The driving theory test
The Regulations prescribe how long the car theory paper lasts and almost nothing else about how it is passed: they say a candidate must satisfy the person conducting the test. The pass mark and the question count are DVSA publications sitting on top of that, and this page keeps the two apart.
What the Regulations actually prescribe
One figure, and it is the duration.
The car theory test has two parts: a multiple-choice paper and a hazard perception test. The Regulations fix how long the multiple-choice paper runs — 57 minutes — and double that where a candidate needs the assistance of a suitably qualified person because of reading difficulties. Beyond the clock, the instrument says remarkably little about how the test is passed.
Sourced — legislationThe Motor Vehicles (Driving Licences) Regulations 1999 (S.I. 1999/2864), reg 40B(1)(b), (6)legislation.gov.ukrevised text retrieved 13 August 2026
The pass mark, and where it comes from
Not from the Regulations.
Where this figure comes from
The theory test pass mark is published by DVSA, not prescribed by the Regulations
S.I. 1999/2864 prescribes no pass mark for the car theory test. Reg 40C(1) states only that a candidate passes if he "satisfies the person conducting the test" of his knowledge and understanding of the specified matters, and — for the hazard perception part — that his "performance in the test demonstrates an ability to perceive hazards on the road". Reg 40B(1) likewise prescribes a DURATION for the car paper (57 minutes) and no question count, one paragraph before reg 40B(2) prescribes "100 questions" for the large-vehicle paper. The operative figures are published by DVSA and carried here as such.
Under that qualitative rule, DVSA publishes the numbers a candidate is actually held to. The multiple-choice paper asks 50 questions and the published pass mark is 43 of them. The hazard perception part is scored out of 75, with a published pass mark of 44. The contrast inside the instrument is worth seeing: the Regulations do prescribe a question count for the lorry and bus paper, one paragraph after declining to prescribe one for the car paper. The silence is a drafting choice, not an oversight.
Published by the authority — not prescribed by the RegulationsGOV.UK, “Theory test” — pass mark and result (Driver and Vehicle Standards Agency)retrieved 13 August 2026
How long a pass lasts, and what happens if you fail
A theory test pass certificate is valid for 2 years — and the clock runs from the date the test was taken, not from the date the certificate was issued or from a first practical booking. A candidate who lets it lapse must sit the theory test again before the practical.
After a fail, the Regulations impose a waiting period of 3 clear working days before another theory test may be applied for. These are clear working days: Saturdays, Sundays, bank holidays, Christmas Day and Good Friday do not count.
Sourced — legislationThe Motor Vehicles (Driving Licences) Regulations 1999 (S.I. 1999/2864), reg 47(6)(a), reg 29(1), reg 35(7)legislation.gov.ukrevised text retrieved 13 August 2026
What the law does not say
There is no limit on how many times the theory test may be taken
S.I. 1999/2864 caps no number of theory-test attempts. Reg 29 imposes a waiting period between attempts and nothing else; a candidate may re-sit indefinitely. The only thing that expires is the pass certificate, not the entitlement to try again.
The Motor Vehicles (Driving Licences) Regulations 1999 (S.I. 1999/2864), reg 29