It is almost two years since the regulations came into effect for the certificate of professional competence for drivers (CPC). Most operators are beginning to make arrangements in advance of the September 2014 deadline. The regulations are surprisingly complex for what is really a simple concept. As an adviser to the transport industry I have come across a number of views and misconceptions from operators. Here are some of the most common I've come across.
MISCONCEPTION ONE :- You Don't Need To Do Anything Until 2014
By September 2014, all goods vehicle and passenger vehicle drivers with licences held on or before 10th of September 2009 must take the drivers CPC. In a strictly technical sense, the obligation does not arise until 2014. However, there are a number of very good reasons why action should be taken well in advance of that date.
The drivers CPC is obtained by a driver undertaking 35 hours of formal training. Training must be taken in sessions lasting at least seven hours each. That effectively means the drivers must have five full days of formal training. If you leave it to the last minute, and try and cram it in all the once in 2014, this will mean having to do without your drivers for five days. It is much better to send your drivers on one day courses each year than try and cram it in the end.
The other thing to bear in mind, is that the nearer we get to 2014, the more expensive the courses will get as demand increases.
MISCONCEPTION TWO :- Its Not Required For Drivers Of Vehicles Under 7.5 Tonnes
This is incorrect, the driver CPC requirements include licence holders with C1 entitlement. In fact all drivers of vehicles of 3.5 tonnes or more are subject to the CPC regulations.
MISCONCEPTION THREE :- Drivers With Entitlement By Grandfather Rights Don't Need The CPC
The regulations requiring drivers to undergo the CPC apply to all drivers of goods vehicles with licence categories C1, C1+E, C or C+E regardless of how they obtained their entitlement. There is no distinction between a driver who obtained their entitlement through grandfather rights or thorough formal test so far as the regulations are concerned.
MISCONCEPTION FOUR :- Drivers Will Move to a New Employer When They've Got the CPC
This is always a risk, and at the end of the day, there's not a lot you can do to stop your drivers moving to a new employer. However, you can take steps to reduce the risk and ensure that if it does happen you are not out of pocket.
An obvious example is that you could have a clause in your employees contract of employment stating that if they leave your employment within a set period then they have two pay you back for the costs you have incurred putting them through the CPC training. In some cases, you could make your drivers pay for their own CPC training - there is nothing in the regulations says the employer has to pay.
If you are a good employer though and your employees can see that you have a commitment to investing in them and training them, they should be less likely to want to leave for another employer.
MISCONCEPTION FIVE :- Drivers Working Under Restricted Operators Licences are Exempt
This misconception seems to have arisen because of a misunderstanding on one of the exemptions from the regulations.
Drivers are exempt from the regulations where their principal activity is not driving but they carry materials or equipment in a vehicle to be used by them in the course of their work.
This exemption is similar to the definition of a restricted goods vehicle operator. A restricted goods vehicle operator is one who only carries goods belonging to itself in connection with its own business.
However, the two definitions are not entirely the same. It is common for a driver under a restricted operators licence to have driving as their main or principal activity. The type of driver who would be covered by this exemption from the CPC regulations would be, for example, a scaffolder whose job is to drive the scaffolding equipment to a site and then work all day on erecting scaffolding. Another example might be a bricklayer who drives a vehicle carrying his materials to building site and once he arrives there, spends the rest of his working day laying bricks. These drivers would be exempt from the CPC regulations.
However, a driver whose job it is to drive a goods vehicle carrying scaffolding bricks to building site but whose main activity is the driving and not other types of work, would not be exempt from the regulations.
In many cases therefore, drivers working for restricted operator licence holders may be exempt. However, it depends on the nature of the work they do. The test as to whether exemption applies is what are their main or principal activities.
MISCONCEPTION SIX :- Its All a Waste of Time
A lot of operators believe that the CPC is a waste of time. Whether that is indeed the case or not is a matter for debate. However, my view is that the driver CPC overall is a very good thing although I do believe that the benefits are more relevant for larger operators than smaller operators and owner drivers.
What the CPC does is move further towards greater professionalism in the road haulage industry and promotes not only road safety but financial efficiency and higher standards generally.
One of the stated aims of the regulations is to "bring and improve the professional and positive image to the road haulage industry". This should only be seen as a good thing for reputable operators. For too long the industry has been maligned, usually unfairly.
Aside from that, the CPC is a rigorous programme of training and refresher training. In some cases, drivers will not have had any formal training for several decades. Training covers not only road safety and legal compliance but also industry best practice which, if embraced, will produce benefits for operators. Examples of the benefits to Operators include fuel efficiency, better care of loads and vehicles, increased morale among employees and a reducing risk of regulatory breaches.
As I have already said, whether or not the CPC is a waste of time or not is open to debate. Perhaps time will tell over the coming years whether or not the industry as a whole value the introduction of the driver CPC.
Transport Solicitor July 2011
Author Resource:-
Simon Newman is a transport law expert and principal solicitor of NA Commercial Solicitors, a law firm specialising in legal services for the road transport industry in the UK.
http://roadtransportsolicitors.co.uk/
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