The LGV Drivers CPC Directive 2003/59/Ec of The European Parliament
The regulations for LGV drivers is due to come in to force in September this year, are you aware of the regulations? For example, if you as a Fleet Manager allow any driver to drive a vehicle without an up to date Drivers Certificate of Professional Competence (CPC) you are in breach of the regulations.
One of the requirements of the Directive is that all professional drivers must complete 35 hours of periodic training every five years, in periods of seven hours or more. PeopleMaps Affiliate Stephen Barker outlines some of the key points you need to know.
What subjects need to be covered in the 35 hours of training?
The knowledge to be taken into account by Member States when establishing the driver’s initial qualification and periodic training must include at least the subjects in this list. Trainee drivers must reach the level of knowledge and practical competence necessary to drive in all safety vehicles of the relevant licence category
1. Advanced training in rational driving based on safety regulations
1.1. Objective: to know the characteristics of the transmission system in order to make the best possible use of it: curves relating to torque, power, and specific consumption of an engine, area of optimum use of revolution counter, gearbox-ratio cover diagrams.
1.2. Objective: to know the technical characteristics and operation of the safety controls in order to control the vehicle, minimise wear and tear and prevent disfunctioning: specific features of hydraulic vacuum servobrake circuit, limits to the use of brakes and retarder, combined use of brakes and retarder, making better use of speed and gear ratio, making use of vehicle inertia, using ways of slowing down and braking on downhill stretches, action in the event of failure.
1.3. Objective: ability to optimise fuel consumption: optimisation of fuel consumption by applying know-how as regards points 1.1 and 1.2.
2. Application of regulations
2.1. Objective: to know the social environment of road transport and the rules governing it: maximum working periods specific to the transport industry; principles, application and consequences of Regulations (EEC) No 3820/85 and (EEC) No 3821/85; penalties for failure to use, improper use of and tampering with the tachograph; knowledge of the social environment of road transport: rights and duties of drivers as regards initial qualification and periodic training.
2.2. Objective: to know the regulations governing the carriage of goods: transport operating licences, obligations under standard contracts for the carriage of goods, drafting of documents which form the transport contract, international transport permits, obligations under the Convention on the Contract for the International Carriage of Goods by Road, drafting of the international consignment note, crossing borders, freight forwarders, special documents accompanying goods.
2.3. Objective: to know the regulations governing the carriage of passengers: – carriage of specific groups of passengers, safety equipment on board buses, safety belts, vehicle load.
3. Health, road and environmental safety, service, logistics
3.1. Objective: to make drivers aware of the risks of the road and of accidents at work:
Types of accidents at work in the transport sector, road accident statistics, Involvement of lorries/coaches, human, material and financial consequences.
Note: To help you with this part of the CPC Training PeopleMaps has developed the Accident Trend Analysis System (ATAS) which will help you in recording your accidents and build up a statistical picture of your accidents, and along with PeopleMaps Cost of Accidents Calculator will go a long way in providing this information to your drivers. As they say prevention is better than cure so to start reducing accidents sign up for Driving Profiling at www.drivingpsycometrics.com.
3.2. Objective: ability to prevent criminality and trafficking in illegal immigrants: General information, implications for drivers, preventive measures, check list, legislation on transport operator liability.
3.3. Objective: ability to prevent physical risks: Ergonomic principles; movements and postures which pose a risk, physical fitness, handling exercises, personal protection.
3.4. Objective: awareness of the importance of physical and mental ability: Principles of healthy, balanced eating, effects of alcohol, drugs or any other substance likely to affect behaviour, symptoms, causes, effects of fatigue and stress, fundamental role of the basic work/rest cycle.
3.5. Objective: ability to assess emergency situations: behaviour in an emergency situation: assessment of the situation, avoiding complications of an accident, summoning assistance, assisting casualties and giving first aid, reaction in the event of fire, evacuation of occupants of a lorry/bus passengers, ensuring the safety of all passengers, reaction in the event of aggression; basic principles for the drafting of an accident report.
3.6. Objective: ability to adopt behaviour to help enhance the image of the company: behaviour of the driver and company image: importance for the company of the standard of service provided by the driver, the roles of the driver, people with whom the driver will be dealing, vehicle maintenance, work organisation, commercial and financial effects of a dispute.
3.7. Objective: to know the economic environment of road haulage and the
Organisation of the market: road transport in relation to other modes of transport (competition, shippers), different road transport activities (transport for hire or reward, own account, auxiliary transport activities), organisation of the main types of transport company and auxiliary transport activities, different transport specialisations (road tanker, controlled temperature, etc.), changes in the industry (diversification of services provided, rail-road, subcontracting, etc).
3.8. Objective: to know the economic environment of the carriage of passengers by road and the organisation of the market: carriage of passengers by road in relation to other modes of passenger transport (rail, private car), different activities involving the carriage of passengers by road, crossing borders (international transport), organisation of the main types of companies for the carriage of passengers by road.
Offence of driving without a CPC
(1) A person who does not comply with regulation 4(1) or 9(1) is guilty of an offence.
