United Kingdom Statutory Instruments

"the Act" means the Road Traffic Act 1988;

"approved driving instructor" means a person whose name is entered in the register;

"continued ability and fitness test" means the test of continued ability and fitness to give instruction in the driving of motor cars or appropriate motor cars referred to respectively in sections 125(5) and 125B(6)(b) of the Act and the nature and content of which is prescribed in regulation 12;

"driving ability and fitness test" means the practical test of driving ability and fitness to drive referred to in sections 125(3)(a) and 125A(6)(a) of the Act and the nature of which is prescribed in regulation 6;

"examination" means the examination of ability to give instruction in the driving of motor cars referred to in sections 125(3)(a) and 125A(6)(a) of the Act;

"examiner", in relation to part of the examination or the continued ability and fitness test, means an officer of the Secretary of State or any other person appointed by the Secretary of State to conduct that part of the examination or that test;

"instructional ability and fitness test" means the practical test of ability and fitness to give instruction in the driving of motor cars referred to in sections 125(3)(a) and 125A(6)(a) of the Act and the nature of which is prescribed in regulation 7 of these Regulations;

"licence" means a licence to give driving instruction granted under section 129 of the Act;

"the register" has the meaning given by section 123(1)(a) of the Act;

"the Registrar" means the officer of the Secretary of State by whom the register is, on behalf of the Secretary of State, compiled and maintained; and

"written examination" means the written examination referred to in sections 125(3)(a) and 125A(6)(a) of the Act and the nature of which is prescribed in regulation 5 of these Regulations.

    (2) In these Regulations a reference to part of the examination is a reference to one of the 3 parts of the examination set out in regulation 3(2).

(a) the written examination;

(b) the driving ability and fitness test; and

(c) the instructional ability and fitness test.

    (3) Where a person has passed the written examination (whether before or after these Regulations are made) he shall not be eligible to take it again during the following 2 years.

    (4) Subject to the provisions of this regulation, a person shall be regarded as having passed the examination only if the following conditions are fulfilled in his case—

(a) he has on the same day passed both the written examination and the element of the driving ability and fitness test that tests hazard perception;

(b) he has passed the remaining elements of the driving ability and fitness test on his first, second or third attempt after he had passed the written examination and the element of the driving ability and fitness test that tests hazard perception;

(c) within 2 years after passing the written examination and having passed all of the elements of the driving ability and fitness test he made an application to take the instructional ability and fitness test; and

(d) he has passed the instructional ability and fitness test on his first, second or third attempt after he had passed the written examination and on a date appointed by the Registrar in respect of an application made in accordance with sub-paragraph (c).

    (5) Where a person has—

(a) passed the written examination before 14th November 2002;

(b) passed the elements of the driving ability and fitness test, other than the test of hazard perception, on his first, second or third attempt after he had passed the written examination; and

(c) fulfilled the conditions specified in sub-paragraphs (c) and (d) of regulation 3(4), he shall be regarded as having passed the examination.

    (6) For the purposes of this regulation and regulation 13—

(a) where a person has commenced the driving ability and fitness test or the instructional ability and fitness test and does not complete the test, the person shall be treated as having failed the test in question unless the Registrar is satisfied that the person had a reasonable excuse for not completing that test;

(b) subject to sub-paragraph (c), a reference to the passing of the written examination or the driving ability and fitness test (including paragraph (4)(a)) shall, in relation to a person who has passed that examination or test (as the case may be) on more than one occasion, be read as a reference to the last of those occasions;

(c) if a person takes the written examination on an occasion when he is not eligible to take it he shall not in any circumstances be regarded as having passed on that occasion.

(a) under section 125 of the Act, or

(b) under section 125A of the Act,

(a) the practical test which shall, at the discretion of the examiner, consist of either the test described in—


(i) paragraph (3) below; or

(ii) paragraph (5) below; or



(b) where a person has not satisfied any of the requirements specified in paragraphs (a) to (c) of regulation 11(2), the test of hazard perception described in paragraphs (9) and (10).

    (3) The form of test referred to in paragraph (2)(a)(i) above is a test in which the person undergoing the test ("the candidate") is required to demonstrate his knowledge and ability by giving practical driving instruction to an examiner as if the examiner were—

(a) a novice or partly trained pupil;

(b) a pupil who is at about driving test standard; or

(c) a full driving licence holder with at least a year's experience since passing the driving test.

    (4) Where the examiner elects to conduct the test by the method described in paragraph (3) above he may at his discretion choose which one or more of the roles described therein he will play but he shall not choose the role referred to in paragraph (3)(c) unless he is satisfied that it is reasonable to do so having regard to the nature of the driving instruction given or likely to be given by the candidate in the course of his business.

    (5) The form of test referred to in paragraph (2)(a)(ii) is a test—

(a) carried out on a road in a motor car in which the examiner is present; and

(b) the candidate is giving instruction to a pupil;

for the purpose of enabling the examiner to make an assessment of the candidate's instructional ability with particular regard to the qualities specified in paragraph (6) below.

    (6) The qualities referred to in paragraph (5) above are—

(a) his method, clarity, adequacy and correctness of instruction;

(b) his observation and proper correction of the pupil's errors;

(c) his manner, patience and tact in dealing with the pupil; and

(d) his ability to inspire confidence.

    (7) Where the examiner elects to conduct the test by the method described in paragraph (3) above the candidate shall provide at his own expense a motor car in respect of which the conditions specified in paragraphs (2), (3) where applicable, (5) and (6) of regulation 8 above are satisfied save that where the test is conducted in accordance with paragraph (3)(c) above the requirement contained in regulation 8(5) to display prescribed distinguishing marks shall be disregarded.

