Statutory Instrument 1999 No. 2864

The Motor Vehicles (Driving Licences) Regulations 1999

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1999 No. 2864

ROAD TRAFFIC

The Motor Vehicles (Driving Licences) Regulations 1999

	Made	19th October 1999
	Laid before Parliament	21st October 1999
	Coming into force	12th November 1999

ARRANGEMENT OF REGULATIONS

PART I
Preliminary

1.	Citation and commencement

2.	Revocation and saving

3.	Interpretation

PART II
licencesCategories of entitlement

4.	Classification of vehicles

5.	Classes for which licences may be granted

6.	Competence to drive other classes of vehicle: general

7.	Competence to drive other classes of vehicle: special cases

8.	Competence to drive other classes of vehicle: dual purpose vehicles

Minimum ages for holding and obtaining licences

9.	Minimum ages for holding and obtaining licences

Applications for licences

10.	Applications for the grant of licences: general

11.	Eligibility to apply for provisional licence

12.	Restrictions on the grant of large goods and passenger-carrying vehicle driver's licences

13.	Restrictions on the grant of provisional licences to drive motor bicycles

14.	Fees for licences

Provisional licences

15.	Duration of provisional licences authorising the driving of motor bicycles

16.	Conditions attached to provisional licences

17.	Meaning of "qualified driver"

18.	Conditions attached to provisional licences: holders of driving permits other than licences granted under Part III of the Traffic Act

19.	Full licences not carrying provisional entitlement

Miscellaneous

20.	Signatures on licences

21.	Lost or defaced licences

PART III
tests of competence to drivePreliminary

22.	Interpretation of Part III

Appointment of persons to conduct tests

23.	Persons by whom theory tests may be conducted

24.	Persons by whom practical and unitary tests may be conducted

25.	Revocation of authority to conduct tests

Applications for tests

26.	Applicants for theory tests: applicants in person

27.	Applicants for theory tests: motor bicycle instructors

28.	Applicants for theory tests: large vehicle instructors

29.	Eligibility to apply for further theory test

30.	Fees for theory tests

31.	Applicants for practical and unitary tests: applicants in person

32.	Applications for practical tests: motor bicycle instructors

33.	Applications for practical tests: large vehicle instructors

34.	Eligibility to apply for further practical or unitary test

35.	Fees in respect of practical or unitary tests

36.	Cancellation of tests

Requirements at tests

37.	Test vehicles

38.	Further requirements at test

39.	Examiner's right to refuse to conduct test

Nature and conduct of test

40.	Nature of tests other than extended tests

41.	Nature of extended driving tests

42.	Exemption from theory test

Entitlements upon passing test

43.	Entitlement upon passing a test other than an appropriate driving test

44.	Entitlement upon passing a test other than an appropriate driving test: category A

45.	Upgrading of entitlements by virtue of passing second test

46.	Entitlement upon passing an appropriate driving test

Test results

47.	Evidence of result of theory test

48.	Evidence of result of practical or unitary test

PART IV
GOODS AND PASSENGER-CARRYING VEHICLESGeneral

49.	Part III of the Traffic Act: prescribed classes of goods and passenger-carrying vehicle

50.	Part IV of the Traffic Act: prescribed classes of goods and passenger-carrying vehicle

51.	Exempted goods and military vehicles

52.	Correspondences

53.	Part IV of the Traffic Act: dual purpose vehicles

Persons under the age of 21

54.	Large goods vehicle drivers' licences issued to persons under the age of 21: trainee drivers

Drivers' conduct

55.	Large goods vehicle drivers' licences and LGV Community licences: obligatory revocation or withdrawal and disqualification

56.	Holders of licences who are disqualified by order of a court

57.	Removal of disqualification

PART V
APPROVED TRAINING COURSES FOR RIDERS OF MOTOR BICYCLES AND MOPEDSApproved training courses

58.	Provision of approved training courses

59.	Nature and conduct of training courses

Instructors

60.	Certified instructors

61.	Persons authorised as assistant instructors

62.	Withdrawal of approval to provide training courses or to act as instructor

63.	Cessation of conduct of training

64.	Approved training courses conducted on large motor bicycles

65.	Certified direct access instructors

Miscellaneous

66.	Eligibility to undertake approved training course

67.	Ratio of trainees to instructors

68.	Evidence of successful completion of course

69.	Exemptions from Part V of Traffic Act

PART VI
DISABILITIES

70.	Licence groups

71.	Disabilities prescribed in respect of Group 1 and 2 licences

72.	Disabilities prescribed in respect of Group 1 licences

73.	Disabilities prescribed in respect of Group 2 licences

74.	Disabilities requiring medical investigation: High Risk Offenders

75.	Examination by an officer of the Secretary of State

PART VII
SUPPLEMENTARYTransitional provisions

76.	Effect of change in classification of vehicles for licensing purposes

77.	Saving in respect of entitlement to Group M

78.	Saving in respect of entitlement to former category N

79.	Saving in respect of entitlement to drive mobile project vehicles

Miscellaneous

80.	Persons who become resident in Great Britain

81.	Service personnel

82.	Northern Ireland licences

83.	Statement of date of birth

SCHEDULES

1.

Regulations revoked

2.

Categories and sub-categories of vehicle for licensing purposes

3.

Licence fees

4.

Distinguishing marks to be displayed on a vehicle being driven under a provisional licence

5.

Fees for practical and unitary tests

6.

Evidence of identity of test candidates

7.

Specified matters for theory test

8.

Specified requirements for practical or unitary test

9.

Upgraded entitlements on passing second test etc

10.

Forms of certificate and statement of theory test result

11.

Forms of certificate and statement of practical and unitary test result

12.

Elements of an approved training course

13.

Approved motor bicycle training courses: forms of certificate

The Secretary of State for the Environment, Transport and the Regions, in exercise of the powers conferred by the following sections of the Road Traffic Act 1988[1], namely sections 88(5) and (6)[2], 89(1A), (2A), (3), (4), (5), (5A), (6), (7), (9) and (10)[3], 89A(3) and (5)[4], 91, 92(2) and (4)[5], 94(4) and (5)[6], 97(1), (1A), (3), (3A), (3B) and (4)[7], 98(2) and (4)[8], 99(1) and (1A)[9], 99A(3), (4) and (6)[10], 101(2) and (3), 105(1), (2), (3) and (4)[11], 108(1)[12], 114(1)[13], 115(1) and (3)[14], 115A(1)[15], 117(2A)[16], 118(4), 120, 121[17], 122[18], 164(2)[19], 183(6)[20] and 192(1)[21], after consulting with representative organisations in accordance with section 195(2) of the Road Traffic Act 1988 and, in the case of regulations 14, 30 and 35, with the approval of the Treasury[22], hereby makes the following Regulations:



PART I
PRELIMINARY
Citation and commencement
    1.These Regulations may be cited as the Motor Vehicles (Driving Licences) Regulations 1999 and shall come into force on 12th November 1999.

Revocation and saving
    2. - (1) The regulations specified in Schedule 1 are hereby revoked.

