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PostPosted: Wed Aug 28, 2013 8:51 am 
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grandad wrote:
Will someone with D1 with the 101 exclusion need to take the CPC if they only ever take the vehicle in for maintenance inspections?

I asked this during my cpc training (need to keep driving psv..a joke as ive been driving European tours for the last 24 years)
the answer we got was

not if going for a booked mot and you don't do any other driving for your company.


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PostPosted: Wed Aug 28, 2013 9:04 am 
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grandad wrote:
Will someone with D1 with the 101 exclusion need to take the CPC if they only ever take the vehicle in for maintenance inspections?

The answer is in the linky above. 8)


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PostPosted: Wed Aug 28, 2013 9:05 am 
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Sussex wrote:
roythebus wrote:
You have until 14th September (or around that date) to get trained or stop driving over 8 seats. £1000 fine if you don't have the card with you, plus the operator can be fined for causing or permitting you to drive without the DCPC, plus there is a chance the vehicle could be seized.

Might be an end to loads of hummers. \:D/ \:D/ \:D/ \:D/ \:D/ \:D/ \:D/
8) :mrgreen:


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PostPosted: Thu Aug 29, 2013 9:19 pm 
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roythebus wrote:
grandad wrote:
Will someone with D1 with the 101 exclusion need to take the CPC if they only ever take the vehicle in for maintenance inspections?

The answer is in the linky above. 8)



That would be if the Particular Vehicle was a COIF Minibus with an Operators licence surely. Would be a bloody irony if People who pass their D1 test with 101 removed can no longer drive a Hired or private 16 seater for personal use yet Joe bloggs or the charity parasites can drive it on a D1 with 101 car license.

Im not Convinced..Im sure I can still Drive a standard rented 16 passenger seat vehicle with my D1 and without a CPC, but not a 16 seater with paying passengers, but possibly I could drive that same 16 seater with no passengers where no hire or reward has been gained from such actions.


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PostPosted: Fri Aug 30, 2013 1:12 am 
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According to the linky above, ALL over 8 seats including charity minibuses (which are operated for "financial activity") will need DCPC even if with 101 exemption.


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PostPosted: Fri Aug 30, 2013 1:57 am 
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I have D1 on my licence, and sometimes i'm asked to drive a 15 seat minibus for the family, will this stop this happening or will I still be able to drive it, the family normally club together to hire the bus, I dont get paid anything just kept supplied with soft drinks and food


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PostPosted: Fri Aug 30, 2013 8:05 am 
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skippy41 wrote:
I have D1 on my licence, and sometimes i'm asked to drive a 15 seat minibus for the family, will this stop this happening or will I still be able to drive it, the family normally club together to hire the bus, I dont get paid anything just kept supplied with soft drinks and food


you dont need a DCPC for unpaid driving, the grey area is "what is H&R", as when (say) a firm supplies a bus for workers and the driver is PAYE, although a PAYE truck driver DOES need a DCPC

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PostPosted: Fri Aug 30, 2013 8:51 am 
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You certainly DO need a DCPC for "unpaid driving", especially if you're a voluntary sector "charity" s19 or s21 driver. I would say that hiring a minibus for your own family would be exempt, but you are not exempt from drivers' hours or tacho laws.

The "hire and reward", "not for profit" etc statements used by the UK government has in my view been clarified by an EU Court ruling in the case of Glockner, where it was deemed that any form of money (favours, goods in kind)changing hands for transport is "financial activity", regardless of the status of the operating company, i.e. plc, charity "not for profit", sole trader doing it for a living etc.

So if driving a D1 is not your main job, your passengers are not paying anything, you are not getting paid, you "should" be ok, but no doubt it will take a test case in the UK to prove the point, even though EU case law is crystal clear on these matters. With information I have to hand which I can't publish yet due to ongoing EU talks, the UK government has been dishing out wrong information for years to protect the CT groups.

I would say that something like a scout group minibus driver will need a DCPC because the bus is paid for out of the scout group funds; "financial activity".


