V2 the vehicle drivers regulations by Len Gair

UK & EU DRIVER & RIDER REGULATIONS

OVERVIEW IMPACT ANALYSIS SOLUTIONS

Critical Resources for

ORGANISATIONS TRAINERS DRIVERS & RIDERS EDUCATION ESTABLISHMENTS

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Drive T ime-VTS Limited Company Number 9033559

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STAKEHOLDER & IMPACT OVERVIEW

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Table of contents No

Subject

Page

Introduction

Directive 2003/59/EC On the initial qualification and periodic training of drivers

Explanatory Memorandum to Vehicle drivers (CPC) Regulations 2007

Title of Regulations

Purpose and intended effect of the measure

Driver training

Refresher training

Risks assessed

Formal consultation on the adopted directive

Driver licensing: Note to the House of Commons

Road safety: Driving licences

House of Lords: Merits of Statutory Instrument Committee

JAUPT Research and analysis of driver periodic training: QA and compliance 2014

Enforcement and sanctions

Graduated fixed penalty and deposit system

Practical test: Cost implications identified pre-vehicle driver regulations

Periodic training: Cost implications identified pre-vehicle driver regulations

Initial and periodic qualifications: Directive 2003/59/EC specifications 15 July 2003

Advanced training in rational driving based on safety regulations

Driving at work

Initial training: The Health and Safety Executive overview

Training drivers (Introduction)

National Standards for Driving and Riding

Drive Time : Professional driver training solutions and CPC syllabus

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INTRODUCTION This document tracks the history of EU Directive 2003/59/EC, on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers, and the training of drivers under UK Law, The Vehicle Driver (Certificate of Professional Competence) Regulation 2007. The Driving Standards Agency (DSA) held a consultation on the introduction of CPC in November 2005. The Partial Regulatory Impact Assessment states that the overall objective of the Directive is To improve road safety, to improve the professionalism and the quality of service offered by professional drivers and to facilitate the free movement of workers”. In addition, the European Commission hoped by proposing these measures to encourage more drivers into the road haulage and passenger transport industries. This was seen as being assisted by establishing a Communitywide standard for the Initial Qualification and Periodic Training for drivers working in the road freight and passenger-carrying sectors.

The consultation paper gave the following summary of the ‘expected benefits’ of CPC The proposed new arrangements offer the prospect of major benefits to the road freight and passenger transport sectors. In particular: a) Better qualified drivers should mean savings in fuel consumption. Research indicates that the economic benefits should outweigh the costs of the Directive’s provisions

b) Better arrangements for skilling professional drivers will enable younger persons to take up those occupations, which has long been a request from the sectors 23. The economic benefits (a22) have not been achieved as reported to the transport select committee. A better arrangement for skilling professional drivers has not exceeded driver expectations according to JAUPT research and analysis. The gap in the expected shortfall of new drivers required for the transport sector has widened to 149,000 as reported by Skills for Logistics. Having previous experience in developing Quality assured vocational training programmes and having experienced driver CPC training first hand, Drive Time® embarked on a three year study to identify where the gaps lay between Road safety policy and Education and Training policy. The Drive Time objective: Put the learner first. The most important principle of the European Qualifications Framework (EQF) is the learning outcomes approach. The learning outcomes approach shifts focus to what knowledge, skills and competences the learner has acquired by the end of the learning process. Our learning process starts with “Managing time, self and personal skills” Our aim is promote easy access and greater understand of the risk to occupational safety and regulation associated with teaching learners, operating and driving vehicles at work, clarify the professional responsibilities of the trainer, the vehicle operator and the driver to engage, promote and deliver road safety objectives and avoid additional penalties of none compliance as enforced Driver Vehicle Standards Agency (DVSA). We provide free access to information and guidance and affordable solutions in a format of the learner’s preferred learning style. We introduce learners to a system that allows them to make free choices about their chosen career and the extended development opportunities within the context of the EQF. We provide online or hard copy learning materials. Monitor and measure learning interventions. Analyse results, benefits to learner and benefits to business. Validate learning interventions via quality controlled processes and systems. Drive Time® offers four simple steps to support your personal or business development. 1: What standard should you working to? 2: What Qualification(s) do you want to achieve? 3: What level of achievement would like to aim for? 4: Don’t Know? Contact Us.

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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, amending Council Regulation (EEC) No 3820/85 and Council Directive 91/ 439/EEC and repealing Council Directive 76/914/EEC EXPLANATORY MEMORANDUM TO THE VEHICLE DRIVERS (CERTIFICATE OF PROFESSIONAL COMPETENCE) REGULATIONS 2007 DEPATMENT OF TRANSPORT: Explanatory Memorandum session 2006-2007 Access to the “Full regulatory impact assessment” can be gained via the link above. A summary of the key points can be viewed below. 1) TITLE OF REGULATIONS 1.1)

These regulations are The Vehicle Drivers (Certificate of Professional Competence) Regulations 2007. They implement Directive 2003/59/EC1 , on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers

1.2)

By virtue of Directive 59 of 2003 the European Union (EU) has adopted arrangements for the compulsory initial qualification and periodic training of new and existing professional lorry2 and bus3 drivers. The Directive also imposes (where the training is subject to EU rules) arrangements to approve training programmes and to certify the training providers delivering those programmes.

