Consultation outcome

Amendments to Driver CPC regulations

Updated 30 June 2020

1. Background

In 2007, EU directive 2003/59/EC was transposed into UK legislation (EU law was made into UK law) by the Vehicle Drivers Certificates of Professional Competence (CPC) Regulations 2007 SI No 605 (as amended) (the ‘CPC Regulations’).

The directive required that most drivers engaged in the carriage of carrying goods or passengers by road should complete compulsory initial training and periodic retraining when they are driving lorries of all sizes, buses, minibuses or coaches.

In 2013, the European Commission carried out a consultation on how well directive 2003/59/EC achieved its policy objectives.

The Driver and Vehicle Standards Agency (DVSA) submitted a formal response to this consultation, informed by evidence gathered from stakeholders through a questionnaire and group discussions.

As a result of the European Commission’s consultation, various shortcomings in Driver CPC were identified.

The main shortcomings were:

• difficulties relating to, and legal uncertainty in the interpretation of exemptions
• the content of the training, which was found to be only partially relevant for drivers’ needs
• difficulties for drivers in obtaining mutual recognition of completed or partially completed training undergone in another Member State
• inconsistencies of minimum age requirements between directives 2003/59/EC and 2006/126/EC of the European Parliament and of the Council

2. Why is government intervention necessary?

Government intervention is necessary to amend the required domestic legislation.

To address these shortcomings, EU directive 2003/59/EC was amended by directive (EU) 2018/645 in 2018. These amendments to the EU directive now need to be implemented into UK law.

3. Executive summary

This consultation sets out proposals to implement EU directive 2003/59 EC in EU law.

Primarily this involves introducing new and modifying existing, exemptions to the requirement to hold a Driver CPC, modifying the subjects that should be covered in training courses and allowing training to be split over 2 days.

Directive 2018/645 also made provision for Member States to allow drivers with a category B driving licence to drive heavier alternatively- fuelled vehicles than conventionally-fuelled vehicles.

However, there is already a GB-specific derogation from the normal EU requirements allowing the use of alternatively-fuelled vehicles in the UK.

This consultation asks for your views on the impacts of various measures to ensure road safety when driving heavier vehicles than those normally allowed by a driver’s licence.

This consultation also seeks your views on our proposals to issue longer CPC course approvals. These proposed changes are unrelated to those made by EU directive 2018/645.

4. Changes made by the directive and our proposals

4.1 1. Exemption for maintenance personnel driving category D and D1 vehicles

The directive states:

‘Vehicles for which a driving licence of category D or D1 is required and which are driven without passengers by maintenance personnel to or from a maintenance centre situated in the vicinity of the nearest maintenance base which is used by the transport operator, provided that driving the vehicle does not constitute the driver’s principal activity.’

We consider that this exemption is already covered by our existing domestic regulations whereby empty category C or D vehicles may be driven within 100km of their base, providing that driving is not the driver’s principal activity.

Proposal 1

We propose that to avoid any confusion regarding a continued exemption for both category C and D that we retain our current domestic legislation and not change the UK law.

Question 1

Do you agree that we should retain our current arrangements and not change the UK law?

4.2 2. Non-commercial

Currently, the CPC directive does not apply to those driving vehicles carrying goods, materials or passengers on a non-commercial basis for personal use.

This exemption has been amended to leave out the personal use requirement.

The exemption now reads:

“This directive shall not apply to the drivers of vehicles used for non-commercial carriage of passengers or goods.”

Proposal 2

We intend to implement this exemption.

For more information on Driver CPC exemptions and practical examples you can read the DVSA guidance.

Question 2

Do you agree we should implement this exemption?

Question 3

Would practical examples clarifying whether Driver CPC is needed in certain circumstances under the amended exemption help in understanding the law?

Please indicate in your response the circumstances you would like any practical examples to cover and how common you believe such circumstances to be.

4.3 3. Exemption for drivers of vehicles in rural areas

The directive introduces a new exemption from the requirement to hold a Driver CPC.

This applies when “drivers of vehicles operate in rural areas to supply the driver’s own business, drivers do not offer transport services and Member states consider that the transport is occasional and does not have an impact on road safety.”