    (2) Subject to otherwise herein provided, and without prejudice to the operation of sections 16 and 17 of the Interpretation Act 1978[23], the revocation of those regulations shall not affect the validity of any application or appointment made, notice or approval given, licence, certificate or other document granted or issued or other thing done thereunder and any reference in such application, appointment, notice, approval, licence, certificate or other document or thing to a provision of any regulation hereby revoked, whether specifically or by means of a general description, shall, unless the context otherwise requires, be construed as a reference to the corresponding provision of these Regulations.

Interpretation
    3. - (1) In these Regulations, unless the context otherwise requires, the following expressions have the following meanings - 

"1981 Act" means the Public Passenger Vehicles Act 1981[24];

"1985 Act" means the Transport Act 1985[25];

"ambulance" means a motor vehicle which - 

(a) is constructed or adapted for, and used for no other purpose than, the carriage of sick, injured or disabled people to or from welfare centres or places where medical or dental treatment is given, and

(b) is readily identifiable as such a vehicle by being marked "Ambulance" on both sides;

"appropriate driving test" and "extended driving test" have the same meanings respectively as in section 36 of the Offenders Act[26];

"Construction and Use Regulations" means the Road Vehicles (Construction and Use) Regulations 1986[27];

"controlled by a pedestrian" in relation to a vehicle means that the vehicle either - 

(a) is constructed or adapted for use under such control; or

(b) 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 eight persons in addition to the driver;

"exempted goods vehicle" and "exempted military vehicle" have the meanings respectively given in regulation 51;

"extended driving test" means a test of a kind prescribed by regulation 41;

"full", in relation to a licence of any nature, means a licence granted otherwise than as a provisional licence;

"Group 1 licence" and "Group 2 licence" have the meanings respectively given in regulation 70;

"incomplete large vehicle" means - 

(a) 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

(b) a vehicle which would be an articulated goods vehicle but for the absence of a fifth-wheel coupling,

and which is not drawing a trailer;

"large motor bicycle" means - 

(a) in the case of a motor bicycle without a side-car, a bicycle the engine of which has a maximum net power output exceeding 25 kilowatts or which has a power to weight ratio exceeding 0.16 kilowatts per kilogram, or

(b) in the case of a motor bicycle and side-car combination, a combination having a power to weight ratio exceeding 0.16 kilowatts per kilogram;

"LGV trainee driver's licence" has the meaning given in regulation 54;

"maximum authorised mass" - 

(a) in relation to a goods vehicle, has the same meaning as "permissible maximum weight" in section 108(1) of the Traffic Act,

(b) in relation to an incomplete large vehicle, means its working weight, and

(c) in relation to any other motor vehicle or trailer, has the same meaning as "maximum gross weight" in regulation 3(2) of the Construction and Use Regulations;

"maximum 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 section 97 of the Traffic Act;

"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 eight persons in addition to the driver and carries principally goods or burden consisting of - 

(a) play or educational equipment and articles required in connection with the use of such equipment, or

(b) articles required for the purposes of display or of an exhibition,

and the primary purpose of which is use as a recreational, educational or instructional facility when stationary;

"Northern Ireland test" means a test of competence to drive conducted under the law of Northern Ireland;

"Offenders Act" means the Road Traffic Offenders Act 1988[28];

"passenger-carrying vehicle recovery vehicle" means a vehicle (other than an articulated goods vehicle combination as defined in section 108(1) of the Traffic Act) which - 

(a) has an unladen weight not exceeding 10.2 tonnes,

(b) is being operated by the holder of a PSV operator's licence, and

(c) is being used for the purpose of - 


(i) 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

(ii) giving assistance to or moving a disabled passenger-carrying vehicle or moving a damaged vehicle;

"penalty points" means penalty points attributed to an offence under section 28 of the Offenders Act;

"power to weight ratio", in relation to a motor bicycle, means the ratio of the maximum net power output of the engine of the vehicle to its weight (including the weight of any side-car) with - 

(a) a full supply of fuel in the tank,

(b) an adequate supply of other liquids needed for its propulsion, and

(c) no load other than its normal equipment, including loose tools;

"practical test" means a practical test of driving skills and behaviour or, where a test is by virtue of these Regulations required to be conducted in two parts, the part of it which consists of that test and includes such a test conducted as part of an extended driving test;

"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;

"PSV operator's licence" has the meaning given by section 82(1) of the 1981 Act;

"standard access period" has the meaning given by regulation 22;

"standard motor bicycle" means a motor bicycle which is not a large motor bicycle;

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

"test pass certificate" means a certificate in the form specified in regulation 48(1)(a);

"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;

"theory test pass certificate" means a certificate in the form specified in regulation 47(2)(a);

"Traffic Act" means the Road Traffic Act 1988;

"traffic commissioner" means, in relation to an applicant for or the holder of a licence, the traffic commissioner in whose area the applicant or holder resides;

"unitary test" means a test which, by virtue of these Regulations, is to consist of a single test of both practical driving skills and behaviour and knowledge of the Highway Code and other matters and includes such a test conducted as an extended driving test;

"unladen weight" has the same meaning as in regulation 3(2) of the Construction and Use Regulations and, in the case of a road roller, includes the weight of any object for the time being attached to the vehicle, being an object specially designed to be so attached for the purpose of temporarily increasing the vehicle's weight;

"vehicle with automatic transmission" means a class of vehicle in which either - 

(a) 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

(b) he is provided with such means but they do not include a clutch pedal or lever which he may operate manually,

(and accordingly a vehicle with manual transmission is any other class of vehicle);

"working weight" means the weight of a vehicle in working condition on a road but exclusive of the weight of any liquid coolant and fuel used for its propulsion.

    (2) In these Regulations, unless the context otherwise requires - 

(a) a reference to a licence being in force is a reference to it being in force in accordance with section 99 of the Traffic Act, save that for the purpose of these Regulations a licence shall remain in force notwithstanding that it is - 


(i) surrendered to the Secretary of State or is revoked otherwise than by notice under section 93(1) or (2) of the Traffic Act (revocation because of disability or prospective disability), or

(ii) treated as revoked by virtue of section 37(1) of the Offenders Act, 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 (and "expired" shall be construed accordingly).

    (3) Except where otherwise expressly provided, any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation or Schedule bearing that number in these Regulations, and any reference to a numbered paragraph (otherwise than as part of a reference to a numbered regulation) is a reference to the paragraph bearing that number in the regulation or Schedule in which the reference occurs.

    (4) Where a statement or certificate (but not a distinguishing mark specified in regulation 16) is required under these Regulations to be in a form prescribed herein, the reference is to 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.

    (5) For the purposes of section 97(3)(d) of the Traffic Act and these Regulations the date of first use of a motor bicycle means - 

(a) except in a case to which paragraph (b) applies, the date on which it was first registered under the Roads Act 1920, the Vehicles (Excise) Act 1949[29], the Vehicles (Excise) Act 1962[30] or the Vehicles (Excise) Act 1971[31];

(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 16 of the Vehicles (Excise) Act 1971, 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 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 the Visiting Forces and International Headquarters (Application of Law) Order 1965[32] applied,

(iv) where the bicycle had been used on roads outside Great Britain and was imported into Great Britain, or

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



the date of manufacture of the bicycle.

