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The Vehicle Drivers (Certificates of Professional Competence) Regulations 2007, Section 9 is up to date with all changes known to be in force on or before 28 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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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 [F1or a Swiss 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 [F2or a Swiss CPC] where regulation 4(5) applies to him.
[F3(4) Paragraph (1) does not apply to a relevant licence holder where that person—
(a)holds an initial CPC issued in a member State F4... or in Gibraltar and no longer time than the relevant Article 8(2)(a) period has elapsed since the issue of the initial CPC; F5...
[F6(aa)holds a Swiss initial CPC and a period no longer than the equivalent Swiss period has elapsed since the issue of the Swiss 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.]
[F7(4A) For the purposes of paragraph (4)—
[F8“equivalent Swiss period” means the period of time which applies in Switzerland and is recognised by the competent authority as equivalent to a relevant Article 8(2)(a) period;]
“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 [F9, a Gibraltar licence or a Swiss licence].]
(5) A person who holds a periodic CPC [F10or Swiss periodic CPC] as described in paragraph (1) is not required to complete any further periodic training [F11or Swiss periodic training] before the expiry of that CPC [F12or Swiss CPC] in respect of any category of relevant vehicle to which that CPC [F12or Swiss CPC] does not relate.
F13(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in reg. 9(1) inserted (22.7.2020) by The Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2020 (S.I. 2020/662), regs. 1, 2(9)(a)
F2Words in reg. 9(3) inserted (22.7.2020) by The Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2020 (S.I. 2020/662), regs. 1, 2(9)(b)
F3Reg. 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)
F4Words in reg. 9(4)(a) omitted (31.12.2020) by virtue of The Vehicle Drivers (Certificates of Professional Competence) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1004), regs. 1, 10; 2020 c. 1, Sch. 5 para. 1(1)
F5Word in reg. 9(4)(a) omitted (22.7.2020) by virtue of The Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2020 (S.I. 2020/662), regs. 1, 2(9)(c)(i)
F6Reg. 9(4)(aa) inserted (22.7.2020) by The Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2020 (S.I. 2020/662), regs. 1, 2(9)(c)(ii)
F7Reg. 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)
F8Words in reg. 9(4A) inserted (22.7.2020) by The Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2020 (S.I. 2020/662), regs. 1, 2(9)(d)(i)
F9Words in reg. 9(4A) substituted (22.7.2020) by The Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2020 (S.I. 2020/662), regs. 1, 2(9)(d)(ii)
F10Words in reg. 9(5) inserted (22.7.2020) by The Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2020 (S.I. 2020/662), regs. 1, 2(9)(e)(i)
F11Words in reg. 9(5) inserted (22.7.2020) by The Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2020 (S.I. 2020/662), regs. 1, 2(9)(e)(ii)
F12Words in reg. 9(5) inserted (22.7.2020) by The Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2020 (S.I. 2020/662), regs. 1, 2(9)(e)(iii)
F13Reg. 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
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