The directive notes that:

“due to the different conditions in rural areas within the Union in terms of geography, climate and population density, member states should have discretion in determining whether such driving can be considered to be occasional and whether such an exemption has an impact on road safety.

For example:

• on the basis of the type of road
• the traffic volume
• the presence of vulnerable road users.”

We consider that occasional journeys can be carried out without any impact on road safety. However, we do not consider that a driver would necessarily fall within this exemption if driving on a motorway.

In the main, we intend to use the definition of rural in England and Wales as set out in the ‘2011 Rural Urban Classification Of Output Areas’ published by the Office For National Statistics in August 2013 and in Scotland, an area classified as rural in the ‘Scottish Government Urban Rural Classification 2016’ published by the Scottish Government in March 2018 to determine whether a driver is operating in a rural area.

In Northern Ireland, the definition of a rural area is set out in ‘Review of the Statistical Classification and Delineation of Settlements March 2015’ (NISRA)

Proposal 3

We intend to incorporate this exemption into UK law and we will update our guidance accordingly.

Question 4

Do you agree with these definitions of a rural area? If not how should a rural area be defined and why?

Question 5

Do you agree with our intention to incorporate this exemption into UK law?

4.4 4. Exemption for drivers of vehicles in certain industries

The Directive introduces a new exemption from the requirement to undergo CPC training.

This applies to ‘drivers of vehicles used, or hired without a driver, by agricultural, horticultural, forestry, farming or fishery undertakings for carrying goods as part of their own entrepreneurial activity, except if driving is part of the driver’s principal activity or the driving exceeds a distance set in national law from the base of the undertaking which owns, hires or leases the vehicle.’

Under this exemption, if you are employed by or own an agricultural, horticultural, forestry farming or fishery business, you do not need Driver CPC to transport goods as part of the business’s economic activity, as long as driving is not the driver’s principal activity.

We could set out a maximum radius that a driver could travel from their base when incorporating this exemption into UK law, which would fit in with existing exemptions.

However, we are aware that some stakeholders would not wish to see such a restriction.

Proposal 4

We intend to incorporate this exemption into UK law and DVSA will update its guidance accordingly.

Question 6

Do you agree with our intention to incorporate this into UK law?

Question 7

Do you think we should set a maximum radius that a driver can travel from the base of the business site when we incorporate this exemption into UK law?

4.5 5. Enabling certain alternatively-fuelled vehicles to be driven on a category B licence

In 2017, the government consulted on removing barriers to make it easier to start using alternatively-fuelled vehicles.

As a result of the feedback obtained through the consultation, the government obtained an derogation from the European Commission to allow category B (car) driving licence holders to drive a slightly heavier commercial vehicle, if it’s powered by low-emission technology.

This derogation was granted and implemented in GB law by the Motor Vehicles (Driving Licences) (Amendment) Regulations 2018 (the 2018 Regulations).

This derogation allowed category B licence holders to drive an alternatively-fuelled vehicle that weighs between 3.5 and 4.25 tonnes, provided it is not driven outside of Great Britain, is used for the transportation of goods, is not towing a trailer and the driver has completed a minimum of 5 hours training.

On 29 April 2019, the government published guidance on appropriate training to enable industry to take advantage of this derogation.

The CPC directive provides for member states to allow alternatively- fuelled vehicles with a maximum authorised mass above 3,500 kg but not exceeding 4,250 kg to be used for the transport of goods operating without a trailer by holders of a category B driving licence, which was issued 2 years before, provided that the mass in excess of 3,500 kg is due exclusively to the excess of mass of the propulsion system.

The government does not intend to implement this exemption at this time.

There has not been sufficient time for industry to take full advantage of the original GB-only derogation, as such replacing it with a new exemption would introduce unnecessary regulatory uncertainty for businesses attempting to reduce their carbon emissions.

The existing derogation will remain in place until 2023.

Nevertheless, the government is keen to understand the perceived impacts of various measures to ensure road safety when driving heavier vehicles than would normally be allowed by a driver’s licence.

Question 8

Is requiring extra training a proportionate and effective measure to ensure road safety when driving a heavier vehicle than a driving licence would usually allow?

Question 9

Is requiring drivers to hold their licences for a minimum period of time before they can drive a heavier vehicle than their licence entitlement would usually allow, a proportionate effective measure to ensure road safety?

Question 10

Is either measure preferable, and if so why?

