UK Offence Report

Document errors

regulation 12(8) of The Vehicle Drivers (Certificates of Professional Competence) Regulations 2007

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

8 A person who fails to comply with the duty in paragraph (2) or (3) without reasonable excuse is guilty of an offence.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a person
Conduct
failing to do something the instrument requires
Fault element
Strict liability
Burden of proof
An element of the offence, for the prosecution to prove

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

“Without reasonable excuse” here is an element of the offence rather than a defence, so its absence is for the prosecution to prove (R v Charles [2009] EWCA Crim 1570).

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

n who fails to comply with the duty in paragraph (2) or (3) without reasonable excuse is guilty of an offence.

What would breach regulation 12(8)?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. On these words an offence is committed where a person fails to comply with the duty in paragraph (2) or (3) without reasonable excuse.
  2. Not doing what the provision requires under the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007, by the time it requires it to be done.
  3. Doing it, but not in the manner or to the standard the instrument specifies.

Penalty

Mode of trial
Not determined
Maximum fine
£1,000
Standard scale
Level 3
Maximum prison (summary)
Not determined

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
28 February 2007
In force from
Not determined
Extent
Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations implement Council Directive 2003/59/EC of the European Parliament and of the Council of 15 July 2003 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers. In brief, the Directive requires such drivers to take an initial practical and theoretical driving test, valid for five years and 35 hours of periodic training every five years. These Regulations extend to the United Kingdom, except regulation 15 which extends to Great Britain only. Regulation 2 provides that in respect of Great Britain the competent authority is the Secretary of State and in respect of Northern Ireland it is the Department of the Environment. Regulation 3 describes the categories of driver in respect of which the Regulations apply. Broadly, these are professional bus and lorry drivers. The main exceptions are those driving emergency vehicles, vehicles used by the police or armed forces, and vehicles used for training or testing purposes. Regulation 4 prohibits any new driver from driving a bus on or after 10th September 2008 or a lorry on or after 10th September 2009 (“the relevant implementation date”) on a public road unless that driver has passed a theory and practical driving test, referred to as an “initial CPC” test. That test is more extensive than the current driving test and may be taken at the same time as that driving test. Drivers undergoing a vocational training course may be exempted up to 12 months from taking that test by the competent authority. Drivers who hold a bus or lorry driving licence before the relevant implementation date (“drivers with acquired rights”) are also exempt from taking the initial CPC test. Regulation 5 allows the competent authority or a person approved by it to organise provision of initial CPC tests. Any person who takes the initial CPC test must pay £30 for the theory part of the test and £41 for the practical part of the test. This is additional to any fee that the applicant must pay for a driving test which he takes for a driving licence. Regulation 6 allows the competent authority to approve persons to provide periodic training courses. Such a person must pay a fee of £1,500 for such approval which is valid for five years. In addition he must pay to the competent authority £250 for approval for each course which he proposes to provide. Such approval is valid for one year. Each course must last at least seven hours. Regulation 7 requires each person who provides periodic training to notify the competent authority each time a course of periodic training has been completed. The competent authority must keep a record of such courses which have been completed. Regulation 8 provides for a person who has passed the initial CPC test or completed 35 hours of periodic training to apply to the competent authority for a driver qualification card. The competent authority must issue such person with a driver qualification card upon payment of a fee of £25. Regulation 9 prohibits anyone from driving a bus or lorry unless that person has passed the initial CPC test within the previous 5 years or has completed 35 hours of periodic training within the previous 5 years. Drivers with acquired rights who do not need to take the initial CPC test must complete 35 hours periodic training by 10th September 2013 in respect of bus drivers and by 10th September 2014 in respect of lorry drivers. Regulation 10 makes it an offence for a person to drive without a CPC as required by the regulations. This is punishable with a fine up to level 3 on the standard scale. Regulation 11 requires a driver who is required to have a CPC or who is exempt because he is undergoing an approved national vocational training course to carry evidence of that entitlement while driving and to produce it on demand by a police constable or vehicle examiner. Failure to do so is an offence punishable with a fine up to level 3 on the standard scale. Regulation 12 enables the competent authority to issue a new driver qualification card or a document authorising driving whilst undergoing an approved national vocational training course if that card or document contains any errors, including if the name ceases to be correct. A fee of £25 is payable if the name ceases to be correct or if the error was the card holder’s fault. Otherwise issue of a new card is free of charge. Failure to surrender a card or document with errors is an offence punishable with a fine up to level 3 on the standard scale. Regulation 13 makes it an offence for a person to forge or make false statements with respect to any document which evidences CPC entitlement or a training exemption. Such an offence is punishable on summary conviction with a fine up to the statutory maximum or on indictment to up to two years imprisonment or a fine or both. Regulation 14 allows constables and examiners to seize any documents in respect of which an offence concerning evidence of CPC entitlement or a training exemption may have been committed under the regulations. Regulation 15 amends the Motor Vehicles (Driving Licences) Regulations so that the new minimum age requirements in the Directive apply to bus and lorry drivers who have passed the initial CPC test. Broadly, 18 is substituted for the age of 21 in respect of bus drivers and lorry drivers provided that, in the case of the former, the driver is carrying passengers on a route which does not exceed 50 kilometres or does not carry passengers at all. For other bus drivers, age 20 is substituted for 21. A copy of the regulatory impact assessment prepared in respect of these Regulations is available from the Driving Standards Agency, Policy Branch, Stanley House, 56 Talbot Street, Nottingham, NG1 5EJ or at www.dsa.gov.uk. .It can also be accessed on the Office of Public Information website at www.opsi.gov.uk. A copy of the transposition note is also available from the Driving Standards Agency at the same address or at www.dsa.gov.uk.

Read the full note and every offence in this instrument

What Parliament said

Mentions of this instrument in Hansard. Parliamentary material is reused under the Open Parliament Licence v3.0.

Other offences in the same instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.92.

Basis
the provision says a person is “guilty of an offence”
Confidence
0.92 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source