1.3)

These regulations transpose the Directive in UK legislation under the European Communities Act 1972. (Currently the main domestic regulations concerning driver testing and training are the Motor Vehicles (Driving Licences) Regulations 1999 SI No 2864 made under Road Traffic Act 1988 as amended).

1.4)

This full Regulatory Impact Assessment (RIA) represents the Driving Standards Agency’s (DSA) and the Driver and Vehicle Testing Agency’s (DVTA) estimation of the costs, including compliance costs, of implementing the Directive’s provisions as the Agencies4 understand they are intended to operate.

1.5)

This RIA has been revised using information provided by the road freight and passenger transport industries and other interested parties following the public consultation exercise

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2) PURPOSE AND INDENDED EFFECT OF THE MEASURE 2.1) Objective

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2.1.1)

The overall objective of the Directive is ‘to  Improve road safety,  improve the professionalism, and  The quality of service offered by professional drivers, and  To facilitate the free movement of workers’.

2.1.2)

In addition, the European Commission hoped by proposing these measures to encourage more drivers into the road haulage and passenger transport industries. This was seen as being assisted by establishing a Community-wide standard for the initial qualification and periodic training for drivers working in the road freight and passenger carrying sectors.

2.1.3)

The Directive prescribes the arrangements that must apply where the training is subject to EU rules. These include regulation of training courses and the quality assurance of those who may deliver them. This is intended to ensure that the training being delivered is of a high standard, the right content, and that the instructors who deliver the training have a good understanding of the subject matter and high instructional abilities. The Directive also prescribes the tests that must be passed before an initial qualification is awarded.

2.1.4)

The Government welcomes measures to improve road safety at a European level in an effective and efficient manner. The Government announced in its Road Safety Strategy5 its intention to improve training and assessment arrangements for drivers of large goods vehicles (LGVs) and passenger carrying vehicles (PCVs), and to promote efficient road haulage and passenger transport sectors that meet the needs of a modern society.

2.1.5)

When the Commission published its original proposals, the representative bodies for the road freight and passenger transport sectors highlighted the economic burden that inflexible training arrangements such as minimum training periods would impose on their respective industries. The road freight industry estimated a cost of some £211m. The passenger transport industry estimated a cost of some £44m. Discussions between Member States resulted in major improvements in the Directive’s arrangements. Updated cost estimates are detailed below.

2.1.6)

The Government is committed to transposing the Directive using arrangements that are cost-effective and which minimise any unnecessary process and burden. In particular, these regulations implement an initial qualification arrangement that assures standards by assessed competence rather than training process.

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2.2) Background to risk assessment

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2.2.1)

DVLA estimates that in Great Britain there are some 1.6m vocational licences in issue - and around 433,000 currently working as professional LGV drivers and around 166,000 currently working as professional PCV drivers. This implies around 900,000 who hold vocational licences but do not use them. Some may be accounted for by drivers leaving the industries through retirement on age or health grounds. But both the road freight and passenger transport industries reported difficulties in retention and recruitment of drivers and estimated they would be short of 46,000 and 5,000 drivers respectively during 2006. Reasons sometimes given for this are uncompetitive terms and conditions relative to other industries, unsociable hours, pay, and poor career progression.

2.2.2)

Until this Directive, the only European Community legislation about driver training was in the context of 1986 social legislation relating to road transport 6 This provides that the minimum age of 21 years for driving LGVs and PCVs may be reduced where a driver holds a Certificate of Professional Competence (CPC) issued in conformity with the 1976 rules on the minimum level of training for such drivers.

2.2.3)

GB has operated such a scheme for persons under the age of 21 years seeking an LGV driving licence, but participation has always been low7. There is no equivalent CPC scheme operating for young PCV drivers, though the same European legislation allows for the driving of some PCVs in certain circumstances from the age of 18 years. The Driver CPC Directive replaces the 1976 and 1986 provisions and sets minimum driving ages for professional drivers linked to minimum wages for awarding CPCs.

2.2.4)

To date, there has been no regulation of the training that an LGV or PCV driver must undertake as part of driving licence acquisition or for continuing professional development. Also, there is no regulation of LGV or PCV driving instructors.