    (6) In paragraph (5)(b)(v) "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
    4. - (1) Subject to regulations 5 and 78, the Secretary of State 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 2 and those categories and sub-categories are designated as groups for the purposes of section 89(1)(b) of the Traffic Act.

    (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 any combination of letters, numbers and words is a reference to the category or sub-category defined in column (2) of Schedule 2 opposite that letter or combination in column (1) of the Schedule,

(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 2, 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
    5. - (1) A licence authorising the driving of motor vehicles of a class included in a category or sub-category shown in Part 1 of Schedule 2 may be granted to a person who is entitled thereto by virtue of - 

(a) holding or having held a full licence, a full Northern Ireland 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 for a licence authorising the driving of motor vehicles of that class or a Northern Ireland 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 shown in Part 2 of Schedule 2 may not be granted to a person unless, at a time before 1st January 1997 - 

(a) in the case of a person applying for a full licence, - 


(i) he held a full licence authorising the driving of motor vehicles of that class or a class which by virtue of these Regulations corresponds to a class included in that category or sub-category, or

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



(b) in the case of a person applying for a provisional licence, he held a provisional licence authorising the driving of vehicles of that class or a class which by virtue of these Regulations corresponds to a class included in that category or sub-category.

    (3) A licence authorising the driving of motor vehicles included in sub-category B1 (invalid carriages), which are specified in Part 3 of Schedule 2, may not be granted to a person unless, at a time before 12th November 1999 - 

(a) in the case of a person applying for a full licence, he held a full licence authorising the driving of motor vehicles included in sub-category B1 (invalid carriages) or a class of motor vehicles which by virtue of these Regulations corresponds to vehicles included in that sub-category, or

(b) in the case of a person applying for a provisional licence, he held a provisional licence authorising the driving of motor vehicles included in sub-category B1 (invalid carriages) or a class of motor vehicles which by virtue of these Regulations corresponds to vehicles included in that sub-category.

Competence to drive classes of vehicle: general
    6. - (1) Where a person holds, or has held, a relevant full licence authorising him to drive vehicles 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, or

(ii) 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 2 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, subject to paragraph (2), be deemed competent to drive only such classes of motor vehicle included in the additional category or sub-category as have automatic transmission, or

(ii) 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) Where the additional category is F, K or P, paragraph (1)(b)(i) shall not apply.

    (3) In this regulation and regulations 7 and 8, "relevant full licence" means a full licence granted under Part III of the Traffic Act, a full Northern Ireland licence or a Community licence.

Competence to drive classes of vehicle: special cases
    7. - (1) A person who has held, for a period of at least two years, a relevant full licence authorising the driving of vehicles included in category C, other than vehicles included in sub-category C1, may also drive a motor vehicle of a class included in category D which is - 

(a) damaged or defective and being driven to a place of repair or being road tested following repair, and

(b) is not used for the carriage of any person who is not connected with its repair or road testing,

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 of the vehicles mentioned in sub-paragraphs (a) and (b) as have automatic transmission.

    (2) A person who holds a relevant full licence authorising the driving of vehicles included in category D, other than vehicles included in sub-category D1 or D1 (not for hire or reward), may drive a passenger-carrying vehicle recovery vehicle 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 passenger-carrying vehicle recovery vehicles having automatic transmission.

    (3) A person may drive an incomplete large vehicle - 

(a) having a working weight exceeding 3.5 tonnes but not exceeding 7.5 tonnes if he holds a relevant full licence authorising the driving of vehicles in sub-category C1, or

(b) having a working weight exceeding 7.5 tonnes if he holds a relevant full licence authorising the driving of vehicles in category C, other than vehicles in sub-category C1,

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 incomplete large vehicles of the appropriate weight specified in paragraph (a) or (b) which have automatic transmission.

    (4) A person who holds a relevant full licence authorising the driving of vehicles included in category B, other than vehicles in sub-categories B1 and B1 (invalid carriages), may drive - 

(a) an exempted goods vehicle other than - 


(i) a passenger-carrying vehicle recovery vehicle, or

(ii) a mobile project vehicle,



(b) an exempted military vehicle, and

(c) a passenger-carrying vehicle in respect of which the conditions specified in regulation 50(2) or (3) are satisfied,

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 of the vehicles mentioned in sub-paragraphs (a), (b) and (c) as have automatic transmission.

    (5) A person who - 

(a) holds a relevant full licence authorising the driving of vehicles of a class included in category B, other than vehicles in sub-categories B1 or B1 (invalid carriages),

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

(c) is aged 21 or over,

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, or

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

(iii) in such circumstances that by virtue of paragaph 22 of Schedule 2 to the Vehicle Excise and Registration Act 1994[33] the vehicle is not chargeable with duty in respect of its use on public roads,



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 mobile project vehicles having automatic transmission.

    (6) A person who - 

(a) holds a relevant full licence authorising the driving of vehicles of a class included in category B, other than vehicles in sub-categories B1 or B1 (invalid carriages),

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

(c) is aged 21 or over,

(d) if he is aged 70 or over, is not suffering from a relevant disability in respect of which the Secretary of State would be bound to refuse to grant him a Group 2 licence, and

(e) receives no 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 such a person is by that licence authorised to drive only vehicles having automatic transmission, in which case he shall be deemed competent to drive only such vehicles in sub-category D1 as conform to the above specification and have automatic transmission.

    (7) A person who holds a relevant full licence authorising the driving of vehicles of a class included in category B, other than vehicles in sub-categories 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 likely to represent a road safety hazard or obstruction to other road users,

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

(c) he receives no consideration for driving the 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, in the circumstances mentioned above, only vehicles included in category B+E having automatic transmission.

Competence to drive classes of vehicle: dual purpose vehicles
    8. - (1) Subject to paragraph (2), a person who is a member of the armed forces of the Crown may drive a dual purpose vehicle when it is being used to carry passengers for naval, military or air force purposes - 

(a) where the vehicle has a maximum authorised mass not exceeding 3.5 tonnes, if he holds a relevant full licence authorising the driving of vehicles included in category B other than vehicles in sub-categories B1 or B1 (invalid carriages),

(b) where the vehicle has a maximum authorised mass exceeding 3.5 tonnes but not exceeding 7.5 tonnes, if he holds a relevant full licence authorising the driving of vehicles included in sub-category C1,

(c) in any other case, if he holds a relevant full licence authorising the driving of vehicles included in category C other than vehicles in sub-category C1.

    (2) Where the person is authorised by his licence to drive only motor vehicles included in the relevant category or sub-category having automatic transmission, he may drive only dual purpose vehicles having automatic transmission.

Minimum ages for holding or obtaining licences
Minimum ages for holding or obtaining licences
    9. - (1) Subsection (1) of section 101 of the Traffic Act shall have effect as if for the classes of vehicle and the ages specified in the Table in that subsection there were substituted classes of vehicle and ages in accordance with the following provisions of this regulation.