4.6 6. Definition of driving as a principal activity

The text of the directive states: ‘Generally, driving is deemed not to be the driver’s principal activity where it occupies less than 30% of the rolling monthly working time.’

The exemption for drivers of vehicles in rural areas and the exemption for drivers in certain industries as set out in paragraphs 3 and 4 only apply where driving is not the principal activity.

We intend to use the description of principal activity in the text to determine whether drivers are meeting the principal activity requirement of Driver CPC exemptions.

Question 11

How could less than 30% of the rolling monthly time be recorded and evidenced to show that driving was not the principal activity?

4.7 8. Amendments to Annex 1

Proposal 5

We intend to implement all the changes to Annex 1 set out in the directive as they provide further clarity and flexibility in the training system and consistency with vehicle technological advances/driving in modern traffic conditions.

The directive replaces the minimum level of knowledge with a minimum level of qualification stating:

‘The minimum level of qualification shall be comparable at least to level 2 of the European Qualifications Framework.’

We do not consider that this will have any practical impact on trainers or trainees.

Objective 1.2

To know the technical characteristics and operation of the safety controls in order to control the vehicle, minimise wear and tear and prevent disfunctioning has been amended to read:

‘limits to the use of brakes and retarder, combined use of brakes and retarder, making better use of speed and gear ratio, making use of vehicle inertia, using ways of slowing down and braking on downhill stretches, action in the event of failure, use of electronic and mechanical devices such as Electronic Stability Program (ESP), Advanced Emergency Braking Systems (AEBS), Anti-Lock Braking System (ABS), traction control systems (TCS) and in vehicle monitoring systems (IVMS) and other, approved for use, driver assistance or automation devices.’

Objective 1.3

Ability to optimise fuel consumption has been amended to read:

‘optimisation of fuel consumption by applying know-how as regards points 1.1 and 1.2, importance of anticipating traffic flow, appropriate distance to other vehicles and use of the vehicle’s momentum, steady speed, smooth driving style and appropriate tyre pressure, and familiarity with intelligent transport systems that improve driving efficiency and assist in route planning.’

Objective 1.3a

A new objective 1.3a has been added: ‘ability to anticipate, assess and adapt to risks in traffic’

‘to be aware of and adapt to different road, traffic and weather conditions, anticipate forthcoming events; to understand how to prepare and plan a journey during abnormal weather conditions; to be familiar with the use of related safety equipment and to understand when a journey has to be postponed or cancelled due to extreme weather conditions; to adapt to the risks of traffic, including dangerous behaviour in traffic or distracted driving (through the use of electronic devices, eating, drinking, etc.); to recognise and adapt to dangerous situations and to be able to cope with stress deriving therefrom, in particular related to size and weight of the vehicles and vulnerable road users, such as pedestrians, cyclists and powered two wheelers’

‘to identify possible hazardous situations and properly interpret how these potentially hazardous situations may turn into situations where crashes can no longer be averted and selecting and implementing actions that increase the safety margins to such an extent that a crash can still be averted in case the potential hazards should occur.’

Objective 1.4

Ability to load the vehicle with due regard for safety rules and proper vehicle use now reads:

‘forces affecting vehicles in motion, use of gearbox ratios according to vehicle load and road profile, use of automatic transmission systems, calculation of payload of vehicle or assembly, calculation of total volume, load distribution, consequences of overloading the axle, vehicle stability and centre of gravity, types of packaging and pallets’

‘main categories of goods needing securing, clamping and securing techniques, use of securing straps, checking of securing devices, use of handling equipment, placing and removal of tarpaulins.’

Objective 1.5

Ability to ensure passenger comfort and safety has been amended to:

‘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).’

Objective 1.6

Ability to load the vehicle with due regard for safety rules and proper vehicle use now reads:

‘forces affecting vehicles in motion, use of gearbox-ratios according to vehicle load and road profile, use of automatic transmission systems, calculation of payload of vehicle or assembly, load distribution, consequences of overloading the axle, vehicle stability and centre of gravity.’

Objective 2.1

To know the social environment of road transport and the rules governing it has been replaced with:

‘maximum working periods specific to the transport industry; principles, application and consequences of Regulations (EC) No 561/2006 (*) and (EU) No 165/2014 (**) of the European Parliament and of the Council; penalties for failure to use, improper use of and tampering with the tachograph; knowledge of the social environment of road transport: rights and duties of drivers as regards initial qualification and periodic training.’

