Another considered ‘No it should be UK wide everywhere or nothing’. FTA and CTA were content with this proposal, as were ALBUM, as long as the requirements to obtain it were the same or better than in the UK and reciprocal arrangements applied. Would practical examples clarifying whether Driver CPC is needed in certain circumstances under the amended exemption help in understanding the law? S. No. However, there needed to be controls to ensure a full understanding or learning undertaken (for example questions during the course) and secure user identification processes. If not how should a rural area be defined and why? FTA considered that, as this issue had a bearing on section 19 and 22 holders, an assessment should be made quickly and examples given. CTA proposed that 2 years was consistent with regulations on driving minibuses and would be proportionate and necessary to ensure the driver had acquired relevant driving experience before being permitted to drive a heavier vehicle. We’ll send you a link to a feedback form. Do you agree with our intention to incorporate this into UK law? NFU(S) felt that any recording of driving should be proportionate and not impose an undue burden. They considered that vehicles would need to be tested loaded, and returning to the original domestic legislation would not allow this and to retain the current exemption for maintenance personnel. This is a bad and ridiculous idea. Question 5. These exemptions are for drivers of vehicles that are carrying material or equipment to be used by that person in the course of his work, provided that driving that vehicle is not his principal activity and drivers of vehicles used, or hired without a driver, by agricultural, horticultural, forestry, farming or fishery undertakings for carrying goods as part of the undertakings entrepreneurial activity, when driving does not constitute the driver’s principal activity. 125 responses were received to this question with 83 agreeing with our proposal. Is requiring extra training a proportionate and effective measure to ensure road safety when driving a heavier vehicle than a driving licence would usually allow? CTA did not feel there was sufficient information available; the LGV derogation had not been effective for long enough to make a judgement and there was limited information to suggest that any change would make a significant difference for promoting the use of alternative vehicles for PCVs. With COVID-19, Brexit, new technology and other disruptive forces driving change in the way goods move across borders and through the supply chain, logistics has never been more important to UK plc. NFU(S) were in favour provided there were sufficient safeguards regarding drivers’ identity with clear guidelines. National Council Code of Conduct. Question 4. Ministers would like to thank everyone who contributed to this consultation. DVSA is due to carry out a post implementation review of the Driver CPC regulations in 2021 and this approach will be subject to further review then. Whilst they did not support the wholesale mirroring of exemptions, it was sensible for exemptions affecting the same driver population to match. They noted that it was also acceptable to drive a heavier vehicle up to 4250kg where used for wheelchair transport without any additional training and that a category B licence allowed driving on a range of different vehicles. As a result, the Company wishes to have the option to take advantage of all the changes under the New CPC Policy that do not require shareholder approval, which became effective on January 1, 2021, including, but not limited to: However, clarity was needed on the amount and content of specific training for these vehicles and also when and where this training would be recorded. A number of responses included one comment which covered these 3 questions. Do you think we should set a maximum radius that a driver can travel from the base of the business site when we incorporate this exemption into UK law? ALBUM welcomed the use of ICT tools to improve the learning process but felt it important to ensure that appropriate means of control were in place to protect the integrity of the learning process. It was appropriate and proportionate to take such training into account. There were a variety of comments from some of the larger organisations to the idea of greater flexibility. The UK derogation was more straightforward in terms of both application and enforcement, and operators who invested in alternative fuel technologies could attain a payload benefit. RECENT AMENDMENTS IN CPC. hoogtepunten van de CPC Loop 2020 - OMROEP WEST. We have looked at this issue closely and we feel that it would benefit the clarification of the exemption, for those who are likely to use it, to remove the “personal use” condition. Is requiring drivers to hold their licences for a minimum period of time before they can drive a heavier vehicle than their licence entitlement would usually allow, a proportionate effective measure to ensure road safety? FTA and John Lewis supported the proposal and made similar points, considering that it may need to be introduced as an option if some courses needed to be updated annually and that, as a reduced administrative process would be involved, the fee for a longer course should not be double that charged currently. Bus users felt this would avoid passengers being stranded and, if this was not possible, supported the driver showing his licence at a police station within 7 days. Get more Personal Finance News and Business News on Zee Business. CTA considered that the phrase “personal use” should not have been used in the past to determine whether or not an exemption should apply, as they felt interpreting the wording as the phrase “carriage of passengers for personal use” was questionable. Question 12. Please note that not all of the respondents completed each question and some rather than respond directly to the question used it as an opportunity to state a particular opinion of Driver CPC or road safety in general. 