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3) DRIVER TRAINING 3.1) Much of the LGV and PCV driver training undertaken in UK has traditionally been to pass the driving test. Typically drivers take up to two weeks LGV or PCV pre-licence acquisition training, with the practical driving test being taken during the second week. There is reluctance amongst many drivers and employers to lengthen this training to acquire vocational driving entitlement. 3.2) In the course of the project to implement the Directive, the Agencies have been advised that, for LGV drivers:   

Some 85% of their training is practical in-cab training and 15% theory. Goods vehicle operators expect drivers already to hold the relevant licence and be fully competent to drive lorries when they employ them. Typically, it costs around £1,500 for two weeks training, and in around 50% of cases the costs of becoming an LGV driver will be met by the employer.

3.3) DSA has been advised that, for PCV drivers:  

 

The majority of the licence acquisition training is practical in-cab driver training. For some bus drivers the training will then continue for a further couple of weeks to cover such items as customer care, information management skills, use of technology. Employers of bus drivers meet the costs of driver training in around 80% of cases, with the majority of training being provided in-house. The position for coach drivers is frequently more similar to that for lorry drivers.

3.4) Many of the subjects covered by the EU Driver CPC syllabus are also within the syllabus for the vocational driving test8 . The Government is transposing the Directive avoiding duplication of process wherever possible, but at the same time ensuring that professional drivers have the necessary level and breadth of knowledge and skills required by the Directive9. 3.5) Directive 2003/59 sets a standard for the Driver CPC of a minimum level of knowledge and practical competence at the level reached during compulsory education supplemented by professional training, which equates to NVQ/SVQ level 2 in the UK context. 3.6) National Occupational Standards for a) b)

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Driving Goods Vehicles (DGV) Lorries LGVs (Large Goods Vehicles) Passenger Carrying Vehicles (PCV) Bus & Coach PSVs (Public Service Vehicles)

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4) REFRESHER TRAINING 4.1) The Agencies understand that, where it occurs, employers usually meet the cost of refresher training. A survey of road haulage companies undertaken by the Freight Transport Association (FTA) showed that 64% of the 212 respondents offered refresher training to their lorry drivers, with the emphasis being on the legal requirements of driving, such as health and safety and drivers’ hour’s rules. Fewer than 10% of respondents offered training such as National Vocational Qualification (NVQ) or modern apprenticeship training. 4.2) The same survey showed a link between the size of the company and support for training. The road haulage industry has a preponderance of small and medium sized enterprises (SMEs). Fewer than 40% of companies operating up to 5 vehicles offer training, whereas 90% of companies operating more than 100 vehicles offer training . 4.3) Similar results are to be found in the bus and coach industry, where again there are many SMEs. Fewer than 50% of those surveyed10 had arranged training for their staff during the preceding 12 months, and of staff had any kind of continuing training plan. fewer than 25%

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5) RISKS ASSESSED 5.1) The European Commission estimates that in most Member States only 5-10% of professional lorry and bus drivers undertake any training beyond what is needed to pass the relevant driving test. The Commission considers that the demands on today’s professional drivers call for comprehensive initial training plus continuing professional development, and that the European vocational training syllabus established in 197611 is obsolete. Higher common standards should improve road safety, the service offered by the road freight and passenger transport sectors, the attractiveness of those sectors in recruiting and retaining drivers, and competition and harmonisation in the European Union. 5.2) Road traffic accidents in the UK involving LGVs and PCVs are relatively infrequent, but when they happen the effects tend to be serious. Government Health and Safety officials currently estimate that the cost of a loss of life is around £1.6m12. This figure takes into account lost output, medical and ambulance, human costs, police costs, insurance and damage to property costs. Casualties involving lorries and buses in GB in 2005 are shown in the table attached, along with the estimated economic savings that would be made if the accidents had not happened.

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6) FORMAL CONSULTATION ON THE ADOPEDED DIRECTIVE 6.1) The Directive was adopted in 2003. Once the final content was known, and in line with Cabinet Office Guidance, extensive consultation was undertaken with interested parties before the formal consultation exercise commenced. This built upon the dialogue established during the discussions surrounding the draft Directive. It was therefore possible to develop proposals to take account of concerns raised by those within the industry. This allowed both DSA and the Driver Vehicle and Testing Agency (DVTA) in Northern Ireland to implement arrangements to meet the needs of stakeholders, whilst minimising cost and process duplication. 6.2) One of the main elements for consultation was which of two options for the initial qualification was to be adopted as the Directive allowed Member States to choose between: a)

Option 1 – involves EU imposed regulation of both training and testing. The regulated training must cover the syllabus, have a minimum period of 280 hours (see para 3.9) of initial training and is subject to other conditions, followed by a test; or

Option 2 – focuses the EU imposed regulation on just the assessment of competence. It involves tests totalling six hours. 

A four-hour, two-part theoretical test, of multiple-choice and/or direct answer questions and case studies,

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Plus a two hour, two-part practical test, of 90 minutes driving and 30 minutes vehicle safety/documentation checks.

