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The Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2024

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Draft Legislation:

This is a draft item of legislation and has not yet been made as a UK Statutory Instrument.

Substitution of regulations 8 (driver qualification card) and 8A with new regulations 8 (definition of “relevant day”), 8A (issue of driver qualification card), 8AA (application for driver qualification card), 8AB (exchange of a driver qualification card issued outside the United Kingdom or of a Swiss CPC), 8AC (issue of national driver qualification card) and 8AD (application for national driver qualification card)

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12.  For regulations 8 and 8A substitute—

Definition of “relevant day” in regulations 8A, 8AA and 8AC to 9

8.  In regulations 8A, 8AA and 8AC to 9, “relevant day” means—

(a)the day on which the person obtained an initial CPC or a Swiss initial CPC, if the person holds an initial CPC or a Swiss initial CPC,

(b)the day on which the person’s initial CPC or Swiss initial CPC expired, if the person—

(i)holds a periodic CPC, a national periodic CPC or a Swiss periodic CPC, and

(ii)obtained that periodic CPC, national periodic CPC or Swiss periodic CPC before the day on which the person’s initial CPC or Swiss initial CPC expired,

(c)the day on which the person obtained a periodic CPC, a national periodic CPC or a Swiss periodic CPC, if the person—

(i)holds a periodic CPC, a national periodic CPC or a Swiss periodic CPC, and

(ii)obtained that periodic CPC, national periodic CPC or Swiss periodic CPC after the day on which the person’s initial CPC or Swiss initial CPC expired,

(d)the day on which the person’s last periodic CPC, national periodic CPC or Swiss periodic CPC expired, if the person—

(i)holds a periodic CPC, a national periodic CPC or a Swiss periodic CPC, and

(ii)obtained that periodic CPC, national periodic CPC or Swiss periodic CPC before the day on which the person’s last periodic CPC, national periodic CPC or Swiss periodic CPC expired, or

(e)the day on which the person obtained a periodic CPC, a national periodic CPC or a Swiss periodic CPC, if the person—

(i)holds a periodic CPC, a national periodic CPC or a Swiss periodic CPC, and

(ii)obtained that periodic CPC, national periodic CPC or Swiss periodic CPC after the day on which the person’s last periodic CPC, national periodic CPC or Swiss periodic CPC expired.

Issue of driver qualification card

8A.(1) This regulation applies to a person who holds a driving licence in the form of a photocard and is—

(a)a national of the United Kingdom;

(b)a national of a member State and normally resident in the United Kingdom;

(c)a national of a member State and authorised to work in the United Kingdom;

(d)a national of a third country and authorised to work in the United Kingdom.

(2) Subject to paragraph (3), the competent authority must issue a driver qualification card to a person to whom this regulation applies for a period of five years beginning with—

(a)the relevant day if it is satisfied that—

(i)the person holds an initial CPC as a result of passing the initial CPC test in accordance with regulation 5, or

(ii)the person holds a periodic CPC as a result of completing 35 hours of periodic training and the completion of that training has been notified to the competent authority under regulation 7(1), or

(b)the day on which the person completed the national return to driving course if it is satisfied that—

(i)the person holds a periodic CPC as a result of completing a national return to driving course and 28 hours of periodic training in accordance with regulation 7B(6), and

(ii)the completion of that training has been notified to the competent authority under regulation 7(1).

(3) The competent authority must issue a driver qualification card to a person to whom this regulation applies for a period of five years beginning with the day on which the person obtained a periodic CPC if—

(a)the person holds a valid national driver qualification card,

(b)the person requests the issue of a driver qualification card, and

(c)it is satisfied that the person—

(i)holds a periodic CPC as a result of completing 35 hours of periodic training, and

(ii)the completion of that training has been notified to the competent authority under regulation 7(1).

(4) The national driver qualification card held by a person referred to in paragraph (3) expires on the day on which the competent authority issues a driver qualification card to that person.

(5) The competent authority must issue a driver qualification card to a person to whom this regulation applies for a period referred to in paragraph (6) if—

(a)the person held a Community licence bearing the Union code, and

(b)exchanged that licence for a driving licence.

(6) The period referred to in paragraph (5) is a period beginning with the date of issue of the driver qualification card and ending with the date of expiry of the Union code.