Objective 2.2

To know the regulations governing the carriage of goods has been replaced with:

‘transport operating licences, documents to be carried in the vehicle, bans on using certain roads, road-use fees, obligations under standard contracts for the carriage of goods, drafting of documents which form the transport contract, international transport permits, obligations under the Convention on the Contract for the International Carriage of Goods by Road, drafting of the international consignment note, crossing borders, freight forwarders, special documents accompanying goods.’

Objective 3.7

To know the regulations governing the carriage of goods is replaced by the following:

‘road transport in relation to other modes of transport (competition, shippers), different road transport activities (transport for hire or reward, own account, auxiliary transport activities), organisation of the main types of transport company and auxiliary transport activities, different transport specialisations (road tanker, controlled temperature, dangerous goods, animal transport, etc.), changes in the industry (diversification of services provided, rail-road, subcontracting, etc.).’

Objective 3.8

To know the economic environment of the carriage of passengers by road and organisation of the market has been replaced with;

‘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.’

We do not envisage that trainers will have to make drastic alterations to their training programmes or that any changes to those programmes will occur overnight.

This will be covered as part of the normal approval and audit process DVSA carries out.

However, we would be grateful for your input on how manageable these amendments to the training syllabus will be.

We intend to implement all of the amendments to Annex 1 as listed above.

Question 12

Do you agree that the amendments to Annex 1 should be incorporated into current training programmes?

4.8 8. Amendments to Section 2 of Annex 1 regarding training

Point 2.1

Regarding the initial qualification has been amended to read:

‘Member states may allow part of the training to be delivered by the approved training centre by means of ICT tools, such as e-learning, while ensuring that the high quality and the effectiveness of the training are maintained, and by selecting the subjects where ICT tools can most effectively be deployed.

In particular member states shall require reliable user identification and appropriate means of control. Member States may count specific training required under other Union legislation as part of the training.

This includes, but is not restricted to, training required under directive 2008/68/EC of the European Parliament and of the Council () for the transport of dangerous goods, training on disability awareness under Regulation (EU) No 181/2011 of the European Parliament and of the Council () and training on animal transport under Council Regulation (EC) No 1/2005 ().’

The UK does not allow an initial qualification to be gained by training alone, so we do not propose to transpose 2.1.

4.9 9. Amendments to periodic training

Proposal 7

The new directive allows for the 7 hours of training to be split over 2 days. We intend to implement this option.

The new directive also clarifies the subjects that should form the training and that e-learning can be used for a maximum of 12 hours. Dangerous goods and other relevant training may also count towards periodic training.

The full text is:

‘Compulsory periodic training courses must be organised by an approved training centre.

Their duration must be of 35 hours every 5 years, given in periods of at least 7 hours, which may be split over 2 consecutive days.

Whenever e-learning is used, the approved training centre shall ensure that the proper quality of the training is maintained, including by selecting the subjects where ICT tools can most effectively be deployed. In particular, Member states shall require reliable user identification and appropriate means of control.

The maximum duration of the e-learning training shall not exceed 12 hours. At least one of the training course periods shall cover a road safety related subject.

The content of the training shall take into account training needs specific to the transport operations carried out by the driver and relevant legal and technological developments and should, as far as possible, take into account specific training needs of the driver. A range of different subjects should be covered over the 35 hours, including repeat training where it is shown that the driver needs specific remedial training.’

‘Member states may consider counting the completed specific training as required under other Union legislation for up to one of the stipulated seven-hour periods.

That includes, but is not restricted to, training required under Directive 2008/68/EC for the transport of dangerous goods, training on animal transport under Regulation (EC) No 1/2005, and, for the carriage of passengers, training on disability awareness under Regulation (EU) No 181/2011.

However, member states may decide that completed specific training as required under Directive 2008/68/EC for the transport of dangerous goods counts as 2 of the 7-hour periods, provided that this is the only other training that is taken into account in the periodic training.’

We intend to maintain our current flexibility by not imposing a syllabus and allowing drivers to choose their own courses.

