The Vehicle Drivers (Certificates of Professional Competence) Regulations 2007

Made: 28th February

Laid before Parliament: 2nd March

Coming into force in accordance with regulation 1(2)

The Secretary of State for Transport makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 , section 101(2) and (3) of the Road Traffic Act 1988 and, with the consent of the Treasury, section 56(1) and (2) of the Finance Act 1973 .

The Secretary of State for Transport is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the regulation and supervision of the qualifications and working conditions of persons engaged in road transport .

He has consulted with such representative organisations as he thinks fit in accordance with section 195(2) of the Road Traffic Act 1988.

Citation, commencement and extent

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• (1) These Regulations may be cited as the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007.

• (2) These Regulations shall come into force as follows —

• (a) all regulations other than regulation 15 shall come into force on 27th March 2007;

• (b) in regulation 15 —

• (i) paragraph (4), and paragraphs (1) and (5) so far as they relate to that paragraph, shall come into force on 10th September 2008;

• (ii) paragraphs (2) and (3), and paragraphs (1) and (5) so far as they are not already in force, shall come into force on 10th September 2009.

• (3) These Regulations extend to Northern Ireland except regulation 15.

Interpretation

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• (1) In these Regulations —

• ...

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “the 1988 Act” means the Road Traffic Act 1988;

• “the 1981 Order” means the Road Traffic (Northern Ireland) Order 1981 ;

• “the Driving Licences Regulations” means the Motor Vehicles (Driving Licences) Regulations 1999 ;

• “the Trade and Cooperation Agreement” means the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (as that agreement is modified or supplemented from time to time in accordance with any provision of it or of any other future relationship agreement);

• “the Union code” in relation to a Community licence or a driver attestation means a licence or attestation which bears Union code “95” provided for in Annex I to Directive 2006/126/EC of the European Parliament and of the Council;

• “armed forces” means the naval, military or air forces of the Crown and includes the reserve forces;

• “bank holiday” means a day to be observed as such under section 1 of, and Schedule 1 to, the Banking and Financial Dealings Act 1971;

• “British external licence” has the same meaning as in section 88(8) of the 1988 Act;

• “candidate” means a person submitting, or seeking to submit, to an initial CPC test;

• ...

• “Community licence”—in relation to Great Britain, has the same meaning as in section 108(1) of the 1988 Act , andin relation to Northern Ireland, has the same meaning as in Article 2(2) of the 1981 Order;

• “competent authority” means—in relation to Great Britain, the Secretary of State, andin relation to Northern Ireland, the Department for Infrastructure;

• “CPC” means—a written record certifying a qualification obtained as a result of either having completed the initial qualification requirements for the purposes of Article 6 (CPC certifying the initial qualification) or having completed the training requirements for the purposes of Article 8(1) (CPC certifying periodic training) of Section 1 (certificate of professional competence) of Part B of Annex 31 to the Trade and Cooperation Agreement, whichever is applicable, ora written record certifying a qualification obtained in a specified EEA state or Gibraltar, as the case may be, and recognised by the competent authority as equivalent to a written record referred to in sub-paragraph (a);

• “driver card” means—a tachograph card for the purposes of point (d) of Article 2(2) of Section 4 (use of tachographs by drivers: definitions) of Part B of Annex 31 to the Trade and Cooperation Agreement, ora tachograph card issued by a specified EEA state or Gibraltar, as the case may be, and recognised by the competent authority as equivalent to a tachograph card referred to in sub-paragraph (a);

• “driving licence” means, except in regulation 4(8)(b) and (c)—in relation to Great Britain, a full licence within the meaning of section 108(1) of the 1988 Act , andin relation to Northern Ireland, a full licence within the meaning of Article 2(2) of the 1981 Order;

• “driver qualification card” means a card drawn up in accordance with the model reproduced in Appendix 31-B-1-2 (model of a driver qualification card referred to in Article 9 of Section 1 of Part B of Annex 31) to the Trade and Cooperation Agreement and issued by the competent authority, a member State or Gibraltar as if the reference to “member state/UK” is to “member state/UK/specified EEA state/Gibraltar;

• “driving test” means—in relation to Great Britain, a test of competence prescribed under section 89(3) of the 1988 Act, andin relation to Northern Ireland, a test of competence prescribed under Article 5(3) of the 1981 Order;

• “fire and rescue authority”—in relation to England and Wales, has the same meaning as in section 1 of the Fire and Rescue Services Act 2004 , ... in relation to Northern Ireland, has the same meaning as in article 3 of the Fire and Rescue Services (Northern Ireland) Order 2006, and in relation to Scotland, means the Scottish Fire and Rescue Service;

• “Gibraltar licence” means a licence to drive a motor vehicle granted under the law of Gibraltar;

• “initial CPC” means—a CPC for the purposes of Article 6 of Section 1 (certificate of professional competence: CPC certifying the initial qualification) of Part B of Annex 31 to the Trade and Cooperation Agreement, ora written record certifying a qualification obtained in a specified EEA state or Gibraltar, as the case may be, and recognised by the competent authority as equivalent to a CPC referred to in sub-paragraph (a);