Application for driver qualification card

8AA.(1) This regulation applies to a person other than a person to whom regulation 8A applies who—

(a)has passed the initial CPC test in accordance with regulation 5,

(b)is a qualifying licence holder, has completed the required training and falls within regulation 6(14), or

(c)is a qualifying licence holder, has completed a national return to driving course, and

(i)has completed 28 hours of periodic training or Swiss periodic training in accordance with regulation 7B(6), or

(ii)has completed a combination of 28 hours of any periodic training and any Swiss periodic training in accordance with regulation 7B(6).

(2) To obtain a driver qualification card, a person to whom this regulation applies must—

(a)make an application to the competent authority, and

(b)pay the application fee of £25.

(3) The application must include—

(a)if requested by the competent authority, a photograph of the applicant;

(b)in the case of an application by a person referred to in paragraph (1)(b) or (c), such documents or information—

(i)relating to any training which has not been notified to the competent authority under regulation 7(1), and

(ii)which the competent authority may require.

(4) The competent authority may waive the fee specified in paragraph (2)(b) in whole or in part if it thinks fit.

(5) On receipt of the application and the payment of any fee, the competent authority must issue a driver qualification card to a person to whom this regulation applies for a period of five years beginning with—

(a)the relevant day if it is satisfied that—

(i)the person holds an initial CPC as a result of passing the initial CPC test in accordance with regulation 5, or

(ii)the person holds a periodic CPC as a result of completing the required training and it has been notified of any training completed by the person which falls within regulation 7(1), or

(b)the day on which the person completed the national return to driving course if it is satisfied that—

(i)the person holds a periodic CPC as a result of completing the training referred to in paragraph (1)(c), and

(ii)it has been notified of any training completed by the person which falls within regulation 7(1).

(6) In this regulation—

qualifying licence holder” means a person who holds—

(a)

a Community licence,

(b)

a British external licence,

(c)

a Gibraltar licence,

(d)

a Swiss licence, or

(e)

a driving licence where some of the person’s periodic training has not been notified to the competent authority under regulation 7(1);

required training” means 35 hours of—

(a)

periodic training where at least 7 hours of that training is periodic training undertaken in the United Kingdom,

(b)

Swiss periodic training, or

(c)

a combination of any periodic training and any Swiss periodic training.

Exchange of a driver qualification card issued outside the United Kingdom or of a Swiss CPC

8AB.(1) This regulation applies to a person who—

(a)is—

(i)a national of the United Kingdom;

(ii)a national of a member State and normally resident in the United Kingdom;

(iii)a national of a member State and authorised to work in the United Kingdom;

(iv)a national of a third country and authorised to work in the United Kingdom,

(b)holds—

(i)a valid driver qualification card issued by a member State or Gibraltar;

(ii)a valid Swiss CPC, and

(c)holds a driving licence.

(2) To exchange a driver qualification card or a Swiss CPC referred to in paragraph (1)(b) for a driver qualification card issued by the competent authority, a person to whom this regulation applies must—

(a)make an application to the competent authority, and

(b)pay the application fee of £25.

(3) The application must include—

(a)the name, address and telephone number of the person;

(b)the number described as the driver number in the person’s driving licence;

(c)the person’s request to exchange the person’s driver qualification card or Swiss CPC for a driver qualification card issued by the competent authority;

(d)the person’s driver qualification card or Swiss CPC.

(4) The competent authority may waive the fee specified in paragraph (2)(b) in whole or in part if it thinks fit.

(5) On receipt of the application and the payment of any fee, the competent authority must issue a driver qualification card to a person to whom this regulation applies for a period beginning with the date of issue of the driver qualification card and ending with the date of expiry of the driver qualification card or Swiss CPC referred to in paragraph (1)(b).

Issue of national driver qualification card

8AC.(1) This regulation applies to a person who holds a driving licence in the form of a photocard and is—

(a)a national of the United Kingdom;

(b)a national of a member State and normally resident in the United Kingdom;

(c)a national of a member State and authorised to work in the United Kingdom;

(d)a national of a third country and authorised to work in the United Kingdom.