    (2) In item 3 (motor bicycles), the age of 21 is substituted for the age of 17 in a case where the motor bicycle is a large motor bicycle except in the following cases, namely - 

(a) a case where a person has passed a test on or after 1st January 1997 for a licence authorising the driving of a motor vehicle of a class included in category A, other than sub-category A1, and the standard access period has elapsed,

(b) a case where the large motor bicycle - 


(i) is owned or operated by the Secretary of State for Defence, or

(ii) is being driven by a person for the time being subject to the orders of a member of the armed forces of the Crown



and is being used for naval, military or air force purposes, and

(c) a case where a person holds a licence authorising the driving of a large motor bicycle by virtue of having passed a test before 1st January 1997.

    (3) 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, and

(c) is driven either - 


(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,



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, or is proceeding to, taking or returning from, such a test.

    (4) In item 5 (small vehicles), the age of 16 is substituted for the age of 17 in the case of a small vehicle driven without a trailer attached where the driver of the vehicle is a person in respect of whom an award of the higher rate component of the disability living allowance made in pursuance of section 73 of the Social Security Contributions and Benefits Act 1992[34] (whether before or after his 16th birthday) is still in force.

    (5) 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.

    (6) 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 driving a vehicle of a class included in sub-category D1 which is an ambulance and which is owned or operated by - 

(a) a health service body (as defined in section 60(7) of the National Health Service and Community Care Act 1990[35]), or

(b) a National Health Service Trust established under Part I of that Act or under the National Health Service (Scotland) Act 1978[36].

    (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 registered as an employee of a registered employer in accordance with the Training Scheme, where he is driving a vehicle which is - 

(a) of a class to which his training agreement applies, and

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

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

(a) in the case of a person who holds a provisional licence, and

(b) in the case of a person who holds a full passenger-carrying vehicle driver's licence, where he is driving a vehicle which is operated under a PSV operator's licence, a permit granted under section 19 of the 1985 Act or a community bus permit granted under section 22 of that Act and he is either - 


(i) not engaged in the carriage of passengers, or

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

(iii) is driving a vehicle of a class included in sub-category D1.

    (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 operated by the Secretary of State for Defence, or

(b) motor vehicles driven by persons for the time being subject to the orders of a member of the armed forces of the Crown,

when they are being used for naval, military or air force purposes.

    (11) In item 7, in the case of an incomplete large vehicle - 

(a) which has a working weight not exceeding 3.5 tonnes, the age of 17 is substituted for the age of 21;

(b) which has a working weight exceeding 3.5 tonnes but not exceeding 7.5 tonnes, the age of 18 is substituted for the age of 21.

    (12) In item 7, the age of 17 is substituted for the age of 21 in the case of a road roller which - 

(a) is propelled otherwise than by steam,

(b) has no wheel fitted with pneumatic, soft or elastic tyres,

(c) has an unladen weight not exceeding 11.69 tonnes, and

(d) is not constructed or adapted for the conveyance of a load other than the following things, namely water, fuel or accumulators used for the purpose of the supply of power to or propulsion of the vehicle, loose tools and objects specially designed to be attached to the vehicle for the purpose of temporarily increasing its weight.

    (13) In this regulation - 

(a) for the purposes of paragraph (3) - 


(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,

(ii) "closed-coupled", in relation to wheels on the same side of a trailer, means fitted so 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) for the purposes of paragraph (8), "registered", "training agreement" and "the Training Scheme" have the meanings respectively given in regulation 54;

(c) in paragraph (9), expressions used which are also used in Council Regulation 3820/85/EEC[37] have the same meanings as in that Regulation.



Applications for licences

Applications for the grant of licences: general
    10. - (1) The Secretary of State 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 him - 

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

(b) in any other case, during the period of two 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 subsection (1A)(b) of section 89 of the Traffic Act the holder of an exchangeable licence satisfies the relevant residence requirement if he has been normally resident in Great Britain 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 Secretary of State that he has passed a test shall at the time when he applies for the licence deliver to the Secretary of State - 

(a) a valid test pass certificate, or

(b) a certificate corresponding to that certificate furnished under the law of Northern Ireland or Gibraltar.

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

(a) a test or a theory test, or

(b) a test corresponding to any of those tests conducted under the law of Northern Ireland or the law of Gibraltar,

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 Traffic Act or these Regulations or a corresponding provision of the law of Northern Ireland or the law of Gibraltar, to take the test to which the certificate relates.

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

Eligibility to apply for provisional licence
    11. - (1) Subject to the following provisions of this regulation, 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 at the end of this regulation must hold a relevant full licence authorising the driving of motor vehicles of a class included in the category or sub-category specified in column (2) of the table 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 III of the Traffic Act, a full Northern Ireland licence, a full British external licence (other than a licence which is to be disregarded for the purposes of section 89(1)(d) of the Traffic Act by virtue of section 89(2)(c) of that Act[38]), a full British Forces licence, an exchangeable licence or a Community licence.


TABLE

(1)	(2)
Category or sub-category of licence applied for	Category/sub-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
    12. - (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) Northern Ireland large goods or passenger-carrying vehicle driver's licence held by him is suspended,

under section 115 of the Traffic Act or, as the case may be, under the provision of the law for the time being in force in Northern Ireland corresponding to that enactment.

    (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 54), and

(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 as a result of which at least one penalty point falls to be taken into account under section 29 of the Offenders Act, or

(ii) has at any time been disqualified by a court for holding or obtaining a licence or by a court in Northern Ireland for holding or obtaining a Northern Ireland licence, and



(c) must satisfy the Secretary of State 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[39].

    (4) An applicant for a large goods vehicle driver's licence who is a member of the armed forces and is under the age of 21 must not be a person who has - 

(a) been convicted (or is, by virtue of section 58 of the Offenders Act[40], to be treated as if he had been convicted) of an offence as a result of which at least one penalty point falls to be taken into account under section 29 of the Offenders Act[41], or

(b) at any time been disqualified by a court for holding or obtaining a licence or by a court in Northern Ireland for holding or obtaining a Northern Ireland licence.

Restrictions on the grant of provisional licences to drive motor bicycles
    13. - (1) Subject to paragraphs (2) to (4), the Secretary of State must refuse to grant a provisional licence authorising the driving of a motor bicycle of any class to a person who was the holder of a previous licence if the licence applied for would come into force within the period of one year beginning on the day after the expiration of the period for which the previous licence authorised (or would, if not surrendered or revoked, have authorised) the riding of a motor bicycle.

    (2) In a case where the applicant's previous licence was surrendered or revoked under subsection (3) or (4) of section 99 of the Traffic Act before its expiry date, paragaph (1) shall not apply.

    (3) In a case where - 

(a) the applicant's previous licence was surrendered or revoked, otherwise than under subsection (3) or (4) of section 99 of the Traffic Act, or treated as being revoked under section 37(1) of the Offenders Act, and

(b) the circumstances mentioned in regulation 15(2)(b) and (c) apply (so that the Secretary of State is required to grant a licence which would be in force for a period of less than two years),

the Secretary of State must refuse to grant a provisional licence which would come into force within the period of two months commencing on the date of such surrender or revocation.

