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DRIVERS’ CPC : THE EXEMPTIONS
With the deadline for completion of the periodic training for drivers of large goods and passenger carrying vehicles creaping nearer, it is important for operators to assess whether or not any exemptions from the rules apply to their transport business.
This is particularly important for holders of restricted goods vehicle operator licences for whom one of the exemptions might be particularly relevant.
What is the Reason for Exemptions from the Rules ?
The requirement for the Driver CPC applies throughout the European Union and comes from EC Directive 2003/59. The purpose of the Directive is expressed in the recitals to include training drivers on safety rules, the development of defensive driving and rational fuel consumption to have a positive impact on both society and the road transport sector.
Paragraph (22) of the recitals to the Directive says that exemptions will be necessary in some situations. Quoting from the Directive :
“…It is desirable, in order to respect the principles of Community law, that drivers of vehicles used to carry out transport where this is considered to have a lesser impact on road safety or where the requirements of this Directive would impose a disproportionate economic or social burden, should be exempted from the application of this Directive.”
What are the Exemptions ?
It is unlikely that many passenger vehicles operators will be able to make substantive use of any of these exemptions unless they are subcontracted by the armed forces or the police or fire service.
Maintenance staff employed by both passenger and goods vehicle operators will be exempt when road testing vehicles or taking them to MOT.
The most important exemption to the road transport industry is the last one where the driver’s principal activity is not driving.
More About The “Principal Activity” Exemption
There is a three stage test to see whether this exemption might apply. The three stages are as follows :
1. is the vehicle carrying material or equipment ?
2. if so, is the material or equipment to be used by the driver in the course of his or her work ?
3. if so is driving the vehicle the principal activity of the driver ?
If the answer to questions 1. and 2. is “yes” and the answer to question 3. is “no” then the exemption will apply.
The official example of someone who falls within this exemption is a bricklayer who drives a load of bricks to the building site and then spends the rest of the day laying bricks. The same principal can easily be applied to scaffolders, shop fitters, plumbers, joiners and so on.
What if an Exempt Driver Drives a Non-Exempt Vehicle ?
Situations might arise whereby a driver is exempt from the CPC regulations owing to the nature of his work but might on occasion drive a type of vehicle which must be driven by a CPC holder.
Examples might include a scaffolder who is ordinarily exempt but is asked by his employer to drive a goods vehicle engaged in general haulage. Another example might include a mechanic employed by a passenger vehicle operator who normally drivers vehicles for road tests but on one occasion is asked to drive passengers by his employer.
Are those drivers exempt owing to the nature of their normal duties ?
The answer to this is no. The way the Directive is written makes it clear that exemptions relate not to drivers but to vehicles. It is the vehicle being driven by a driver which determines whether or not he or she is exempt, regardless of what their normal duties are.
A normally exempt scaffolder who drivers a goods vehicle doing general haulage would be driving illegally. In order to drive a goods vehicle doing general haulage only a driver with the CPC will be allowed to drive it once the rules come into full effect.
The same principal applies to a mechanic who is asked to drive passengers.
What are the Practical Considerations of This ?
Where a driver is never likely to drive non-exempt vehicles then they can safely dispense with doing the CPC.
Where however, a driver is likely to drive non-exempt vehicles even if only very occasionally then the CPC will be required once the rules come into full effect.
It is therefore important that all drivers and operators have a careful review of what their requirements will be once the rules are in effect. Decisions needs to be made now about what a driver’s working pattern is likely to be over the next few years.
October 2011