# Motor Vehicles (Driving Licences) (Amendment No. 2) Regulations (Northern Ireland) 1996, Schedule 1: Provisions inserted in substitution for Part III “Part III Tests of Competence to Drive Preliminary Interpretation of Part III 13 In this Part— “applicant” means an individual making an application for an appointment for a test or a part of a test with a view to taking the test or that part thereof himself; “appointed person” means a person appointed by the Department to conduct theory tests under regulation 14A(1)(a); “examiner” means a person appointed by the Department to conduct practical or unitary tests; “working day” means a day other than a Saturday, Sunday or public holiday. Appointment of persons to conduct tests Persons by whom practical and unitary tests may be conducted 14 Practical and unitary tests may be conducted by any of the following persons— (a) an examiner; (b) the Secretary of State for Defence, in so far as concerns the testing of persons in the public service of the Crown under his department; (c) the Chief Constable of the Royal Ulster Constabulary, in so far as concerns the testing of— (i) members of a police force; or (ii) persons employed, or to be employed, in the driving of motor vehicles for police purposes; (d) a person authorised with the approval of the Department by a person specified in paragraph (b) or (c), to conduct tests on his behalf. Persons by whom theory tests may be conducted 14A (1) Theory tests may be conducted by— (a) an appointed person; (b) the Department, in so far as concerns the testing of persons in the public service of the Crown; (c) the Secretary of State for Defence, in so far as concerns the testing of persons in the public service of the Crown; (d) subject to the approval of the Department, a person appointed by the Secretary of State for Defence to conduct theory tests on his behalf. (2) An appointment made under paragraph (1)(a) may be made subject to such conditions as are, in the opinion of the Department, reasonably necessary in the general interests of candidates and where an appointed person fails to comply with such a condition the Department may appoint another person to carry out theory tests in substitution for that person notwithstanding that the first appointment has not been revoked. Revocation of authority to conduct tests 14B The Department may revoke— (a) an appointment made under regulation 14A(1)(a); or (b) an approval given under regulation 14(d) or 14A(1)(d), by notice in writing and the authority of the person whose appointment is revoked or whose approval is withdrawn to conduct unitary, practical or theory tests, as the case may be, shall cease upon the date specified in the notice. Applications for tests Applications for practical and unitary tests 15 (1) An applicant wishing to take a practical or unitary test to be conducted by an examiner shall— (a) apply for an appointment for such a test to the Department; (b) provide the Department with such details relating to himself, the licence which he holds, the preferred location of the test, the nature of the test and the vehicle on which the test is to be taken as the Department may reasonably require; and (c) pay such fee as is specified in regulation 15A. (2) Upon receipt of such details and such fee the Department shall make the arrangements necessary for the taking of the appropriate test. (3) An applicant for whom an appointment is made as aforesaid in respect of a motor vehicle in any category may not apply for a further appointment for a practical or, as the case may be, a unitary test on a vehicle of the same class unless— (a) the first appointment has been cancelled; (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). Fees in respect of practical and unitary tests 15A (1) The following provisions of this regulation shall apply in the case of a person who submits himself for a practical or a unitary test or applies for an appointment for such a test. (2) Subject to paragraph (5), the fee payable in respect of a practical or a unitary test to be taken in any vehicle, except a motor cycle, and conducted on a week day other than a Saturday by an examiner shall be— (a) in the case of a practical or a unitary test which is due to commence before half past four in the afternoon, £27·00; and (b) in the case of a practical or a unitary test which is due to commence at or after that time, £38·50. (3) Subject to paragraph (5), the fee payable in respect of a practical or a unitary test to be taken in any vehicle, except a motor cycle, and conducted on a Saturday, by an examiner shall be £38·50. (4) The fees payable in respect of a practical or a unitary test to be taken on a motor cycle where that test is to be conducted on the days and times referred to in paragraphs (2)(a), (b) and (3) by an examiner, shall be respectively £38·00, £48·50 and £48·50. (5) No fee shall be payable in respect of a test to be taken in an invalid carriage. (6) No fee shall be payable in respect of a test conducted by a person specified in paragraph (b) or (c) of regulation 14. Applications for theory tests 15B (1) An applicant wishing to take a theory test to be conducted by an appointed person shall— (a) apply for an appointment to that person; (b) provide that person with such details relating to himself, the licence which he holds, the preferred location of the test, and the nature of the test to be taken as he may reasonably require; and (c) pay the fee specified in regulation 15C. (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 for whom an appointment is made as aforesaid in respect of any category of motor vehicle may not apply for a further appointment for a theory test in respect of the same category unless— (a) the first appointment has been cancelled; 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). Fees