6.3) The Government proposed that Option 2 should be adopted in the UK as this would be less rigid and would less of a burden on industry. 6.4) The Agencies understand a national vocational training course to be any vocational scheme recognised and accredited by the Qualifications and Curriculum Authority or Scottish Qualifications Authority 6.5) Qualifications approved for public funding 2014

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7) DRIVING LICENSING: Note to the House of Commons 7.1) There are separate qualifications for those wishing to become HGV and bus drivers. General information on driver licensing, including application procedures, can be found on the Gov.uk website. 7.2) Certificate of Professional Competence for HGV Drivers a) If you want to drive a lorry (heavy/large goods vehicle or HGV/LGV) you will normally need to apply to the Driver and Vehicle Licensing Agency (DVLA) to add provisional entitlement for HGVs to your driving licence. When you have provisional entitlement, you can take lessons and the necessary theory and practical driving tests to drive an HGV. If you want to drive an HGV for a living, you will also need to pass the Driver Certificate of Professional Competence (CPC) initial qualification tests. b) The CPC for professional drivers was introduced as a result of European Directive 2003/59/EC. All new professional HGV drivers must pass an initial qualification, and all existing professional HGV drivers must take periodic training on a five-yearly cycle. The requirements to pass an initial qualification were introduced on 10 September 2009; existing drivers will have to have undertaken the first round of training by 9 September 2014. c) The Driving Standards Agency (DSA) held a consultation on the introduction of CPC in November 2005. The Partial Regulatory Impact Assessment states that the overall objective of the Directive is 

To improve road safety, to improve the professionalism and the quality of service offered by professional drivers and to facilitate the free movement of workers”. In addition, the European Commission hoped by proposing these measures to encourage more drivers into the road haulage and passenger transport industries. This was seen as being assisted by establishing a Community-wide standard for the Initial Qualification and Periodic Training for drivers working in the road freight and passenger-carrying sectors.

d) The consultation paper gave the following summary of the ‘expected benefits’ of

CPC e) The proposed new arrangements offer the prospect of major benefits to the road freight and passenger transport sectors. In particular: 

Better qualified drivers should mean savings in fuel consumption. Research indicates that the economic benefits should outweigh the costs of the Directive’s provisions 22.



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Better arrangements for skilling professional drivers will enable younger persons to take up those occupations, which has long been a request from the sectors23.

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8) ROAD SAFETY: Driving Licences 8.1) Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006 on driving licences. 8.2) This Directive recasts the existing legislation harmonising the conditions for issuing national driving licences. 8.3) The aim is to improve mutual recognition of licences and so make it easier for people to move within the European Union (EU) or to settle in an EU country other than the one in which they have passed a driving test. 8.4) The Directive also introduces substantive changes with the aim of: 

Reducing the scope for fraud: the Directive replaces the paper driving licence with a model in the form of a plastic card. Existing paper licences do not need to be exchanged, but will no longer be issued once the new legislation applies. European Union (EU) countries which so wish may equip the new licence with a microchip incorporating the information printed on the card;



Ensuring the free movement of citizens: driving licence holders will retain their acquired rights, but regular renewal of the document will limit the scope for fraud by allowing the protection features of all licences, and the holder’s photograph, to be updated. All licences will have a given period of validity and will be unconditionally valid in all EU countries. o

All new category A (motorcycles) and category B (cars) licences issued after the Directive enters into force will in principle be valid for 10 years (EU countries may opt for an administrative validity of up to 15 years). All new category C (lorries) and category D (buses/coaches) licences are valid for 5 years;

Helping to improve road safety: the Directive introduces a new category of licence for mopeds and harmonises the frequency of medical checks for professional drivers. It also introduces minimum requirements for the initial qualification and the training of driving examiners.

8.5) EU countries must ensure that applicants for driving licences possess the knowledge and skills and exhibit the behaviour required for driving a motor vehicle. In general, the tests introduced to this effect must consist of:

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a theory test;

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a test of skills and behaviour.

