Government proposes U-turn on Driver CPC exemptions
The Driving Standards Agency is analysing responses to a consultation, which closed on 28 June, on two proposals it has made to widen the current scope of Driver CPC (DCPC) exemptions – including for drivers of vehicles being taken to and from VOSA testing facilities, and some drivers travelling short distances without passengers or goods.
The review of the exemptions comes in the wake of significant concern within the industry over elements of the UK’s interpretation of DCPC rules, as highlighted by Transport Operator on several occasions since February. Previous guidance issued by the government suggested that mechanics taking vehicles to annual test, for example, would fall under the scope of DCPC.
In the preamble to its consultation document, the agency admitted it had received: “representations from trade bodies [which] have highlighted situations such as vehicle engineers taking vehicles to a VOSA testing station, valets delivering or collecting leased or rental vehicles, engineers delivering changeover buses, and employees moving vehicles in the environs of depots, where the requirement to hold a DCPC is perceived to be a disproportionate burden.”
As our July/August edition went to press, no announcement had been made on the results of the consultation – but the unusually short time-span of the exercise suggests that a final decision may soon be forthcoming, particularly given the looming DCPC training deadline for bus and coach operators.
One possible explanation for the high-speed consultation is that the DSA is hoping to rush through the changes prior to that deadline, but it admits that it is unlikely to be able to do this.
“Should ministers decide to implement these proposals, our aim would be to introduce the necessary regulatory changes as soon as possible but this would be unlikely to be before [the PCV training deadline of] 10 September 2013,” the agency said.
In its consultation, the DSA proposed: “to consider exempting from the requirement to hold a DCPC drivers of vehicles travelling relatively short distances without passengers or goods, not operating for hire or reward and driven as an incidental part of the driver’s job. The exemption would be for a person who is permitted by the vehicle operator to drive the relevant vehicle within 50 kilometres of the driver’s base.”
This, DSA claimed, “would allow drivers without a DCPC to move vehicles in the environs of a bus, coach or lorry depot, provided they had the appropriate driving licence. It would also permit valets working for leasing and rental firms to drive empty vehicles on the road within 50 km of their operating base.”
In addition the exemption would “allow staff to changeover buses within a 50 kilometre radius of their depot and to pick up and drop off vehicles for maintenance within the same radius.
“Similarly, staff used by self drive rental and leasing companies would be able to deliver, collect and refuel vehicles as part of their more general employment without the need for DCPC.”
The above exemption would be dependent on several conditions: namely, that “the vehicle remained within a 50 km radius of the driver’s base; the driver had the consent of the vehicle operator or lessor (as appropriate) to drive the vehicle; the vehicle was not being used for hire and reward; no goods or passengers were being carried on the vehicle; and driving such vehicles was not the driver’s principal work.”
In addition, the DSA proposed a second exemption specifically covering the driving of vehicles to and from VOSA testing facilities, including facilities authorised by VOSA.
Said the agency: “This would extend slightly the existing exemption related to road tests. Unlike the previous proposal we do not propose to limit this exemption to empty vehicles or a maximum distance. This is because it is clearly limited in scope, can be checked readily for enforcement purposes and the existing exemption related to road tests has no such limitations.
“However, we would expect the vehicle to be attending for a pre-booked inspection and for it to be following a reasonably direct route.
“This proposed exemption does not extend to the delivery of newly purchased vehicles. We have been asked to consider this too, but are not proposing an exemption. These journeys may be long, can be done by people who are professional drivers and may be difficult to check.”
DSA concluded by saying it believed the proposals would: “avoid a disproportionate burden being placed on a number of people who drive in the course of their jobs, but whose main responsibilities do not relate to driving. Moreover, it is proposed that the wider of the two exemptions would be subject to conditions including distance, the carriage of goods or passengers, and the use of the vehicle for hire and reward.
“We consider that the proposed exemptions would make very little difference to the road safety and other benefits of DCPC.”
DSA added that it was “not seeking comments about the implementation of DCPC except in relation to the scope of the exemptions. The European Commission has indicated it is likely to review the implementation of DCPC more widely. We also intend to consider any wider issues at a later stage.”
In May, both the Freight Transport Association and Road Haulage Association highlighted the particular problem of mechanics having been deemed to fall under the scope of Driver CPC when undertaking certain activities.
In June, the DSA reinstated detailed guidance on Driver CPC exemptions on the gov.uk website which had previously been removed (as reported in our last issue) – with a caveat that several examples given, relating to mechanics and valets, remained under review.
In its introduction to the guidance, DSA says: “This guide sets out examples and tells you if the DSA thinks you’d be exempt in those situations. However, this doesn’t carry any legal weight. Only a court can make a decision on how the rules about Driver CPC are interpreted. You should get legal advice if you want to rely on one of these exemptions.”
While the consultation is now closed, operators can read the documentation at:
http://tinyurl.com/qxrne5y
