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Regulation 22 Interpretation of Part III

England, Wales and Scotland

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;

  • F1“appointed person” means—

    1. (a)

      in the case of a safe road use test, a person appointed by the Secretary of State to conduct such a test under paragraph (1)(a) of regulation 22A; F2...

    2. (b)

      in the case of a theory test, a person appointed by the Secretary of State to conduct such a test under paragraph (1)(a)(ii) or (2)(a) of regulation 23; F3and

    3. (c)

      F4in the case of a large vehicle off road manoeuvres test, a large vehicle off road manoeuvres test examiner;

  • F5“the CPC subjects” means the list of subjects set out in section 1 of Annex I to Directive 2003/59/EC of the European Parliament and of the Council of 15 July 2003 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers, amending Council Regulation (EEC) No. 3820/85 and Council Directive 91/439/EEC and repealing Council Directive 76/914/EEC in so far as these subjects are not already covered by the matters specified in regulation 40C(5) in respect of a vehicle of the relevant class F6, reading point 2.1 of section 1 of Annex 1 as if the references to Regulations (EEC) No 3820/85 and (EEC) No 3821/85 were references to Regulation (EC) No 561/2006 on the harmonisation of certain social legislation relating to road transport and to Regulation (EU) No 165/2014 on tachographs in road transport;

  • “F7DVSA examiner" means a person appointed by the Secretary of State to conduct F8manoeuvres tests, F9large vehicle off road manoeuvres tests, practical tests or unitary tests under paragraph (1)(a) or (2)(a) of regulation 24;

  • F10“educational qualification” means—

    1. (a)

      a qualification awarded by F11Qualifications Scotland pursuant to section 2(1) of the Education (Scotland) Act 2025;

    2. (b)

      a qualification accredited by F12Qualifications Scotland pursuant to section 4(1) of the Education (Scotland) Act 2025;

    3. (c)

      F13...

    4. (d)

      ...

    5. (e)

      a qualification which has been awarded or authenticated by an awarding body recognised for either of those purposes by the Office of Qualifications and Examinations Regulation (“Ofqual”) under section 132 of the Apprenticeships, Skills, Children and Learning Act 2009 and, where that qualification is subject to the accreditation requirement under section 138 of that Act, which has been accredited by Ofqual under section 139 of that Act; or

    6. (f)

      F14a qualification which has been awarded by a body in respect of the award of which it is recognised by Qualifications Wales under Part 3 of the Qualifications Wales Act 2015;

  • “excepted matters” means the matters falling within Schedule 7, Part 2, section B paragraph 2, section C paragraph 3, section D paragraph 2, section E and section F paragraphs 1 and 3;

  • “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 F15AM or A, including an establishment which provides tuition to prepare persons for the theory test;

  • F16“motor car instructor” means a person operating an establishment for providing instruction in the driving of vehicles included in category B, including an establishment which provides tuition to prepare persons for the theory test;

  • F17“qualification award certificate” means a certificate which certifies that the person to whom it has been issued has been awarded the Safe Road User Award;

  • “relevant awarding authority” means a body which awards or authenticates relevant qualifications;

  • “relevant qualification” means an educational qualification in respect of which a safe road use test must be passed before the qualification can be awarded;

  • “relevant qualification certificate” means a certificate issued by a relevant awarding authority which certifies that the person to whom it has been issued has been awarded a relevant qualification;

  • “safe road use test” means an examination the content of which is set out in regulation 40B(ZA1);

  • “Safe Road User Award” means the qualification of that name which is awarded by the Scottish Qualifications Authority before 1st May 2010;

  • F18...

  • “working day" means F19(other than in regulation 35) a day other than a F20... 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 F21the Banking and Financial Dealings Act 1971M1).

Annotations

Textual amendments

F1

Words in reg. 22 substituted (1.5.2010) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2010 (S.I. 2010/1203), regs. 1(2), 6(a)

F2

Word in reg. 22 omitted (15.11.2021 at 1.00 a.m.) by virtue of The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1154), regs. 1(2), 4(a)(i)

F3

Word in reg. 22 inserted (15.11.2021 at 1.00 a.m.) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1154), regs. 1(2), 4(a)(ii)

F4

Words in reg. 22 inserted (15.11.2021 at 1.00 a.m.) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1154), regs. 1(2), 4(a)(iii)

F5

Words in reg. 22 inserted (7.7.2008) by The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2008 (S.I. 2008/1435), regs. 1(1), 4(a) (with reg. 22)

F6

Words in reg. 22 inserted (22.12.2018) by The Driving Licences (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1251), regs. 1(3), 6(6)

F7

Words in reg. 22 substituted (1.4.2014) by The Driving Standards Agency and the Vehicle and Operator Services Agency (Merger) (Consequential Amendments) Regulations 2014 (S.I. 2014/480), regs. 1, 6(2)

F8

Words in reg. 22 substituted (30.3.2009) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2009 (S.I. 2009/788), regs. 1(2), 5 (with reg. 33)

F9

Words in reg. 22 inserted (15.11.2021 at 1.00 a.m.) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1154), regs. 1(2), 4(b)

F10

Words in reg. 22 inserted (1.5.2010) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2010 (S.I. 2010/1203), regs. 1(2), 6(b)

F11

Words in reg. 22 substituted (1.2.2026) by The Education (Scotland) Act 2025 (Consequential Provisions and Modifications) Order 2025 (S.I. 2025/1350), art. 1(4), Sch. para. 3(2)(a); S.S.I. 2026/2, sch. Pt. 1