    (4) In a case where - 

(a) the applicant's previous licence was surrendered or revoked, otherwise than under subsection (3) or (4) of section 99 of the Traffic Act, or treated as being revoked under section 37(1) of the Offenders Act, and

(b) the circumstances mentioned in regulation 15(2)(b) and (c) do not apply,

the Secretary of State must refuse to grant a provisional licence which would come into force within the period of one year commencing on the date of such surrender or revocation.

Fees for licences
    14. - (1) An applicant for a licence shall pay a fee (if any) determined in accordance with paragraphs (2) and (3).

    (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 3, be the fee specified in relation to that licence in column (2) of that table.

    (3) When an application is made for a licence which, but for this paragraph, would attract more than one fee, only one fee shall be paid and where the fees are different, that fee shall be the higher or the highest of them.

Provisional licences
Duration of provisional licences authorising the driving of motor bicycles
    15. - (1) Subject to paragraph (2), there is prescribed for the purposes of section 99(2) of the Traffic Act - 

(a) a motor bicycle of any class, and

(b) a period of two years.

    (2) There are prescribed for the purposes of section 99(2)(b)(ii) of that Act the circumstances that - 

(a) the previous licence was surrendered or revoked, otherwise than under subsection (3) or (4) of section 99 of the Traffic Act, or treated as being revoked under section 37(1) of the Offenders Act,

(b) if it has not been so surrendered or revoked, a period of at least one month, commencing on the date of surrender or revocation, would have elapsed before the previous licence would have expired, and

(c) the licence when granted would come into force within the period of one year beginning on the date of surrender or revocation of the previous licence.

Conditions attached to provisional licences
    16. - (1) A provisional licence of any class is granted subject to the conditions prescribed in relation to a licence of that class in the following paragraphs.

    (2) Subject to the following paragraphs, the holder of a provisional licence shall not drive a vehicle of a class which he is authorised to drive by virtue of that licence - 

(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 4 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

(c) while it is being used to draw a trailer.

    (3) The condition specified in paragraph (2)(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, H or K 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; or

(c) is driving a motor vehicle, other than a vehicle of a class included in category C, C+E, D or D+E, on a road in an exempted island.

    (4) The condition specified in paragraph (2)(b) shall not apply - 

(a) when the holder of the provisional licence is driving a motor vehicle on a road in Wales, and

(b) a distinguishing mark in the form set out in Part 2 of Schedule 4 is displayed on the motor vehicle in the manner described in paragraph (2)(b).

    (5) The condition specified in paragraph (2)(c) shall not apply to the holder of a provisional licence authorising the driving of a vehicle of a class included in category B+E, C+E, D+E or F, in relation to motor vehicles of that class.

    (6) 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.

    (7) The holder of a provisional licence authorising the driving of a motor bicycle other than a learner motor bicycle shall not drive such a vehicle otherwise than under the supervision of a certified direct access instructor (within the meaning of regulation 64(2)) who is - 

(a) present with him on the road while riding another motor bicycle,

(b) able to communicate with him by means of a radio which is not hand-held while in operation,

(c) supervising only that person or only that person and another person who holds such a provisional licence, and

(d) carrying a valid certificate issued in respect of him by the Secretary of State under regulation 65(4),

while he and the instructor are wearing apparel which is fluorescent or (during hours of darkness) is either fluorescent or luminous.

    (8) 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 (2)(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.

    (9) The conditions specified in paragraphs (2)(a), (7) and (8) shall not apply when the holder of the provisional licence is undergoing a test.

    (10) The conditions specified in paragraphs (2), (6), (7) and (8) 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 valid test pass certificate stating that he has passed a test for the grant of a licence authorising him to drive vehicles of that class.

    (11) The condition specified in paragraph (7)(b) shall not apply in the case of a provisional licence holder who is unable, by reason of impaired hearing, to receive directions from the supervising instructor by radio where the licence holder and the instructor are employing a satisfactory means of communication which they have agreed before the start of the journey.

    (12) In the case of an LGV trainee driver's licence issued as a provisional licence, this regulation shall apply as modified by regulation 54.

    (13) In this regulation - 

(a) "exempted island" means any island outside the mainland of Great Britain from which motor vehicles, unless constructed or adapted specially for that purpose, cannot at any time be conveniently driven to a road in any other part of Great Britain by reason of the absence of any bridge, tunnel, ford or other way suitable for the passage of such motor vehicles but excluding any of the following islands, namely, the Isle of Wight, St. Mary's (Isles of Scilly), the islands of Arran, Barra, Bute, Great Cumbrae, Islay, the island which comprises Lewis and Harris, Mainland Orkney, Mainland Shetland, Mull, the island which comprises North Uist, Benbecula and South Uist and Tiree;

(b) "provisional licence", in relation to a class of vehicles, includes a full licence which is treated, by virtue of section 98 of the Traffic Act, as authorising its holder to drive vehicles of that class as if he held a provisional licence therefor;

(c) "qualified driver" shall be interpreted in accordance with regulation 17.

Meaning of "qualified driver"
    17. - (1) Subject to paragraph (2), a person is a qualified driver for the purposes of regulation 16 if he - 

(a) is 21 years of age or over,

(b) holds a relevant licence,

(c) has the relevant driving experience, and

(d) in the case of a disabled driver, he is supervising a provisional licence holder who is driving a vehicle of a class included in category B and would in an emergency be able to take control of the steering and braking functions of the vehicle in which he is a passenger.

    (2) In the case of a person who is a member of the armed forces of the Crown acting in the course of his duties for naval, military or air force purposes sub-paragraphs (a) and (c) of paragraph (1) shall not apply.

    (3) For the purposes of this regulation - 

(a) "disabled driver" means a person who holds a relevant licence which is limited by virtue of a declaration made with his application for the licence or a notice served under section 92(5)(b) of the Traffic Act to vehicles of a particular class;

(b) "full licence" includes a full Northern Ireland licence and a Community licence;

(c) "relevant licence" means - 


(i) in the case of a disabled driver, a full licence authorising the driving of a class of vehicles in category B other than vehicles in sub-category B1 or B1 (invalid carriages), and

(ii) in any other case, a full licence authorising the driving of vehicles of the same class as the vehicle being driven by the provisional licence holder;



(d) a person has relevant driving experience if he satisfies either of the following requirements - 



(i) he has held the relevant licence for a continuous period of not less than 3 years or for periods amounting in aggregate to not less than 3 years, or

(ii) he is supervising a provisional licence holder driving a vehicle in category C, D, C+E or D+E, held the relevant licence on 6th April 1998, has held it continuously since that date and has held a full licence authorising the driving of vehicles in category B for a continuous period of not less than 3 years or for periods amounting in aggregate to not less than 3 years; and



(e) for the purposes of sub-paragraph (d)(ii) a person shall be regarded as holding a relevant licence during any period in which he holds a provisional licence and a valid test pass certificate entitling him to a full licence authorising the driving of vehicles of the same class as the vehicle being driven by the provisional licence holder.

