Regulation 35 Entitlement upon passing a test following disqualification until tested under Article 152 or 196 of the Order

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 35(3(a) words substituted by Motor Vehicles (Driving Licences) 2012 reg. 3(22)(a)
reg. 35(4) words inserted by Motor Vehicles (Driving Licences) 2012 reg. 3(5)(b)
reg. 35(1) words substituted by Motor Vehicles (Driving Licences) 2012 reg. 3(5)(a)
reg. 35(4A) inserted by Motor Vehicles (Driving Licences) 2012 reg. 3(5)(c)
reg. 35(2)(a) words substituted by Motor Vehicles (Driving Licences) 2012 reg. 3(21)(a)
reg. 35(2)(a) words substituted by Motor Vehicles (Driving Licences) 2012 reg. 3(22)(a)
reg. 35(2)(c) words substituted by Motor Vehicles (Driving Licences) 2012 reg. 3(21)(a)
reg. 35(2)(c) words substituted by Motor Vehicles (Driving Licences) 2012 reg. 3(22)(a)
reg. 35(3)(a) words substituted by Motor Vehicles (Driving Licences) 2012 reg. 3(21)(a)
reg. 35(3)(c) words substituted by Motor Vehicles (Driving Licences) 2012 reg. 3(21)(a)
reg. 35(3)(c) words substituted by Motor Vehicles (Driving Licences) 2012 reg. 3(22)(a)
reg. 35(4)(b) words substituted by Motor Vehicles (Driving Licences) 2012 reg. 3(21)(b)
reg. 35(6) added by Motor Vehicles (Driving Licences) 2012 reg. 3(21)(c)
reg. 35(6)(a) words substituted by Motor Vehicles (Driving Licences) 2012 reg. 3(22)(b)

(1)

Where a person—

(a)

is disqualified by order of a court under Article 152 or 196 of the Order until tested; and

(b)

passes the driving test prescribed in respect of a class of motor vehicles included in any category,

the disqualification shall be deemed to have expired in relation to that class and such other classes of motor vehicle as are specified in paragraphs (2), (3) and (4).

(2)

Subject to paragraph (4), the disqualification shall be deemed to have expired in relation to all classes of vehicle included in the category or sub-category referred to in paragraph (1)(b) unless—

(a)

the test or, as the case may be, the practical test is passed on a motor vehicle with automatic transmission, in which case the disqualification shall be deemed to have expired only in relation to such classes of vehicle included in that category or sub-category as have automatic transmission;

(b)

the practical test is passed on an invalid carriage, in which case the disqualification shall be deemed to have expired in relation only to invalid carriages;

(c)

the test or, as the case may be, the practical test, is passed on a motor vehicle which is adapted on account of a disability of the person taking the test, in which case the disqualification shall be deemed to have expired only in relation to such classes of motor vehicle included in that category or sub-category as are so adapted (and for the purposes of this paragraph, a motor bicycle with a side-car may be treated as an appropriate case as a motor vehicle adapted on account of a disability).

(3)

The disqualification shall be deemed to have expired in relation to all classes of vehicle included in any other category which is specified in column (2) of Schedule 1 as being an additional category or sub-category in relation to that category or sub-category unless—

(a)

the test or, as the case may be, the practical test is passed on a vehicle with automatic transmission, in which case the disqualification shall be deemed to have expired only in relation to such classes of motor vehicle included in the additional category or sub-category as have automatic transmission;

(b)

the practical test is passed on an invalid carriage, in which case the disqualification shall be deemed to have expired only in relation to invalid carriages;

(c)

the test or, as the case may be, the practical test, is passed on a vehicle which is adapted on account of a disability of the person taking the test, in which case the disqualification shall be deemed to have expired only in relation to such classes of motor vehicle included in the additional category or sub-category as are so adapted.

(4)

Where the person who is disqualified passes the practical test on a vehicle of a class included in category B the disqualification shall be deemed to have expired additionally in relation to all classes of vehicle included in—

(a)

categories B + E, C, C + E, D and D + E unless that test is passed on a vehicle with automatic transmission, in which case the disqualification shall be deemed to have expired only in relation to such classes of motor vehicle included in those categories as have automatic transmission; and

(b)

categories F, G, H, K, L and P.

(5)

Where a person is, pursuant to regulation 45, disqualified by the Department until he passes a driving test prescribed in respect of a class of large goods or passenger-carrying vehicle, the disqualification shall not be deemed to have expired in relation to any class of large goods or passenger-carrying vehicle until he passes that test.