Regulation 40A F1
England, Wales and Scotland
Where a test is required to be conducted in two parts F2pursuant to regulation 40(2A) or (2C) or consists of three parts pursuant to regulation 40(2B), a person taking the test—
must pass the theory test F3or have passed, within the last 2 years, that part of a Northern Ireland test concerning the theory of driving vehicles in category B and corresponding to the theory test before he takes the practical test, and
shall not be entitled to apply for an appointment F4... for a practical test in respect of a motor vehicle of a class included in F5category B until he has been furnished with—
a valid standard theory test pass certificate stating that he has passed the theory test prescribed in respect of that category, or
a certificate relating to the passing of the part of the Northern Ireland test referred to in sub-paragraph (a).
Where a test is required to be conducted in three parts pursuant to regulation 40(1A) a person—
must, pass the theory test in respect of a vehicle in category F8AM or A or have passed, within the last 2 years, that part of a Northern Ireland test concerning the theory of driving vehicles in category AM or A before taking the manoeuvres test;
shall not be entitled to apply for an appointment (or, as the case may be, be nominated pursuant to regulation 32(4)) for the manoeuvres test in respect of a vehicle in category AM or A until that person has been furnished with—
a valid standard theory test pass certificate stating that the person has passed the theory test in respect a vehicle in category A or P; or
a certificate relating to the passing of the part of the Northern Ireland test referred to in sub-paragraph (a); and
must, before taking a practical test in relation to a vehicle in category A or P, or in sub-category A1, pass the manoeuvres test in respect of a vehicle in the same category or sub-category as that in respect of which the practical test is to be taken F9, or have passed that part of a Northern Ireland test corresponding to the manoeuvres test in respect of a vehicle in the same category or sub-category as that in respect of which the practical test is to be taken.
Where a test is required to be conducted in four parts pursuant to regulation 40(3), a person—
must pass the large vehicle test of driving theory and the large vehicle test of hazard perception or have passed, within the last 2 years, those parts of a Northern Ireland test concerning the theory of driving vehicles in category C, C + E, D or D + E (including hazard perception), before they take the large vehicle off road manoeuvres test or practical test;
shall not be entitled to apply for an appointment (or, as the case may be, be nominated pursuant to regulation 33(4) or regulation 33A(4)) for a large vehicle off road manoeuvres test or a practical test in respect of a motor vehicle of a class included in category C, C + E, D or D + E until they have been furnished with—
a valid large vehicle theory test pass certificate in respect of that category; or
a certificate or certificates relating to the passing of those parts of the Northern Ireland test referred to in sub-paragraph (a); F11...
shall not be entitled to apply for an appointment (or, as the case may be, be nominated pursuant to regulation 33(4)) for a practical test in respect of a motor vehicle of a class included in category C, C + E, D or D + E until they have been furnished with—
a valid large vehicle off road manoeuvres test pass certificate in respect of that category; or
a certificate or certificates relating to the passing of those parts of the Northern Ireland test referred to in sub-paragraph (a); and
must, before taking a practical test in relation to a vehicle in category C, C + E, D or D + E, or in sub-category C1, C1 + E, D1 or D1 + E, have passed the large vehicle off road manoeuvres test in respect of a vehicle in the same category or sub-category and transmission as that in respect of which the practical test is to be taken within the last six months.
Annotations
Textual amendments
- F1
Regs. 40A-40C inserted (7.7.2008) by The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2008 (S.I. 2008/1435), regs. 1(1), 14 (with reg. 22)
- F2
Words in reg. 40A(1) inserted (1.5.2010) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2010 (S.I. 2010/1203), regs. 1(2), 19
- F3
Words in reg. 40A(1)(a) inserted (30.3.2009) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2009 (S.I. 2009/788), regs. 1(2), 19(a)(i) (with reg. 33)
- F4
Words in reg. 40A(1)(b) omitted (30.3.2009) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2009 (S.I. 2009/788), regs. 1(2), 19(a)(ii)(aa) (with reg. 33)
- F5
Words in reg. 40A(1)(b) substituted (30.3.2009) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2009 (S.I. 2009/788), regs. 1(2), 19(a)(ii)(bb) (with reg. 33)
- F6
Reg. 40A(1)(b)(ii) substituted (30.3.2009) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2009 (S.I. 2009/788), regs. 1(2), 19(a)(ii)(cc) (with reg. 33)
- F7
Reg. 40A(1A) inserted (30.3.2009) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2009 (S.I. 2009/788), regs. 1(2), 19(b) (with reg. 33)
- F8
Words in reg. 40A(1A) substituted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 24
- F9
Words in reg. 40A(1A)(c) inserted (31.12.2015) by The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2015 (S.I. 2015/1797), regs. 1, 6
- F10
Reg. 40A(2) 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), 17
- F11
Word in reg. 40A omitted (8.4.2025) by virtue of The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2025 (S.I. 2025/356), regs. 1(2), 8
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.