Conditions attached to provisional licences: holders of driving permits other than licences granted under Part III of the Traffic Act
    18.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 80, as the holder, for the purposes of section 87 of the Traffic Act, of a licence authorising the driving of vehicles of that class, or

(b) entitled, pursuant to article 2(1) of the Motor Vehicles (International Circulation) Order 1975[42], to drive motor vehicles of that class,

need not comply with regulation 16 at that time.

Full licences not carrying provisional entitlement
    19. - (1) The application of sections 98(2) and 99A(5) of the Traffic Act is limited or excluded in accordance with the following paragraphs.

    (2) Subject to paragraphs (3), (4), (5), (6), (11) and (12), the holder of a full licence which authorises the driving of motor vehicles of a class included in a category or sub-category specified in column (1) of the table at the end of this regulation may drive motor vehicles - 

(a) of other classes included in that category or sub-category, and

(b) of a class included in each 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.

    (3) Section 98(2) shall not apply to a full licence if it 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 section 92(5)(b) of the Traffic Act.

    (4) In the case of a full licence which authorises the driving of a class of standard motor bicycles, other than bicycles included in sub-category A1, section 98(2) shall not apply so as to authorise the driving of a large motor bicycle by a person under the age of 21 before the expiration of the standard access period.

    (5) In the case of a full licence which authorises the driving of motor bicycles of a class included in sub-category A1 section 98(2) shall not apply so as to authorise the driving of a large motor bicycle by a person under the age of 21.

    (6) In the case of a full licence which authorises the driving of a class of vehicles included in category C or C+E, paragraph (2) applies subject to the provisions of regulation 54.

    (7) Subject to paragraphs (8), (9), (10), (11) and (12), the holder of a Community licence to whom section 99A(5) of the Traffic Act applies and who is authorised to drive in Great Britain motor vehicles of a class included in a category or sub-category specified in column (1) of the Table at the end of this regulation may drive motor vehicles - 

(a) of other classes included in that category or sub-category, and

(b) of a class included in each 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.

    (8) Section 99A(5) shall not apply to a Community licence if it authorises the driving only of motor vehicles adapted on account of a disability.

    (9) In the case of a Community licence which authorises the driving of a class of standard motor bicycle other than bicycles included in sub-category A1, section 99A(5) shall not apply so as to authorise the driving of a large motor bicycle by a person under the age of 21 before the expiration of the period of two years commencing on the date when that person passed a test for a licence authorising the driving of that class of standard motor bicycle (and in calculating the expiration of that period, any period during which that person has been disqualified for holding or obtaining a licence shall be disregarded).

    (10) In the case of a Community licence which authorises the driving only of motor bicycles of a class included in sub-category A1 section 98(2) shall not apply so as to authorise the driving of a large motor bicycle by a person under the age of 21.

    (11) Except to the extent provided in paragraph (12), section 98(2) shall not apply to a full licence, and section 99A(5) shall not apply to a Community licence, in so far as it authorises its holder to drive motor vehicles of any class included in category B+E, C+E, D+E or K or in sub-category B1 (invalid carriages), C1 or D1 (not for hire or reward).

    (12) A person - 

(a) who holds a full licence authorising the driving only of those classes of vehicle included in a category or sub-category specified in paragraph (11) which have automatic transmission (and are not otherwise adapted on account of a disability), or

(b) who holds a Community licence, to whom section 99A(5) of the Traffic Act applies and who is authorised to drive in Great Britain only those classes of vehicle included in a category or sub-category specified in paragraph (11) which have automatic transmission (and are not otherwise adapted on account of a disability),

may drive motor vehicles of all other classes included in that category or sub-category which have manual transmission as if he were authorised by a provisional licence to do so.


TABLE

(1) Full licence held	(2) 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
P	A, B, F and K

Miscellaneous
Signatures on licences
    20.In order that a licence may show the usual form of signature of its holder - 

(a) where the Secretary of State so requires, a person applying for a licence shall provide the Secretary of State with a specimen of his signature which can be electronically recorded and reproduced on the licence;

(b) where no such requirement is made, a person to whom a licence is granted shall forthwith sign it in ink in the space provided.

Lost or defaced licences
    21. - (1) If the holder of a licence - 

(a) satisfies the Secretary of State 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 14,

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

    (2) If at any time while a duplicate 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 Secretary of State, or 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 to the Secretary of State.

    (3) The obligation in paragaph (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
    22.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 Secretary of State to conduct theory tests under paragraph (1)(a)(ii) or (2)(a) of regulation 23;

"DSA examiner" means a person appointed by the Secretary of State to conduct practical or unitary tests under paragraph (1)(a) or (2)(a) of regulation 24;

"large vehicle instructor" means a person operating an establishment for providing instruction in the driving of vehicles included in category B+E, C, C+E, D or D+E, including an establishment which provides tuition to prepare persons for the theory test;

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

"standard access period" means the period of two years commencing on the date when a person passes a test for a licence authorising the driving of standard motor bicycles of any class, other than a class included in the sub-category A1, but disregarding - 

(a) any period during which the person is disqualified under section 34[43] or 35[44] of the Offenders Act,

(b) in a case where the person has been disqualified under section 36 of the Offenders Act[45], the period beginning on the date of the court order under subsection (1) of that section and ending on the date when the disqualification is deemed by virtue of that section to have expired in relation to standard motor bicycles of that class,

(c) in a case where the Secretary of State has revoked the person's licence or test pass certificate under section 3(2) of, or Schedule 1 to, the Road Traffic (New Drivers) Act 1995[46], the period beginning on the date of the notice of revocation under that Act and ending on the date when the person passes the relevant driving test within the meaning of that Act, and

(d) any period during which the licence has ceased to be in force;

"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[47]).

Appointment of persons to conduct tests
Persons by whom theory tests may be conducted
    23. - (1) A theory test other than a test conducted in the circumstances specified in paragraph (2) may be conducted by - 

(a) a person appointed in writing by the Secretary of State - 


(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) a person who, or a member of a class of persons which, has been appointed by 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) a person appointed by a chief officer of police, for the purpose of testing - 



(i) members of the police force of which he is the chief officer and persons employed by the police authority for the same police area for the purpose of assisting that force, and,

(ii) members of another police force and persons employed by a police authority for another police area for the purpose of assisting that force;



(d) in England and Wales, a person appointed by the chief officer of any fire brigade maintained in pursuance of the Fire Services Act 1947[48] or, in Scotland, by the firemaster of such a brigade, for the purpose of testing members of the brigade of which he is the chief officer or of persons employed in the driving of motor vehicles for the purposes of any such brigade;

(e) an eligible person appointed by a company which - 



(i) has been approved by the Secretary of State, and

(ii) is the holder of a PSV operator's licence,



for the purpose of conducting, in respect of eligible candidates, theory tests in respect of any class of passenger-carrying vehicles.

    (2) Where the person submitting himself for a test is disqualified until he passes the appropriate driving test, a theory test shall be conducted by - 

(a) a person appointed by the Secretary of State for the purpose;

(b) a person who, or a member of a class of persons which, has been appointed by 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.