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9) HOUSE OF LORDS: Merits of Statutory Instruments Committee. 9.1) The Vehicle Drivers (Certificate of Professional Competence) Regulations 2007 Summary: These Regulations implement a European Directive which introduces a new driving test and training requirements for all professional drivers of lorries and buses. With some exceptions for volunteers, all professional drivers will have to pass an initial Certificate of Professional Competence (CPC) test, valid for 5 years, and after that provide evidence that they have undertaken 35 hours of relevant training every five years. All HGV and bus drivers will be required to carry a Driver Qualification Card to prove that they have met the training requirement. 9.2) These Regulations are drawn to the special attention of the House on the ground that they give rise to issues of public policy likely to be of interest to the House. 9.3) The Department for Transport (DfT) have laid these Regulations under section 2(2) of the European Communities Act 1972 and sections 101 of the Road Traffic Act 1988, together with an Explanatory Memorandum (EM), a Regulatory Impact Assessment (RIA) and a Transposition Note (TN). 9.4) These Regulations implement Directive 2003/59/EC on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers. The Directive introduces a Driver Certificate of Professional Competence (CPC) across the EU. With some exceptions, all professional drivers of lorries and buses must pass an initial CPC test, valid for 5 years, and after that provide evidence that they have undertaken 35 hours of relevant training every five years. Drivers will be required to carry a Driver Qualification card to prove that they have met the training requirement. 9.5) Under the Regulations, those with full licences for the vehicles concerned on the relevant implementation date will have acquired rights and will be exempt from having to obtain an initial CPC, but they will still need to undertake the 35 hours’ training over each five year period. The initial qualification will affect all new drivers wishing to take up the occupation of passenger transport driver from September 2008 and road freight driver from September 2009 (currently around 55,000 new drivers annually). Existing PCV and LGV drivers will need to complete the 35 hours periodic training by 2013 and 2014 respectively (affecting around 599,000 existing driver. 9.6) The focus of the new test and supplemental training will be on safe and fuel efficient driving. Although the training will be costly for the industry, it is expected that there will be offsetting benefits from the reduction in accidents and the increase in fuel economy. 9.7) The RIA states that police, Vehicle and Operator Services Agency (VOSA), and Traffic Commissioners will carry out enforcement activity in the same way as they currently do for other road traffic offences. Sanctions for driving without a valid CPC will be aligned to others imposed for failing to drive in accordance with the terms of a driving licence. Employers who cause or encourage driving without the relevant CPC could have their operator licence amended or revoked. However, it appears that the heaviest sanction for driving without having met the necessary requirements is likely to be levied by the insurance companies.

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9.8) Charities, voluntary organisations and local authorities should be largely unaffected by the Directive, provided driving the vehicle is not the driver’s principal activity. For example, if a volunteer is transporting equipment for the scouts or brownies, but has a day job e.g. as a plumber or office worker, he or she should be exempt. 9.9) The Vehicle Drivers (Certificates of Professional Competence) Regulations 2007 (SI 2007/605) were laid on 2 March 2007; there was no debate on them 9.10) The syllabus for the HGV driver CPC is available on the Business Link website and a searchable list of approved training providers is available on the Joint Approvals Unit for Periodic Training (JAUPT) website. 9.11) The Driver Certificate of Professional Competence (CPC) initial qualification has 4 parts: 9.11.1) part 1 - theory test (this includes 2 separate tests - multiple-choice and hazard perception) 9.11.2) part 2 - Driver CPC case studies test (computer-based exercise with 7 studies based on real-life situations - e.g. driving in icy conditions) 9.11.3) part 3 - driving ability test 9.11.4) part 4 - Driver CPC practical demonstration test (this takes 30 minutes - you will need to show you can keep your vehicle safe and secure, e.g. loading your vehicle safely) 9.11.5) New drivers must pass all 4 parts to get their Driver CPC.

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10) JAUPT Research and analysis of driver PERIODIC TRAINING: Quality assurance and compliance for 2013 to 2014 published 3 July 2014 10.1) JAUPT carried out 462 centre audits and 1,005 course audits. Where serious noncompliance was identified the case was referred to DVSA 10.2) During 2013 to 2014 DVSA worked on 135 cases. These were targeted as a result of referrals from JAUPT and complaints received directly to DVSA by members of the public. Of these:       10.3)

50% focussed on course duration 45% had issues with identity checking and course registration 41% of courses where the trainer deviated from the approved course plan 27% where there was inadequate course preparation 28% of the centres had issues with record keeping 17% of centres visited had poor control over system access

Learning points  Course providers should:

10.4)

have better planning of the day and keeping a written record of break intervals by the trainer

fill in all parts of the registration form must be filled in and ensure plenty of time is allocated for a proper visual and signature check prior to the course start time

have better time management, adhering to the layout and keeping a copy of the course plan to hand

plan all checks of necessary equipment that will be needed before the course starts

keep original course attendance sheets securely or convert them to electronic format

have a register of people authorised to upload periodic training including their name, signature, authorisation date, de-registration date - passwords should not be shared

Other common issues identified through centre and course visits  Other issues found were:

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failure to set expectations of the course

failure to provide fair processing notice

inadequate internal quality control of trainers

trainers failed to identify individual drivers needs before training started

record of actual course start, finish and break times on course attendance/registration record.

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Result of DVSA’s audit team work during the 2013 to 2014 period  Some centres were suspended for:

10.6)

Poor administrative processes

Failure to communicate and comply with requests to audit.