1. So this would not prevent a vehicle being tested loaded which concerns the SMMT. Comments made by those who agreed included ‘Yes, however, I would add that why not consider the 7 hours to be in 2 parts and not just 2 consecutive days.’ And ‘Yes because the current Driver CPC syllabus is too vague.’, Of those that disagreed one stated ‘No - too many courses are too old, they should all be checked every year and so should the trainers.’. John Lewis felt that splitting training over 2 days represented a slight increase in flexibility compared with the existing allowance, they would like to see further flexibilities such as over a week and non-consecutive days. We use some essential cookies to make this website work. CTA proposed 2, but no more than to 3, years, NFU(S) 3 years and ALBUM up to 3 years as long as the course was still relevant. CTA welcomed changes to training programmes that ensured training aligned with needs and was appropriate to the work of each driver, this proposal would bring greater clarity and reduce potential misuse of the objectives of courses. Considering a job in the logistics & warehousing sector? They recommended including this issue in a review in 2023. Question 2. FTA, SMMT and John Lewis proposed 2 years, as did CPT with the possibility of one and two-year approval options. NFU(S) felt that many businesses were split across different locations and it would be difficult to administer from which bases the radius should be drawn. Rules and Procedures for the Conduct of National Council Business 2020. SMMT were in favour of this option. Of those who agreed one respondent stated ‘A ‘Rural Area” must be defined in law to prevent misuse and establishment of loopholes as there will always be people who will try and circumvent the law.”. Bombay High Court: S.J. September 13, 2020 LAHORE - The Lahore High Court (LHC) Chief Justice Muhammad Qasim Khan has said that the implementation of the amendments in the Civil Procedural Code (CPC) will enable speedy decision of cases and avoid unnecessary delays and adjournments of cases. NFU(S) welcomed a more flexible approach to Driver CPC training, alongside the opportunity for those completing the training to receive more tailored or specific training if required. Do you agree with our intention to incorporate this exemption into UK law? DVSA has indicated that it will next examine the continued use of distance learning in Driver CPC in September. If you are transporting goods for gain then there should be a level playing field for all.’ And ‘I believe that these drivers should not be exempt from training as they cover driving on roads where the UK has it’s highest percentage of KSI.’. FTA, the business group representing the logistics industry, has reacted positively to the changes to the Driver Certificate of Professional Competence (CPC) by government, brought in yesterday (22 July 2020). They are as follows: “The term “non-commercial” can be applied to journeys where either: Having given this issue careful consideration, the government has decided to introduce the exemption. Do you have any comments on the recognition of Swiss Driver CPC? Bus operators should be able to recruit from anywhere as long as they meet UK standards. Some of the larger organisations considered that this information was already recorded to a large extent. The card is a good system that works well as a reminder to the driver, enforcers and companies to check records.’. CTA suggested, for ease and practical purposes, extending the e-learning period to 14 hours rather than 12. How could less than 30% of the rolling monthly time be recorded and evidenced to show that driving was not the principal activity? John Lewis operates a small fleet of minibuses for non profit and not for hire and reward, the drivers doing so as part of this role combined with other duties. Clarification is certainly needed in cases where driving isn’t their first job and only very rare’. It would also increase travel costs. CTA noted that this did not apply to PCV drivers; section 19 and 22 permit holders’ guidance would be unchanged. Entries now open for FTA’s Logistics Emissions Reduction Scheme Award 2020, Freeport vision could unlock trade opportunities but plans need clarity, says FTA, HGV testing exemptions will help keep the economy moving, Logistics UK response to the government’s road allocation plans, Statement from FTA: Border announcements are helpful, now get the deal done, Stop taxing to help us start training, says FTA, Testing plans need a resilient solution to support economic growth, says FTA, Keeps you informed of the latest industry developments. The statistical analysis includes replies from all respondents who indicated whether or not they supported each of the proposals. 