Regulation 40 Nature of tests other than extended testsF1
England, Wales and Scotland
This regulation and regulations 40A to 40C apply to tests other than extended driving tests and are subject to regulation 42.
The test for a licence authorising the driving of a motor vehicle in category F3AM or A shall be conducted in three parts, namely—
the standard test of driving theory and the standard test of hazard perception;
the manoeuvres test; and
the practical test.
A person taking the test referred to in paragraph (1A) must—
pass all three parts; and
take all three parts in the same category or sub-category of vehicle.
Subject to paragraph (2C), the test for a licence authorising the driving of a motor vehicle of a class included in category B shall be conducted in accordance with either paragraph (2A) or paragraph (2B).
A test conducted in accordance with this paragraph shall consist of two parts, namely—
the standard test of driving theory and the standard test of hazard perception, and
the practical test,
and a person taking such a test must pass both parts.
A test conducted in accordance with this paragraph shall consist of three parts, namely—
the safe road use test,
the abridged standard test of driving theory and the standard test of hazard perception, and
the practical test,
and a person taking such a test must pass all three parts.
Where a person has been issued with a valid qualification award certificate, the test for a licence authorising the driving of a motor vehicle included in category B shall be conducted in two parts, namely—
the abridged standard test of driving theory and the standard test of hazard perception, and
the practical test,
and a person taking such a test must pass both parts.
Subject to paragraphs (3A) and (4), the test for a licence authorising the driving of a motor vehicle of a class included in category C, C + E, D or D + E shall be conducted in four parts, namely—
the large vehicle test of driving theory,
the large vehicle test of hazard perception,
the large vehicle off road manoeuvres test, and
a practical test of driving skills and behaviour,
and a person taking such a test must pass all four parts.
Where a large vehicle off road manoeuvres test and practical test are to be conducted by a DVSA examiner, such tests may be conducted concurrently and the requirements of regulation 40A(2)(c) shall not apply.
The test for a licence authorising the driving of a motor vehicle of a class included in category B+E, C+E and D+E—
in a case where the test is for a licence authorising the driving of vehicles in sub-category C1+E and the applicant is the holder of a full licence which was in force at a time before 1st January 1997 and authorises the driving of motor vehicles included in sub-category C1+E (8.25 tonnes) but not the driving of any other vehicles included in category C+E, shall consist of the matters prescribed in respect of the large vehicle test of driving theory for category C, the large vehicle hazard perception test and the specified requirements prescribed in respect of the F7large vehicle off road manoeuvres test and practical test for category C+E, F8...
in a case where the test is for a licence authorising the driving of vehicles in category C + E and the applicant is not the holder of a full licence which authorises the driving of motor vehicles included in category C, shall consist of the matters prescribed in respect of the large vehicle test of driving theory for category C, the large vehicle hazard perception test and the specified requirements prescribed in respect of the F10large vehicle off road manoeuvres test and practical test for category C + E;
in a case where the test is for a licence authorising the driving of vehicles in sub-category D1 + E and the applicant is the holder of a full licence which was in force at a time before 1st January 1997 and authorises the driving of motor vehicles included in sub-category D1 + E (not for hire or reward) but not the driving of any other vehicles included in category D + E, shall consist of the matters prescribed in respect of the large vehicle test of driving theory for category D, the large vehicle hazard perception test and the specified requirements prescribed in respect of the F11large vehicle off road manoeuvres test and test for category D + E;
in a case where the test is for a licence authorising the driving of vehicles in category D + E and the applicant is not the holder of a full licence which authorises the driving of motor vehicles included in category D, shall consist of the matters prescribed in respect of the large vehicle test of driving theory for category D, the large vehicle hazard perception test and the specified requirements prescribed in respect of the F12large vehicle off road manoeuvres test and practical test for category D + E; and
in any other case, shall consist of F13a large vehicle off road manoeuvres test and a practical test only.
The test for a licence authorising the driving of a motor vehicle of a class included in category F, G, H or K 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 the test that he is—
generally competent to drive a vehicle of that class without danger to, and with due consideration for, other road users,
fully conversant with the Highway Code, and
able to comply with the requirements specified in regulation 40C(6) in respect of a vehicle of that class.
Annotations
Textual amendments
- F1
Reg. 40 substituted (7.7.2008) by The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2008 (S.I. 2008/1435), regs. 1(1), 13 (with reg. 22)
- F2
Reg. 40(1A)(1B) inserted (30.3.2009) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2009 (S.I. 2009/788), regs. 1(2), 18(a) (with reg. 33)
- F3
Words in reg. 40(1A) substituted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 23
- F4
Reg. 40(2)-(2C) substituted for reg. 40(2) (1.5.2010) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2010 (S.I. 2010/1203), regs. 1(2), 18
- F5
Reg. 40(3) substituted (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), 16(a)
- F6
Reg. 40(3A) 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), 16(b)
- F7
Words in reg. 40(4)(a) 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), 16(c)(i)
- F8
Word in reg. 40(4) omitted (15.11.2021) by virtue of The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2021 (S.I. 2021/1251), regs. 1(2), 6(a) (with reg. 9)
- F9
Reg. 40(4)(aa)-(ac) inserted (15.11.2021) by The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2021 (S.I. 2021/1251), regs. 1(2), 6(b) (with reg. 9)
- F10
Words in reg. 40(4)(aa) 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), 16(c)(ii)
- F11
Words in reg. 40(4)(ab) 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), 16(c)(iii)
- F12
Words in reg. 40(4)(ac) 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), 16(c)(iv)
- F13
Words in reg. 40(4)(b) 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), 16(c)(v)
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.