• “initial CPC test” means the tests for initial qualification referred to in point (ii) of Article 3(1)(a) of Section 1 (certificate of professional competence: system of initial qualification involving only tests) of Part B of Annex 31 to the Trade and Cooperation Agreement;

• “national driver qualification card” means a card drawn up in accordance with the model reproduced in Appendix 31-B-1-2 (model of a driver qualification card referred to in Article 9 of Section 1 of Part B) to the Trade and Cooperation Agreement and issued by the competent authority as if—the reference to “driver qualification card” is to “national driver qualification card”;the reference to “member state/UK” is to “UK”;the reference to “Union code” is omitted;

• “national periodic CPC” means a written record certifying a qualification obtained as a result of having completed 35 hours of—national periodic training,a combination of any national periodic training and any periodic training,a combination of any national periodic training and any Swiss periodic training, ora combination of any national periodic training, any periodic training and any Swiss periodic training;

• “national periodic training” means training complying with the requirements in regulation 7A;

• “national periodic training course” means a course delivered by a person approved under regulation 6 and complying with the requirements in regulation 7A;

• “national return to driving course” means a course delivered by a person approved under regulation 6 and complying with the requirements in regulation 7B;

• “NHS ambulance service” means—an NHS trust or NHS foundation trust established under the National Health Service Act 2006 which has a function of providing ambulance services;an NHS trust established under the National Health Service (Wales) Act 2006 which has a function of providing ambulance services;the Scottish Ambulance Service Board; orthe Northern Ireland Ambulance Service Health and Social Care Trust;

• ”NVT certificate” means an authorisation issued by the competent authority under regulation 4(5)(d) or 8B(2);

• “periodic CPC” means—a CPC for the purposes of Article 8(1) of Section 1 (certificate of professional competence: CPC certifying periodic training) of Part B of Annex 31 to the Trade and Cooperation Agreement, ora written record certifying a qualification obtained in a specified EEA state or Gibraltar, as the case may be, and recognised by the competent authority as equivalent to a CPC referred to in sub-paragraph (a);

• “periodic training” means—the training referred to in point (b) of Article 3(1) of Section 1 (certificate of professional competence: system of periodic training) of Part B of Annex 31 to the Trade and Cooperation Agreement, ortraining approved by a specified EEA state or Gibraltar which is recognised by the competent authority as equivalent to the training referred to in sub-paragraph (a);

• “periodic training course” means a course of at least 7 hours of training for the purposes of Section 4 (compulsory periodic training provided for in point (b) of Article 3(1) of Section 1 of Part B of Annex 31) of Appendix 31-B-1-1 to the Trade and Cooperation Agreement;

• “prison service”—in relation to England and Wales means—Her Majesty’s Prison Service; orany person acting under a contract for the running of a contracted out prison within the meaning of section 84 of the Criminal Justice Act 1991;in relation to Northern Ireland means the Northern Ireland Prison Service; andin relation to Scotland means—the Scottish Prison Service; orany person acting under a contract for the running of a contracted out prison within the meaning of section 106 of the Criminal Justice and Public Order Act 1994;

• “relevant day” is to be construed as referring to one of the days referred to in regulation 8(a) to (e), whichever is applicable;

• “relevant vehicle” means a vehicle for which is required a driving licence of category C, C+E, D or D+E as defined—in relation to Great Britain, in Part 1 of Schedule 2 to the Driving Licences Regulations; andin relation to Northern Ireland, in Part 1 of Schedule 1 of the Motor Vehicles (Driving Licences) Regulations (Northern Ireland) 1996;or a driving licence recognised as equivalent;.

• “reserve forces” has the same meaning as in section 1 of the Reserve Forces Act 1996 ;

• “road” means any road open to the public;

• “specified EEA state” means Iceland, the Principality of Liechtenstein or the Kingdom of Norway;

• “test pass certificate” in relation to Great Britain, has the same meaning as in regulation 3(1) of the Driving Licences Regulations and in relation to Northern Ireland, means the certificate referred to in regulation 37(1) of the Motor Vehicles (Driving Licences) Regulations (Northern Ireland) 1996;

• “third country” means a country which is not a member State or the United Kingdom;

• “trainer” means a person who provides training or instruction in relation to the initial CPC test;

• “vehicle examiner” means an examiner appointed under section 66A of the 1988 Act or under Article 74 of the Road Traffic (Northern Ireland) Order 1995 ;

• “work permit” has the same meaning as in section 33 of the Immigration Act 1971 ;

• “working day” means—in relation to Great Britain, save for the purposes of regulation 5(5B), (6ZA)(c), (6ZAD) and (6ZAE), a day other than a Saturday, Sunday, bank holiday, Christmas Day or Good Friday;in relation to Northern Ireland, a day other than a Saturday, Sunday, bank holiday, Christmas Day or Easter Tuesday.