(2) A person who causes or permits another person to drive a relevant vehicle on a road in breach of regulation 4(1) or 9(1) is guilty of an offence.
(3) A person guilty of an offence under this regulation shall be liable upon summary conviction to a fine not exceeding level 3 on the standard scale.
The Regulations of the act
These Regulations implement Council Directive 2003/59/EC of the European Parliament and of the Council of 15 July 2003 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers. In brief, the Directive requires such drivers to take an initial practical and theoretical driving test, valid for five years and 35 hours of periodic training every five years.
These Regulations extend to the United Kingdom, except regulation 15 which extends to Great Britain only.
Regulation 2 provides that in respect of Great Britain the competent authority is the Secretary of State and in respect of Northern Ireland it is the Department of the Environment.
Regulation 3 describes the categories of driver in respect of which the Regulations apply. Broadly, these are professional bus and lorry drivers. The main exceptions are those driving emergency vehicles, vehicles used by the police or armed forces, and vehicles used for training or testing purposes.
Regulation 4 prohibits any new driver from driving a bus on or after 10th September 2008 or a lorry on or after 10th September 2009 (“the relevant implementation date”) on a public road unless that driver has passed a theory and practical driving test, referred to as an “initial CPC” test. That test is more extensive than the current driving test and may be taken at the same time as that driving test. Drivers undergoing a vocational training course may be exempted up to 12 months from taking that test by the competent authority. Drivers who hold a bus or lorry driving licence before the relevant implementation date (“drivers with acquired rights”) are also exempt from taking the initial CPC test.
Regulation 5 allows the competent authority or a person approved by it to organize provision of initial CPC tests. Any person who takes the initial CPC test must pay £30 for the theory part of the test and £41 for the practical part of the test. This is additional to any fee that the applicant must pay for a driving test which he takes for a driving licence.
Regulation 6 allows the competent authority to approve persons to provide periodic training courses. Such a person must pay a fee of £1,500 for such approval which is valid for five years. In addition he must pay to the competent authority £250 for approval for each course which he proposes to provide. Such approval is valid for one year. Each course must last at least seven hours.
Regulation 7 requires each person who provides periodic training to notify the competent authority each time a course of periodic training has been completed. The competent authority must keep a record of such courses which have been completed.
Regulation 8 provides for a person who has passed the initial CPC test or completed 35 hours of periodic training to apply to the competent authority for a driver qualification card. The competent authority must issue such person with a driver qualification card upon payment of a fee of £25.
Regulation 9 prohibits anyone from driving a bus or lorry unless that person has passed the initial CPC test within the previous 5 years or has completed 35 hours of periodic training within the previous 5 years. Drivers with acquired rights who do not need to take the initial CPC test must complete 35 hours periodic training by 10th September 2013 in respect of bus drivers and by 10th September 2014 in respect of lorry drivers.
Regulation 10 makes it an offence for a person to drive without a CPC as required by the regulations. This is punishable with a fine up to level 3 on the standard scale.
Regulation 11 requires a driver who is required to have a CPC or who is exempt because he is undergoing an approved national vocational training course to carry evidence of that entitlement while driving and to produce it on demand by a police constable or vehicle examiner. Failure to do so is an offence punishable with a fine up to level 3 on the standard scale.
Regulation 12 enables the competent authority to issue a new driver qualification card or a document authorising driving whilst undergoing an approved national vocational training course if that card or document contains any errors, including if the name ceases to be correct. A fee of £25 is payable if the name ceases to be correct or if the error was the card holder’s fault. Otherwise issue of a new card is free of charge. Failure to surrender a card or document with errors is an offence punishable with a fine up to level 3 on the standard scale.
Regulation 13 makes it an offence for a person to forge or make false statements with respect to any document which evidences CPC entitlement or a training exemption. Such an offence is punishable on summary conviction with a fine up to the statutory maximum or on indictment to up to two years imprisonment or a fine or both.
Regulation 14allows constables and examiners to seize any documents in respect of which an offence concerning evidence of CPC entitlement or a training exemption may have been committed under the regulations.
Regulation 15 amends the Motor Vehicles (Driving Licenses) Regulations so that the new minimum age requirements in the Directive apply to bus and lorry drivers who have passed the initial CPC test. Broadly, 18 is substituted for the age of 21 in respect of bus drivers and lorry drivers provided that, in the case of the former, the driver is carrying passengers on a route which does not exceed 50 kilometres or does not carry passengers at all. For other bus drivers, age 20 is substituted for 21.
What are the exceptions?
The Driver does not need a CPC if the vehicle being driven is;
- Not authorised to exceed 45 kph
- Being used by or under instructions of the armed forces, the police or a fire and rescue authority.
- Undergoing road test for technical development repair or for maintenance purposes.
- Being used in the state of emergency as part of a rescue mission.
- Being used for driving lessons for either driving licence or Driver CPC purposes.
- Not being used to carry passengers or for goods for commercial purposes.
- Carrying materials or equipment for your work and that work is not professional bus, coach or lorry driving.
More information on the drivers CPC can be found at:
http://www.dvtani.gov.uk/uploads/legislation/finalptguide.pdf
Or down load the drivers booklet:
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