Motor Vehicles (Driving Licences) (Amendment No. 2) Regulations (Northern Ireland) 1996

Link to law: http://www.legislation.gov.uk/nisr/1996/197/made/data.htm?wrap=true
Published: 1996-05-15

Statutory Rules of Northern Ireland
1996 No. 197

ROAD TRAFFIC AND VEHICLES
Motor Vehicles (Driving Licences) (Amendment No. 2) Regulations (Northern Ireland) 1996

Made
15th May 1996

Coming into operation in accordance with regulation 1.
The Department of the Environment, in exercise of the powers conferred on it by Articles 5(3), (4), (5), (6) and (8), 8, 13(1), 19C(1) and (2), 19D(1) and 218(1) of the Road Traffic (Northern Ireland) Order 1981(1) and of all other powers enabling it in that behalf, and in accordance with Article 19C(3) of that Order with the approval of the Department of Finance and Personnel as regards regulation 2(4), hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment No. 2) Regulations (Northern Ireland) 1996 and shall come into operation—

(a)in so far as is necessary for the purpose of enabling persons to apply for theory tests, practical tests and unitary tests, on 3rd June 1996;

(b)for all other purposes, on 1st July 1996.

Amendment of the Motor Vehicles (Driving Licences) Regulations (Northern Ireland) 1994

2.  The Motor Vehicles (Driving Licences) Regulations (Northern Ireland) 1994(2) shall be amended as follows—

(1) In regulation 2(1) (interpretation)—

(a)after the definition of “moped” there shall be inserted—

““practical test” means, where a test is by virtue of these Regulations to be conducted in two parts, the part that consists of the practical test of driving skills and behaviour;” and

(b)after the definition of “the Order” there shall be inserted the following definitions—

““test” means any test of competence to drive conducted pursuant to Article 5 of the Road Traffic (Northern Ireland) Order 1981;

“theory test” means, where a test is by virtue of these Regulations to be conducted in two parts, the part that consists of the theoretical test;

“unitary test” means a test which, by virtue of these Regulations, is to consist of a practical test of driving skills and behaviour;”.

(2) In regulation 4 (grant of licences), after paragraph (1), there shall be inserted—

“(1A) An applicant for a licence who before the licence is granted is required to satisfy the Department that he has passed a test shall at the time when he applies for the licence deliver to the Department, in support of that application, either—

(a)a certificate furnished under regulation 18A(1)(a), or

(b)where paragraphs (3), (4), and (5) of regulation 16A apply, certificates furnished under regulations 18(2)(a) and 18A(2) in accordance with paragraph (3) of that regulation.”.

(3) In regulation 7 (conditions attached to provisional licences), in paragraph (1), for the words from “Provided that” to the end of the paragraph, there shall be substituted—

“(1A) The conditions specified in paragraph (1) shall not apply in relation to the driving of motor vehicles of any class where the provisional licence holder has passed a test by virtue of which he is entitled to be granted a licence authorising him to drive vehicles of that class.”.

(4) For Part III (tests of competence)(3) there shall be substituted the provisions set out in Schedule 1.

(5) After regulation 27 (persons who become resident in Northern Ireland) there shall be inserted—

“Categories of entitlement

27A.—(1) Subject to paragraph (3), licences shall be granted authorising the driving of motor vehicles in accordance with the categories specified in columns (1) and (2) of Schedule 3 and those categories are designated as groups for the purposes of Articles 5(1)(b) and 6(4)(a) of the Road Traffic (Northern Ireland) Order 1981.

(2) In these Regulations, unless the context otherwise requires, any reference to category B means that category including category B1.

(3) Where a person holds, or has held, a licence authorising him to drive vehicles of a class included in any category he is deemed competent to drive—

(a)vehicles of all classes included in that category unless by that licence he is or was authorised to drive—

(i)only motor vehicles having automatic transmission, in which case he shall be deemed competent to drive only such classes of vehicle included in that category as have automatic transmission;

(ii)only invalid carriages, in which case he shall be deemed competent to drive only such classes of vehicle included in category B1 as are invalid carriages;

(iii)only motor vehicles adapted on account of a disability, in which case he shall be deemed competent to drive only such classes of vehicle included in that category as are so adapted; and

(b)all classes of vehicle included in any other category which is specified in column (3) of Schedule 3 as an additional category in relation to that category unless by that licence he is or was authorised to drive—

(i)only motor vehicles having automatic transmission and the additional category is C1, D1, B plus E, C1 plus E or D1 plus E, in which case he shall be deemed competent to drive only such classes of motor vehicle included in the additional category as have automatic transmission,

(ii)only invalid carriages, in which case he shall be deemed competent to drive only such classes of vehicle included in category B1 as are invalid carriages,

(iii)only motor vehicles adapted on account of a disability, in which case he shall be deemed competent to drive only such classes of vehicle included in the additional category as are so adapted.”.

(6) For Schedule 3 (categories of motor vehicles for test purposes) there shall be substituted the provisions set out in Schedule 2.

