PART 2 Amendment of the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007

Substitution of regulation 9 (time limits for obtaining a CPC)

14.—(1) For regulation 9 substitute—

“Requirement to hold, validity and time limits of CPC, national periodic CPC or Swiss CPC

9.— (1) Subject to paragraphs (2) and (3), a CPC, national periodic CPC or a Swiss CPC is valid for a period of five years beginning with the relevant day.

(2) A periodic CPC or a national periodic CPC is valid for a period of five years beginning with the day on which the person completed a national return to driving course if a person to whom these Regulations apply holds that CPC as a result of completing the training referred to in regulations 8A(2)(b), 8AA(5)(b), 8AC(3) and (4) and 8AD(5)(b).

(3) An initial CPC obtained by a relevant licence holder in a member State, a specified EEA state or Gibraltar or a Swiss initial CPC is valid for the relevant period beginning with the relevant day.

(4) Except where paragraph (5) applies, a person to whom these Regulations apply is not permitted to drive a relevant vehicle on a road unless—

(a) the person holds a valid CPC, national periodic CPC or Swiss CPC, or

(b) the person—

(i) has completed a national return to driving course, and

(ii) a period not exceeding one year beginning with the day on which the person completed that national return to driving course has elapsed.

(5) A person is not required to hold a CPC, a national periodic CPC or a Swiss CPC where regulation 4(5) applies to that person.

(6) Where paragraph (4) applies, a person who has completed periodic training, national periodic training or Swiss periodic training in respect of a vehicle which falls within—

(a) category C or C+E, or

(b) category D or D+E,

need not complete further periodic training, national periodic training or Swiss periodic training to drive any relevant vehicle that falls within another category referred to in either sub-paragraph.

(7) In this regulation—

(a) “member State” does not include a reference to a specified EEA state;

(b) “relevant period” means the period of time which—

(i) for the purpose of Article 8(2)(a) of Section 1 (certificate of professional competence: CPC certifying periodic training) of Part B of Annex 31 to the Trade and Cooperation Agreement, applies in the member State in which the initial CPC was obtained, or

(ii) is recognised by the competent authority as equivalent to the period of time referred to in paragraph (i) and applies in a specified EEA state, Switzerland or Gibraltar;

(c) “relevant licence holder” means a person who holds—

(i) a Community licence;

(ii) a British external licence;

(iii) a Gibraltar licence;

(iv) a Swiss licence;

(d) references to a CPC, a national periodic CPC or a Swiss CPC are to a CPC, a national periodic CPC or a Swiss CPC relating to motor vehicles of the category into which the vehicle the person referred to in paragraph (4) drives falls.”.