{
  "url": "https://openlegislation.uk/motor-vehicles-driving-licences-regulations-1999/regulation-40A",
  "json_url": "https://openlegislation.uk/motor-vehicles-driving-licences-regulations-1999/regulation-40A.json",
  "legislation": "uksi/1999/2864",
  "legislation_title": "The Motor Vehicles (Driving Licences) Regulations 1999",
  "legislation_url": "https://openlegislation.uk/motor-vehicles-driving-licences-regulations-1999",
  "path": "regulation/40A",
  "kind": "regulation",
  "number": "40A",
  "heading": null,
  "text": "(1) Where a test is required to be conducted in two parts pursuant to regulation 40(2A) or (2C) or consists of three parts pursuant to regulation 40(2B), a person taking the test—\n(a) must pass the theory test or 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\n(b) shall not be entitled to apply for an appointment ... for a practical test in respect of a motor vehicle of a class included in category B until he has been furnished with—\n(i) a valid standard theory test pass certificate stating that he has passed the theory test prescribed in respect of that category, or\n(ii) a certificate relating to the passing of the part of the Northern Ireland test referred to in sub-paragraph (a).\n(1A) Where a test is required to be conducted in three parts pursuant to regulation 40(1A) a person—\n(a) must, pass the theory test in respect of a vehicle in category AM 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;\n(b) 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—\n(i) 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\n(ii) a certificate relating to the passing of the part of the Northern Ireland test referred to in sub-paragraph (a); and\n(c) 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 , 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.\n(2) Where a test is required to be conducted in four parts pursuant to regulation 40(3), a person—\n(a) 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;\n(b) 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—\n(i) a valid large vehicle theory test pass certificate in respect of that category; or\n(ii) a certificate or certificates relating to the passing of those parts of the Northern Ireland test referred to in sub-paragraph (a); ...\n(c) 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—\n(i) a valid large vehicle off road manoeuvres test pass certificate in respect of that category; or\n(ii) a certificate or certificates relating to the passing of those parts of the Northern Ireland test referred to in sub-paragraph (a); and\n(d) 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.",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "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"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "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"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "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"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "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"
    },
    {
      "type": "F",
      "label": "F11",
      "text": "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"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1999/2864/regulation/40A",
    "retrieved_at": "2026-10-29T09:42:23.500437+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}