Taxi Driver Online

4 slot O licence - runs 7.5tonners

_________________
Of all the things ive lost, i miss my mind the most

This is the latest from the CPT Newsline:

Driver CPC penalties and offences

Confused about driver CPC penalties and offences? Then the following clarification on whether drivers and operators are fined £1,000 for not carrying their Driver CPC cards or if they are fined for driving without having done the CPC training may help. Legally, the Driver Qualification Card is the Certificate of Professional Competence. Driving a vehicle without one in circumstances where you are required to have it is a distinct offence. It is also an offence to cause or permit someone to drive a bus or coach without a CPC when they need one. Both the direct offence and the "permitting/causing" offence carry a fine not exceeding level 3 on the standard scale - £1,000. Fines imposed so far (for relatively new drivers who had not passed the CPC modules) were £173 driver/£989 employer, £356 (driver) and £516 (driver).

There is a separate offence of failing to carry or produce evidence of the CPC. There is no offence of causing or permitting someone to fail to carry their card. The fine for failing to carry the card is also set at level 3 (£1,000). This seems harsh, particularly if someone had a DQC but had left it in their other jacket, and it remains to be seen whether the courts would actually impose a fine of this level. The TCs should be notified of convictions by the courts, and there is also a duty on operators to advise the TCs of convictions they acquire. This could trigger a public inquiry. The "failing to carry or produce" offence is also included in the Graduated Fixed Penalty Notice scheme. It attracts the level one penalty, which has just been increased to £50. Again, the TCs must be notified when this happens.

Its been suggested the whole DCPC could be scrapped...

_________________
Of all the things ive lost, i miss my mind the most

If it is a legal requirement for drivers using the roads in the UK then surely drivers from anywhere that are using our roads must have the DCPC to be able to drive here.

_________________
Grandad,

Eyeee from leeethwania, eyy pas truckie test 1969

_________________
Of all the things ive lost, i miss my mind the most

Eyeee, with Lithwayneeea truck licence emo ok to drive one year more in Ingerland.

In connection with whether a community transport or voluntary sector minibus driver needs a CPC, here's a copy of an email forwarded by one of my correspondents which should explain all:

our ref: 1304/00990
24 April 2013
Dear Mr xxxx
Thank you for your emails of 18 and 23 April about exemptions from the Driver Certificate of
Professional Competence (CPC).
You can see the text of EU Directive 2003159 here. We transposed the Directive into The Vehicle
Drivers (Certificates of Professional Competence) Regulations 2007 [S12007 No 605J (as amended).
Where there was flexibility in how the Directive could be implemented, we worked with stakeholders
from the relevant sectors to agree a policy or approach and this was subject to public consultation. In
terms of exemptions, if you compare Article 2 of the Directive with Regulation 3 of the above
legislation, you will note that the exemptions have been transposed virtually unchanged.
Since its implementation, we have repeatedly engaged with the EU Commission in order to clarify the
scope of the Directive and the interpretation of the exemptions containec in Article 2. In those
discussions, the Commission ind-icated that the exemptions cannot be applied as 'class exemptions' -
whether or not somebody is exempt from DriverCf-C depends on their individual circumstances. I
can only suggest that the default position for the Community Transport Association, and bus, coach
and lorry drivers in general, should be that they need to hold Driver CPC, unless they can
demonstrate one of the exemptions applies to them. I would strongly recommend that a driver or
employer who feels that an exemption applies seeks independent legal advice.
With regard the scenario you described in your email of 23 April, I would suggest that if the drivers
are being paid to drive the minibuses, they need to hold Driver CPC. However, I must stress that this
view is based on our interpretation of the Directive; it is, as I have said, for the courts to provide
definitive legal interpretation.
Yours sincerely
1
2
Rosemary Thew
Chief Executive
Chief Executive's Office
rosemary. thew@dsa.gsi.gov.u

If I were to sum this up this way, would I be correct.
"Assume that you need a DCPC unless you can prove that you don't."

_________________
Grandad,

Did you copy and paste that roy or re-type it all?

and WTF is a stakeholder

_________________
Of all the things ive lost, i miss my mind the most

Copy and paste was quicker than me re-typing it!

The stakeholder appears to be a vampire slayer.

Yes, assume you need a DCPC unless you can prove otherwise. Part of the misconception of "hire and reward" is whether or not the driver gets paid. It is whether or not the passengers pay in whatever way (see Rout-v-Swallow Hotel for the test case definition of carrying passengers for hire and reward).

There's a bit of a hoohaa over the Senior Traffic Commissioner's latest guidelines which completely fail to define what is "hire and reward" or "commercial use"!

Has anyone heard of a driver getting done for not having the DCPC yet? It was promised that there would be an immediate crackdown after the deadline but I have heard nothing yet.

_________________
Grandad,

_________________
Of all the things ive lost, i miss my mind the most

I doubt a haulier would have his licence suspended for that reason alone as the DCPC for lorry drivers doesn't come into effect until next year.

There's been several reported cases in RouteOne of drivers being done.

The European Commission (EC) will shortly announce a full review of the Driver Certificate of Professional Competence (DCPC) Directive.

_________________
Of all the things ive lost, i miss my mind the most

I thought the EU was ditching the damn thing as it was pretty much about as much real use as none..

I read the following and thought the guy put it very eloquently.



"Mike Perris said on June 15, 2011 at 9:48 am

The Driver CPC was introduced “as a good idea” and in principle it is and there it ends. The UK DSA volunteered in Brussels to pilot this scheme whereby it would be monitored for success and duly rolled out across the EU member states.
There was very little if any sensible consultation with people who know and work in the industry which it affects before it was given the go ahead, but there were lots of highly paid consultants there who were paid for by the British taxpayer.
We have a lot of positive feedback from the DSA and other bodies with a vested interest in job creation to keep the whole thing alive.
However the feed back from its customers is quite different insomuch that it is unnecessary, unwanted, wastes time for all concerned (with the exception of those who run the courses, do the documentation and take the fees). When you consider the cost of the course, the value added time lost by its attendees and the cost of a truck standing idle and multiply that up across the UK it is hundreds of millions of pounds waste!! Who pays? The end user, whoever uses what is transported!! Shame.
In conclusion the old adage of “if you can’t measure it you can’t manage it” really does apply here, attend the course day dream and go home.
On another note many of you will have heard of the Pareto Principle or the 80/20, simply if we ditch 20% of unnecessary rules, regulations and jobs for the boys we will save 80% of our time and costs."