Other training centres have ceased training due, in part, to the spotlight of audit.  Audits also resulted in: o

133 drivers having their training hours revoked

214 drivers having their training hours blocked

37 uploads being blocked and 13 revoked by the approved centre as a result of internal audit processes implemented by the centre after working with DVSA

10.7)

These outcomes have significant repercussions for training centres as they must resolve the situation with the drivers who attended the course. This might include redelivering the training and paying compensation.

10.8)

Effect of structural reorganisation on service users. Conclusions and recommendations from the House of Commons select committee prepared 7 October 2014. 10.8.1) It is important that the Government monitors the outcomes of reform of the motoring agencies to ensure the expected benefits are realised. (Paragraph 11) 10.8.2) We recommend that the Government make clear its long term agenda for change by setting out clearly its overall strategy for provision of motoring services. This should cover all its motoring agencies, demonstrate how the strategy will make services more unified and deliver efficiencies and cost savings, and set out a timeline for the further changes needed to bring about a more unified approach. It should also justify the different approaches it is promoting for the three agencies and explain the impact the Department's work on shared services will have on the agencies. The Department should consider whether it needs three separate agencies to achieve the streamlined, largely electronic services it provides. We would like the Government to expand on its plans for private sector involvement in the provision of motoring services and how it sees the long term future for its agencies as monopoly public service providers. The Government should also make clear the extent to which efficiency savings will benefit both the users of services through reduced costs and fees, and the general taxpayer in the form of savings to the Exchequer. (Paragraph 11) 10.8.3) The DVSA should provide us with a reassurance that the wealth of experience built up by its vehicle inspectors, examiners and other staff is not being lost in the course of the merger and the changes it is making to authorised testing facilities. Similarly, the DVLA should provide us with a reassurance that it is managing the risks around the loss of knowledge and experience as it closes local branches. (Paragraph 12) 10.8.4) We are concerned about the six-month delay in issuing the OJEU notice for the VCA's private sector partner and seek assurances from the Government that a partner will be announced on schedule in January 2015. If there are any further delays to plans to recruit a private sector partner for the VCA, we would expect the Government to write to us. (Paragraph 13)

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10.8.5) Support for businesses  The DVLA and DVSA respond effectively to the needs of individuals, who usually undertake only two or three transactions each year but account for the bulk of the agencies' business. However, on the basis of the evidence we received they do not adequately meet the needs of businesses, some of whom undertake hundreds of vehicle or driver transactions in each year. The agencies need to develop a better understanding of the needs of their business users, particularly small fleet owners and operators who play an important part in economic prosperity. We recommend that DVLA and DVSA develop specific strategies for responding to the needs of business customers. In setting out a longerterm strategy for the future of its motoring agencies, the Government should consider the needs of business users as well as those of individual motorists. (Paragraph 16) 10.8.6) Driver training  If businesses and drivers must commit time and resource to mandatory training then that training must be worthwhile and effective. At the present time this is not the case. (Paragraph 21)  Under the current regulations the Government could not add modules on vulnerable road users to the Driver CPC or compel drivers to select them. If the Government unilaterally amended regulations to make such modules compulsory drivers from other countries using roads in the UK would not have equivalent training. We recommend that the Government lobby the European Commission to introduce an amending Directive to require the inclusion of a compulsory new training module in the Driver CPC focused on vulnerable road users. (Paragraph 21) 10.8.7) Digital services  Digital services must cater for all users not just individual motorists and the agencies' assisted digital strategies must help and support those who cannot access services online. The Department needs to ensure that its motoring agencies have viable plans for assisted access, which recognise the distinct needs of individuals and businesses. The motoring agencies must ensure a good standard of accessibility to their services is provided to users who are unable to benefit from investment in digital services. They should also monitor outcomes and customer feedback to ensure that their assisted digital strategies are working. (Paragraph 27)

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10.8.8) Extending digital services  Digital services are clearly popular and they have the potential to reduce costs for the taxpayer, motorists and businesses. We recognise the need for the multi-channel approach that the agencies are adopting; and lessons learned from the progress made so far should inform the planning and roll-out of new digital services. Concerns about digital exclusion and access to services for people who cannot use online services are valid. The move to digital provision and recent organisational changes (for example, the closure of DVLA local branches) have the potential to make access to some services much more difficult and costly for certain groups of people and some businesses. The Department and the agencies need to show how they are addressing these concerns and what steps they are taking to ensure that there is alternative provision for those unable or unwilling to use digital services, especially in the context of changes to local networks and branches. The Department should also consider the extent to which reliance on the Post Office and other providers is an adequate means of dealing with digital exclusion. In addition, digital services must work seamlessly with those that will continue to require some degree of physical presence. (Paragraph 30) 10.8.9) Copycat websites  It is illegal to deliberately mislead the public or obtain money by fraud; the agencies providing services on behalf of the Government should do everything practicable to prevent users of their services from being misled or becoming the victims of fraud. Transport for London's agreement with the DVLA to alert drivers using unofficial websites is an interesting model that the Department should evaluate to see how well the approach works and whether it can be extended to other services. It will be important to understand how much any alternative approach costs to administer, what effect it may have on fees for users of services and whether it results in fewer motorists using unofficial sites. In such an evaluation it will be important for the Department to consider the effect of the scheme on unofficial operators and any unintended consequences for legitimate providers of value-added services. We also ask the GDS to provide specific details of its progress so far in identifying and alerting search engines to misleading websites offering services to motorists, and to report on what enforcement action has been taken against such sites. (Paragraph 33)

