Driver CPC: insurance warning as date is set for exemption reforms
Insurance giant Aviva has warned operators their motor cover may become void if it discovers that a driver involved in a claim accident should hold a Driver CPC, but does not.
Responding to an enquiry from Transport Operator, the company said: “If a claim was made where a driver didn’t have a required Driver CPC it would not void the insurance. However we would seek clarification from our Policyholder as to why they are permitting employees to use their vehicles who do not have the appropriate Driver CPC and make a decision as to whether we would continue with the risk.
“We would expect our Policyholders to have a system in place that would check on a regular basis that drivers held the appropriate driving licence, Driver CPC and any other legal requirements,” the company said.
Operators should therefore establish what their own insurer’s position is, and take suitable steps to ensure that all drivers, qualified or not, are correctly covered.
A decision by one insurer to suspend or to not offer renewal of cover can lead to difficulties in obtaining cover from other providers.
This issue may be particularly important where the new exemptions are shortly to apply (see below). Although VOSA has confirmed that it will not issue fines or penalties to drivers affected by the changes, for the moment they are still legally required to hold a DCPC card by the letter of the law, and continuing insurance cover may be called into question if a claim ensues before the legislation is amended.
This is now expected to occur on 1 November 2013. The changes to the Vehicle Drivers (Certificate of Professional Competence) Regulations 2007 are estimated to affect around 76,000 individuals who drive empty heavy vehicles for purposes such as delivery and repair, and are expected to save employers and drivers £250 million over 10 years.
The Driving Standards Agency announced the two exemptions in August. It said the first would benefit “both mechanics and valets delivering vehicles” and would apply “as long as no goods or passengers are being carried, the vehicle is not being used for hire or reward, driving heavy goods vehicles (HGVs) or public service vehicles (PSVs) is not the driver’s main job and the vehicle remains within 50 kilometres of the driver’s base.
“The second exemption benefits mechanics – it applies as long as the vehicle is being driven to an official test at a VOSA or authorised testing facility.”
VOSA had already said it would not pursue infringements against those who would be exempt once the new rules were introduced; but the news will nonetheless come as a relief to those operators who remained uncertain of where they stood following controversy over the issue earlier this year, which led trade associations to raise their concerns with government about the scope of Driver CPC.