F12

Words in reg. 22 substituted (1.2.2026) by The Education (Scotland) Act 2025 (Consequential Provisions and Modifications) Order 2025 (S.I. 2025/1350), art. 1(4), Sch. para. 3(2)(b); S.S.I. 2026/2, sch. Pt. 1

F13

Words in reg. 22 omitted (1.4.2017) by virtue of The Qualifications Wales Act 2015 (Consequential Provision) Order 2017 (S.I. 2017/121), arts. 1, 2(2)

F14

Words in reg. 22 substituted (E.W.) (1.5.2016) by The Qualifications Wales Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/236), regs. 1, 7; and words extended to S. (1.4.2017) by The Qualifications Wales Act 2015 (Consequential Provision) Order 2017 (S.I. 2017/121), arts. 1, 2(3)

F15

Words in reg. 22 substituted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 14(a)

F16

Words in reg. 22 inserted (1.4.2006) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2006 (S.I. 2006/524), regs. 1(2), 4

F17

Words in reg. 22 inserted (1.5.2010) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2010 (S.I. 2010/1203), regs. 1(2), 6(c)

F18

Words in reg. 22 omitted (19.1.2013) by virtue of The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 14(b)

F19

Words in reg. 22 inserted (7.7.2008) by The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2008 (S.I. 2008/1435), regs. 1(1), 4(b) (with reg. 22)

F20

Word in reg. 22 omitted (1.11.2005) by virtue of The Motor Vehicles (Driving Licences) (Amendment) (No 2) Regulations 2005 (S.I. 2005/2717), regs. 1, 4

F21

Words in reg. 22 substituted (7.7.2008) by The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2008 (S.I. 2008/1435), regs. 1(1), 4(b) (with reg. 22)

Marginal citations

M1

1971 c. 80.

Notes on the whole SI

Textual amendments

F1

1988 c. 52. Relevant amendments are referred to where appropriate below. Amending statutes and instruments are referred to in the footnotes to these Regulations in the following manner: “the 1989 Act" means the Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22); “the 1990 Regulations" means the Driving Licences (Community Driving Licence) Regulations 1990 (S.I. 1990/144), “the 1991 Act" means the Road Traffic Act 1991 (c. 40), “the 1996 Regulations" means the Driving Licences (Community Driving Licence) Regulations 1996 (S.I. 1996/1974) and “the 1998 Regulations" means the Driving Licences (Community Driving Licence) Regulations 1998 (S.I. 1998/1420).

F2

Subsection (6) was amended by the 1990 Regulations.

F3

Subsection (1A) was inserted by the 1996 Regulations, subsections (2A) and (5A) were inserted by the 1989 Act, section 6; subsection (3) was amended by the 1991 Act, Schedule 4, paragraph 63; subsection (4) was amended by the 1989 Act, Schedule 3, paragraph 8 and by the 1996 Regulations; subsection (7) was amended and subsections (9) and (10) were substituted by the 1989 Act, Schedule 3, paragraph 8 and subsections (7), (9) and (10) were amended by the 1996 Regulations. Subsection (4)(b) is to be read with the Department of Transport (Fees) Order 1988 (S.I. 1988/643), as amended by S.I. 1991/811, 1993/1601, 1995/1684 and 1996/1929, the relevant entries being items 5, 5A and 6 in Schedule 1, Table III.

F4

Section 89A was inserted by the 1989 Act, section 4(4).

F5

Subsection (2) was amended by the 1996 Regulations.

F6

Subsections (4) and (5) were amended by the 1989 Act, section 5(7) and (8).

F7

Subsections (1) and (3) were amended by the 1989 Act, section 6(2) and Schedule 6 and by the 1996 and 1998 Regulations, subsection (1A) was inserted by the 1998 Regulations; subsections (3A) and (3B) were inserted by the 1989 Act, section 6(2) and subsection (3A) was amended by the 1996 and 1998 Regulations; subsection (4) was amended by the 1996 and 1998 Regulations; subsection (4) was amended by the 1998 Regulations.

F8

Subsections (2) and (4) were amended by the 1989 Act, Schedule 3, paragraph 11. Subsection (2) was amended by the 1990 Regulations.

F9

Subsection (1) was amended by Schedule 3, paragraph 12, of the 1989 Act; subsection (1A) was inserted by section 2(2) of that Act.

F10

Section 99A was inserted by the 1996 Regulations; subsection (4) was amended by the 1998 Regulations.

F11

Subsection (2) was amended by the 1989 Act, Schedule 3, paragraph 14 and by the 1990, 1996 and 1998 Regulations; subsection (4) was amended by the 1996 Regulations.

F12

See the definitions of “prescribed" and “regulations".

F13

Sections 114, 115, 116 and 117 to 122 (Part IV of the Act) were substituted by the 1989 Act, section 2(1) and Schedule 2, Section 114(1) was amended by the 1996 Regulations.

F14

Subsection (3) was amended by the 1991 Act, Schedule 4, paragraph 64 and the 1996 Regulations.

F15

Section 115A was inserted by the 1996 Regulations.

F16

Subsection (2A) was inserted by the 1991 Act, Schedule 4, paragraph 65.

F17

See the definition of “prescribed".

F18

Amended by the 1990 Regulations.

F19

Amended by the 1991 Act, Schedule 4, paragraph 68.

F20

Inserted by the 1989 Act, Schedule 3, paragraph 23.

F21

See the definition of “prescribed".

F22

See section 105(4) of the Road Traffic Act 1988.