shall be granted a licence authorising him to drive only such classes of vehicle included in category B1 as are invalid carriages;

(iii)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 he shall be granted a licence authorising him to drive only such classes of motor vehicle included in that category as are so adapted;

and

(b) all classes of vehicle included in any other category which is specified in the column (3) of Schedule 3 as an additional category in relation to that category unless-

(i)the test or, as the case may be, the practical test is passed on a motor vehicle with automatic transmission and the additional category is B plus E, C1, D1, C1 plus E, D1 plus E, or F, in which case he shall be granted a licence authorising him to drive only such classes of motor vehicle included in the additional category as have automatic transmission;

(ii)the practical test is passed on an invalid carriage, in which case he shall be granted a licence authorising him to drive only such classes of vehicle included in category B1 as are invalid carriages;

(iii)the test or, as the case may be, the practical test is passed on a vehicle which is adapted on account of a disability of the person taking the test, in which case he shall be granted a licence authorising him to drive only such classes of vehicle included in the additional category as are so adapted.

Entitlement upon passing an appropriate driving test

20E.-(1) Where a person-

(a)is disqualified by order of a court under section 36 of the Road Traffic Offenders Act 1988 until he passes the appropriate driving test, and

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

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) The disqualification shall be deemed to have expired in relation to all classes of vehicle included in the 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 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 to such classes of vehicle included in category B1 as are 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 as are so adapted.

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

(a)the test or, as the case may be, the practical test is passed on a vehicle with automatic transmission and the additional category is B plus E, C1, D1, C1 plus E or D1 plus E, 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 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 to such classes of vehicle included in category B1 as are invalid carriages;

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

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

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

(b)categories G and H.

Requirements at tests

Vehicles suitable for test

21.-(1) A practical or unitary test for a licence authorising the driving of a motor vehicle included in a category shown in column (1) of the table at the end of this regulation shall be conducted in a vehicle of a specification shown in relation to that category in column (2) of the table.

(2) 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),

(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, and

(c)is otherwise suitable for the purposes of the test.

Further requirements at tests

21A.-(1) A person submitting himself for a theory test shall-

(a)before the test commences-

(i)produce to the person conducting the test an appropriate licence authorising him to drive a motor vehicle of a class included in the category in respect of which the test is to be taken, and

(ii)sign a record of his attendance at the test;

(b)during the test comply with all reasonable instructions given by the invigilator for the purpose of ensuring the proper and orderly conduct of the test.

(2) 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 20B(2), or

(b)he is exempt from the requirement to pass a theory test by virtue of regulation 20C,

produce to the person conducting the test before the test commences a valid certificate furnished under regulation 22(2)(a) showing that he has passed the theory test prescribed in respect of the same category or a certificate corresponding to such a certificate furnished under the law of Northern Ireland.

(3) A person submitting himself for a practical or unitary test shall, before the test commences-

(a)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, and

(b)sign, on the Driving Test Report Form produced to him by the person conducting the test, a declaration to the effect that there is in force, in relation to the use of the vehicle provided for the purposes of the test, a policy of insurance which complies with the requirements of Part VI of the Road Traffic Act 1988.

(4) A person submitting himself for a practical or a unitary test shall, during the test-

(a)except when the test is for a licence authorising him to drive a motor vehicle of a class included in category A or category P, allow to travel in the vehicle

(i)the person authorised to conduct the test; and

(ii)any person authorised by the licensing authority to attend the test for the purpose of supervising it or otherwise;

(b)when the test is for a licence authorising him to drive a motor vehicle of a class included in category A or category P, allow the attendance of- &

(i)the person authorised to conduct the test; and

(ii)any person authorised by the licensing authority for the purpose of supervising the test or otherwise.