(7) For Schedule 4 (additional requirements for driving tests) there shall be substituted the provisions set out in Schedule 3.

(8) For Schedule 6 (form of certificate and statement of driving test result) there shall be substituted the provisions set out in Schedule 4.

Revocation

3.  The Motor Vehicles (Driving Licences) (Amendment) (Test Fees) Regulations (Northern Ireland) 1996(4) are hereby revoked.

Sealed with the Official Seal of the Department of the Environment on

L.S.
Trevor Pearson
Assistant Secretary
15th May 1996.

The Department of Finance and Personnel hereby approves regulation 2(4).

Sealed with the Official Seal of the Department of Finance and Personnel on

L.S.
J. G. Sullivan
Assistant Secretary
15th May 1996.

See regulation 2(4)

SCHEDULE 1Provisions inserted in substitution for Part III

“Part IIITests of Competence to Drive

Preliminary

Interpretation of Part III

13.  In this Part—

“applicant” means an individual making an application for an appointment for a test or a part of a test with a view to taking the test or that part thereof himself;

“appointed person” means a person appointed by the Department to conduct theory tests under regulation 14A(1)(a);

“examiner” means a person appointed by the Department to conduct practical or unitary tests;

“working day” means a day other than a Saturday, Sunday or public holiday.

Appointment of persons to conduct tests

Persons by whom practical and unitary tests may be conducted

14.  Practical and unitary tests may be conducted by any of the following persons—

(a)an examiner;

(b)the Secretary of State for Defence, in so far as concerns the testing of persons in the public service of the Crown under his department;

(c)the Chief Constable of the Royal Ulster Constabulary, in so far as concerns the testing of—

(i)members of a police force; or

(ii)persons employed, or to be employed, in the driving of motor vehicles for police purposes;

(d)a person authorised with the approval of the Department by a person specified in paragraph (b) or (c), to conduct tests on his behalf.

Persons by whom theory tests may be conducted

14A.—(1) Theory tests may be conducted by—

(a)an appointed person;

(b)the Department, in so far as concerns the testing of persons in the public service of the Crown;

(c)the Secretary of State for Defence, in so far as concerns the testing of persons in the public service of the Crown;

(d)subject to the approval of the Department, a person appointed by the Secretary of State for Defence to conduct theory tests on his behalf.

(2) An appointment made under paragraph (1)(a) may be made subject to such conditions as are, in the opinion of the Department, reasonably necessary in the general interests of candidates and where an appointed person fails to comply with such a condition the Department may appoint another person to carry out theory tests in substitution for that person notwithstanding that the first appointment has not been revoked.

Revocation of authority to conduct tests

14B.  The Department may revoke—

(a)an appointment made under regulation 14A(1)(a); or

(b)an approval given under regulation 14(d) or 14A(1)(d),

by notice in writing and the authority of the person whose appointment is revoked or whose approval is withdrawn to conduct unitary, practical or theory tests, as the case may be, shall cease upon the date specified in the notice.

Applications for tests

Applications for practical and unitary tests

15.—(1) An applicant wishing to take a practical or unitary test to be conducted by an examiner shall—

(a)apply for an appointment for such a test to the Department;

(b)provide the Department with such details relating to himself, the licence which he holds, the preferred location of the test, the nature of the test and the vehicle on which the test is to be taken as the Department may reasonably require; and

(c)pay such fee as is specified in regulation 15A.

(2) Upon receipt of such details and such fee the Department shall make the arrangements necessary for the taking of the appropriate test.

(3) An applicant for whom an appointment is made as aforesaid in respect of a motor vehicle in any category may not apply for a further appointment for a practical or, as the case may be, a unitary test on a vehicle of the same class unless—

(a)the first appointment has been cancelled;

(b)the test due on the first appointment does not take place for any reason other than cancellation; or

(c)he has kept the first appointment (whether or not the test is completed).

Fees in respect of practical and unitary tests

15A.—(1) The following provisions of this regulation shall apply in the case of a person who submits himself for a practical or a unitary test or applies for an appointment for such a test.

(2) Subject to paragraph (5), the fee payable in respect of a practical or a unitary test to be taken in any vehicle, except a motor cycle, and conducted on a week day other than a Saturday by an examiner shall be—

(a)in the case of a practical or a unitary test which is due to commence before half past four in the afternoon, £27·00; and

(b)in the case of a practical or a unitary test which is due to commence at or after that time, £38·50.

(3) Subject to paragraph (5), the fee payable in respect of a practical or a unitary test to be taken in any vehicle, except a motor cycle, and conducted on a Saturday, by an examiner shall be £38·50.

(4) The fees payable in respect of a practical or a unitary test to be taken on a motor cycle where that test is to be conducted on the days and times referred to in paragraphs (2)(a), (b) and (3) by an examiner, shall be respectively £38·00, £48·50 and £48·50.

(5) No fee shall be payable in respect of a test to be taken in an invalid carriage.

(6) No fee shall be payable in respect of a test conducted by a person specified in paragraph (b) or (c) of regulation 14.

