Class 1 test pass out of date I have been
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trying to get my Class I HGV licence renewed but have been refused by DVLA. They said that because the pass certificate was not submitted within five years of passing the test — on 23 January, 1986 — I am no longer entitled to drive heavy goods vehicles and must take another driving test for C+E vehicles.
Are they right?
A Yes, the DVLA is correct. You cannot be issued with a full Category C+E licence based on a test more than five years ago. To drive large goods vehicles you will have to re-take the test.
Sections 89 and 89A of the Road Traffic Act 1988 state that a full licence cannot be granted to a person unless specified circumstances relating to the passing of a test, the holding of a full Licence or recognised non-domestic licence are fulfilled.
The passing of an HGV driving test before 1 April 1991 qualifies the driver concerned to obtain a full licence, but only under prescribed conditions. These are that the application for the full licence is made in the five-year period starting on 1 April, 1991; the test was passed before 1 April, 1991; and it was passed in the five-year period preceding the application for the full licence.
This five-year rule is simply a continuation of that in force before 1 April, 1991, contained in Section 112 of the Act (Section 112 was replaced on 1 April).
As you passed the Class I HGV driving test on 23 January 1986 you should have applied for a full licence before 23 January, 1991 under the old law for the test pass to qualify you for a full licence.
Before April 1991 a provisional HGV licence was only valid for six months so we are surprised you did not apply for a full licence with the pass certificate when your January 1986 provisional licence expired.
We assume you have not driven heavy goods vehicles since that provisional licence expired: the pass certificate is not a licence.