The effect of these changes will give drivers more choice on the type of subjects they wish to study to make up the periodic training and remove the burden of having to repeat training for dangerous goods or other training and Driver CPC.

These changes coupled with spreading the 7 hours over 2 days should make it easier and cheaper for industry to comply.

However, it should be noted that there may be some practical administrative issues in putting these changes into effect and it is likely that it will take some time for these amendments to become embedded.

We intend to implement the changes to periodic training as set out above.

Question 13

Do you agree that these amendments should be implemented?

4.10 10. Other possible changes to be considered with implementation of the amending directive

These items do not form part of the Directive but we would be interested to find out your views on adding them to UK law as part of this legislative opportunity.

10A. Longer course approval periods

The Driver CPC system has now been in place for 10 years. We originally set course approval at one year.

Some stakeholders have reported that many courses are submitted for approval entirely unchanged from the previous year. These courses are audited on a regular basis, so that DVSA can identify any issues and arrange for them to be addressed.

We, therefore consider this might be an opportunity to allow course approval for up to 2 years or maybe an even longer period.

Question 14

Do you consider that course approval periods should be extended from the current one year?

Question 15

If so what time period do you consider should be adopted?

10B. Enforce driver CPC at the roadside from the electronic record

We are seeking your views on potential amendments to the requirements for evidencing Driver CPC so that a driver might be allowed to demonstrate their compliance by either producing a card (as at present) or by the enforcement officer checking the electronic record.

Question 16

Do you think we should explore the option of enforcing Driver CPC compliance from the electronic record?

We would be interested to hear your views on any benefits and issues of this proposal

4.11 11. Recognition of Swiss Driver CPC

The UK Government intends to continue to recognise Driver CPCs issued in Switzerland after we leave the EU.

The UK currently recognises Swiss Driver CPC by virtue of the EU-Swiss Land Transport Agreement, however, we will no longer be party to that treaty upon exit.

The UK has already agreed with Switzerland on reciprocal recognition which will supplement the UK-Swiss Land Transport Agreement that was signed in January 2019.

Maintaining high standards of HGV and PSV driver training for Swiss drivers ensures parity with domestic HGV and PSV drivers who are required under law to undertake initial and periodic training to demonstrate their competence to drive large vehicles.

Question 17

Do you have any comments on the recognition of Swiss Driver CPC?

5. How to respond

The consultation period began on 18 March 2020 and will run until 29 April 2020.

Respond online

Email:

DVSA consultations\
consultations@dvsa.gov.uk

Or write to:

Steve Nelson
Driver and Vehicle Standards Agency
The Axis, Level 4
112 Upper Parliament Street
Nottingham
NG1 6LP

Make sure that your response reaches us before the closing date.

When responding, please state whether you are responding as an individual or representing the views of an organisation.

If responding on behalf of a larger organisation, please make it clear who the organisation represents and, where applicable, how the views of members were assembled.

If you have any suggestions of others who may wish to be involved in this process please contact us.

Contact Steve Nelson if you need this consultation document in an alternative format (such as braille or audio CD)

6. What will happen next

A summary of responses, including the next steps, will be published within three months of the consultation closing on date.

Paper copies are available on request.

7. Freedom of information

Information provided in response to this consultation, including personal information, may be subject to publication or disclosure in accordance with the Freedom of Information Act 2000 (FOIA) or the Environmental Information Regulations 2004.

If you want information that you provide to be treated as confidential, please be aware that, under the FOIA, there is a statutory Code of Practice with which public authorities must comply and which deals, amongst other things, with obligations of confidence.

In view of this, it would be helpful if you could explain to us why you regard the information you have provided as confidential.

If we receive a request for disclosure of the information, we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances.

An automatic confidentiality disclaimer generated by your IT system will not, of itself, be regarded as binding on the Department for Transport.

The department will process your personal data in accordance with the Data Protection Act (DPA) and in the majority of circumstances this will mean that your personal data will not be disclosed to third parties.

8. Consultation principles

This consultation is being conducted in line with the government’s key consultation principles. Further information is available on the Better Regulation Executive website

If you have any comments about the consultation process please contact consultation@dft.gov.uk or post them to:

Consultation Co-ordinator
Department for Transport
Zone 1/29
Great Minister House
London
SW1P 4DR

Please do not send consultation responses to this address.