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9.—(1) Subject to paragraphs (2), (3), (4) and (5) of this regulation, 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.
(2) A person to whom regulation 4(7) applies is not required to hold an initial CPC relating to motor vehicles of the category into which that particular relevant vehicle falls, or
(a)a periodic CPC before 10th September 2013 where that regulation applies to him by virtue of sub-paragraph (a);
(b)a periodic CPC before 10th September 2014 where that regulation applies to him by virtue of sub-paragraph (b).
(3) A person is not required to hold a CPC where regulation 4(5) applies to him.
[F1(4) Paragraph (1) does not apply to a relevant licence holder where that person—
(a)holds an initial CPC issued in a member State other than the United Kingdom or in Gibraltar and no longer time than the relevant Article 8(2)(a) period has elapsed since the issue of the initial CPC; or
(b)is exempted under Article 4 of the Directive from the requirement to obtain an initial qualification and no longer time than the relevant Article 8(2)(b) period has elapsed since—
(i)in the case of a licence authorising the driving of a relevant vehicle falling within category C or C+E, 10th September 2009; or
(ii)in the case of a licence authorising the driving of a relevant vehicle falling within category D or D+E, 10th September 2008.]
[F2(4A) For the purposes of paragraph (4)—
“relevant Article 8(2)(a) period” means the period of time which, for the purpose of Article 8(2)(a) of the Directive, applies in the member State or territory (as the case may be) in which the initial CPC was issued;
“relevant Article 8(2)(b) period” means the period of time which, for the purpose of Article 8(2)(b) of the Directive, applies in the member State or territory (as the case may be) in which the relevant licence was issued; and
“relevant licence holder” means a person who holds a Community licence, a British external licence or a Gibraltar licence.]
(5) A person who holds a periodic CPC as described in paragraph (1) is not required to complete any further periodic training before the expiry of that CPC in respect of any category of relevant vehicle to which that CPC does not relate.
F3(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Reg. 9(4) substituted (18.10.2011) by The Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2011 (S.I. 2011/2324), regs. 1, 6(a)
F2Reg. 9(4A) inserted (18.10.2011) by The Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2011 (S.I. 2011/2324), regs. 1, 6(b)
F3Reg. 9(6) omitted (1.9.2008) by virtue of The Vehicle Drivers (Certificates of Professional Competence) (Amendment) (No. 2) Regulations 2008 (S.I. 2008/1965), regs. 1(1), 13