    (3) No person shall be eligible to appoint any person or class of persons to conduct theory tests under the provisions of sub-paragraphs (b), (c), (d) or (e) of paragraph (1) or under paragraph (2)(b) unless, following an application made to him for the purpose of any of those sub-paragraphs, the Secretary of State is satisfied that - 

(a) proper arrangements will be made by the applicant, 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 his approval in writing, subject to such conditions as he thinks fit to impose.

    (4) In the case of an application made by a chief officer of police for the purposes of sub-paragraph (c) of paragraph (1), the Secretary of State may grant his approval under paragraph (3) in respect of the testing of all the persons mentioned in that sub-paragraph or only in respect of the testing of the persons mentioned in paragraph (i) thereof.

    (5) No person or class of persons may be appointed under the provisions of paragraph (b), (c), (d) or (e) of paragraph (1) or under paragraph (2)(b) unless the person making the appointment has appointed a person or class of persons to conduct practical tests under the provisions of regulation 24(1) and the Secretary of State has approved that appointment.

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

    (7) 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.

    (8) No person or member of a class of persons appointed by virtue of sub-paragraph (b), (c), (d) or (e) of paragraph (1) or under paragraph (2)(b) may conduct tests unless the Secretary of State has given his approval in writing to the appointment and such approval shall be granted only if the Secretary of State is satisfied that the person (or, in the case of the appointment of a class of persons, each member of that class) is capable of making a proper assessment of a candidate's knowledge and understanding of driving theory relating to the category or sub-category of vehicles in respect of which he is appointed to conduct tests.

    (9) In this regulation and regulation 24 - 

"chief officer of police", "police area" and "police authority" have the meanings given in section 101(1) of the Police Act 1996[49];

"company" includes a body corporate;

"eligible candidate" means - 

(i) a person who is employed as a driver by the company which holds the PSV operator's licence or by a sister company of that company which also holds a PSV operator's licence, or

(ii) a person whom any such company as is mentioned in sub-paragraph (i) proposes to employ as a driver;

"eligible person" means a person employed by the company which hold the PSV operator's licence or by a sister company of that company if the sister company also holds a PSV operator's licence,

and a company is a sister company of another if either is the holding company of the other or both are wholly-owned subsidiaries of a third within the meaning of section 736 of the Companies Act 1985[50].

Persons by whom practical and unitary tests may be conducted
    24. - (1) A practical or unitary test other than a test conducted in the circumstances specified in paragraph (2) may, subject to the following provisions of this regulation, be conducted by - 

(a) a person in the public service of the Crown appointed by the Secretary of State;

(b) a person who, or a member of a class of persons which, has been appointed by 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, a person appointed by the chief officer of any fire brigade maintained in pursuance of the Fire Services Act 1947 or, in Scotland, by the firemaster of such a brigade, for the purpose of testing members of the brigade of which he is the chief officer or of persons employed in the driving of motor vehicles for the purposes of any such brigade;

(d) a person appointed by a chief officer of police, for the purpose of testing - 


(i) members of the police force of which he is the chief officer and persons employed by the police authority for the same police area for the purpose of assisting that force, and

(ii) members of another police force and persons employed by a police authority for another police area for the purpose of assisting that force;



(e) a person appointed by a company which - 



(i) has been approved by the Secretary of State, and

(ii) normally employs for the purpose of its operations in excess of 250 persons as drivers of motor vehicles,



for the purpose of testing persons employed by it as drivers or persons whom it proposes so to employ;

(f) an eligible person appointed by a company which - 



(i) has been approved by the Secretary of State, and

(ii) is the holder of a PSV operator's licence,



for the purpose of conducting, in respect of eligible candidates, practical tests in respect of any class of passenger-carrying vehicles.

    (2) Where the person submitting himself for a test is disqualified until he passes the appropriate driving test, a practical or unitary test shall be conducted by - 

(a) a person in the public service of the Crown appointed by the Secretary of State, or

(b) a person who, or a member of a class of persons which, has been appointed by 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.

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

(a) proper arrangements will be made by the applicant, 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 his approval in writing, subject to such conditions as he thinks fit to impose.

    (4) In the case of an application made by a chief officer of police for the purposes of sub-paragraph (d) of paragraph (1), the Secretary of State may grant his approval under paragraph (3) in respect of the testing of all the persons mentioned in that sub-paragraph or only in respect of the testing of the persons mentioned in paragraph (i) thereof.

    (5) No person or member of a class of persons appointed under the provisions of sub-paragraph (b), (c), (d), (e) or (f) of paragraph (1) or under paragraph (2)(b) may conduct tests unless the Secretary of State has given his approval in writing to his appointment and such approval shall be granted only if the Secretary of State is satisfied that the person (or, in the case of the appointment of a class of persons, each member of that class) 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.

    (6) 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.

Revocation of authority to conduct tests
    25. - (1) The Secretary of State may revoke - 

(a) an appointment made under regulation 23(1)(a) or (2)(a) or under regulation 24(1)(a) or (2)(a), or

(b) an approval given under regulation 23(3) or (8) or under regulation 24(3) or (5),

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 23(3) or 24(3) is withdrawn, that person shall immediately return to the Secretary of State all forms of pass certificates supplied to him under regulations 47(8) and 48(3) which he still holds.

Applications for tests
Applications for theory tests: applicants in person
    26. - (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) in the case of an application for a test to be conducted before 4th January 2000, state whether or not he requires the theory test pass certificate or failure statement to be furnished under regulation 47(2) on the day of the test and pay the fee specified in regulation 30.

    (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 27 or 28 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
    27. - (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) where the application proposes an appointment for a test on a date before 4th January 2000, state whether or not he requires the theory test pass certificate or failure statement to be furnished under regulation 47(2) to the person nominated under paragraph (4) on the day of the test, and

(d) pay the fee (recoverable from the person nominated under paragraph (4)) specified in regulation 30.

    (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 theory 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 appropriate 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 26 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.

Applications for theory tests: large vehicle instructors
    28. - (1) A large vehicle instructor who wishes to make an appointment for a theory test prescribed in respect of motor vehicles in category C or D 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) where the application proposes an appointment for a test on a date before 4th January 2000, state whether or not he requires the theory test pass certificate or failure statement to be furnished under regulation 47(2) to the person nominated under paragraph (4) on the day of the test, and

(d) pay the fee (recoverable from the person nominated under paragraph (4)) specified in regulation 30.

    (2) The appointed person may refuse to accept an application from a large vehicle 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 theory tests.

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

    (4) If, before the expiration of the qualifying period, the appointed person receives from the large vehicle 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 appropriate test.

    (5) A person nominated by a large vehicle instructor pursuant to paragraph (4) for a theory test prescribed in respect of any category may neither be so nominated nor apply under regulation 26 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 ending on the day which is three clear working days before the day for which the appointment is made.

Eligibility to reapply for theory test
    29. - (1) Subject to paragraph (2), a person who has failed to pass a theory test prescribed in respect of any category may not make an application for another test of that nature to be conducted before the expiry of a period of three clear working days commencing with the day after the date of the first test.