(5) In this regulation, "appropriate licence" means a licence which-

(a)is valid at the date of the test,

(b)bears the signature of the person who has submitted himself for the test, and

(c)is either-

(i)a provisional licence authorising the person submitting himself for the test to drive motor vehicles of the same class as the vehicle which he has provided for the test, or

(ii)a full licence which by virtue of section 98(2) of the Road Traffic Act 1988, authorises that person to drive motor vehicles of that class subject to the same conditions as if he were so authorised by a provisional licence, or

(iii)a Northern Ireland licence corresponding to either of those licences.

Examiner's right to refuse to conduct test

21B.-(1) Subject to paragraph (2), where a person submitting himself for a theory test, a practical test or a unitary test fails to satisfy the examiner that he has complied with any requirement imposed in relation to that test by regulation 21(2) or paragraph (1), (2), (3) or (4) of regulation 21A, the person authorised to conduct the test must refuse to do so.

(2) Where the person who has submitted himself for a practical test fails to produce a document required to be produced under regulation 21A(1)(a)(i) or (2), if the person authorised to conduct the test is satisfied from other evidence that the document nevertheless exists he may conduct the test.

Test results

Evidence of results of theory tests

22.-(1) A person conducting a theory test shall, as soon as practicable after its completion, arrange for the test paper returned by a test candidate to be marked for the purpose of ascertaining whether the candidate has demonstrated a knowledge and sound understanding of the specified matters in accordance with these Regulations.

(2) A person conducting the theory test shall furnish-

(a)a person who passes the test with a certificate (a "pass certificate") in the form set out in Part 1 of Schedule 5;

(b)a person who fails to pass the test with a statement (a "failure statement") in the form set out in Part 2 of Schedule 5.

(3) Where a person who has conducted a theory test is satisfied that a 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 was sent to him to the person who conducted the test with a request in writing that the paper 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 paper.

(5) A pass certificate issued in error 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 pass certificate shall be valid for the purposes of regulation 21A(2) for a period commencing on the date on which the test was taken and ending on the date-

(a)which falls two years later, or

(b)on which the person to whom the certificate was given is disqualified by order of a court under section 36 of the Road Traffic Offenders Act 1988 until he passes the appropriate driving test,

whichever is the earlier.

Evidence of the result of practical and unitary tests

22A.-(1) Subject to paragraph (2), a person conducting a practical test shall furnish-

(a)a person who passes the test with a certificate in the form set out in Part 1 of Schedule 6;

(b)a person who fails to pass the test with a statement in the form set out in Part 2 of Schedule 6.

(2) Where, by virtue of regulation 20B(2), a person-

(a)elects to apply for an appointment for a practical test before being furnished with a certificate stating that he has passed a theory test, and

(b)passes that practical test taken on that appointment,

the person conducting the practical test shall furnish that person with a certificate in the form set out in Part 3 of Schedule 6.

(3) Where the person who took the practical test has produced a valid theory test pass certificate under regulation 21A(2), he shall surrender that certificate to the person conducting the test upon receipt of the certificate furnished under paragraph (1)(a).

(4) A person conducting a unitary test shall give to-

(a)a person who passes the test a certificate to that effect in the form set out in Part 1 of Schedule 6;

(b)a person who fails to pass the test a statement to that effect in the form set out in Part 2 of Schedule 6.

Regulation 8

SCHEDULE 2PROVISIONS SUBSTITUTED FOR SCHEDULE 3

Regulation 29

"SCHEDULE 3CATEGORIES OF VEHICLE FOR LICENSING PURPOSES

Regulation 9

SCHEDULE 3PROVISIONS SUBSTITUTED FOR SCHEDULE 4

Regulation 20

"SCHEDULE 4SPECIFIED MATTERS FOR THEORY TEST

PART 1CATEGORIES A AND P

The specified matters are set out at paragraphs A to G. The person conducting the test shall examine candidates on all the items included in paragraphs A to G but need not examine them on every item mentioned in paragraphs F and G provided that he asks at least one question about them at random.

A. Road traffic regulation

Road traffic regulations including road signs, road markings, signals, rights of way and speed limits.

B. The driver

1. The importance of alertness and attitudes to other road users.

2. Perception, judgment and decision-making, including especially reaction time and changes in driver behaviour due to the influence of alcohol, drugs and medicinal products, state of mind and fatigue.