for theory tests 15C The fee payable for a theory test to be conducted by an appointed person in respect of any category of motor vehicle shall be £16·50 and is payable to the Department. Cancellation of tests 15D For the purposes of Article 8(b) of the Road Traffic (Northern Ireland) Order 1981 (which specifies the cases in which a fee paid on an application for an appointment for a test may be repaid) notice cancelling an appointment— (a) for a practical or unitary test to be conducted by an examiner must be given to the Department not less than 3 clear working days before the day for which the appointment is made; (b) for a theory test to be conducted by an appointed person must be given not less than 3 clear working days before the day for which the appointment is made. Nature and conduct of tests Nature of tests 16 (1) Subject to regulation 16B, the test for a licence authorising the driving of a motor vehicle of a class included in category A, B or P shall be conducted in two parts, namely— (a) a theoretical test; and (b) a practical test of driving skills and behaviour, and a person taking such a test must pass both parts. (2) A person shall be treated as having passed— (a) the theory test is he satisfies the person conducting it that he has a knowledge and sound understanding of the specified matters; and (b) the practical test if he satisfies the person conducting it of his ability to comply with the specified requirements. (3) The test for a licence authorising the driving of a motor vehicle of a class included in any other category shall be a unitary test and a person taking such a test shall be treated as having passed it if he satisfies the person conducting it that— (a) he is generally competent to drive a vehicle of that class— (i) without danger to, and with due consideration for, other road users; and (ii) in accordance with the Highway Code; and (b) he is able to comply with the specified requirements. (4) The practical test and the unitary test shall each be conducted so that— (a) the person taking the test drives, wherever possible, both on roads outside built-up areas and on urban roads; (b) the time during which that person is required to drive on roads is not less than 25 minutes. (5) The theory test shall— (a) be conducted as a written examination consisting of 35 questions, which may be in a multiple choice or multiple response form, testing a candidate on the specified matters in accordance with Schedule 4; (b) have a duration of 40 minutes or, in the circumstances specified in paragraph (6), 80 minutes. (6) The circumstances referred to in paragraph (5) are that the candidate requires the assistance of a suitably qualified person by virtue of having reading difficulties. (7) The specified matters for a theory test for a licence authorising the driving of a motor vehicle of a class included in a category shown in column 1 of the table are the matters specified in relation to that category in column 2. (8) The specified requirements for a practical or unitary test for a licence authorising the driving of a motor vehicle of a class included in a category shown in column 1 of the table are the requirements specified in relation to that category in column 3. TABLE Column 1 Column 2 Column 3 Category Specified matters Specified requirements A Matters specified in Part 1 of Schedule 4 Requirements specified in Part 1 of Schedule 4A B Matters specified in Part 2 of Schedule 4 Requirements specified in Part 2 of Schedule 4A F Requirements specified in Parts 3 and 4 of Schedule 4A G Requirements specified in Parts 3 and 4 of Schedule 4A H Requirements specified in Parts 3 and 5 of Schedule 4A K Requirements specified in Part 3 of Schedule 4A L Requirements specified in Parts 3 and 4 of Schedule 4A N Requirements specified in Part 3 of Schedule 4A P Matters specified in Part 1 of Schedule 4 Requirements specified in Part 1 of Schedule 4A Order of test 16A (1) Where a test is required to be conducted in two parts, unless he makes an election in accordance with paragraph (2), a person taking the test— (a) must pass the theory test before he takes the practical test, and (b) shall not be entitled to apply for an appointment for a practical test in respect of a motor vehicle of a class included in any category until he has been furnished with a certificate under regulation 18(2)(a) stating that he has passed the relevant theory test. (2) A person may elect to apply for a practical test before he has been furnished with such certificate as is referred to in paragraph (1)(b) if the application is for an appointment for a test to be taken on or before 31st December 1996 and where he passes that practical test on or before that date the following paragraphs shall apply. (3) He may not submit the certificate furnished under regulation 18A(2) in respect of that practical test, in support of an application for a licence, as evidence that he has passed a test unless it is accompanied by— (a) a certificate furnished under regulation 18(2)(a) stating that he has, during the relevant period, passed the relevant theory test; or (b) a certificate corresponding to such a certificate furnished under the law of Great Britain stating that he has during the relevant period passed the theory test in respect of the same category. (4) If he does not pass the relevant theory test during the relevant period, the passing of the practical test shall from the expiration of that period be disregarded for the purposes of regulations 7(1A), and 16. (5) In this regulation— “the relevant theory test” means the theory test prescribed in respect of the category in which includes the class of motor vehicle on which he takes the practical test is included, “the relevant period” means the period commencing with the date on which