The Motor Vehicles (Driving Licences) Regulations 1999

Evidence of result of theory test [F1: vehicles other than category C or D] E+W+S

47.—[F2(1) The person conducting a theory test described in regulation [F340(2A)(a), (2B)(b) or (2C)(a)] shall arrange for the test to be marked on the day of the test.]

(2) A person conducting the theory test shall, upon completion of the marking of the test, furnish—

(a)a person who passes the test with a [F4standard theory test pass certificate] in the form set out in Part 1 of Schedule 10;

(b)a person who fails to pass the test with a failure statement in the form set out in Part 2 of Schedule 10.

(3) Where a person who has conducted a theory test is satisfied that a [F4standard theory test 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 is furnished to him to the person who conducted the test with a request in writing that the test 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 test.

(5) A [F4standard theory test pass certificate] furnished in error, or with an error in the particulars required to be specified in it, 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 [F4standard theory test pass certificate] shall be valid for the purposes of [F5regulation 38(4), 40A(1)(b)(i) or (1A)(b)(i) or 42(1)(a), (1A)(a), (1B)(a) or (1C)] for a period commencing on the date on which the test was taken and ending—

(a)two years later, or

(b)on the date on which the person to whom the certificate was given is disqualified by order of a court under section 36 of the Offenders Act until he passes the appropriate driving test,

whichever is the earlier.

(7) A [F4standard theory test pass certificate] is not valid for the purposes of [F5regulation 38(4), 40A(1)(b)(i) or (1A)(b)(i) or 42(1)(a), (1A)(a), (1B)(a) or (1C)] if—

(a)it is furnished in error or with an error in the particulars required to be specified in it; or

(b)the person to whom it is furnished is at that time ineligible, by virtue of an enactment contained in the Traffic Act or these Regulations, to take the test to which the certificate relates.

[F6(8) A person authorised to conduct theory tests by virtue of sub-paragraphs (b), (c), (da), (db), [F7(dc), (dd), (de), (df),] (e) or (f) of regulation 23(1) or regulation 23(2)(b) shall issue [F4standard theory test pass certificates] using forms supplied by the Secretary of StateF8... ]