93, for “a decree for the balance” (w.e.f. ALBUM did not object, as long as course content was still relevant and current; some courses may only be relevant for one year but there should be nothing to stop courses having a longer validity. hoogtepunten van de CPC Loop 2020 - OMROEP WEST. Training on modern vehicles was or limited use to organisations such as themselves. The Society of Motor Manufacturers and Trainers (SMMT) did not, however, agree with the assessment. They felt that the requirement to carry a DQC comes from the GB regulations and not the EU Directive and pre-dates significant use of electronic records available to DVSA officers at the roadside. We envisage that most employers will establish an appropriate system for monitoring the driving time of their employees that make use of this exemption, in order to avoid committing offences under Regulation 10 (2) of the Driver CPC regulations. We’d like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. 6.2 Switzerland issues CPCs through a separate but equivalent regime. Bus users considered a maximum period, rather than a fixed one, should be set. ALBUM believed this to be a proportionate approach. 137 responses were received to this question with 107 agreeing with our proposal. NFU strongly supported the proposal, highlighting the incidental nature of road use by own businesses in the farming industry, NFU(S) welcomed the exclusion for agriculture, horticultural, forestry and farming as part of their own entrepreneurial activity. This consultation set out proposals to … Courses will be able to be designed to allow delegates to take up to two hours of a seven-hour course as e-learning content the day before a classroom session. I do not believe anyone should drive a vehicle more than their licence permits.’, ‘As in previous questions this looks a nonsense proposal! These Regulations may be cited as the Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2020 and come into force on 22nd July 2020. 105 responses were received to this question with 82 agreeing with the definitions of rural area outlined in the consultation paper. Short title, commencement and extent- (1) This Act may be cited as the Code of Civil Procedure, 1908. Of the larger organisations and representative bodies, responses were received from the Freight Transport Association (FTA), Confederation of Passenger Transport, Community Transport Association, National Farmers Union, National Farmers Union (Scotland), Federation of British Historic Vehicle Clubs, Society of Motor Manufacturers and Traders, the John Lewis Partnership, Equality and Human Rights Commission, Association of Local Bus Company Managers, Bus Users and Transport Museum Wythall. 133 responses were made with 93 agreeing with this approach but this and other questions about alternatively fuelled vehicles seemed to cause some confusion, many people appeared to be unsure what we were asking about and not indicating agreement or disagreement and commenting that ‘the type of fuel does not alter the safety aspect of heavy vehicles.’ And ‘No this is why they have already passed heavy goods test.’, Of those that agreed one stated ‘Yes, being able to drive a car does not necessarily give the driver the ability to safely drive larger vehicles.’. ALBUM, whilst acknowledging they were not expert in what constituted a rural area, noted that up to 10,000 population criteria were used by other government departments and for consistency suggested it was left in its current form. The amendment exempts lessees … The National Assembly Standing Committee on Law and Justice had cleared the CPC Amendment Bill, 2019 on August 22 last year. By proceeding, you consent to their use. There was a general consensus from those of the larger organisations that commented, that 100km was suitable. 144 responses responded to this question with 82 being in favour. SMMT expressed support and CTA had no objection in principle to the proposal. They welcomed the delivery of courses digitally during the coronavirus emergency and hoped this would allow a move to a permanent situation. You can change your cookie settings at any time. Under the New CPC Policy, the Company is permitted to implement certain other changes from the Former Policy without obtaining shareholder approval. CPC Amendments [1] Omitted by Act No. SMMT also expressed support. We will now take forward developing those examples, taking into account comments made in responses to the consultation. Do you agree that we should retain our current arrangements and not change the UK law? One respondent stated ‘Certainly would. CTA considered that the current arrangements were working satisfactorily, they were unaware of significant issues affecting the community transport sector and that domestic legislation was broadly in line the Directive. Please also note that all percentages have been rounded up or down to the nearest whole number. It also has health and safety issues to its passengers and cargo carried. As long as your company is a member, and we have a record of your email address, then you should be able to reset/update your password, or create a login for yourself, using that "Forgotten Password" link. NFU(S), felt it would reduce administrative burden and associated cost. We also use cookies set by other sites to help us deliver content from their services. There should be clear guidelines and drivers should have a choice of trainer. ALBUM felt the changes would improve clarity, flexibility and consistency. DVSA will now consider how best to instigate longer course approval times. If there is a financial contribution towards that hobby, such as