the practical test is passed and ending on the date which falls 6 months later. Exemption from theory test 16B (1) A person is exempt from the requirement to pass a theory test for the purpose of obtaining a licence authorising him to drive a motor vehicle of a class included in category A if he has passed— (a) on or after 1st July 1996, the test prescribed in respect of category P; (b) a test prescribed in respect of motor vehicles of a class included in category B, or (c) a Great Britain test of competence corresponding to either of those tests. (2) A person is exempt from the requirement to pass a theory test for the purpose of obtaining a licence authorising him to drive a motor vehicle of a class included in category B if he has passed— (a) on or after 1st July 1996, a test prescribed in respect of category P; (b) a test prescribed in respect of motor vehicles of another class included in Category B; (c) the test prescribed in respect of motor vehicles of a class included in category A; or (d) a Great Britain test of competence corresponding to any of those tests. Entitlements upon passing test Entitlement upon passing a test 16C Where a person has passed a test prescribed in respect of a class of motor vehicles included in any category he shall be granted a licence authorising him to drive— (a) all classes of motor vehicle included in that category unless— (i) the test or, as the case may be, the practical test is passed on a motor vehicle with automatic transmission, in which case he shall be granted a licence authorising him to drive only such classes of motor vehicle included in that category as have automatic transmission; (ii) the practical test is passed on an invalid carriage, in which case he shall be granted a licence authorising him to drive such classes of vehicle included in category B1 as are invalid carriages; (iii) the test or, as the case may be, the practical test, is passed on a motor vehicle which is adapted on account of a disability of the person taking the test, in which case he shall be granted a licence authorising him to drive only such classes of motor vehicle included in that category as are so adapted; and (b) all classes of vehicle included in any other category which is specified in column (3) of Schedule 3 as an additional category in relation to that category unless— (i) the test or, as the case may be, the practical test is passed on a motor vehicle with automatic transmission and the additional category is B plus E, C1, D1, C1 plus E or D1 plus E, or F, in which case he shall be granted a licence authorising him to drive only such classes of motor vehicle included in the additional category as have automatic transmission; (ii) the practical test is passed on an invalid carriage, in which case he shall be granted a licence authorising him to drive only such classes of vehicle included in category B1 as are invalid carriages; (iii) the test or, as the case may be, the practical test is passed on a vehicle which is adapted on account of a disability of the person taking the test, in which case he shall be granted a licence authorising him to drive only such classes of vehicle included in the additional category as are so adapted. Vehicles suitable for test 17 (1) A practical or unitary test for a licence authorising the driving of a motor vehicle included in a category shown in column 1 of the table shall be conducted in a vehicle of a specification shown in relation to that category in column 2. TABLE Column 1 Column 2 Category Specification A A motor bicycle without a sidecar having a cubic capacity of not more than 250 cc B A four-wheeled category B vehicle capable of a speed of 100 kph B1 Any vehicle in category B1 F Any vehicle in category F G Any vehicle in category G H Any vehicle in category H K Any vehicle in category K L Any vehicle in category L N Any vehicle in category N P Any vehicle in category P (2) A person submitting himself for a practical or unitary test shall provide a vehicle which— (a) corresponds to the specification referred to in paragraph (1); (b) is not fitted with a device designed to permit a person other than the driver to operate the accelerator, unless any pedal or lever by which the device is operated and any other parts which it may be necessary to remove to make the device inoperable by such a person during the test have been removed; and (c) is otherwise suitable for the purposes of the test. Further requirements at tests 17A (1) A person submitting himself for a theory test shall— (a) before the test commences— (i) produce to the person conducting the test an appropriate licence authorising him to drive a vehicle of the category in respect of which the test is to be taken; and (ii) sign a record of his attendance at the test; (b) during the test comply with all reasonable instructions given by the invigilator for the purpose of ensuring the proper and orderly conduct of the test. (2) A person submitting himself for a practical test on a motor vehicle of a class included in any category shall, except in a case where— (a) he has made an election in accordance with regulation 16A(2), or (b) he is exempt from the requirement to pass a theory test by virtue of regulation 16B, produce to the person conducting the test before the test commences a valid certificate furnished under regulation 18(2)(a) showing that he has passed the theory test prescribed in respect of motor vehicles included in the same category or a certificate corresponding to such a certificate furnished under the law of Great Britain. (3) A person submitting himself for a practical or unitary test shall, before the test commences— (a) produce to the person conducting the test an appropriate licence authorising him to drive a vehicle of the class on which the test is to be taken, and (b) sign, on a form produced to him by the person conducting the test, a declaration to the effect that there is in force, in relation to the use of the vehicle provided for the purposes of the test, a policy of insurance which complies with the requirements of Part VIII of the Road Traffic (Northern Ireland) Order 1981. (4) A person submitting himself for a practical or unitary test shall, during the test— (a) except when the test is for a licence authorising him to drive a vehicle of a class included in category A or category P, allow to travel in the vehicle— (i) the person authorised to conduct the test; and (ii) any person authorised by the Department to attend the test for the purpose of supervising it or otherwise; (b) when the test is for a licence authorising him to drive a vehicle of a class included in category A or category P, allow the attendance of— (i) the person authorised to conduct the test; and (ii) any person authorised by the Department for the purpose of supervising the test or otherwise. (5) In this regulation, “appropriate licence” means a licence which— (a) is valid at the date of the test; (b) bears the signature of the person who has submitted himself for the test; and (c) is either— (i) a provisional licence authorising the person submitting himself for the test to drive motor vehicles of the same class as the vehicle in which he has provided for the test, or (ii) a full licence which by virtue of Article 14(2) of the Road Traffic (Northern Ireland) Order 1981, authorises that person to drive motor vehicles of that class subject to the same conditions as if he were so authorised by a provisional licence, or (iii) a Great Britain licence corresponding to either of those licences. Examiner’s right to refuse to conduct test 17B (1) Subject to paragraph (2), where a person submitting himself for a theory test, a practical test or a unitary test fails to satisfy the examiner that he has complied with any requirement imposed in relation to that test by regulation 17(2) or paragraph (1), (2), (3) or (4) of regulation 17A, the person authorised to conduct the test may refuse to do so. (2) Where the person who has submitted himself for a practical test fails to produce a document required to be produced under regulation 17A(1)(a)(i) or (2), if the person authorised to conduct the test is satisfied from other evidence that the document nevertheless exists he may conduct the test. Test results Evidence of results of theory tests 18 (1) A person conducting a theory test shall, as soon as practicable after its completion, arrange for the test paper returned by a test candidate to be marked for the purpose of ascertaining whether the candidate has demonstrated a knowledge and sound understanding of the specified matters in accordance with these Regulations. (2) A person conducting the theory test shall furnish— (a) a person who passes the test with a certificate (a “pass certificate”) in the form set out in Part 1 of Schedule 5; (b) a person who fails to pass the test with a statement (a “failure certificate”) in the form set out in Part 2 of Schedule 5. (3) Where a person who has conducted a theory test is satisfied that a pass certificate or a failure statement has been furnished in error to a person who took a theory test, he shall, upon receipt of that document from the person who took the test and subject to paragraph (4), furnish that person with a correct certificate or statement, as the case may be. (4) Where the person who took the test alleges that a failure statement has been furnished in error returns the statement not later than 14 days after it was sent to him to the person who conducted the test with a request in writing that the paper be remarked, the person who conducted the test shall comply with that request for the purpose of ascertaining whether an error has been made but subject thereto he shall not be obliged to remark any paper. (5) A pass certificate issued in error may not be presented, in support of an application for a licence, as evidence that a person has passed the test mentioned in such certificate. (6) A pass certificate shall be valid for the purposes of regulation 17A(2) for a period commencing on the date on which the test was taken and ending on the date which falls two years later. Evidence of the result of practical and unitary tests 18A (1) Subject to paragraph (2), a person conducting a practical test shall give to— (a) a person who passes the test a certificate in the form set out in Part 1 of Schedule 6; (b) a person who fails to pass the test a statement in the form set out in Part 2 of Schedule 6. (2) Where, by virtue of regulation 16A(2), a person— (a) elects to apply for an appointment for a practical test before being furnished with a certificate stating that he has passed a theory test, and (b) passes that practical test taken on that appointment, the person conducting the practical test shall furnish that person with a certificate in the form set out in Part 3 of Schedule 6. (3) Where the person who took the practical test has produced a valid theory test pass certificate under regulation 17A(2), he shall surrender that certificate to the person conducting the test upon receipt of the certificate furnished under paragraph (1)(a). (4) A person conducting a unitary test shall give to— (a) a person who passes the test a certificate to that effect in the form set out in Part 1 of Schedule 6; (b) a person who fails to pass the test a statement to that effect in the form set out in Part 2 of Schedule 6.” --- Source: https://www.legislation.gov.uk/nisr/1996/197/schedule/1 (the official version) Page: https://openlegislation.uk/motor-vehicles-driving-licences-amendment-no-2-regulations-northern-ireland-1996/schedule-1 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.