• (2) In these Regulations—

• (a) except in regulation 9, a reference to a member State includes a reference to a specified EEA state;

• (b) save for the purposes of regulation 5A(2A), a reference to a category of relevant vehicle includes references to its sub-categories as defined—

• (i) in relation to Great Britain, in Part 1 of Schedule 2 to the Driving Licences Regulations; and

• (ii) in relation to Northern Ireland, in Part 1 of Schedule 1 to the Motor Vehicles (Driving Licences) Regulations (Northern Ireland) 1996.

• (3) In these Regulations—

• “Swiss CPC” means a certificate or other document issued by Switzerland and recognised by the competent authority as equivalent to a CPC;

• “Swiss initial CPC” means a Swiss CPC recognised by the competent authority as equivalent to an initial CPC;

• “Swiss initial CPC test” means the tests which entitle a person to a Swiss initial CPC and are recognised by the competent authority as equivalent to an initial CPC test;

• “Swiss licence” means a licence to drive a motor vehicle granted under the law of Switzerland;

• “Swiss periodic CPC” means a Swiss CPC recognised by the competent authority as equivalent to a periodic CPC;

• “Swiss periodic training” means the training which entitles a person to a Swiss periodic CPC and is recognised by the competent authority as equivalent to periodic training.

• (3A) For the purposes of these Regulations, Appendix 31-B-1-1 (minimum qualification and training requirements) to the Trade and Cooperation Agreement is to be read as if modified as follows—

• (a) other than in the words before Section 1 (list of subjects), after “transport of goods”, in each place those words occur, insert “or passengers”;

• (b) in Section 1 (list of subjects)—

• (i) after point 1.5 insert—

1.6. Objective: ability to ensure passenger comfort and safety: adjusting longitudinal and sideways movements, road sharing, position on the road, smooth breaking, overhang operation, using specific infrastructures (public areas, dedicated lanes), managing conflicts between safe driving and other roles as a driver, interacting with passengers, specificities of certain groups of passengers (disabled persons, children).

• (ii) after point 2.2 insert—

2.3. Objective: to know the regulations governing the carriage of passengers: carriage of specific groups of passengers, safety equipment on board buses, safety belts, vehicle load.

• (iii) after point 3.7 insert—

3.8 Objective: to know the economic environment of the carriage of passengers by road and the organisation of the market: carriage of passengers by road in relation to other modes of passenger transport (rail, private car), different activities involving the carriage of passengers by road, disability awareness, crossing borders (international transport), organisation of the main types of companies for the carriage of passengers by road.

• (c) in Section 2.2(b) (compulsory initial qualification provided for in point (a) of Article 3(1) of Section 1 of Part B of Annex 31: practical test), in point (ii) after “points 1.5” insert “, 1.6”.

• (4) In paragraph (3) and regulations 4(9A), 6(16)(f), 9(7)(b)(ii) and 11(2)(c)(ii), “recognised” means recognised by the competent authority for the purposes of the provision in question.

• (5) The competent authority—

• (a) must publish what is recognised under paragraph (4);

• (b) may from time to time revise what is recognised under paragraph (4) and must publish the revised information accordingly.

Persons to whom these Regulations apply

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• (1) These Regulations apply to any person who drives a relevant vehicle, other than a vehicle to which paragraph (2) applies, on a road and is —

• (za) a national of the United Kingdom;

• (zb) a national of a third country employed or used by an undertaking established in the United Kingdom;

• (a) a national of a member State; or

• (b) a national of a third country employed or used by an undertaking established in a member State.

• (2) This paragraph applies to a vehicle—

• (a) which it is an offence for that person to drive on any road at a speed greater than 45 kilometres per hour in Great Britain under section 89 of the Road Traffic Regulation Act 1984 or in Northern Ireland under the Motor Vehicles (Speed Limits) Regulations (Northern Ireland) 1989 ;

• (b) which is being used by, or is under the control of any of the following —

• (i) the armed forces;

• (ii) a police force;

• (iii) a local authority in the discharge of any function conferred on or exercisable by that authority under an order made under section 5 of the Civil Contingencies Act 2004 or regulations made under section 20 of that Act, ...

• (iv) a fire and rescue authority; ...

• (v) the prison service ; or

• (vi) an NHS ambulance service;

when the vehicle is being used as a consequence of a task assigned to an authority, force or service specified in this sub-paragraph;

• (c) which—

• (i) is undergoing road tests for technical development, repair or maintenance purposes;

• (ii) is being used for the purpose of submitting it (by previous arrangement for a specified time on a specified date) for a relevant test, or of bringing it away from such a test; or

• (iii) is a new or rebuilt vehicle which has not yet been put into service;

• (d) which is being used in a state of emergency or is assigned to a rescue mission , including the non-commercial transport of humanitarian aid;

• (e) which is being used in the course of a driving lesson, a driving test, or additional driving training during work-based learning, for the purpose of enabling that person to obtain a driving licence , a CPC or a national periodic CPC, provided—

• (i) it is not also being used for the commercial carriage of goods or passengers; and