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The Vehicle Drivers (Certificates of Professional Competence) (Amendment) (EU Exit) Regulations 2018

S.I. 2018/1004 · Made 12 September 2018 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 31 December 2020.

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.

Annotations to the whole text

Marginal citations

M1

2018 c. 16.

Contents

  1. 1Citation and commencement
  2. 2Amendment of Regulations
  3. 3Regulation 3
  4. 4Regulation 4
  5. 5Regulation 5
  6. 6Regulation 6
  7. 7Regulation 7
  8. 8Regulation 8
  9. 9Regulation 9
  10. 10Regulation 10
  11. 11Regulation 11
  12. Signature
  13. Explanatory note

1Citation and commencementI1

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.

2Amendment of RegulationsI1

The Vehicle Drivers (Certificates of Professional Competence) Regulations 2007 M1 are amended as follows.

3I1

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”.

4I1

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;”.

5I1

In regulation 4(8)(b) (persons who must take initial CPC test), omit “other than the United Kingdom;”.

6I1

In regulation 5(4) (initial CPC test), before sub-paragraph (a) insert—

“(za)

is a national of the United Kingdom,”.

7I1

In regulation 6(10) (persons providing periodic training courses), before sub-paragraph (a) insert—

“(za)

a national of the United Kingdom;”.

8I1

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;”.

9I1

In regulation 8A, omit paragraph (5).

10I1

In regulation 9(4) (time limits for obtaining a CPC), in sub-paragraph (a) omit “other than the United Kingdom”.

11I1

In regulation 11(2) (requirement to carry and produce evidence of CPC or of training exemption in vehicle)—

F1(a)

in sub-paragraph (c), omit “other than the United Kingdom”; and

(b)

in sub-paragraph (d), omit “other than the United Kingdom”.

Signature

Signed by authority of the Secretary of State for Transport

Jesse Norman

Parliamentary Under Secretary of State

Department for Transport

Explanatory note

(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.