sponsorship, then the contribution does not exceed the total cost of the hobby, no payment is made, either to the operator or the driver, for carriage per se, any financial contributions made does not exceed the running costs of the vehicle for that journey (eg contributions towards the fuel costs)”, in England and Wales as in the ‘2011 Rural-Urban Classification Of Output Areas’ published by the Office For National Statistics in August 2013, in Scotland, as in the ‘Scottish Government Urban Rural Classification 2016’ published by the Scottish government in March 2018 to determine whether a driver is operating in a rural area, in Northern Ireland, as in the ‘Review of the Statistical Classification and Delineation of Settlements March 2015’ (NISRA), ‘I don’t believe the time should be a barrier as long as extra training is completed.’, ‘No this is not a proportionate effective measure. FTA accepted the implementation of this. 28 May 2020 IASB issues amendment to IFRS Standard on leases to help lessees accounting for covid-19-related rent concessions. FTA supported the continued application of the existing derogation in GB for alternatively fuelled vehicles up to 4.25t. Code of Conduct for Volunteers, EDA staff, and campaign staff. Where the training is undertaken in another recognised training scheme and not specifically accredited as Driver CPC training (for example ADR), submission of a recognised certificate of completion would be allowed to stand for a set number of Driver CPC periodic training hours (this should not prevent an ADR course counting towards Driver CPC when uploaded). Ministers have taken into consideration all the comments made. The Department for Transport (DfT) in conjunction with the Driver and Vehicle Standards Agency (DVSA) sought views on the department’s proposals for implementing the requirements of the Amending Directive On Driver Certificate of Professional Competence (Driver CPC) (Directive 2018/645/EC). One issue on which clarity was sought was the phrase “non-commercial”. DfT is looking at the most suitable options for enabling driving of heavier, alternatively fuelled vehicles and will take comments made in response to the consultation into account in this process. Transport Museum Wythall felt, along with similar representative bodies, that driving and maintaining historic vehicles required different skills compared with modern vehicles, with their high dependency on technological systems. “We will see how the training industry takes the option up, but we are pleased to see DVSA is looking for new ways of allowing delivery within the constraints of the Directive. Question 17. We are grateful for comments on this proposal. Do you mean before they can start to drive (provisionally) a heavier vehicle?’, ‘Yes. 146 responses were made to this question with a number of time periods being suggested from 6 months to 10 years. Question 16. Bus users felt there needed to be a consistent approach and commonality of regulation for all types of vehicles made heavier due to technology. FTA is one of the UK’s leading business groups, representing logistics businesses which are vital to keeping the UK trading, and more than seven million people directly employed in the making, selling and moving of goods. This should apply across Great Britain and Northern Ireland and follow consultation with operators. Do you agree we should implement this exemption? The changes to the certification, which cover amendments to minimum qualifications, training standards and the delivery of periodic training, as well as exemptions for drivers in specific industries will come into force in the UK on 22 July 2020. The consultation asked in the interests of road safety, whether there should be any restriction on the types of roads that could be driven on, for instance, motorway driving would not be permitted. They supported further flexibilities in minimum training delivery times. One person who disagreed stated ‘I completely disagree with allowing exemption in rural areas. The Equality and Human Rights Commission (EHRC) supported the proposal and stressed the responsibilities for training to be available arising from legislation on disabilities. The flexibility to run a Driver CPC course over 2 days was welcome as it more easily fitted around driving schedules and would reduce costs. Question 15. However, as advised in the previous point, the government has decided that a maximum radius should not be set. TSX Venture Exchange Publication, "Capital Pool Company brochure" (2020). The Code of Civil Procedure 1908 has been amended multiple times to suit the changing circumstances. This report identifies comments only from respondents who have not requested confidentiality. This measure was, however, opposed by CPT. The first option could be an option in the early years to encourage operators to convert to green vehicles.’, ‘A larger vehicle is a different drive line. Question 8. CTA, whilst not having a view because none if their members fell into the categories of exempted industry, supported a geographical restriction as, allowing non-professional drivers to potentially drive the length of the UK could be a road safety issue, due to lack of experience and training. FTA believed that the current derogation should continue, CTA considered that there was insufficient information and Bus Users felt that there needed to be more consistency and commonality of regulation for all types of vehicles made heavier due to technology. The new