Explanatory note

These Regulations amend the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007 (“the principal Regulations”).

Regulation 4 (read with regulation 3) gives better effect to Article 9 of Directive 2003/59/EC on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers^f1 (“Directive 2003/59/EC”) in providing that those who hold driving licences granted in the Isle of Man, the Channel Islands or Gibraltar may undertake an initial test or periodic training in order to obtain a certificate of professional competence (“CPC”).

Regulation 5 (read with regulation 3) amends the provisions under which the competent authority issues a driver qualification card (“DQC”) to persons who have passed the initial CPC test or completed 35 hours of periodic training. Persons holding a driving licence issued in Great Britain or Northern Ireland will need a photocard licence to obtain a DQC, except where they are applying for a DQC on the basis of some or all of their periodic training having been carried out outside the United Kingdom.

Regulation 6 amends the time limits for obtaining a Certificate of Professional Competence certifying periodic training to give better effect to Article 8(2) of Directive 2003/59/EC. Where a person holds an initial CPC issued in another member State or in Gibraltar; a passenger vehicle licence issued in another member State, or in Gibraltar, before 10th September 2008 or a goods vehicle licence issued in another member State, or in Gibraltar, before 10th September 2009, the period for obtaining a certificate in the United Kingdom is that which applies in the relevant member State or in Gibraltar (as the case may be).

Regulation 7 requires the Secretary of State to review the operation and effect of regulations 2 to 14 of the principal Regulations and publish a report within five years after these Regulations come into force and within every five years after that. Following a review it will fall to the Secretary of State to consider whether those regulations should remain as they are, or be revoked or be amended. A further instrument would be needed to revoke those regulations or to amend them.

A full impact assessment of the effect that regulations 3 (in part) and 5 of these Regulations (the need, in most cases, to hold a photocard licence in order to obtain a DQC) will have on the costs of business and the voluntary sector is available at www.direct.gov.uk.

An impact assessment has not been produced for the remainder of these Regulations as no impact on the private or voluntary sectors from that remainder is foreseen.

The Explanatory Memorandum is available alongside the instrument at www.legislation.gov.uk.