UK Offence Report

The Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2020

UK Statutory Instrument 2020 No. 662 — creates 2 criminal offences.

2offences created
0recorded in force
0revoked
Made
29 June 2020
In force from
22 July 2020
Extent
Not stated
Subject
Road traffic and vehicles
Made under
European Communities Act 1972

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

Directive 2003/59/EC of the European Parliament and of the Council provides for the initial qualification and periodic training of drivers of certain goods vehicles and passenger vehicles. This Directive was transposed by the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007 (“the 2007 Regulations”), which applies throughout the United Kingdom. This instrument amends the 2007 Regulations to transpose amendments to the Directive and provide for the recognition of Swiss Certificates of Professional Competence. In particular— a an explicit exclusion from the requirement to hold a Certificate of Professional Competence (CPC) is provided for ambulance drivers (regulation 2(2)(c) and (4)(a)); b existing exclusions are clarified – for example, the exclusion for emergencies/rescue missions includes the non-commercial transport of humanitarian aid (regulation 2(4)); c an exclusion is introduced for vehicles used by agricultural, horticultural, forestry, farming or fishery undertakings and driven by a person other than a professional driver (regulation 2(4)(f) and (g)); d certain outdated references are replaced – for example, regulation 11(2) of the 2007 Regulations refers to a “driver’s certificate”, which is now known as a “driver attestation” (regulation 2(10)(d)); e provisions to provide for the recognition of Swiss equivalents to the CPC, initial training and periodic training are introduced, including— i requiring the competent authority to publish which documents and training will be recognised as equivalent; ii allowing for a combination of UK or EU and Swiss training hours to be taken into account when determining if the minimum training has been completed; iii excluding the holders of equivalent Swiss qualifications from liability for driving a vehicle without a UK or EU CPC (regulation 2(3) and (5) to (11)); f consequential amendments relating to the above changes are made (regulation 3). A full Impact Assessment has not been produced for this instrument as it is not expected to have significant impact on the private, public or voluntary sectors. An Explanatory Memorandum and a transposition note have been prepared for these Regulations and are available alongside this instrument on the UK Legislation website at www.legislation.gov.uk.

Offences created by this instrument

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

This instrument became law without a debate or a vote. Under the negative procedure it took effect unless a motion to stop it succeeded, and none was tabled.

Procedure
Made negative — law unless a motion to stop it succeeded
Could either House amend it?
No. A statutory instrument is put to each House as a whole thing, to be approved or not. Neither House can change a word of it.
Committee
Drawn to the special attention of the Houses by a scrutiny committee

Procedural history

From Parliament's Statutory Instruments service. Parliamentary material is reused under the Open Parliament Licence v3.0.

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