The Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2011

• Citation: S.I. 2011/2324
• Sections: 7

Section 1 Citation and commencement

These Regulations may be cited as the Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2011 and they come into force on 18th October 2011.

Section 2 Amendment of Regulations

The Vehicle Drivers (Certificates of Professional Competence) Regulations 2007 are amended in accordance with the following regulations.

Section 3 Amendment of Regulations

In regulation 2 (interpretation) in paragraph (1)—

(a) after the definition of “bank holiday” insert—

“British external licence” has the same meaning as in section 88(8) of the 1988 Act ;

(b) after the definition of “fire and rescue authority” insert—

“Gibraltar licence” means a licence to drive a motor vehicle granted under the law of Gibraltar;

Section 4 Amendment of Regulations

In regulation 5A (further requirements at tests: initial CPC test) in paragraph (4)(a)—

(a) after paragraph (ii) omit “or”; and

(b) after paragraph (iii) add—

(iv) a British external licence; or

(v) a Gibraltar licence.

Section 5 Amendment of Regulations

In regulation 8A for paragraph (2) substitute—

(2) A person who falls within regulation 6(10) may apply to the competent authority for a driver qualification card if that person has completed 35 hours of periodic training which entitles that person to a periodic CPC and—

(a) the person holds a Community licence, a British external licence or a Gibraltar licence; or

(b) some or all of the periodic training which the person has completed was undertaken outside the United Kingdom and the person holds a driving licence.

Section 6 Amendment of Regulations

In regulation 9 (time limits for obtaining a CPC)—

(a) for paragraph (4) substitute—

(4) Paragraph (1) does not apply to a relevant licence holder where that person—

(a) holds an initial CPC issued in a member State other than the United Kingdom or in Gibraltar and no longer time than the relevant Article 8(2)(a) period has elapsed since the issue of the 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.

(b) after paragraph (4) insert—

(4A) For the purposes of paragraph (4)—

“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 or a Gibraltar licence.

Section 7 Amendment of Regulations

After regulation 14 (power to seize document in respect of which offences may have been committed) insert—

Review

(14A)

(1) Before the end of each review period, the Secretary of State must—

(a) carry out a review of regulations 2 to 14;

(b) set out the conclusions of the review in a report; and

(c) publish the report.

(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the Directive (as implemented by means of regulations 2 to 14) is implemented in other member States.

(3) The report must in particular—

(a) set out the objectives intended to be achieved by the regulatory system established by those regulations;

(b) assess the extent to which those objectives are achieved; and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(4) In this regulation “review period” means—

(a) the period of five years beginning on 1st October 2011; and

(b) subject to paragraph (5), each successive period of five years.

(5) If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.