    (8) Where the examiner elects to conduct the test by the method described in paragraph (5) above, the candidate shall, at his own expense, provide or procure the provision of a motor vehicle that—

(a) has a seat belt fitted to the rear seat of the vehicle; and

(b) is otherwise suitable for the conduct of such a test.

    (9) The form of test referred to in paragraph (2)(b) is a test which shall—

(a) be conducted by means of the exhibition of film clips that take the perspective of the driver of a motor vehicle and show, at some point during each film clip, one or more hazards to traffic occurring on or near the road; and

(b) require the candidate (using electronic equipment provided for the purpose and capable of recording the exact moment of each response) to indicate during each film clip the moment he observes a hazard relating to traffic on the road.

And, for the purposes of this paragraph "film clip" means a sequence of visual images displayed electronically.

    (10) A candidate taking the test referred to in paragraph (2)(b) must satisfy the examiner that his performance in the test demonstrates the necessary ability to perceive hazards on the road.

    (11) Before undergoing the continued ability and fitness test a person must produce to the examiner the certificate issued to him under regulation 18.

(a) that the person has passed the driving ability and fitness test after passing the written examination;

(b) that he passed the driving ability and fitness test on his first, second or third attempt after he had passed the written examination;

(c) that he makes the application within 2 years after passing the written examination;

(d) that he has not failed the instructional ability and fitness test more than twice since he passed the written examination;

(e) except in the case of an application for a substitute licence, that he has received within the period of 6 months ending on the date of his application for a licence not less than 40 hours training which fulfils the requirements of paragraph (3) below;

(f) in the case of an application to which sub-paragraph (e) applies, that he delivers with his application evidence, in the form specified in Part 2 of Schedule 2 to these Regulations, that he has received the training specified in that sub-paragraph;

(g) that he submits with his application for a licence—


(i) the name, address and registration number of the approved driving instructor who has consented to take responsibility either for his supervision in accordance with regulation 15(2) below or, as the case may be, the provision of supplementary training in accordance with regulation 15(3) to (5) (and the counter-signature of the application by that approved driving instructor shall be taken as sufficient evidence of such consent), and

(ii) the address from which he will be providing paid driving instruction if different from the address of the approved driving instructor referred to in paragraph (i) above;



(h) that the Registrar is satisfied that the approved driving instructor referred to in sub-paragraph (g)(i) above is fit and able to undertake responsibility for the supervision or, as the case may be, the training of that person in accordance with regulation 15 below (and in determining whether or not he is able to undertake that responsibility the Registrar shall have regard to the number of licence holders in respect of whom he has already consented to undertake similar responsibility).

    (3) This paragraph requires that the training—

(a) is given by an approved driving instructor,

(b) includes training in all the matters specified in Part 1 of Schedule 2 to these Regulations, and

(c) is training of which at least 10 hours is conducted in a motor car where the approved driving instructor and the person being trained are accompanied, if at all, by no more than one other person who is receiving training of the same nature.

(a) nil for the first time that the person takes the test; and

(b) £20.50 in all other cases.

(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; or

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

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

     13. React appropriately in actual risk situations.

     14. Comply with road traffic regulations and the instructions of the police and traffic controllers.

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

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

     17. Keep the right distance between vehicles.

     18. Change lanes.

     19. Pass parked or stationary vehicles and obstacles.

     20. Approach and cross junctions.

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

     22. Where the opportunity arises—

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

(b) Overtake in various situations.

(c) Approach and cross level-crossings.

(d) Drive in road tunnels.

E. Alighting from vehicle
Take all precautions necessary when alighting.

(a) the date;

(b) the total number of hours spent giving instruction;

(c) the periods spent under the supervision of an approved driving instructor.

(a) Candidates for parts of the examination are required to produce the evidence of identity and entitlement to drive to the examiner before undertaking each part of the examination (regulation 4).

(b) A candidate for the test of driving technique (part of the driving ability and fitness test) must satisfy the examiner of his ability to carry out vehicle safety checks (regulation 6(7) and Schedule 1).

(c) The examiner of instructional ability and fitness test has the discretion to play two of three specified roles to conduct the test, one of which is a role as a qualified driver undertaking driver development training (regulation 7(1)).

(d) Motor cars provided by candidates for the purpose of a driving ability and fitness test, the instructional ability and fitness test and the test of continued ability and fitness to give instruction must have a seat belt, head restraint and (where appropriate) an additional rear view mirror available for use by the examiner (regulation 8).

(e) The fees for the driving ability and fitness test and the instructional ability and fitness test are increased. The following table shows the new fees. The fees were last increased on 8th December 2004.

(f) The fee for a licence is increased. The following table shows the new fees. The fees were last increased on 1st April 1997.



Subject of fee	Old Fee	New Fee
Driving ability and fitness test
— before 1st April 2006	£70.00	£79.00
— on or after 1st April 2006.	£79.00	£82.00
Instructional ability and fitness test
— before 1st April 2006	£70.00	£79.00
— on or after 1st April 2006	£79.00	£82.00
Licence	£100.00	£125.00

In addition, some provisions in Parts 3 and 4 and regulation 8 have been rearranged and some minor drafting changes have been made.

These Regulations are made in conjunction with the Motor Vehicles (Driving Licences) (Amendment) Regulations 2005. A combined full regulatory impact assessment of the effect that these amendments will have on the costs of business is available from the Driving Standards Agency, Stanley House, Talbot Street, Nottingham NG1 5GU.