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Regulation 38 Order of test

Original text. Later amendments are not shown.

(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 (or, as the case may be, be nominated pursuant to regulation 25(4) or 26(4)) for a practical test in respect of a motor vehicle of a class included in any category until he has been furnished with—

(i)

a certificate under regulation 44(2)(a) stating that he has passed the relevant theory test, or

(ii)

a certificate corresponding to such a certificate furnished under the law of Northern Ireland stating that he has during the relevant period passed the theory test in respect of the same category.

(2)

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

(a)

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

(b)

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

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

(3)

He may not submit the certificate furnished under regulation 45(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 44(2) stating that he has, during the relevant period, passed the relevant theory test; or

(b)

a certificate corresponding to such a certificate furnished under the law of Northern Ireland stating that he has during the relevant period passed the theory test in respect of the same category.

(4)

If he does not pass the relevant theory test during the relevant period, the passing of the practical test shall from the expiration of that period be disregarded for the purposes of regulations 15(10), 36 and 37.

(5)

In this regulation

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

  • “the relevant period” means the period commencing with the date on which the practical test is passed and ending on the date—

    1. (i)

      which falls 6 months later, or

    2. (ii)

      on which the person who took the practical test is disqualified by order of a court under section 36 of the Offenders Act until he passes the appropriate driving test,

    whichever is the earlier.