directive has not imposed training rigidly – as it was feared it might – but now emphasises the importance of adapting and tailoring training to the individual’s own role, including relevant legal and technological developments, and remedial training as appropriate – mirroring the way the Directive has historically been implemented in the UK. en Haag was zondag in de ban van de. They suggest these drivers having an exemption from the PSV Driver CPC as this syllabus does not accurately reflect the operation of these vehicles. In order to maintain our current flexibility in periodic training, the government has decided to incorporate these amendments to the course requirements. Stages of Litigation Corresponding Amendments made by the Act of 2002. Do you agree with these definitions of a rural area? We hope this flexibility will encourage the agricultural sector to reconsider the use of large tractor and trailer combinations that are sometimes used in the farming industry rather than using a lorry. 174 responses were received to this question online with 126 agreeing with the proposal. Consequently, we will not mandate any new requirements or a specific format to record working time for the purposes of demonstrating compliance with this exemption. Don’t worry we won’t send you spam or share your email address with anyone. We are seeking your views on potential amendments to the requirements for evidencing Driver CPC so that a driver might be allowed to demonstrate their compliance by … NFU, CTA, CPT and SMMT were in favour of this proposal and NFU(S) supported the Scottish definition to include small towns and avoid unfairly disadvantaging those in more remote or island-based settlements. As e-learning does not constitute large swathes of a Driver CPC course, and there should be little risk of any driver accruing as much as 12 hours of e-learning across 35 hours, there should be no need for any new registration process for e-learning courses. We recognise that requiring new record keeping process may introduce unnecessary burdens on businesses, and that small businesses are particularly likely to make use of the exemptions that apply where driving is not a principle activity. ALBUM considered it perverse that a driver had to carry and produce the DQC but not the driving licence. Question 11. Of those who expressed an opinion, there was a majority in support of continuing to recognise Swiss Driver CPC. This primarily involved proposals regarding; The consultation also sought views on proposals to issue longer Driver CPC course approvals periods, roadside enforcement of Driver CPC using the electronic record and recognition of Swiss Driver CPC. As the interpretation turned on the phrase “for personal use”, they felt this change would help to clarify the position and should be made quickly. A number of the larger organisations were in favour, provided there were safeguards. SMMT suggested tachograph records as the best solution without adding an administrative burden. The Patent Law Amendments 2020 are broadly consistent with the Second Draft of the Patent Law and introduce Drug Patent Linkage and Supplemental Protection Periods, which had been raised in the "Opinions on Deepening the Reform of the Review and Approval System and Encouraging the Innovation of Drugs and Medical Devices" of the General Office of the CPC Central Committee and General Office … KP govt prepares draft to repeal CPC amendments . 150 responses were received to this question with 68 being in favour. High quality, relevant disability awareness training should remain up to date. en Haag was zondag in de ban van de. Amendments to … FTA expressed concern that the consultation coincided with restrictions arising from the coronavirus outbreak, which had prevented them from consulting with stakeholders in the usual way. ALBUM considered that, where consideration for operation was made, in cash or other benefits, a Driver CPC should apply. endobj 4. 135 responses were received to this question with 97 agreeing. I) PRE-TRIAL PROCEEDINGS (a) Institution of plaint, along with documents relied on. These are contained in the guidance affecting passenger carrying vehicles, however, the can equally read across to goods vehicles. Effective February 16, 2021, corrections were made to resolve issues with administrative transfers in association with C-Sets of RP0707 (B22F). Of those that agreed one commented ‘Yes - incorporate into UK law. 158 responses were made to this question, 89 had no comments. They considered that any investigations or enforcement activity against drivers who may have been in breach of this requirement should be suspended. However, in view of the legal difficulties outlined above it is not possible to implement the exemption at this time. 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Get more Personal Finance News and Business News on Zee Business the copyright holders concerned intention to this! That driving and working time should both be recorded for relevant drivers covid-19-related rent concessions to 4.25t staff... Stated ‘ i completely disagree with allowing exemption in rural areas clarity and remove uncertainty ehrc were aware! Ensure that the Directive matches the same 7 hour training module could not be set out to! E-Learning period to 14 hours rather than 12 lorry Driver CPC since inception! Into UK law publish worked examples until guidance following a judicial review 2023!
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