(2) The competent authority must issue a national driver qualification card to a person to whom this regulation applies for a period of five years beginning with the relevant day if it is satisfied that—

(a)the person holds a national periodic CPC as a result of completing 35 hours of national periodic training or a combination of any periodic training and national periodic training, and

(b)the completion of that training has been notified to the competent authority under regulation 7(1).

(3) The competent authority must issue a national driver qualification card to a person to whom this regulation applies for a period of five years beginning with the day on which the person completed the national return to driving course if it is satisfied that—

(a)the person holds a national periodic CPC as a result of completing a national return to driving course and 28 hours of national periodic training in accordance with regulation 7B(6), and

(b)the completion of that training has been notified to the competent authority under regulation 7(1).

(4) The competent authority must issue a national driver qualification card to a person to whom this regulation applies for a period of five years beginning with the day on which the person completed the national return to driving course if it is satisfied that—

(a)the person holds a national periodic CPC as a result of completing a national return to driving course and 28 hours of training which is a combination of any periodic training and any national periodic training in accordance with regulation 7B(6), and

(b)the completion of that training has been notified to the competent authority under regulation 7(1).

(5) The competent authority must issue a national driver qualification card to a person to whom this regulation applies for a period of one year beginning with the day on which the person completed the national return to driving course if it is satisfied that—

(a)the person has completed the course, and

(b)the completion of that course has been notified to the competent authority under regulation 7(1).

Application for national driver qualification card

8AD.(1) This regulation applies to a person other than a person to whom regulation 8AC applies who—

(a)is a qualifying licence holder, has completed the required training and falls within regulation 6(14),

(b)is a qualifying licence holder, has completed a national return to driving course, and—

(i)has completed 28 hours of national periodic training in accordance with regulation 7B(6),

(ii)has completed a combination of 28 hours of any national periodic training and any periodic training in accordance with regulation 7B(6),

(iii)has completed a combination of 28 hours of any national periodic training and any Swiss periodic training in accordance with regulation 7B(6), or

(iv)has completed a combination of 28 hours of any national periodic training, any periodic training and any Swiss periodic training in accordance with regulation 7B(6), or

(c)is a qualifying licence holder and has completed a national return to driving course.

(2) To obtain a national driver qualification card, a person to whom this regulation applies must—

(a)make an application to the competent authority, and

(b)pay the application fee of £25.

(3) The application must include—

(a)if requested by the competent authority, a photograph of the applicant;

(b)in the case of an application by a person referred to in paragraph (1)(a) or (b), such documents or information—

(i)relating to any training which has not been notified to the competent authority under regulation 7(1), and

(ii)which the competent authority may require.

(4) The competent authority may waive the fee specified in paragraph (2)(b) in whole or in part if it thinks fit.

(5) On receipt of the application and the payment of any fee, the competent authority must issue a national driver qualification card to a person to whom this regulation applies for a period of five years beginning with—

(a)the relevant day if it is satisfied that—

(i)the person holds a national periodic CPC as a result of completing the required training, and

(ii)it has been notified of any training completed by the person which falls within regulation 7(1), or

(b)the day on which the person completed the national return to driving course if it is satisfied that—

(i)the person holds a national periodic CPC as a result of completing the training referred to in paragraph (1)(b), and

(ii)it has been notified of any training completed by the person which falls within regulation 7(1).

(6) On receipt of the application and the payment of any fee, the competent authority must issue a national driver qualification card to a person to whom this regulation applies for a period of one year beginning with the day on which the person completed the national return to driving course if it is satisfied that—

(a)the person has completed the course, and

(b)the completion of that course has been notified to the competent authority under regulation 7(1).

(7) In this regulation—

combined training” means training which is—

(a)

a combination of any national periodic training and any periodic training,

(b)

a combination of any national periodic training and any Swiss periodic training, or

(c)

a combination of any national periodic training, any periodic training and any Swiss periodic training;

qualifying licence holder” means a person who holds—

(a)

a Community licence,

(b)

a British external licence,

(c)

a Gibraltar licence,

(d)

a Swiss licence, or

(e)

a driving licence where some of the person’s periodic training has not been notified to the competent authority under regulation 7(1);

required training” means 35 hours of—

(a)

national periodic training, or

(b)

combined training..

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