What happens if a driver misses the Driver CPC deadline?
18 August 2014
What is the law?
The law is set out in The Vehicle Drivers (Certificate of Professional Competence) Regulations 2007.
What do the Regulations say?
From 10th September 2014 all non-exempt LGV drivers who drive for hire or reward must hold a current Initial or Periodic CPC. If you don’t have a CPC you cannot drive until you get one.
As stated in the Regulations: “A person to whom these Regulations apply is not permitted to drive a relevant vehicle on a road unless no more than five years have elapsed since he obtained a CPC relating to motor vehicles of the category into which that particular relevant vehicle falls.”
How do you get a CPC?
Drivers who passed their LGV test on or after 10th September 2009 must take and pass their Initial CPC tests before they can drive commercially at all.
Drivers who passed their LGV driving test before 10th September 2009 must complete 35 hours Periodic CPC training within a five-year period. Take note that any CPC modules taken more than five years previously will expire and will not count towards the five you need.
As soon as a driver completes their fifth CPC module the Driver Qualification Card will be triggered and this will have a validity of five years from that date. They must then do another five modules before the card expires.
What is an offence under the Regulations?
It is an offence not to carry a Driver Qualification Card as evidence of holding a CPC.
The Regulations state: “A person who is required to hold a CPC and who does not carry with him in the vehicle which he is driving evidence of that CPC... is guilty of an offence.”
The Driver Qualification Card is the only acceptable evidence of holding a CPC for UK drivers under the Regulations.
Other offences exist under the Regulations in relation to forgery and making false statements.
What about the employer?
The employer is also open to prosecution under the Regulations: “A person who causes or permits another person to drive a relevant vehicle on a road in breach of regulation 4(1) or 9(1) is guilty of an offence.”
What if you haven’t received your Driver Qualification Card?
According to the Regulations “Paragraph (1) does not apply to a person who has made an application to the competent authority (DVSA) for a Driver Qualification Card under regulation 8(1) and not yet received that card.”
The DVSA R&E system is a live system. As soon as Mantra has uploaded the details the training is there on the record and the card has been applied for.
If the individual Driver has completed periodic CPC training but cannot produce evidence of such or if driver has been previously warned and has taken no action to rectify situation the DVSA say they will issue a £50 fixed penalty. (DVSA Enforcement Sanctions Policy – June 2014)
If the individual has not completed the hours or the training provider has not yet uploaded the record the driver an operator will be prosecuted and a report will be sent to the Traffic Commissioner.
What about a lost or stolen Driver Qualification Card?
If the application was made for a replacement card in the last 20 working days there is no penalty.
What are the penalties for the driver?
"A person guilty of an offence under this regulation shall be liable upon summary conviction to a fine of up to level 3 on the Standard Scale (£1,000).”
What are the penalties for the employer?
If the driver receives a Fixed Penalty at the roadside the operator would receive 25 points on their OCRS.
If the driver is prosecuted for a Driver CPC offence, the operator would receive 50 points.
If the operator is prosecuted, in addition to the fine they would receive 100 points plus an additional 500 points. Any prosecution against an operator would cause their OCRS RAG (Red, Amber and Green) rating to go Red.