Applications for theory tests

15B.—(1) An applicant wishing to take a theory test to be conducted by an appointed person shall—

(a)apply for an appointment to that person;

(b)provide that person with such details relating to himself, the licence which he holds, the preferred location of the test, and the nature of the test to be taken as he may reasonably require; and

(c)pay the fee specified in regulation 15C.

(2) Upon receipt of such details and such fee the appointed person shall make the arrangements necessary for taking the theory test.

(3) An applicant for whom an appointment is made as aforesaid in respect of any category of motor vehicle may not apply for a further appointment for a theory test in respect of the same category unless—

(a)the first appointment has been cancelled; or

(b)the test due on the first appointment does not take place for any reason other than cancellation; or

(c)he has kept the first appointment (whether or not the test is completed).

Fees for theory tests

15C.  The fee payable for a theory test to be conducted by an appointed person in respect of any category of motor vehicle shall be £16·50 and is payable to the Department.

Cancellation of tests

15D.  For the purposes of Article 8(b) of the Road Traffic (Northern Ireland) Order 1981 (which specifies the cases in which a fee paid on an application for an appointment for a test may be repaid) notice cancelling an appointment—

(a)for a practical or unitary test to be conducted by an examiner must be given to the Department not less than 3 clear working days before the day for which the appointment is made;

(b)for a theory test to be conducted by an appointed person must be given not less than 3 clear working days before the day for which the appointment is made.

Nature and conduct of tests

Nature of tests

16.—(1) Subject to regulation 16B, the test for a licence authorising the driving of a motor vehicle of a class included in category A, B or P shall be conducted in two parts, namely—

(a)a theoretical test; and

(b)a practical test of driving skills and behaviour,

and a person taking such a test must pass both parts.

(2) A person shall be treated as having passed—

(a)the theory test is he satisfies the person conducting it that he has a knowledge and sound understanding of the specified matters; and

(b)the practical test if he satisfies the person conducting it of his ability to comply with the specified requirements.

(3) The test for a licence authorising the driving of a motor vehicle of a class included in any other category 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 it that—

(a)he is generally competent to drive a vehicle of that class—

(i)without danger to, and with due consideration for, other road users; and

(ii)in accordance with the Highway Code; and

(b)he is able to comply with the specified requirements.

(4) The practical test and the unitary test shall each be conducted so that—

(a)the person taking the test drives, wherever possible, both on roads outside built-up areas and on urban roads;

(b)the time during which that person is required to drive on roads is not less than 25 minutes.

(5) The theory test shall—

(a)be conducted as a written examination consisting of 35 questions, which may be in a multiple choice or multiple response form, testing a candidate on the specified matters in accordance with Schedule 4;

(b)have a duration of 40 minutes or, in the circumstances specified in paragraph (6), 80 minutes.

(6) The circumstances referred to in paragraph (5) are that the candidate requires the assistance of a suitably qualified person by virtue of having reading difficulties.

(7) The specified matters for a theory test for 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 matters specified in relation to that category in column 2.

(8) The specified requirements for a practical or unitary test for 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.

TABLE

Column 1
Column 2
Column 3

Category
Specified matters
Specified requirements

A
Matters specified in Part 1 of Schedule 4
Requirements specified in Part 1 of Schedule 4A

B
Matters specified in Part 2 of Schedule 4
Requirements specified in Part 2 of Schedule 4A

F

Requirements specified in Parts 3 and 4 of Schedule 4A

G

Requirements specified in Parts 3 and 4 of Schedule 4A

H

Requirements specified in Parts 3 and 5 of Schedule 4A

K

Requirements specified in Part 3 of Schedule 4A

L

Requirements specified in Parts 3 and 4 of Schedule 4A

N

Requirements specified in Part 3 of Schedule 4A

P
Matters specified in Part 1 of Schedule 4
Requirements specified in Part 1 of Schedule 4A

Order of test

16A.—(1) Where a test is required to be conducted in two parts, unless he makes an election in accordance with paragraph (2), a person taking the test—

(a)must pass the theory test before he takes the practical test, and

(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 any category until he has been furnished with a certificate under regulation 18(2)(a) stating that he has passed the relevant theory test.

(2) A person may elect to apply for a practical test before he has been furnished with such certificate as is referred to in paragraph (1)(b) if the application is for an appointment for a test to be taken on or before 31st December 1996 and where he passes that practical test on or before that date the following paragraphs shall apply.

(3) He may not submit the certificate furnished under regulation 18A(2) in respect of that practical test, in support of an application for a licence, as evidence that he has passed a test unless it is accompanied by—

(a)a certificate furnished under regulation 18(2)(a) stating that he has, during the relevant period, passed the relevant theory test; or

(b)a certificate corresponding to such a certificate furnished under the law of Great Britain stating that he has during the relevant period passed the theory test in respect of the same category.

(4) If he does not pass the relevant theory test during the relevant period, the passing of the practical test shall from the expiration of that period be disregarded for the purposes of regulations 7(1A), and 16.

