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Driver CPC evidencing, enforcement and exemptions

Introduction
The following deals with the final part of the drivers' CPC. However, in the event of further information being required, the Driving Standards Agency are the key agency involved and are best placed to furnish accurate advice.

Evidencing
The Driver Certificate of Professional Competence (Driver CPC) will be evidenced by issuing drivers with a Driver Qualification Card (DQC), similar to the driving licence.

The card will be issued to new drivers automatically on successfully passing the initial qualification. Existing drivers (holding a GB photo card licence) will be automatically issued with the card on completion of the 35th hour of Periodic Training.

There will be no charge for the card at point of issue. As the card will be sent to the address on the drivers' driving licence it is important that address details up to date with DVLA.

It will be mandatory for drivers' to carry their card whilst driving and there will be penalties if a driver is found to be driving professionally without one. If a card is lost or stolen it must be reported it within 7 days and the driver will be required to apply for a replacement card. A driver will be able to drive for up to 15 days without a card while a replacement is sent to him/her.

Enforcement
It will be offence for drivers to work professionally without a Driver CPC from Sept 08 for bus and coach drivers and from Sept 09 for lorry drivers, unless they fall into one of the exempt categories.

Driver CPC is being introduced across all European Union member states and will be enforced in other EU countries in the same way as it will be in the UK.

Exemptions - General
There are exceptions from the Driver CPC qualification for drivers of vehicles:

***An example of a driver under exemption vii (also known as "incidental driver") would be a bricklayer who drives a load of bricks from the builder's yard to the building site and then spends their working day laying bricks. In this case, driving a lorry is incidental to their main occupation.

Drivers can move in and out of an exemption, depending on the circumstances in which they are driving. For example, a bus mechanic would be exempt while driving a bus to check that it had been repaired, but would need to hold a Driver CPC if they also drove a bus on a passenger carrying service.

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Deciding who or who isn't exempt
To alleviate some of the headache from deciding whether your drivers are 'In Scope' or Exempt the European Directive 2003/59/EC (driver CPC regulations) this part offers some guidance by way of a flow chart and tables.

Driver CPC Regulations will apply to new drivers acquiring a PCV licence from September 2008 and for drivers acquiring a LGV licence from September 2009. Those who already hold a vocational licence before these dates are given acquired rights, however all drivers must complete 35 hours periodic training every five years regardless.

To decide whether your drivers are required to take a drivers cpc can be determined as follows:

Flow Chart

** MAM = Maximum Authorised Mass - the maximum a vehicle can legally weigh when fully loaded regardless of the actual weight at any given time.

Exemptions from vocational driver licensing
Drivers employed or used by undertakings established in a Member State which use goods vehicles in categories, CI, CI+E, C or C+E are in scope, together with drivers of passenger vehicles in categories DI, DI+E, D or D+E. Pre-1990 licences with equivalent categories (such as HGV I) are also included, as are those driving vehicles on entitlements obtained by passing a car test before 1997, such as CI or DI. The legislation applies to the activity of driving the in-scope vehicles, so people who hold vocational entitlement but who do not actually drive those vehicles will not come into scope.

The UK driver licensing regulations allow certain large goods and passenger vehicles to be driven on a category B (car) licence. If the licence holder is only permitted to drive category B vehicles with automatic transmission, they may only drive the above vehicles if they have automatic transmission. The Driving Standards Agency has confirmed that these drivers would also be out of scope of the driver CPC requirements when in the UK.

There are 22 exemptions which are exempt from vocational driver licensing, as laid out in the table below;