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PostPosted: Fri Aug 30, 2013 10:23 am 
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Vehicle uses where you don’t need Driver CPC

Quote:
You don’t need Driver CPC if the vehicle you drive is:

used for non-commercial carriage of passengers or goods for personal use
used to carry material or equipment you use for your job - but driving the vehicle can’t be the main part of your job
used for driving lessons for anyone who wants to get a driving licence or a Driver CPC
used by, or is under the control of, the armed forces, civil defence, the fire service and forces responsible for maintaining public order
used in states of emergency or for rescue missions



https://www.gov.uk/driver-certificate-o ... driver-cpc

Anyone self drive hiring a 17 seater for personal/family wont have a digicard anyway

roythebus wrote:
You certainly DO need a DCPC for "unpaid driving", especially if you're a voluntary sector "charity" s19 or s21 driver. I would say that hiring a minibus for your own family would be exempt, but you are not exempt from drivers' hours or tacho laws.

The "hire and reward", "not for profit" etc statements used by the UK government has in my view been clarified by an EU Court ruling in the case of Glockner, where it was deemed that any form of money (favours, goods in kind)changing hands for transport is "financial activity", regardless of the status of the operating company, i.e. plc, charity "not for profit", sole trader doing it for a living etc.

So if driving a D1 is not your main job, your passengers are not paying anything, you are not getting paid, you "should" be ok, but no doubt it will take a test case in the UK to prove the point, even though EU case law is crystal clear on these matters. With information I have to hand which I can't publish yet due to ongoing EU talks, the UK government has been dishing out wrong information for years to protect the CT groups.

I would say that something like a scout group minibus driver will need a DCPC because the bus is paid for out of the scout group funds; "financial activity".

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PostPosted: Fri Aug 30, 2013 8:34 pm 
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wannabeeahack wrote:
Vehicle uses where you don’t need Driver CPC

Quote:
You don’t need Driver CPC if the vehicle you drive is:

used for non-commercial carriage of passengers or goods for personal use
used to carry material or equipment you use for your job - but driving the vehicle can’t be the main part of your job
used for driving lessons for anyone who wants to get a driving licence or a Driver CPC
used by, or is under the control of, the armed forces, civil defence, the fire service and forces responsible for maintaining public order
used in states of emergency or for rescue missions



https://www.gov.uk/driver-certificate-o ... driver-cpc

Anyone self drive hiring a 17 seater for personal/family wont have a digicard anyway

roythebus wrote:
You certainly DO need a DCPC for "unpaid driving", especially if you're a voluntary sector "charity" s19 or s21 driver. I would say that hiring a minibus for your own family would be exempt, but you are not exempt from drivers' hours or tacho laws.

The "hire and reward", "not for profit" etc statements used by the UK government has in my view been clarified by an EU Court ruling in the case of Glockner, where it was deemed that any form of money (favours, goods in kind)changing hands for transport is "financial activity", regardless of the status of the operating company, i.e. plc, charity "not for profit", sole trader doing it for a living etc.

So if driving a D1 is not your main job, your passengers are not paying anything, you are not getting paid, you "should" be ok, but no doubt it will take a test case in the UK to prove the point, even though EU case law is crystal clear on these matters. With information I have to hand which I can't publish yet due to ongoing EU talks, the UK government has been dishing out wrong information for years to protect the CT groups.

I would say that something like a scout group minibus driver will need a DCPC because the bus is paid for out of the scout group funds; "financial activity".

Yep, I've seen the list of exemptions; they are far fewer than HM Gov originally publicised!


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PostPosted: Sat Aug 31, 2013 2:44 pm 
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The answer with goods is for the goods to pass to your ownership just before the journey and back to the previous owner just after, and you only need a restricted O-licence then too, not a national....lol

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PostPosted: Sat Aug 31, 2013 6:29 pm 
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No, that one's been tried and tested in the courts... :shock:

Much like the taxi/ph drivers mrs who used her own car to take people for free....nicked....guilty....the business benefitted from the activity.


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PostPosted: Sat Aug 31, 2013 9:39 pm 
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just have no paperwork then, and say nothing, very hard to prosecute a pallet

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PostPosted: Mon Sep 02, 2013 7:25 am 
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wannabeeahack wrote:
just have no paperwork then, and say nothing, very hard to prosecute a pallet

Dunno, there's been enough cases of drivers as thick as 2 short planks being prosecuted... :D


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PostPosted: Mon Sep 02, 2013 7:35 am 
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How soon after the 9th do you think the first drivers will be stopped? Just how large are VOSA's resources? Where will the easiest pickings be for them?

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