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The new professionals

3rd September 2009
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Which of the following most accurately describes the problem?

The Driver CPC becomes law on 10 September 2009. It is designed to usher in a new era of professionalism for HGV drivers. We focus on the 10 things you need to know to ensure compliance with the new rules.

Words: bavici titErver What is the driver CPC?

The Driver CPC (Certificate of Professional Competence) will be introduced across Europe for HGV licence holders from 10 September. From that date it will not be sufficient to just hold a vocational driving licence to drive H0Vs for a living.

The background

The Legislation behind this move is EU Directive 2003/59, which requires all professional lorry drivers to hold a Driver CPC in addition to their vocational driving licence. For bus and coach drivers, this came into force on 10 September 2008.

3. Two parts to the Driver CPC

A. The initial qualification must be achieved by new HGV and PCV drivers, along with their vocational licence, and it will enable them to use their licence professionally; B. Periodic training applies to all 1 IGV holders who wish to drive professionally, and it requires them to have 35 hours' relevant training every five years.

4. Obtaining a Driver CPC

From 10 September, all new drivers acquiring a HGV vocational entitlement (including categories C. CI, ClE) will be required to obtain a new initial qualification, which must be completed in order to be able to drive professionally.

5. Acquired rights

Drivers who already hold their HGV licences before 10 September will be able to utilise a provision known as 'acquired rights: This exempts them from the initial qualification. Those who have 'acquired rights' must then complete a total of 35 hours' periodic training every five years to keep the Driver CPC valid.

An existing driver will be viewed as having the Driver CPC as of September 2009, but will still have to complete the ongoing periodic training by September 2014. However, periodic training is not subject to examination.

Why it's being introduced

The main aim behind Driver CPC is to improve road safety: providing better qualified drivers to help reduce road casualties. Driver CPC should also bring an improved professional and positive image to the industry, attracting more people to drive lorries for a living.

It is aimed not only at improving the knowledge and skills of HGV drivers when they first start work, but also ensuring those skills are maintained and developed throughout the driver's working life.

The Driver CPC is coining into force throughout the European Union (EU) member states and will be enforced through the EU on all other EU drivers in just same way as it will be enforced on UK drivers.

7. Proof of qualification

Drivers will be able to prove they have the necessary qualifications by being issued with a Driver Qualification Card. They will be required to carry evidence that they hold the Driver CPC when they are driving professionally, and this will be satisfied through the production of the card.

For those drivers who have acquired rights, they will not initially be issued with a Driver Qualification Card. Instead, they will demonstrate that they have acquired rights by producing their driving licence, showing the date when they obtained their HGV licence. Once an existing driver completes the 35 hours' periodic training, they will be automatically issued with the card.

No charge for the card

There will be no charge for the card at a point of issue. The card will be sent to the address on the driving licence, so it is important for drivers to keep their address details up to date with the DVLA.

9. Carrying the card It is a mandatory requirement that professional drivers carry their card while driving. It will be an offence if a driver is found to be driving professionally without one, and a penalty may be issued and enforced. If the Driver Qualification Card is lost or stolen, it must be reported within seven days, and an application for a replacement must be made. Drivers will be able to drive for up to 15 days without a card while a replacement is being sent.

. Exceptions

There are exceptions from the Driver CPC qualification for drivers of vehicles: (A) With a maximum authorised speed not exceeding 45 km/h.

(B) Used by, or under the control of, the armed forces, civil defence, the fire service and forces responsible for maintaining public order.

(C) Undergoing road tests for technical development, repair or maintenance purposes, or of new or rebuilt vehicles which have not yet been put into service.

(D) Used in states of emergency or assigned to rescue missions.

(E) Used in the course of driving lessons for any person wishing to obtain a driving licence or a CPC.

(F) Used for non-commercial carriage of passengers or goods, for personal use.

(G) Carrying material or equipment to be used by the driver in the course of his or her work, provided that driving the vehicle is not the driver's main activity, is

* David Glover is a partner/director with solicitors Marshall Glover, hared in Newcastle and Lancaster. He can be contacted via email: david@marshallglover.com • Next week: Driver CPC focus on training

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Organisations: European Union
Locations: Lancaster, Newcastle

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