Exemption Definitions
Any road construction vehicle used or kept on the road solely for the conveyance of built-in road construction machinery. A Road construction vehicle is a vehicle which;
i) is constructed or adapted for use for the conveyance of road construction machinery which is built in as part of, or permanently attached to, that vehicle, and;
ii) is not constructed or adapted for the conveyance of any other load except articles and materials used for the purposes of such machinery.
Road construction machinery means a machine or device suitable for the use for the construction and repair of roads and used for no purpose other than the construction and repair of roads.
Any engineering plant other than a mobile crane. Engineering plant means moveable plant or equipment being a motor vehicle or trailer specially designed and constructed for the special purposes of engineering operations, and which cannot (owing to the requirements of those purposes) comply with all the requirements of the Road Vehicles (Construction and Use) Regulations 1986 and which is not constructed primarily to carry a load other than a load being either excavated materials raised from the ground by the apparatus on the motor vehicle or trailer or materials which the vehicle or trailer is specially designed to treat while carried thereon.
A works truck. Works truck means a motor vehicle (other than a straddle carrier) designed for use in private premises and used on a road only in delivering goods from or to such premises to or from a vehicle on a road in the immediate neighbourhood, or in passing from one part of any such private premises to another or to other private premises in the immediate neighbourhood or in connection with road works while at or in the immediate neighbourhood of the site of such works. The Department for Transport advise a distance of 1,000 road yards.
An industrial tractor. Industrial tractor means A tractor, not being an agricultural motor vehicle, which:
i) has an unladen weight not exceeding 7370kg,
ii) is designed and used for work primarily off roads, or for work on roads in connection only with road construction or maintenance (including any such tractor when fitted with an implement or implements designed primarily for use in connection with such work, whether or not any such implement is of itself designed to carry a load), and;
iii) has a maximum speed not exceeding 20mph.
An agricultural motor vehicle, which is not an agricultural or forestry tractor Agricultural motor vehicle means a motor vehicle which is constructed or adapted for use off roads for the purpose of agriculture, horticulture or forestry and which is primarily used for one or more of those purposes, not being a dual-purpose vehicle.
A digging machine. Digging machine means a vehicle which is designed, constructed and used for the purpose of trench digging, or any kind of excavating and shovelling work, and which;
i) is used on public roads only for that purpose or the purpose of proceeding to or from the place where it is to be or has been used for that purpose, and;
ii) when so proceeding does not carry any load except such as is necessary for its propulsion or equipment.
Goods vehicle used for limited road use. A goods vehicle which, in so far as it is used on public roads;
i) is used only in passing from land in the occupation of a person keeping the vehicle to other land in the occupation of that person, and;
ii) is not used on public roads for distances exceeding an aggregate of 9.7 kilometres in any calendar week
Mini artic. A Mini Artic means, an articulated goods vehicle the unladen weight of which does not exceed 3.05 tonnes.
Limited road use for agriculture, horticulture or forestry. A goods vehicle, other than an agricultural motor vehicle, which;
i) is used only for purposes relating to agriculture, horticulture or forestry;
ii) is used on public roads only in passing between different areas of land occupied by the same person, and;
iii) in passing between any two such areas does not travel a distance exceeding 1.5km on public roads
Light recovery vehicle. A goods vehicle fitted with apparatus designed for raising a disabled vehicle partly from the ground and for drawing a disabled vehicle when so raised (whether by partial superimposition or otherwise) being a vehicle which;
i) is used solely for dealing with disabled vehicles;
ii) is not used for the conveyance of any goods other than a disabled vehicle when so raised and water, fuel, accumulators and articles required for the operation of, or in connection with disabled vehicles, and;
iii) has an unladen weight not exceeding 3.05 tonnes
Mobile project vehicle. A mobile project vehicle on behalf of a non-commercial body;
i) to or from the place where the equipment it carries is to be or has been, used, or the display or exhibition is to be, or has been, mounted, or;
ii) to or from the place where a mechanical defect in the vehicle is to be, or has been, remedied, or;
iii) in such circumstances that by virtue of paragraph 22 of Schedule 2 to the Vehicle Excise and Registration Act 1994 the vehicle is not chargeable with duty in respect of its use on public roads.
The person driving the vehicle must have held a relevant category B licence for an aggregate period of not less than 2 years and is aged 21 or over.
Mobile project vehicle means a vehicle which has a maximum authorised mass exceeding 3.5 tonnes, is constructed or adapted to carry not more than eight persons in addition to the driver and carries principally goods or burden consisting of:
1.) play or educational equipment and article required in connection with the use of such equipment, or;
2.) articles required for the purposes of display or of an exhibition, and the primary purpose of which is use as a recreational, educational or instructional facility when stationary.

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Minibus driven by volunteer. A vehicle driven on behalf of a non-commercial body for social purposes but not for hire or reward of a class included in sub-category D1 which has no trailer attached and has a maximum authorised mass not exceeding 3.5 tonnes, excluding any part of that weight which is attributable to specialised equipment intended for the carriage of passengers, and 4.25 tonnes otherwise, provided the driver;
i) has held a relevant category B licence for an aggregate period of not less than 2 years; ii) is aged 21 or over; iii) if he is aged 70 or over, is not suffering from any relevant disability in respect of which the Secretary of State would be bound to refuse him a Group 2 licence, and;
iv) receives no consideration for driving the vehicle
Vintage goods vehicle. A goods vehicle manufactured before 1 January I960, used unladen and not drawing a laden trailer.
Vintage passenger vehicle. A passenger carrying vehicle manufactured more than 30 years before the date when it is being driven and not used for hire or reward or for the carriage of more than eight passengers.
Steam vehicle. A goods vehicle propelled by steam.
Haulage of lifeboats. A goods vehicle used for no other purpose than the haulage of lifeboats and the conveyance of the necessary equipment of the lifeboats that are being hauled.
Visiting forces. A goods vehicle in the service of a visiting force or headquarters as defined in the Visiting Forces and International Headquarters (Application of Law) Order 1965.
Goods vehicle driven by a constable. A goods vehicle driven by a constable for the purpose of removing or avoiding obstruction to other road users or other members of the public, for the purpose of protecting life or property (including the vehicle and its load) or for other similar purposes.
Passenger vehicle driven by a constable. A passenger carrying vehicle when it is being driven by a constable for the purpose of removing or avoiding obstruction to other road users or other members of the public, for the purpose of protecting life or property (including the vehicle and its load) or for other similar purposes.
Fire services for the Crown. A vehicle designed for fire fighting or fire salvage purposes which is the property of, or for the time being under the control of, the Secretary of State for Defence, when being driven by a member of the armed forces of the Crown.
Armed forces work of national importance. A vehicle being driven by a member of the armed forces of the Crown in the course of urgent work of national importance in accordance with an order of the Defence Council in pursuance of the Defence (Armed Forces) Regulations 1939 which were continued permanently in force, in the form set out in Part C of Schedule 2 to the Emergency Laws (Repeal) Act 1959, by section 2 of the Emergency Powers Act 1964.
Armoured vehicle. An armoured vehicle other than a track laying vehicle which is the property of, or for the time being under the control of, the Secretary of State for Defence.

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Exemptions from Driver CPC
There are 7 exemptions which are exempt from the Driver CPC, as listed below;

Minimum ages
The following minimum age limits apply for vocational licences once Driver CPC is introduced. A driver must also obtain their Driver CPC for these lower age limits to apply.

Category of vehicle Minimum age of driver (years) Restrictions
Goods vehicles
C1, C1 + E, C, C + E 18  
Passenger carrying vehicles
D1, D1 + E 18  
D, D + E 18 On routes not exceeding 50 km. Within the UK only.
D, D + E 20 Without passengers. Within the UK only.
D, D + E 21  

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