Statutory Instruments
Exiting The European Union
Road Traffic
Sift requirements satisfied
5th September 2018
Made
12th September 2018
Laid before Parliament
17th September 2018
Coming into force in accordance with Regulation 1
The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 M1.
The requirements of paragraph 3(2) of Schedule 7 to that Act (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.
Marginal Citations
1. These Regulations may be cited as the Vehicle Drivers (Certificates of Professional Competence) (Amendment) (EU Exit) Regulations 2018 and come into force on exit day.
Commencement Information
I1Reg. 1 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
2. The Vehicle Drivers (Certificates of Professional Competence) Regulations 2007 M2 are amended as follows.
Commencement Information
I2Reg. 2 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
Marginal Citations
M2S.I. 2007/605. Regulations 6 and 8 were amended by The Vehicle Drivers (Certificates of Professional Competence) (Amendment No. 2) Regulations 2008 (S.I. 2008/1965), regulation 8 and 11. Regulation 9 was amended by The Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2011 (S.I. 2011/2324), regulation 6(a). There are other amending instruments but none is relevant.
3. In regulation 2(1) (interpretation)—
(a)in the definition of “CPC”, after “Directive” insert “reading that recital as if the reference to Member States is also a reference to the competent authority”;
(b)for the definition of “driver qualification card” substitute—
““driver qualification card” means a card drawn up in accordance with Annex II of the Directive and issued by the competent authority or a member State, reading Annex II in the case of cards drawn up by the competent authority as if—
(a)references to the Member State are references to the competent authority,
(b)paragraphs 2(c) and (e) were omitted, and
(c)in paragraph (4), “After consulting the Commission” were omitted;”;
(c)in the definition of “initial CPC”, after “qualification)” insert “reading that Article as if the references to Member States, and Member States' competent authorities, are also references to the competent authority”;
(d)in the definition of “initial CPC test”, after “Directive” insert “reading that Article as if the reference to a Member State is also a reference to the competent authority”;
(e)in the definition of “periodic CPC”, after “training)” insert “reading that Article as if references to Member States and Member States' competent authorities are also references to the competent authority”;
(f)in the definition of “periodic training”, after “Directive” insert “reading that Article as if the requirement placed on Member States is also a requirement placed on the competent authority”; F1...
[F2(fa)in the definition of “periodic training course”, after “Directive” insert “as if references to Member States in that Section were also references to the competent authority”; and]
(g)in the definition of “third country”, at the end insert “or the United Kingdom”.
Textual Amendments
F1Word in reg. 3(f) omitted (22.7.2020) by virtue of The Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2020 (S.I. 2020/662), regs. 1, 3(2)(a)(i)
F2Reg. 3(fa) inserted (22.7.2020) by The Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2020 (S.I. 2020/662), regs. 1, 3(2)(a)(ii)
Commencement Information
I3Reg. 3 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
4. In regulation 3(1) (persons to whom these Regulations apply), before sub-paragraph (a) insert—
“(za)a national of the United Kingdom;
(zb)a national of a third country employed or used by an undertaking established in the United Kingdom;”.
Commencement Information
I4Reg. 4 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
5. In regulation 4(8)(b) (persons who must take initial CPC test), omit “other than the United Kingdom;”.
Commencement Information
I5Reg. 5 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
6. In regulation 5(4) (initial CPC test), before sub-paragraph (a) insert—
“(za)is a national of the United Kingdom,”.
Commencement Information
I6Reg. 6 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
7. In regulation 6(10) (persons providing periodic training courses), before sub-paragraph (a) insert—
“(za)a national of the United Kingdom;”.
Commencement Information
I7Reg. 7 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
8. In regulation 8 (driver qualification card)—
(a)omit paragraph (4), and
(b)in paragraph (8)(a), before paragraph (i) insert—
“(zi)is a national of the United Kingdom;”.
Commencement Information
I8Reg. 8 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
9. In regulation 8A, omit paragraph (5).
Commencement Information
I9Reg. 9 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
10. In regulation 9(4) (time limits for obtaining a CPC), in sub-paragraph (a) omit “other than the United Kingdom”.
Commencement Information
I10Reg. 10 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
11. In regulation 11(2) (requirement to carry and produce evidence of CPC or of training exemption in vehicle)—
[F3(a)in sub-paragraph (c), omit “other than the United Kingdom”; and]
(b)in sub-paragraph (d), omit “other than the United Kingdom”.
Textual Amendments
F3Reg. 11(a) substituted (22.7.2020) by The Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2020 (S.I. 2020/662), regs. 1, 3(2)(b)
Commencement Information
I11Reg. 11 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
Signed by authority of the Secretary of State for Transport
Jesse Norman
Parliamentary Under Secretary of State
Department for Transport
(This note is not part of the Regulations)
These Regulations are made in exercise of the powers in section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(g)) arising from the withdrawal of the United Kingdom from the European Union.
These Regulations ensure that following the withdrawal of the United Kingdom from the European Union, the domestic system regarding certificates of professional competence continues to operate effectively. The domestic system applies, with some exceptions, to professional drivers of lorries and buses who must pass an initial CPC test (unless they have acquired rights), valid for five years, and undergo 35 hours of periodic training every five years.
An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.
An Explanatory Memorandum is published alongside the instrument on www.legislation.gov.uk.