Regulation 40C Passing the testF1
England, Wales and Scotland
A person (“the candidate”) shall be treated as having passed the safe road use test if the candidate satisfies the person conducting the test of the candidate’s knowledge of the matters in Schedule 7 Part 2 other than the excepted matters.
A person shall be treated as having passed the theory test described in regulation F340(1A)(a) or F440(2A)(a) if he satisfies the person conducting the test—
in respect of the standard test of driving theory, of his knowledge and understanding of the specified matters; and
in respect of the standard test of hazard perception, that his performance in the test demonstrates an ability to perceive hazards on the road.
A candidate shall be treated as having passed the theory test described in regulation 3A(1)(ab) if the candidate satisfies the person conducting the test—
in respect of the abridged standard test of driving theory, of the candidate’s knowledge and understanding of the matters specified in Part 2 of Schedule 7; and
in respect of the standard test of hazard perception, that the candidate’s performance in the test demonstrates an ability to perceive hazards on the road.
A person shall be treated as having passed—
the large vehicle test of driving theory if he satisfies the person conducting the test of his knowledge and understanding of the specified matters and the CPC subjects; and
the large vehicle test of hazard perception if he satisfies the person conducting the test that his performance in the test demonstrates an ability to perceive hazards on the road.
A person shall be treated as having passed the F6manoeuvres test, large vehicle off road manoeuvres test or practical test if he satisfies the person conducting it of his ability to drive safely and to comply with the specified requirements.
The specified matters for a standard test of driving theory in respect of a licence authorising the driving of a motor vehicle of a class included in a category shown in column (1) of the table at the end of this regulation are the matters specified in relation to that category in column (2) of the table.
The specified matters for a large vehicle test of driving theory in respect of a licence authorising the driving of a motor vehicle of a class included in a category shown in column (1) of the table at the end of this regulation are the matters specified in relation to that category in column (2) of the table.
F7... The specified requirements for a practical or unitary test in respect of a licence authorising the driving of a motor vehicle of a class included in a category shown in column (1) of the table are the requirements specified in relation to that category in column (3) of the table.
Table
| (1) Category | (2) Specified matters | (3) Specified requirements |
|---|---|---|
| F8AM | Matters specified in Part 1 of Schedule 7. | Requirements specified in Part 1 of Schedule 8. |
| A | Matters specified in Part 1 of Schedule 7. | Requirements specified in Part 1 of Schedule 8. |
| B | Matters specified in Part 2 of Schedule 7. | Requirements specified in Part 2 of Schedule 8. |
| B + E | — | Requirements specified in Part 2 of Schedule 8. |
| C | Matters specified in Part 3 of Schedule 7. | Requirements specified in Part 3 of Schedule 8. |
| D | Matters specified in Part 4 of Schedule 7. | Requirements specified in Part 4 of Schedule 8. |
| C + E | — | Requirements specified in Part 3 of Schedule 8. |
| D + E | — | Requirements specified in Part 4 of Schedule 8. |
| F | — | Requirements specified in Parts 5 and 6 of Schedule 8. |
| G | — | Requirements specified in Parts 5 and 6 of Schedule 8. |
| H | — | Requirements specified in Parts 5 and 7 of Schedule 8. |
| K | — | Requirements specified in Part 5 of Schedule 8. |
| F9. . . | . . . | . . . |
The specified requirements for the manoeuvres test are those specified in Schedule 8A.
The specified requirements for the large vehicle off road manoeuvres test are those specified in Schedule 8B.
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
Reg. 40C(ZA1) inserted (1.5.2010) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2010 (S.I. 2010/1203), regs. 1(2), 21(a)
- F3
Words in reg. 40C(1) inserted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 25(a)
- F4
Word in reg. 40C(1) substituted (31.12.2015) by The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2015 (S.I. 2015/1797), regs. 1, 7
- F5
Reg. 40C(1A) inserted (1.5.2010) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2010 (S.I. 2010/1203), regs. 1(2), 21(b)
- F6
Words in reg. 40C(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), 19(a)
- F7
Words in reg. 40C(6) omitted (30.3.2009) by virtue of The Motor Vehicles (Driving Licences) (Amendment) Regulations 2009 (S.I. 2009/788), regs. 1(2), 21(b) (with reg. 33)
- F8
Words in reg. 40C Table inserted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 25(b)(i)
- F9
Words in reg. 40C Table 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. 25(b)(ii)
- F10
Reg. 40C(7) substituted (30.3.2009) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2009 (S.I. 2009/788), regs. 1(2), 21(c) (with reg. 33)
- F11
Reg. 40C(8) 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), 19(b)
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.