(5) In this regulation—

“the relevant theory test” means the theory test prescribed in respect of the category in which includes the class of motor vehicle on which he takes the practical test is included,

“the relevant period” means the period commencing with the date on which the practical test is passed and ending on the date which falls 6 months later.

Exemption from theory test

16B.—(1) A person is exempt from the requirement to pass a theory test for the purpose of obtaining a licence authorising him to drive a motor vehicle of a class included in category A if he has passed—

(a)on or after 1st July 1996, the test prescribed in respect of category P;

(b)a test prescribed in respect of motor vehicles of a class included in category B, or

(c)a Great Britain test of competence corresponding to either of those tests.

(2) A person is exempt from the requirement to pass a theory test for the purpose of obtaining a licence authorising him to drive a motor vehicle of a class included in category B if he has passed—

(a)on or after 1st July 1996, a test prescribed in respect of category P;

(b)a test prescribed in respect of motor vehicles of another class included in Category B;

(c)the test prescribed in respect of motor vehicles of a class included in category A; or

(d)a Great Britain test of competence corresponding to any of those tests.

Entitlements upon passing test

Entitlement upon passing a test

16C.  Where a person has passed a test prescribed in respect of a class of motor vehicles included in any category he shall be granted a licence authorising him to drive—

(a)all classes of motor vehicle included in that category unless—

(i)the test or, as the case may be, the practical test is passed on a motor vehicle with automatic transmission, in which case he shall be granted a licence authorising him to drive only such classes of motor vehicle included in that category as have automatic transmission;

(ii)the practical test is passed on an invalid carriage, in which case he shall be granted a licence authorising him to drive such classes of vehicle included in category B1 as are invalid carriages;

(iii)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 he shall be granted a licence authorising him to drive only such classes of motor vehicle included in that category as are so adapted; and

(b)all classes of vehicle included in any other category which is specified in column (3) of Schedule 3 as an additional category in relation to that category unless—

(i)the test or, as the case may be, the practical test is passed on a motor vehicle with automatic transmission and the additional category is B plus E, C1, D1, C1 plus E or D1 plus E, or F, in which case he shall be granted a licence authorising him to drive only such classes of motor vehicle included in the additional category as have automatic transmission;

(ii)the practical test is passed on an invalid carriage, in which case he shall be granted a licence authorising him to drive only such classes of vehicle included in category B1 as are invalid carriages;

(iii)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 he shall be granted a licence authorising him to drive only such classes of vehicle included in the additional category as are so adapted.

Vehicles suitable for test

17.—(1) A practical or unitary test for a licence authorising the driving of a motor vehicle included in a category shown in column 1 of the table shall be conducted in a vehicle of a specification shown in relation to that category in column 2.

TABLE

Column 1
Column 2

Category
Specification

A
A motor bicycle without a sidecar having a cubic capacity of not more than 250 cc

B
A four-wheeled category B vehicle capable of a speed of 100 kph

B1
Any vehicle in category B1

F
Any vehicle in category F

G
Any vehicle in category G

H
Any vehicle in category H

K
Any vehicle in category K

L
Any vehicle in category L

N
Any vehicle in category N

P
Any vehicle in category P

(2) A person submitting himself for a practical or unitary test shall provide a vehicle which—

(a)corresponds to the specification referred to in paragraph (1);

(b)is not fitted with a device designed to permit a person other than the driver to operate the accelerator, unless any pedal or lever by which the device is operated and any other parts which it may be necessary to remove to make the device inoperable by such a person during the test have been removed; and

(c)is otherwise suitable for the purposes of the test.

Further requirements at tests

17A.—(1) A person submitting himself for a theory test shall—

(a)before the test commences—

(i)produce to the person conducting the test an appropriate licence authorising him to drive a vehicle of the category in respect of which the test is to be taken; and

(ii)sign a record of his attendance at the test;

(b)during the test comply with all reasonable instructions given by the invigilator for the purpose of ensuring the proper and orderly conduct of the test.

(2) A person submitting himself for a practical test on a motor vehicle of a class included in any category shall, except in a case where—

(a)he has made an election in accordance with regulation 16A(2), or

(b)he is exempt from the requirement to pass a theory test by virtue of regulation 16B,

produce to the person conducting the test before the test commences a valid certificate furnished under regulation 18(2)(a) showing that he has passed the theory test prescribed in respect of motor vehicles included in the same category or a certificate corresponding to such a certificate furnished under the law of Great Britain.

(3) A person submitting himself for a practical or unitary test shall, before the test commences—

(a)produce to the person conducting the test an appropriate licence authorising him to drive a vehicle of the class on which the test is to be taken, and

(b)sign, on a form produced to him by the person conducting the test, a declaration to the effect that there is in force, in relation to the use of the vehicle provided for the purposes of the test, a policy of insurance which complies with the requirements of Part VIII of the Road Traffic (Northern Ireland) Order 1981(5).

