The Vehicle Drivers (Certificates of Professional Competence) Regulations 2007

Interpretation

2.—(1) In these Regulations —

“the Directive” means Directive 2003/59/EC of the European Parliament and of the Council of 15th July 2003 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers, amending Council Regulation (EEC) No. 3820/85 and Council Directive 91/439EEC and repealing Council Directive 76/914/EEC(1);

“the Driving Licences Directive” means Council Directive 91/439/EEC of 29th July 1991 on driving licences(2);

“the 1988 Act” means the Road Traffic Act 1988;

“the 1981 Order” means the Road Traffic (Northern Ireland) Order 1981(3);

“the Driving Licences Regulations” means the Motor Vehicles (Driving Licences) Regulations 1999(4);

“armed forces” means the naval, military or air forces of the Crown and includes the reserve forces;

“Community code” has the meaning given by Article 10(2) of the Directive;

“Community licence”—

(a)

in relation to Great Britain, has the same meaning as in section 108(1) of the 1988 Act(5), and

(b)

in relation to Northern Ireland, has the same meaning as in Article 2(2) of the 1981 Order;

“competent authority” means—

(a)

in relation to Great Britain, the Secretary of State, and

(b)

in relation to Northern Ireland, the Department of the Environment;

“CPC” has the meaning given by the seventh recital to the Directive;

“driving licence” means, except in regulation 4(8)(b) and (c)—

(a)

in relation to Great Britain, a full licence within the meaning of section 108(1) of the 1988 Act(6), and

(b)

in relation to Northern Ireland, a full licence within the meaning of Article 2(2) of the 1981 Order;

“driver qualification card” has the meaning given by Article 10(1) of the Directive;

“driving test” means—

(a)

in relation to Great Britain, a test of competence prescribed under section 89(3) of the 1988 Act, and

(b)

in relation to Northern Ireland, a test of competence prescribed under Article 5(3) of the 1981 Order;

“fire and rescue authority”—

(a)

in relation to Great Britain, has the same meaning as in section 1 of the Fire and Rescue Services Act 2004(7), and

(b)

in relation to Northern Ireland, has the same meaning as “fire authority” in Article 3 of the Fire Services (Northern Ireland) Order 1984(8);

“initial CPC” means a CPC within the meaning of Article 6 of the Directive (CPC certifying the initial qualification);

“initial CPC test” means the tests for initial qualification referred to in Article 3(1)(a)(ii) of the Directive;

“periodic CPC” means a CPC within the meaning of Article 8 of the Directive (CPC certifying periodic training);

“periodic training” means the training referred to in Article 3(1)(b) of the Directive;

“periodic training course” means a course of at least seven hours of periodic training within the meaning of Section 4 of Annex I to the Directive;

“relevant vehicle” means a vehicle for which is required a driving licence of category C, C+E, D or D+E as defined in Article 3(1) of the Driving Licences Directive, or a driving licence recognised as equivalent;

“reserve forces” has the same meaning as in section 1 of the Reserve Forces Act 1996(9);

“road” means any road open to the public;

“test pass certificate” in relation to Great Britain, has the same meaning as in regulation 3(1) of the Driving Licences Regulations;

“third country” means a country which is not a member State;

“vehicle examiner” means an examiner appointed under section 66A of the 1988 Act(10) or under Article 74 of the Road Traffic (Northern Ireland) Order 1995(11);

“work permit” has the same meaning as in section 33 of the Immigration Act 1971(12).

(2) In these Regulations—

(a) a reference to a member State includes a reference to an EEA State;

(b) a reference to a category of relevant vehicle includes references to its sub-categories as defined in Article 3(2) of the Driving Licences Directive.

(1)

O.J.L 226, 10.9.2003, p.4.

(2)

O J. No L 237, 24.8.1991, p 1, to which there are amendments not relevant to these Regulations.

(3)

S.I. 1981 No. 154 (N.I.1).

(4)

S.I. 1999/2864.

(5)

In section 108, the definition of “Community licence” was amended by S.I. 1996/1974.

(6)

In section 108, the definition of “full licence” was inserted by the Road Traffic (Driver Licensing and Information Systems) Act 1989 (c.22), section 7 and Schedule 13, paragraph 15(c).

(7)

2004 c.21; section 1 was amended by the Civil Contingencies Act 2004(c.36), section 7 and Schedule 2, Part 1, paragraph 10(1) and (2).

(8)

S.I. 1984 No 1921 (N.I. 11).

(9)

1996 c.14.

(10)

Section 66A was inserted by the Road Traffic Act 1991 (c .40), section 9(1) and amended by the Goods Vehicles (Licensing of Operators) Act 1995 (c.23), section 60(1) and Schedule 7, paragraph 11.

(11)

S.I. 1995/2994 (N.I. 18).

(12)

1971 c.77; the definition of “work permit” was amended by the British Nationality Act 1981 (c. 6), Schedule 4, paragraph 7. There are other amendments to section 33 which are not relevant to these Regulations.