C. The road

1. The most important principles concerning the observance of safe distance between vehicles, braking distances and roadholding under various weather and road conditions.

2. Driving risk factors related to various road conditions, in particular as they change with the weather and the time of day or night.

3. Characteristics of various types of road and the related statutory requirements.

D. Other road users

1. Specific risk factors related to the lack of experience of other road users and the most vulnerable categories of user such as children, pedestrians, cyclists and people whose mobility is reduced.

2. Risks involved in the movement and driving of various types of vehicle and of the different fields of view of their drivers.

E. General rules and regulations and other matters

1. Rules concerning the administrative documents required for the use of vehicles.

2. General rules specifying how the driver must behave in the event of an accident (setting warning device and raising the alarm) and the measures which he can take to assist road accident victims where necessary.

3. Safety factors relating to persons carried, including balancing with a passenger.

F. Road and Vehicle safety

1. Mechanical aspects of the vehicle with a bearing on road safety, i.e. the detection of the most common faults, in particular in the steering, suspension and brake systems, tyres, lights and direction indicators, reflectors, rear-view mirrors, and the exhaust system.

2. Vehicle safety equipment including, in particular, the use of crash helmets and visors.

G. Environmental matters

Rules regarding vehicle use in relation to the environment, including the appropriate use of audible warning devices, moderate fuel consumption, limitation of pollutant emissions, and so on.

PART 2CATEGORY B

The specified matters are set out at paragraphs A to G. The person conducting the test shall examine candidates on all the items included in paragraphs A to G but need not examine them on every item mentioned in paragraphs F and G provided that he asks at least one question about them at random.

A. Road traffic regulation

Road traffic regulations including road signs, road markings, signals, rights of way and speed limits.

B. The driver

1. The importance of alertness and attitudes to other road users.

2. Perception, judgment and decision-making, including especially reaction time and changes in driver behaviour due to the influence of alcohol, drugs and medicinal products, state of mind and fatigue.

C. The road

1. The most important principles concerning the observance of safe distance between vehicles, braking distances and roadholding under various weather and road conditions.

2. Driving risk factors related to various road conditions, in particular as they change with the weather and the time of day or night.

3. Characteristics of various types of road and the related statutory requirements.

D. Other road users

1. Specific risk factors related to the lack of experience of other road users and the most vulnerable categories of user such as children, pedestrians, cyclists and people whose mobility is reduced.

2. Risks involved in the movement and driving of various types of vehicle and of the different fields of view of their drivers.

E. General rules and regulations and other matters

1. Rules concerning the administrative documents required for the use of vehicles.

2. General rules specifying how the driver must behave in the event of an accident (setting warning device and raising the alarm) and the measures which he can take to assist road accident victims where necessary.

3. Safety factors relating to persons carried.

F. Road and Vehicle safety

1. Mechanical aspects of the vehicle with a bearing on road safety, i.e. the detection of the most common faults, in particular in the steering, suspension and brake systems, tyres, lights and direction indicators, reflectors, rear-view mirrors, windscreen and wipers, and the exhaust system and seat-belts.

2. Vehicle safety equipment including, in particular, the use of seat-belts and child safety equipment.

G. Environmental matters

Rules regarding vehicle use in relation to the environment, including the appropriate use of audible warning devices, moderate fuel consumption, limitation of pollutant emissions, and so on.

Regulation 20

SCHEDULE 4ASPECIFIED REQUIREMENTS FOR PRACTICAL OR UNITARY TEST

PART 1CATEGORIES A AND P

Test candidates must satisfy the examiner as to-

(a) their ability to-

(i)carry out properly the activities, and

(ii)perform competently, without danger to and with due consideration for other road users, the manoeuvres

specified in paragraphs A to E below in accordance with those paragraphs;

(b) their understanding of how to balance safely with a passenger.