(4) A person submitting himself for a practical or unitary test shall, during the test—

(a)except when the test is for a licence authorising him to drive a vehicle of a class included in category A or category P, allow to travel in the vehicle—

(i)the person authorised to conduct the test; and

(ii)any person authorised by the Department to attend the test for the purpose of supervising it or otherwise;

(b)when the test is for a licence authorising him to drive a vehicle of a class included in category A or category P, allow the attendance of—

(i)the person authorised to conduct the test; and

(ii)any person authorised by the Department for the purpose of supervising the test or otherwise.

(5) In this regulation, “appropriate licence” means a licence which—

(a)is valid at the date of the test;

(b)bears the signature of the person who has submitted himself for the test; and

(c)is either—

(i)a provisional licence authorising the person submitting himself for the test to drive motor vehicles of the same class as the vehicle in which he has provided for the test, or

(ii)a full licence which by virtue of Article 14(2) of the Road Traffic (Northern Ireland) Order 1981, authorises that person to drive motor vehicles of that class subject to the same conditions as if he were so authorised by a provisional licence, or

(iii)a Great Britain licence corresponding to either of those licences.

Examiner’s right to refuse to conduct test

17B.—(1) Subject to paragraph (2), where a person submitting himself for a theory test, a practical test or a unitary test fails to satisfy the examiner that he has complied with any requirement imposed in relation to that test by regulation 17(2) or paragraph (1), (2), (3) or (4) of regulation 17A, the person authorised to conduct the test may refuse to do so.

(2) Where the person who has submitted himself for a practical test fails to produce a document required to be produced under regulation 17A(1)(a)(i) or (2), if the person authorised to conduct the test is satisfied from other evidence that the document nevertheless exists he may conduct the test.

Test results

Evidence of results of theory tests

18.—(1) A person conducting a theory test shall, as soon as practicable after its completion, arrange for the test paper returned by a test candidate to be marked for the purpose of ascertaining whether the candidate has demonstrated a knowledge and sound understanding of the specified matters in accordance with these Regulations.

(2) A person conducting the theory test shall furnish—

(a)a person who passes the test with a certificate (a “pass certificate”) in the form set out in Part 1 of Schedule 5;

(b)a person who fails to pass the test with a statement (a “failure certificate”) in the form set out in Part 2 of Schedule 5.

(3) Where a person who has conducted a theory test is satisfied that a pass certificate or a failure statement has been furnished in error to a person who took a theory test, he shall, upon receipt of that document from the person who took the test and subject to paragraph (4), furnish that person with a correct certificate or statement, as the case may be.

(4) Where the person who took the test alleges that a failure statement has been furnished in error returns the statement not later than 14 days after it was sent to him to the person who conducted the test with a request in writing that the paper be remarked, the person who conducted the test shall comply with that request for the purpose of ascertaining whether an error has been made but subject thereto he shall not be obliged to remark any paper.

(5) A pass certificate issued in error may not be presented, in support of an application for a licence, as evidence that a person has passed the test mentioned in such certificate.

(6) A pass certificate shall be valid for the purposes of regulation 17A(2) for a period commencing on the date on which the test was taken and ending on the date which falls two years later.

Evidence of the result of practical and unitary tests

18A.—(1) Subject to paragraph (2), a person conducting a practical test shall give to—

(a)a person who passes the test a certificate in the form set out in Part 1 of Schedule 6;

(b)a person who fails to pass the test a statement in the form set out in Part 2 of Schedule 6.

(2) Where, by virtue of regulation 16A(2), a person—

(a)elects to apply for an appointment for a practical test before being furnished with a certificate stating that he has passed a theory test, and

(b)passes that practical test taken on that appointment,

the person conducting the practical test shall furnish that person with a certificate in the form set out in Part 3 of Schedule 6.

(3) Where the person who took the practical test has produced a valid theory test pass certificate under regulation 17A(2), he shall surrender that certificate to the person conducting the test upon receipt of the certificate furnished under paragraph (1)(a).

(4) A person conducting a unitary test shall give to—

(a)a person who passes the test a certificate to that effect in the form set out in Part 1 of Schedule 6;

(b)a person who fails to pass the test a statement to that effect in the form set out in Part 2 of Schedule 6.”

See regulation 2(6)

SCHEDULE 2Provisions substituted for Schedule 3

See regulation 27A

“SCHEDULE 3Categories of Vehicle for Licensing Purposes

Column 1
Column 2
Column 3

Category
Classes of vehicle included in category
Additional categories covered by test pass

A
Motor bicycle (with or without a side-car) but excluding any motor vehicle in category K or P
B1 and P

B

Motor vehicle having a maximum authorised mass not exceeding 3.5 tonnes and having not more than 8 seats in addition to the driver’s seat, including such a vehicle drawing a trailer having a maximum authorised mass not exceeding 750 kg but excluding any motor vehicle included in another category

B1, B plus E, C1, C1 plus E, D1, D1 plus E, F, K, L, N and P

B1
Motor tricycle with an unladen mass not exceeding 500 kg and having a minimum design speed not exceeding 50 km per hour, but excluding any motor vehicle included in category K, L or P
K, L and P

C1
Motor vehicle used for the carriage of goods having a maximum authorised mass exceeding 3.5 tonnes but not exceeding 7.5 tonnes and including such a vehicle drawing a trailer with a maximum authorised mass not exceeding 750 kg.