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THE VEHICLE DRIVER REGULATIONSTM

Drive Time®

Date 26/02/2015 Page 20 of 36 Issue 2.0

10.8.10) Sharing vehicle keeper data with parking enforcement companies  Protecting personal data is an issue that people feel strongly about and the DVLA needs do more to explain to the public the legal basis for its sharing of personal data and the steps that are being taken to deal with private parking companies and local authorities caught misusing parking data; the Government needs to ensure there is more transparency and better accountability on this issue. We recommend that the DVLA and Department for Transport consider whether each vehicle keeper should be told when their data is released and what more can be done to help target persistent repeat offenders. The Government needs to be mindful of the costs of any changes and we would expect it to consult widely on any proposals it brings forward, including how the costs of any such scheme could be met. (Paragraph 42)  The DVLA should not subsidise private parking companies by providing data at a loss, if anything it should err on the side of making a small surplus. As it reviews its fees and income, the DVLA should consider whether efficiencies can be made to reduce the cost of processing these requests. If not, the DVLA should adjust the fee for the provision of personal data to ensure costs are covered. The DVLA should make clear on its website how the costs are calculated. It should also consider whether the enhanced provision of information to drivers, as recommended above, could be financed through the fee (Paragraph 43) 10.8.11) Policy changes that increase reliance on the quality, accuracy and effective sharing of data  Interoperability of systems and the ability to share data with other agencies needs to be given a high priority by all the motoring agencies. The motoring agencies should think carefully about what data their users need, how this can be shared effectively and what safeguards need to be in place. They should assess policy changes to understand what impact they may have on data sharing. The need to share and exchange data needs to be balanced with the protection of personal data. (Paragraph 48) 10.8.12) Working with enforcement agencies  Offenders need to be caught and dangerous vehicles must be removed from the road network. An intelligence-led approach to enforcement that targets the most serious non-compliance and the repeat offenders depends on access to and the effective sharing of data. We view this as essential to reduce the likelihood of traffic accidents and save lives. The Department should drive forward a culture change in the approach to sharing data between the motoring agencies and their enforcement partners and should identify the steps that need to be taken to ensure data is accurate and can be shared in a timely way to support the work of the agencies and enforcement bodies. (Paragraph 53)

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THE VEHICLE DRIVER REGULATIONSTM

Drive Time®

Date 26/02/2015 Page 21 of 36 Issue 2.0

11) ENFORCEMENT AND SANCTIONS 11.1)

The police, VOSA, and Traffic Commissioners will carry out enforcement activity as they currently do for road traffic offences and LGV/PCV driver conduct and operator repute issues in GB. Current Northern Ireland enforcement bodies will continue to do so in NI. Sanctions for driving without a valid CPC will be aligned to those for driving other than in accordance with the terms of a driving licence. Employers who caused or encouraged driving without the relevant CPC could have their operator licence amended or revoked. There should be no significant resource implications for them from the transposition of this Directive.

11.2)

GUIDE TO GRATUATED FIXED PENALTIES AND FINACIAL DEPOSITS 11.2.1) This guide (accessed via the link) explains the current system of Fixed Penalties Notices (FPNs) and financial deposits which are issued for road traffic offences and includes:  the policy for road traffic offences  a list of offences  a list of penalty fine levels

11.2.2) The guide only offers general guidance and doesn’t provide legal advice. It reflects DVSA’s current enforcement policy and doesn’t apply to the police or other enforcement agencies.

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THE VEHICLE DRIVER REGULATIONSTM

