Regulation 3

After regulation 26 there shall be inserted—

“Eligibility to apply for further practical or unitary test

26A

(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 licensing authority 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.”.