D1
Motor vehicle used for the carriage of passengers, otherwise than for hire or reward, having more than 8 but not more than 16 seats in addition to the driver’s seat and including such a vehicle drawing a trailer with a maximum authorised mass not exceeding 750 kg

B plus E
Combination of a motor vehicle in Category B and a trailer having a maximum authorised mass exceeding 750 kg.

C1 plus E
Combination of a motor vehicle in category C1 and a trailer having a maximum authorised mass exceeding 750 kg where the maximum authorised mass of the combination does not exceed 8.25 tonnes

D1 plus E
Combination of a motor vehicle in category D1 and a trailer having a maximum authorised mass exceeding 750 kg

F
Agricultural tractor, but excluding any motor vehicle including in category H
K

G
Road roller

H
Track-laying vehicle steering by its tracks

K
Mowing machine or pedestrian-controlled vehicle

L
Motor vehicle propelled by electrical power but excluding any motor vehicle included in category A, K or P
K

N

Motor vehicle exempted from duty under section 20A of the Vehicle Excise and Registration Act 1994(6)

P
Moped.”

See regulation 2(7)

SCHEDULE 3Provisions substituted for Schedule 4


See regulation 16(5)

“SCHEDULE 4Specified matters for theory test

Part 1Categories A and P

The specified matters are set out at paragraphs A to G. The person conducting the test shall examine candidates on all the items included in paragraphs A to G but need not examine them on every item mentioned in paragraphs F and G provided that he asks at least one question about them at random.

A. Road traffic regulation

Road traffic regulations including road signs, road markings, signals, rights of way and speed limits.

B. The driver

1.  The importance of driver alertness and attitudes to other road users.

2.  Perception, judgement and decision-making, including especially reaction time and changes in driver behaviour due to the influence of alcohol, drugs and medicinal products, state of mind and fatigue.

C. The road

1.  The most important principles concerning the observance of safe distance between vehicles, braking distances and road-holding under various weather and road conditions.

2.  Driving risk factors related to various road conditions, in particular as they change with the weather and the time of day or night.

3.  Characteristics of various types of road and the related statutory requirements.

D. Other road users

1.  Specific risk factors related to the lack of experience of other road users and the most vulnerable categories of user such as children, pedestrians, cyclists and people whose mobility is reduced.

2.  Risks involved in the movement and driving of various types of vehicle and of the different fields of view of their drivers.

E. General rules and regulations and other matters

1.  Rules concerning the administrative documents required for the use of vehicles.

2.  General rules specifying how the driver must behave in the event of an accident (setting warning device and raising the alarm) and the measures which he can take to assist road accident victims where necessary.

3.  Safety factors relating to persons carried, including balancing with a passenger.

F. Road and vehicle safety

1.  Mechanical aspects of the vehicle with a bearing on road safety, i.e. the detection of the most common faults, in particular in the steering, suspension and brake systems, tyres, lights and direction indicators, reflectors, rear-view mirrors and the exhaust system.

2.  Vehicle safety equipment including, in particular, the use of crash helmets and visors.

G. Environmental matters

Rules regarding vehicle use in relation to the environment, including the appropriate use of audible warning devices, moderate fuel consumption, limitation of pollutant emissions, and so on.

Part 2Category B

The specified matters are set out at paragraphs A to G. The person conducting the test shall examine candidates on all the items included in paragraphs A to G but need not examine them on every item mentioned in paragraphs F and G provided that he asks at least one question about them at random.

A. Road traffic regulation

Road traffic regulations including road signs, road markings, signals, rights of way and speed limits.

B. The driver

1.  The importance of driver alertness and attitudes to other road users.

2.  Perception, judgement and decision-making, including especially reaction time and changes in driver behaviour due to the influence of alcohol, drugs and medicinal products, state of mind and fatigue.

C. The road

1.  The most important principles concerning the observance of safe distance between vehicles, braking distances and road-holding under various weather and road conditions.

2.  Driving risk factors related to various road conditions, in particular as they change with the weather and the time of day or night.

3.  Characteristics of various types of road and the related statutory requirements.

D. Other road users

1.  Specific risk factors related to the lack of experience of other road users and the most vulnerable categories of user such as children, pedestrians, cyclists and people whose mobility is reduced.

2.  Risks involved in the movement and driving of various types of vehicle and of the different fields of view of their drivers.

E. General rules and regulations and other matters

1.  Rules concerning the administrative documents required for the use of vehicles.

2.  General rules specifying how the driver must behave in the event of an accident (setting warning device and raising the alarm) and the measures which he can take to assist road accident victims where necessary.

