The Vehicle Drivers (Certificates of Professional Competence) (Amendment) (EU Exit) Regulations 2018

Made: 12th September 2018

Laid before Parliament: 17th September 2018

Coming into force in accordance with Regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 .

The requirements of paragraph 3(2) of Schedule 7 to that Act (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.

Citation and commencement

1

These Regulations may be cited as the Vehicle Drivers (Certificates of Professional Competence) (Amendment) (EU Exit) Regulations 2018 and come into force on exit day.

Amendment of Regulations

2

The Vehicle Drivers (Certificates of Professional Competence) Regulations 2007 are amended as follows.

3

In regulation 2(1) (interpretation)—

• (a) in the definition of “CPC”, after “Directive” insert “reading that recital as if the reference to Member States is also a reference to the competent authority”;

• (b) for the definition of “driver qualification card” substitute—

“driver qualification card” means a card drawn up in accordance with Annex II of the Directive and issued by the competent authority or a member State, reading Annex II in the case of cards drawn up by the competent authority as if— (a) references to the Member State are references to the competent authority, (b) paragraphs 2(c) and (e) were omitted, and (c) in paragraph (4), “After consulting the Commission” were omitted;

• (c) in the definition of “initial CPC”, after “qualification)” insert “reading that Article as if the references to Member States, and Member States' competent authorities, are also references to the competent authority”;

• (d) in the definition of “initial CPC test”, after “Directive” insert “reading that Article as if the reference to a Member State is also a reference to the competent authority”;

• (e) in the definition of “periodic CPC”, after “training)” insert “reading that Article as if references to Member States and Member States' competent authorities are also references to the competent authority”;

• (f) in the definition of “periodic training”, after “Directive” insert “reading that Article as if the requirement placed on Member States is also a requirement placed on the competent authority”; ...

• (fa) in the definition of “periodic training course”, after “Directive” insert “as if references to Member States in that Section were also references to the competent authority”; and

• (g) in the definition of “third country”, at the end insert “or the United Kingdom”.

4

In regulation 3(1) (persons to whom these Regulations apply), before sub-paragraph (a) insert—

(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;

5

In regulation 4(8)(b) (persons who must take initial CPC test), omit “other than the United Kingdom;”.

6

In regulation 5(4) (initial CPC test), before sub-paragraph (a) insert—

(za) is a national of the United Kingdom,

7

In regulation 6(10) (persons providing periodic training courses), before sub-paragraph (a) insert—

(za) a national of the United Kingdom;

8

In regulation 8 (driver qualification card)—

• (a) omit paragraph (4), and

• (b) in paragraph (8)(a), before paragraph (i) insert—

(zi) is a national of the United Kingdom;

9

In regulation 8A, omit paragraph (5).

10

In regulation 9(4) (time limits for obtaining a CPC), in sub-paragraph (a) omit “other than the United Kingdom”.

11

In regulation 11(2) (requirement to carry and produce evidence of CPC or of training exemption in vehicle)—

• (a) in sub-paragraph (c), omit “other than the United Kingdom”; and

• (b) in sub-paragraph (d), omit “other than the United Kingdom”.

Signed

Signed by authority of the Secretary of State for Transport

Jesse Norman — Parliamentary Under Secretary of State — 2018-09-12

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 2018 c. 16.

[^f00002]: S.I. 2007/605. Regulations 6 and 8 were amended by The Vehicle Drivers (Certificates of Professional Competence) (Amendment No. 2) Regulations 2008 (S.I. 2008/1965), regulation 8 and 11. Regulation 9 was amended by The Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2011 (S.I. 2011/2324), regulation 6(a). There are other amending instruments but none is relevant.

Editorial notes

[^c23387741]: 2018 c. 16.

[^c23405971]: Reg. 1 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^c23405981]: Reg. 2 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^c23387751]: S.I. 2007/605. Regulations 6 and 8 were amended by The Vehicle Drivers (Certificates of Professional Competence) (Amendment No. 2) Regulations 2008 (S.I. 2008/1965), regulation 8 and 11. Regulation 9 was amended by The Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2011 (S.I. 2011/2324), regulation 6(a). There are other amending instruments but none is relevant.

[^c23405991]: Reg. 3 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^c23406001]: Reg. 4 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^c23406011]: Reg. 5 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^c23406021]: Reg. 6 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^c23406031]: Reg. 7 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^c23406041]: Reg. 8 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^c23406051]: Reg. 9 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^c23406081]: Reg. 10 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^c23406091]: Reg. 11 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-5531d488f11d97cd3be892a53495f0ab]: Word in reg. 3(f) omitted (22.7.2020) by virtue of The Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2020 (S.I. 2020/662), regs. 1, 3(2)(a)(i)

[^key-fe033db772c58114de9f4a6b8520c593]: Reg. 3(fa) inserted (22.7.2020) by The Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2020 (S.I. 2020/662), regs. 1, 3(2)(a)(ii)

[^key-61c1af82dd1219a7b09464c3c175404c]: Reg. 11(a) substituted (22.7.2020) by The Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2020 (S.I. 2020/662), regs. 1, 3(2)(b)