    (2) Paragraph (1) shall not apply - 

(a) in a case where the person is either a member of the armed forces of the Crown or a person in the civil service of the Crown under the Secretary of State for Defence and the application is made with the consent of a person authorised by the Secretary of State for Defence; or

(b) in a case where the first test is conducted by an appointed person in accordance with paragraph (1)(a) or (2)(a) of regulation 23 and the Secretary of State has, prior to that test, given notice to the person that he will accept an application for a further test to be conducted before the expiry of the period mentioned in paragraph (1).

Fees for theory tests
    30. - (1) The fee payable for a theory test to be conducted by an appointed person in respect of any category of motor vehicle is - 

(a) in a case of an application for a theory test to be conducted before 4th January 2000 under which the theory test pass certificate or failure statement is required to be furnished under regulation 47(2) on the day of the test, £21, and

(b) in the case of any other application, £15.50,

and is payable to the Secretary of State.

    (2) No fee is payable for a theory test conducted by any other person.

Applications for practical and unitary tests: applicants in person
    31. - (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 Secretary of State,

(b) provide the Secretary of State 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 Secretary of State may reasonably require, and

(c) pay such fee as is specified in regulation 35.

    (2) Upon receipt of such details and such fee the Secretary of State 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 32 or 33 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 tests: motor bicycle instructors
    32. - (1) A motor bicycle instructor who wishes to make an appointment for a practical test prescribed in respect of category A or P which is to be conducted by a DSA examiner and taken by a person who has, or will have, received from that instructor instruction in the driving of vehicles of a class included in either category shall - 

(a) apply for such an appointment to the Secretary of State, 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 - 


(i) himself,

(ii) his establishment,

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

(iv) the nature of the test,



as the Secretary of State may reasonably require, and

(c) pay such fee (recoverable from the person nominated under paragraph (4)) as is specified in regulation 35.

    (2) The Secretary of State 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 Secretary of State, 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 Secretary of State shall confirm to the motor bicycle instructor the date and time of the appointment.

    (4) If, before the expiration of the qualifying period, the Secretary of State 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 licence which that person holds,

(c) the nature of the test, and

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

as the Secretary of State may reasonably require, the Secretary of State shall make the arrangements necessary for the taking of the appropriate 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 vehicle included in category A or P may neither be so nominated nor apply under regulation 31 for a further appointment for a test in respect of a motor vehicle 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.

Applications for practical tests: large vehicle instructors
    33. - (1) A large vehicle instructor who wishes to make an appointment for a practical test prescribed in respect of category B+E, C, C+E, D or D+E which is to be conducted by a DSA examiner and taken by a person who has, or will have, received from that instructor instruction in the driving of a class of vehicle included in any of those categories shall - 

(a) apply for such an appointment to the Secretary of State, 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 - 


(i) himself,

(ii) his establishment,

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

(iv) the nature of the test,



as the Secretary of State may reasonably require, and

(c) pay such fee (recoverable from the person nominated under paragraph (4)) as is specified in regulation 35.

    (2) The Secretary of State may refuse to accept an application from a large vehicle 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 Secretary of State, 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 Secretary of State shall confirm to the large vehicle instructor the date and time of the appointment.

    (4) If, before the expiration of the qualifying period, the Secretary of State receives from the large vehicle 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 licence which that person holds,

(c) the nature of the test, and

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

as the Secretary of State may reasonably require, the Secretary of State shall make the arrangements necessary for the taking of the appropriate test.

    (5) A person nominated by a large vehicle instructor pursuant to paragraph (4) for a practical test in respect of any class of vehicle may neither be so nominated nor apply under regulation 31 for a further appointment for a test in respect of a motor vehicle of a class included in the same category 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.

Eligibility to reapply for practical or unitary test
    34. - (1) Subject to the following provisions of this regulation, a person who has failed to pass a practical or unitary test ("the first test") for a licence authorising the driving of vehicles of a class included in any category may not make an application for another test for a licence authorising the driving of vehicles of any class included in the same category to be conducted before the expiry of the relevant period.

    (2) Paragraph (1) shall not apply - 

(a) in a case where the person is either a member of the armed forces of the Crown or a person in the civil service of the Crown under the Secretary of State for Defence and the application is made with the consent of a person authorised by the Secretary of State for Defence; or

(b) in a case where the first test is conducted by a DSA examiner and the Secretary of State has, prior to that test, given notice to the person that he will accept an application for a further test to be conducted before the expiry of the relevant period.

    (3) In this regulation, "the relevant period" means - 

(a) in the case of a test for a licence authorising the driving of a vehicle of a class included in category C, C+E, D or D+E, 3 clear working days, and

(b) in any other case, 10 clear working days.

commencing with the first day after the date of the first test.

Fees in respect of practical or unitary tests
    35. - (1) No fee shall be payable in respect of a practical or unitary test conducted by a person appointed under regulation 24(1)(b), (c), (d), (e) or (f) or (2)(b).

    (2) Subject to paragraphs (4) and (5), in the case of a practical or unitary test which - 

(a) is to be conducted by a DSA examiner,

(b) is not, or does not form part of, an extended driving test,

(c) is 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 5,

the fee payable is that specified in relation to that category or sub-category in column (2) of that Table.

    (3) Subject to paragaph (4), in the case of a practical or unitary test which - 

(a) is to be conducted by a DSA examiner,

(b) is, or forms part of, an extended driving test,

(c) is 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 5,

the fee payable is that specified in relation to that category or sub-category in column (3) of that Table.

    (4) Where an appointment for a practical test to commence during normal hours is cancelled by or on behalf of the Secretary of State 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) In a case where the test is for a licence authorising the driving of vehicles included in category B and the applicant holds a full licence authorising the driving of vehicles included in sub-category B1 (invalid carriages), no fee shall be payable.

    (6) For the purposes of this regulation and Schedule 5, 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.

Cancellation of tests
    36.For the purposes of paragraph (b) of section 91 of the Traffic Act (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 Secretary of State 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.

Requirements at tests

Test vehicles
    37. - (1) Subject to paragraph (3), the prescribed practical or unitary test for a licence authorising the driving of vehicles included in a category shown in column (1) of the Table at the end of this regulation must be conducted in a vehicle having a specification equivalent to or (except in the case of a test prescribed in respect of category F, G, H, K or P) higher than that shown in relation to that category in column (2) of the Table.

    (2) Subject to paragraph (3), the prescribed practical test for a licence authorising the driving of vehicles included in a sub-category shown in column (1) of the Table at the end of this regulation must be conducted in a vehicle having a specification equivalent to or higher than that shown in relation to that sub-category in column (2) of the Table.

    (3) Where an applicant for a practical test prescribed in respect of category A declares that he is suffering from a relevant disability of such a nature that he is unable to ride a motor bicycle without a side-car, that test must be conducted on a motor bicycle and side-car combination having the following specification - 

(a) in the case of a test for a licence authorising the driving of a large motor bicycle and side-car combination, a combination in which the bicycle has a maximum net power output of not less than 35 kilowatts,

(b) in the case of a test for a licence authorising the driving of a standard motor bicycle and side-car combination (other than a combination included in sub-category