3.  Safety factors relating to persons carried.

F. Road and vehicle safety

1.  Mechanical aspects of the vehicle with a bearing on road safety, i.e. the detection of the most common faults, in particular in the steering, suspension and brake systems, tyres, lights and direction indicators, reflectors, rear-view mirrors, windscreen and wipers, and the exhaust system and seat-belts.

2.  Vehicle safety equipment including, in particular, the use of seat-belts and child safety equipment.

G. Environmental matters

Rules regarding vehicle use in relation to the environment, including the appropriate use of audible warning devices, moderate fuel consumption, limitation of pollutant emissions, and so on.

See regulation 16(5)

SCHEDULE 4ASpecified requirements for practical or unitary test

Part 1Categories A and P

Test candidates must satisfy the examiner as to—

(a)their ability to—

(i)carry out properly the activities; and

(ii)perform competently, without danger to and with due consideration for other road users, the manoeuvres,

specified in paragraphs A to E in accordance with those paragraphs;

(b)their understanding of how to balance safely with a passenger.

A. Eyesight

Read in good daylight (with the aid of corrective lenses if worn) a registration mark fixed to a motor vehicle and containing letters and figures 79.4 millimetres high at a distance of 20.5 metres.

B. Preparation to drive

1.  Adjust rear view mirrors.

2.  Adjust crash helmet.

3.  Remove motor bicycle from its stand and move it, without the aid of the engine, by walking alongside it.

C. Technical control of the vehicle

1.  Start the engine and moving off smoothly (uphill and downhill as well as on the flat).

2.  Accelerate to a suitable speed while maintaining a straight course, including during gear-changes.

3.  Adjust speed to negotiate left or right turns at junctions, possibly in restricted spaces, while maintaining control of the vehicle.

4.  Lean over to turn.

5.  Keep balance at various speeds.

6.  Brake accurately to a stop, if need be by performing an emergency stop.

7.  Cause the vehicle to face in the opposite direction by driving it forward (“U” turn).

8.  Park the vehicle on its stand.

D. Behaviour in traffic

1.  Observe (including the use of the rear-view mirrors) road alignment, markings, signs and potential or actual risks.

2.  Communicate with other road users using the authorised means.

3.  React appropriately in actual risk situations.

4.  Comply with road traffic regulations and the instructions of the police, traffic wardens, etc.

5.  Move off from the kerb or a parking space.

6.  Drive with the vehicle correctly positioned on the road, adjusting speed to traffic conditions and the line of the road.

7.  Keep the right distance between vehicles.

8.  Change lanes.

9.  Pass parked or stationary vehicles and obstacles.

10.  Approach and cross junctions.

11.  Turn right and left at junctions or to leave the carriageway.

12.  Where the opportunity arises—

(a)Pass oncoming vehicles, including passing in confined spaces.

(b)Overtake in various situations.

(c)Approach and cross level-crossings.

E. Alighting from vehicle

Take all precautions necessary when alighting.

Part 2Category B

Test candidates must satisfy the examiner as to their ability to—

(a)carry out properly the activities; and

(b)perform competently, without danger to and with due consideration for other road users, the manoeuvres,

specified in paragraphs A to E in accordance with those paragraphs.

A. Eyesight

Read in good daylight (with the aid of corrective lenses if worn) a registration mark fixed to a motor vehicle and containing letters and figures 79.4 millimetres high at a distance of 20.5 metres.

B. Preparation to drive

1.  Adjust the seat as necessary to obtain a correct seating position.

2.  Adjust rear view mirrors and seat belt.

3.  Check that the doors are closed.

C. Technical control of the vehicle

1.  Start the engine and move off smoothly (uphill and downhill as well as on the flat).

2.  Accelerate to a suitable speed while maintaining a straight course, including during gear-changes.

3.  Adjust speed to negotiate left or right turns at junctions, possibly in restricted spaces, while maintaining control of the vehicle.

4.  Brake accurately to stop, if need be by performing an emergency stop.

5.  Perform any two of the following manoeuvres—

(a)Reverse in a straight line and reverse right or left round a corner while keeping within the correct traffic lane.

(b)Turn the vehicle to face the opposite way, using forward and reverse gears.

(c)Park the vehicle and leave a parking space (parallel, oblique or right-angle) both forwards and in reverse, on the flat, uphill and downhill.

D. Behaviour in traffic

1.  Observe (including the use of the rear-view mirrors) road alignment, markings, signs and potential or actual risks.

2.  Communicate with other road users using the authorised means.

3.  React appropriately in actual risk situations.

4.  Comply with road traffic regulations and the instructions of the police, traffic wardens, etc.

5.  Move off from the kerb or a parking space.

6.  Drive with the vehicle correctly positioned on the road, adjusting speed to traffic conditions and the line of the road.

7.  Keep the right distance between vehicles.

8.  Change lanes.

9.  Pass parked or stationary vehicles and obstacles.

10.  Approach and cross junctions.

11.  Turn right and left at junctions or to leave the carriageway.

12.  Where the opportunity arises—

(a)Pass oncoming vehicles, including in confined spaces.

(b)Overtake in various situations.

(c)Approach and cross level-crossings.

