The Vehicle Drivers (Certificates of Professional Competence) (Amendment) (EU Exit) Regulations 2018
Jurisdiction: UK
Commencement: 29th March 2019
Amends: The Vehicle Drivers (Certificates of Professional Competence) Regulations 2007 (SI 2007/605)
Mini Summary
These Regulations implement Directive 2003/59/EC concerning the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers. The Directive introduces a Driver Certificate of Professional Competence in the EU.
Amendment
These Regulations ensure that following the withdrawal of the United Kingdom from the European Union, the domestic system regarding certificates of professional competence continues to operate effectively. The domestic system applies, with some exceptions, to professional drivers of lorries and buses who must pass an initial CPC test (unless they have acquired rights), valid for five years, and undergo 35 hours of periodic training every five years.
In Regulation 2 (interpretation) there are minor amendments that should be noted to some definitions:
- Any reference to Member States or Member States Authorities should be viewed as Competent Authority. This is with reference to the following definitions in this Regulation
- CPC
- Drive Qualification Card
- Initial CPC
- Initial CPC test
- Periodic CPC after training
- Periodic Training
- Definition of €œthird country€ now also refers to the United Kingdom.
Regulation 3 (persons to whom these Regulations apply)
Paragraph 1 is amended to make clear that these Regulations apply to nationals of the UK and of third countries who are employed or used by an undertaking established in the UK, as well as nationals of a member state or national of a third country employed or used by an undertaking established in a member State.
The Regulations have been amended to omit the reference to the UK as a member state. See Regulations 4(8)b, 9(4) and 11(2) which cover; the requirements for persons taking an initial CPC test, time limits for obtaining a CPC and the requirement to carry and produce evidence of CPC or of training exemption in vehicle respectively.
Regulation 5 (initial CPC test)
Paragraph 4 is amended to include a UK National as another person whom these Regulations applies with regards taking the initial CPC test.
Regulation 6 (persons providing periodic training courses)
Paragraph 10 has been amended to include a UK National as another person whom these Regulations apply with regards taking of a periodic training course.
Regulation 8 and Regulation 8A (driver qualification card)
Paragraphs 4 and 5 respectively have been omitted. This removes the specification of type of CPC driver qualification card issued as previously specified by Articles of the Directive.
Paragraph 8(a) of Regulation 8 has been amended to include a UK National as another person whom these Regulations apply.
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