A. Eyesight

Read in good daylight (with the aid of corrective lenses if worn) a registration mark fixed to a motor vehicle and containing letters and figures 79.4 millimetres high at a distance of 20.5 metres.

B. Preparation to drive

1. Adjust rear view mirrors.

2. Adjust crash helmets.

3. Remove motor bicycle from its stand and move it, without the aid of the engine, by walking alongside it.

C. Technical control of the vehicle

1. Start the engine and move off smoothly (uphill and downhill as well as on the flat).

2. Accelerate to a suitable speed while maintaining a straight course, including during gear-changes.

3. Adjust speed to negotiate left or right turns at junctions, possibly in restricted spaces, while maintaining control of the vehicle.

4. Lean over to turn.

5. Keep balance at various speeds.

6. Brake accurately to stop, if need be by performing an emergency stop.

7. Cause the vehicle to face in the opposite direction by driving it forward (a "U-turn").

8. Park the vehicle on its stand.

D. Behaviour in traffic

1. Observe (including the use of the rear-view mirrors) road alignment, markings, signs and potential or actual risks.

2. Communicate with other road users using the authorised means.

3. React appropriately in actual risk situations.

4. Comply with road traffic regulations and the instructions of the police, traffic wardens, etc.

5. Move off from the kerb or a parking space.

6. Drive with the vehicle correctly positioned on the road, adjusting speed to traffic conditions and the line of the road.

7. Keep the right distance between vehicles.

8. Change lanes.

9. Pass parked or stationary vehicles and obstacles.

10. Approach and cross junctions.

11. Turn right and left at junctions or to leave the carriage way.

12. Where the opportunity arises-

(a) Pass oncoming vehicles, including in confined spaces.

(b) Overtake in various situations.

(c) Approach and cross level-crossings.

E. Alighting from vehicle

Take all precautions necessary when alighting.

PART 2CATEGORY B

Test candidates must satisfy the examiner as to their ability to-

(i) carry out properly the activities, and

(ii) perform competently, without danger to and with due consideration for other road users, the manoeuvres

specified in paragraphs A to E below in accordance with those paragraphs.

A. Eyesight

Read in good daylight (with the aid of corrective lenses if worn) a registration mark fixed to a motor vehicle and containing letters and figures 79.4 millimetres high at a distance of 20.5 metres.

B. Preparation to drive

1. Adjust the seat as necessary to obtain a correct seating position.

2. Adjust rear view mirrors and seat belt.

3. Check that the doors are closed.

C. Technical control of the vehicle

1. Start the engine and move off smoothly (uphill and downhill as well as on the flat).

2. Accelerate to a suitable speed while maintaining a straight course, including during gear-changes.

3. Adjust speed to negotiate left or right turns at junctions, possibly in restricted spaces, while maintaining control of the vehicle.

4. Brake accurately to stop, if need be by performing an emergency stop.

5. Perform any two of the following manoeuvres-

(a) Reverse in a straight line and reverse right or left round a corner while keeping within the correct traffic lane.

(b) Turn the vehicle to face the opposite way, using forward and reverse gears.

(c) Park the vehicle and leave a parking space (parallel, oblique or right-angle) both forwards and in reverse, on the flat, uphill and downhill.

D. Behaviour in traffic

1. Observe (including the use of the rear-view mirrors) road alignment, markings, signs and potential or actual risks.

2. Communicate with other road users using the authorised means.

3. React appropriately in actual risk situations.

4. Comply with road traffic regulations and the instruction of the police, traffic wardens, etc.

5. Move off from the kerb and/or a parking space.

6. Drive with the vehicle correctly positioned on the road, adjusting speed to traffic conditions and the line of the road.

7. Keep the right distance between vehicles.

8. Change lanes.

9. Pass parked or stationary vehicles and obstacles.

10. Approach and cross junctions.

11. Turn right and left at junctions or to leave the carriageway.

12. Where the opportunity arises-

(a) Pass oncoming vehicles, including in confined spaces.

(b) Overtake in various situations.