E. Alighting from vehicle

Take all precautions necessary when alighting.

Part 3Unitary Test: Categories F, G, H, K, L and N

1.  Read in good daylight (with the aid of corrective lenses if worn) a registration mark fixed to a motor vehicle and containing letters and figures 79.4 millimetres high at a distance of—

(a)12.3 metres, in the case of a unitary driving test conducted in respect of a vehicle included in category K;

(b)20.5 metres in any other case.

2.  Start the engine of the vehicle.

3.  Move away straight ahead or at an angle.

4.  Overtake, meet or cross the path of other vehicles and take an appropriate course.

5.  Turn right-hand and left-hand corners correctly.

6.  Stop the vehicle in an emergency and normally and, in the latter case, bring it to rest in an appropriate part of the road.

Part 4Unitary test: Categories F, G and L

1.  Carry out manoeuvres involving the use of reverse gear (except in a case where the vehicle is not fitted with a means of reversing).

2.  Indicate intended actions at appropriate times by giving appropriate signals in a clear and unmistakable manner.

In the case of a test taken on a vehicle with a left-hand drive or by a disabled person for whom it is impracticable or undesirable to give signals by arm, there shall be no requirement to give signals which cannot be given by mechanical means.

3.  Act correctly and promptly on all signals given by traffic signs and traffic controllers and take appropriate action in relation to signs given by other road users.

Part 5Unitary test: Category H

1.  Indicate intended actions at appropriate times by giving appropriate signals in a clear and unmistakable manner.

In the case of a test taken on a vehicle with a left-hand drive or by a disabled person for whom it is impracticable or undesirable to give signals by arm, there shall be no requirement to give signals which cannot be given by mechanical means.

2.  Act correctly and promptly on all signals given by traffic signs and traffic controllers and take appropriate action in relation to signs given by other road users.

3.  Drive the vehicle backwards and cause it to face in the opposite direction by means of its tracks.”.

See regulation 2(8)

SCHEDULE 4Provisions substituted for Schedule 6


See regulation 18

“SCHEDULE 5Forms of certificate and statement of theory test result

Part 1Certificate of passing a theory test

Part 2Statement of failure to pass a theory test

See regulation 18A

SCHEDULE 6Forms of certificate and statement of practical and unitary test result

Part 1Unitary Test Pass or Practical Test Pass after Theory Test PassCertificate of passing of test of competence to drive

Part 2Unitary Test or Practical Test FailureStatement of failure to pass practical test/test of competence to drive

Part 3Practical Test Pass Before Theory Test PassCertificate of passing the practical test

”.

Explanatory Note

(This note is not part of the Regulations)
These Regulations replace Part III of the Motor Vehicles (Driving Licences) Regulations (Northern Ireland) 1994 which relates to driving tests and make certain other incidental and minor amendments.
The principal changes made concern driving tests for vehicles in categories A (motor bicycles), B (motor cars and small goods vehicles) and P (mopeds) to give effect to the second Council Directive on driving licences 91/439/EEC (O.J. No. L237, 29.7.91, p.1) as regards those categories of vehicle. The new tests are divided into two parts, a theory test and a practical test, the requirements for each part being specified. Other tests remain unchanged as unitary tests.
The Regulations in particular make provision for—
(a)persons who may conduct practical tests;
(b)persons to be appointed by the Department to conduct theory tests;
(c)the Department to revoke approvals in respect of persons authorised to conduct practical tests on behalf of the Secretary of State for Defence and the Chief Constable of the Royal Ulster Constabulary;
(d)exemptions from the theory test;
(e)mandatory presentation of licences at tests;
(f)the specification of vehicles to be provided for each type of test;
(g)the theory test to be passed before a practical test can be taken (subject to temporary transitional arrangements); and
(h)the issue of certificates and statements evidencing the results of tests.
The fee for a theory test conducted by an appointed person is set at £16·50. The fees for practical and unitary tests, which were introduced on 3rd June 1996, remain unchanged.
The Regulations come into operation in so far as is necessary to enable persons to apply for tests on 3rd June and for all other purposes on 1st July 1996.
The Motor Vehicles (Driving Licences) (Amendment) (Test Fees) Regulations (Northern Ireland) 1996 are hereby revoked as a consequence of these Regulations.
Copies of the EEC Directive referred to in this note can be obtained from Her Majesty’s Stationery Office, 16 Arthur Street, Belfast.


(1)
S.I. 1981/154 (N.I. 1); see Article 2(2) for the definition of “Department” and “prescribed”; Articles 5-19D were substituted by Schedule 1 to S.I. 1991/197 (N.I. 3)

(2)
S.R. 1994 No. 365 as amended by S.R. 1995 No. 152 and S.R. 1996 No. 141

(3)
Regulation 15 was substituted by S.R. 1996 No. 141

(4)
S.R. 1996 No. 141

(5)
S.I. 1981/154 (N.I. 1)

(6)
1994 c. 22; section 20A was inserted by Part V of Schedule 29 to the Finance Act 1995 c. 4
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