Vehicles ‘detained at roadside’ for Driver CPC non-compliance

Reports have emerged that some drivers who require a Driver CPC but do not hold one are allegedly being prevented from continuing with their journeys when they are detected at roadside checks.
 
Speaking at the Freight Transport Association’s Transport Manager 2013 conference in Chepstow, Ian Smith of the FTA’s Members’ Advice service said that he had had reports of three instances in the previous two weeks in which drivers had been stopped and told their vehicles would only be released into the hands of a qualified driver.
 
He said: “These were drivers who had acquired their LGV licences after the inception of the Driver CPC, but had not taken Modules Two and Four of the driving test, which would have given them the vocational qualification in addition to the driving licence.
 
“It appears to be a particular issue for drivers who acquired their licence in the armed forces, and are working for agencies.”

A spokesperson for VOSA told Transport Operator that the agency could not comment on individual cases without being in possession of the full facts, but that it has “no power to prevent [drivers] from continuing on their journey” on the grounds of Driver CPC non-compliance.

“VOSA takes Driver CPC enforcement seriously and this forms an integral part of every roadside encounter and operator visit,” she said.

“Where we identify non-compliance our enforcement examiners will deal with this in the appropriate manner and in line with current policy, which includes issuing a fixed penalty to drivers who cannot produce evidence of completing their training, and prosecuting those who drive without actually undertaking the training. However, VOSA is not currently empowered to impound vehicles or prohibit drivers for CPC infringements.”

It is therefore currently unclear whether the incidents cited by FTA may have been the result of police involvement, a breach of agency policy, or simply a reflection of the fact that drivers had been told by VOSA staff they were driving illegally and felt they could not continue with their journey without repercussions.
 
At the conference, Ian Smith warned transport managers to be take care to ensure that any driver agencies they used were undertaking proper checks on licences and entitlements.
 
“There’s a maximum fine of £1,000 for operators employing unqualified drivers for ‘causing and permitting’,” he reminded delegates.
 
Transport managers also needed to be cautious when employing foreign drivers, he warned, pointing out that some European countries had different inception dates for Driver CPC – and that while some nationalities were issued with qualification cards as in Britain, others had European driving licences which showed a Code 95 to indicate qualification.
 
He warned managers they should be very careful about using exemptions to the Driver CPC laws.
 
“These are very specific and tightly written. For instance, carrying a passenger will nullify the ‘driving an empty vehicle for a distance of less than 50 km’ exemption.”
 
Smith added that a percentage of calls to the Advice Centre were being prompted by drivers telling their employers about ‘different’ interpretations of the law after returning from Driver CPC courses.
 
“There are instances of drivers coming back with information that is just plain wrong that they have been told at Driver CPC sessions. It’s a clear case that you get what you pay for,” he said.

VOSA told Transport Operator that drivers or operators who are concerned about poor quality courses should contact the Driving Standards Agency.
 
Internal advice issued by VOSA to its staff and seen by Transport Operator indicates that the agency is asking all drivers for proof of Driver CPC compliance. Drivers caught without the qualification or exemption are to be reported for prosecution, and the relevant traffic commissioner is to be informed so that further action can be taken.
 
For the moment, only passenger-carrying vehicle (PCV) drivers and those large goods vehicle (LGV) drivers who passed their tests after 10 September 2009 come into scope.
 
The advice reads: “In the introduction to Driver CPC we had a light touch approach and were dealing with this item by providing advice and guidance. However, there is a Graduated Fixed Penalty and Deposit notice of £50 for failing to produce evidence of completion of the necessary training.
 
“It has now been agreed with the senior traffic commissioner that in cases where a driver is found to be driving without having completed the necessary training a report will be submitted to the traffic commissioner. This is in addition to prosecution action being taken.
 
“With immediate effect all cases relating to contraventions of Regulation 11 of the Vehicle Drivers (Certificate of Professional Competence) Regulations 2007 are to be reported to the traffic commissioner.”
 
The guidelines state that: “For all roadside encounters a check should be made on whether a driver is already in scope… If in scope – check that [the driver has] a card. If they do not comply, in that they have not completed the training, then report for prosecution. This should then be reported to the TC – with a brief assessment made of the extent of the operator’s failings to check.”
 
The guidance makes clear that when drivers are found to be driving without the necessary qualifications, VOSA will contact the fleet operator for an assessment of their compliance procedures.
 
The agency told staff that reports to the traffic commissioner: “should be accompanied by an assessment of an operator’s systems for ensuring driver CPC compliance. This can be done by means of a follow-up visit.
 
“However, where the only failings that have been noted for an operator are only those relating to a driver having failed to meet Driver CPC requirements, then this could be done by a telephone assessment.
 
“Whichever approach is used, the following areas should be explored: (a) what systems the operator has in place for knowing their drivers’ CPC status, and that only those meeting the requirements (or not in scope) drive; (b) what support the operator provides to their drivers to ensure that they have opportunity to meet the requirements; [and] (c) where they are aware of failings in their systems (or lack of systems), what they plan to do about it.
 
“Should the assessment be conducted by telephone then a note should be made of the conversation and the operators’ agreement that it reflects the conversation should be sought – by e-mail if possible.”
 
The guidance continues: “In cases where a driver claims to have completed the relevant training but cannot produce their card, then the validity of the card and/or training is to be confirmed by the Driver Validation Service. Where the driver is still awaiting receipt of his card having recently applied for one then no action is to be taken. In all other circumstances a FP [fixed penalty] is to be issued but no report is required for the TC [traffic commissioner].”
 
VOSA staff encountering drivers who are not yet in scope of the Driver CPC are handing out leaflets and raising awareness of the forthcoming requirements, and the consequences of failure to comply for both drivers and operators.
 
Meanwhile, training specialist Tachodisc also emphasised the problem highlighted by FTA’s Ian Smith, of drivers who have passed their tests since Driver CPC’s introduction, but who may not have realised Modules 2 and 4 of the driving test are mandatory for the Driver CPC qualification.
 
The company said it believes the confusion stems from the fact that driving licences are issued once Parts 1 and 3 of the test are completed successfully, even though these parts alone do not qualify the driver to drive professionally.
 
Said managing director Karen Crispe: “It has recently come to our attention via our training school that there are a number of PCV and LGV drivers who have unintentionally not completed Modules 2 and 4 of the driving test, which means they are not fully qualified to drive professionally, and could be driving illegally.
 
“The feedback we have received from drivers is that they genuinely believed they were qualified because they had a physical driving licence; they had all overlooked parts 2 and 4 of the test thinking they were optional.
 
“However, under the new EU Directive, parts 2 and 4 are only optional for drivers wanting to have a vocational driving licence (or when driving vehicles that are exempt from CPC).  They are not optional for professional drivers who want to drive buses, coaches or lorries for a living; these drivers must pass all four modules – 1, 2, 3 and 4 – to comply with Driver CPC rules.”

VOSA told Transport Operator it had identified 79 Driver CPC offences at the roadside between April and the end of September, and issued 33 fixed penalties. In the same period there were 11 prosecutions, the agency said, with fines being issued to operators of up to £1,000, and to drivers of up to £400. The costs awarded varied from £75 to £285.