(c) Approach and cross level-crossings.

E. Alighting from vehicle

Take all precautions necessary when alighting.

PART 3UNITARY TEST: CATAGORIES F, G, H, K, L AND N

1. Read in good daylight (with the aid of corrective lenses if worn) a registration mark fixed to a motor vehicle and containing letters and figures 79.4 millimetres high at a distance of-

(a) 12.3 metres, in the case of a unitary test conducted in respect of a vehicle included in category K;

(b) 20.5 metres in any other case.

2. Start the engine of the vehicle.

3. Move away straight ahead or at an angle.

4. Overtake, meet or cross the path of other vehicles and take an appropriate course.

5. Turn right-hand and left-hand corners correctly.

6. Stop the vehicle in an emergency and normally and, in the latter case, bring it to rest in an appropriate part of the road.

PART 4UNITARY TEST: CATEGORIES F, G AND L

1. Carry out manoeuvres involving the use of reverse gear (except in a case where the vehicle is not fitted with a means of reversing).

2. Indicate intended actions at appropriate times by giving appropriate signals in a clear and unmistakable manner.

In the case of a test taken on a vehicle with a left-hand drive or by a disabled person for whom it is impracticable or undesirable to give signals by arm, there shall be no requirement to give signals which cannot be given by mechanical means.

3. Act correctly and promptly on all signals given by traffic signs and traffic controllers and take appropriate action in relation to signs given by other road users.

PART 5UNITARY TEST: CATEGORY H

1. Indicate intended actions at appropriate times by giving appropriate signals in a clear and unmistakable manner.

In the case of a test taken on a vehicle with a left-hand drive or by a disabled person for whom it is impracticable or undesirable to give signals by arm, there shall be no requirement to give signals which cannot be given by mechanical means.

2. Act correctly and promptly on all signals given by traffic signs and traffic controllers and take appropriate action in relation to signs given by other road users.

3. Drive the vehicle backwards and cause it to face in the opposite direction by means of its tracks."

Regulation 10

SCHEDULE 4PROVISIONS SUBSTITUTED FOR SCHEDULE 6

Regulation 22

"SCHEDULE 5FORMS OF CERTIFICATE AND STATEMENT OF THEORY TEST RESULT

PART 1Certificate of passing a theory test

PART 2Statement of failure to pass a theory test.

Regulation 22A

SCHEDULE 6FORMS OF CERTIFICATE AND STATEMENT OF PRACTICAL AND UNITARY TEST RESULT

PART 1UNITARY TEST PASS OR PRACTICAL TEST PASS AFTER THEORY TEST PASS

PART 2UNITARY TEST OR PRACTICAL TEST FAILURE

PART 3PRACTICAL TEST PASS BEFORE THEORY TEST PASS

"

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Motor Vehicles (Driving Licences) Regulations 1987 by replacing the part relating to driving tests and making certain other incidental and minor amendments.

The principal changes made concern driving tests for vehicles in categories A (motor bicycles), B (motor cars and small goods vehicles) and P (mopeds) to give effect to the second Council Directive on driving licences, No. 91/439/EEC(18), as regards those categories of vehicle. The new tests are divided into two parts, a theory test and a practical test, the requirements for each part being specified. Other tests remain unchanged as unitary tests.

As regards tests, the Regulations make provision in particular for-

• persons to be appointed by the Secretary of State to conduct theory tests;

• a trainer booking facility for theory tests prescribed for categories A and P;

• mandatory presentation of licences at tests;

• the specification of vehicles to be provided for each type of test;

• the theory test to be passed before a practical test can be taken (subject to transitional arrangements);

• the issue of certificates and statements giving the results of tests;

• the fee for a theory test conducted by an appointed person to be £15.

The fees for practical and unitary tests (which were last increased in May 1995) remain unchanged.

The Regulations also make provision limiting the validity of a certificate of successful completion of a motor cycle basic training course to 3 years.

The Regulations come into force for the booking of tests on 1 June and for the tests themselves on 1 July 1996.