Drive Time®

Date 26/02/2015 Page 22 of 36 Issue 2.0

12) THE GRADUATED FIXED PENALTY AND DEPOSIT SYSTEM 12.1) The fixed penalty system for vehicle-related offences has been used by police forces for a number of years. Fixed penalties provide an efficient, proportionate and direct way of dealing with a wide range of road traffic offences. The rights of individuals to challenge alleged offences in court are preserved, but the number of cases brought before the courts is still substantially reduced. 12.2) Each year over 3 million fixed penalty notices are issued by the police for motoring offences in Great Britain. The system is widely accepted by the motoring public and the Government is satisfied that it is fully compliant with human rights legislation. 12.3) The following is an overview of the changes and amendments made to the previous system. 12.4) VOSA examiners now have the power to issue fixed penalty notices. The use of fixed penalties by VOSA will be of great benefit as it will simplify the enforcement of offences and save time for all concerned – for VOSA, for the courts and also for those offenders who would be willing to accept a fixed penalty in lieu of prosecution in court (indications show the majority will be likely to do so). 12.5) The fixed penalty system before the changes was relatively inflexible: each offence had a single fixed penalty amount, irrespective of the severity of the offence. There is now the ability to graduate the amount of the fixed penalty depending on the circumstances or the severity of the offence. At this time the graduated approach is only being used in the case of offences connected with the operation of 12.5.1) Commercial vehicles, 12.5.2) Breaches of drivers’ hours rules, and 12.5.3) Overloading of vehicles. 12.6)

A significant change is that there is now an effective system for enforcing road traffic law in respect of non-UK offenders and UK offenders with no fixed abode. VOSA (and the police) can issue fixed penalties to non-UK resident and UK resident offenders, regardless of whether the offence is endorsable (i.e. if penalty points are to be endorsed on the driving licence/driving record); and request a financial penalty deposit from any offender who does not have a satisfactory address where they can be found in the UK.

12.7)

Such deposit payments may be either in respect of a fixed penalty or as a form of surety in respect of a fine where an offence is to be prosecuted in court. Alleged offenders can choose to contest the offence in court if they wish to do so.

12.8)

Alongside the Graduated Fixed Penalties and Deposits system, VOSA and the police were given the power to immobilise vehicles. This issued to overcome the problem of offenders ignoring a prohibition notice and driving off after VOSA or the police have left the enforcement site, and to deal with offenders who have not yet made, or have refused to make, a requested financial penalty deposit payment.

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THE VEHICLE DRIVER REGULATIONSTM

Drive Time®

12.9)

Date 26/02/2015 Page 23 of 36 Issue 2.0

VOSA will mainly use this system when dealing with commercial goods and passenger carrying vehicles, covering areas such as construction and use (brakes, steering etc) and drivers’ hours.

12.10) An authorised examiner can however deal with any vehicle on the road, and issue fixed penalty notice(s) if appropriate. 12.10.1) Fixed Penalty Notices will attract the penalties shown below:     

£50 fine, non-endorsable £100 fine, non-endorsable £200 fine, non-endorsable £300 fine, non-endorsable £100 fine, endorsable, three penalty points £200 fine, endorsable, three penalty points

12.11) Examiners will exercise their powers to issue graduated fixed penalties and deposit requirements in line with VOSA’s published policies, so that sanctions are applied consistently and fairly. An element of discretion will be required in certain circumstances, but this will be exercised in a proportionate and fair manner. Decisions will be proportional to the risks to individuals and to the wider public and to the seriousness of any breach. 12.12) Whilst this guidance is not legally binding on VOSA, their authorised examiners and administration teams, these practices will normally be adhered to unless there are persuasive reasons not to do so.

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THE VEHICLE DRIVER REGULATIONSTM

Drive Time®

Date 26/02/2015 Page 24 of 36 Issue 2.0

13) PRACTICAL TEST: COST IMPLECATIONS IDNETIFIED PRE-VEHICLE DRIVER REGULATION. 13.1)

The practical part of the test must last at least two hours, and is split into two parts: 13.1.1) a driving test lasting 90 minutes designed to test the driver’s ability to cope with varied driving conditions and environments, of which a maximum of 30 minutes can be on a top of-the-range driving simulator; and 13.1.2) a practical test lasting 30 minutes where the driver must show that he/she understands the practicalities of how to load the vehicle safely and keep it safe and how to deal with emergency situations.

13.2)

The first part of the practical test could be developed along similar lines to that of the existing driving licence acquisition test for LGV and PCV drivers, whilst the second part of the test could be developed along comparable lines to the ‘show me/tell me’ practical vehicle safety checks in practical tests for licence acquisition.

13.3)

The benefits to drivers and companies of option 2 over option 1 are: 13.3.1) The cost of the test would be much lower than the cost of 4, let alone 8, week’s minimum training. 13.3.2) The driver would be able to start work on revenue earning duties much sooner. 13.3.3) There are more flexibility for innovative learning solutions. 13.3.4) It links more easily with driver licence acquisition. 13.3.5) The environmental impact could be less in the absence of compulsory minimum training periods.

13.4)

The part of the CPC syllabus that is not in the syllabus for vocational licence acquisition concerns professional knowledge. These topics are highly suitable to address using modern objective computer-based assessments. They could also be taught in classroom or e-learning environments, and the Government would not wish to inhibit such developments.

13.5)

Additional costs to the LGV industry for adopting Option 2 could be around £21m annually. The additional costs to the PCV industry could be around £7m annually. These figures take account of: 13.5.1) Average wage loss (£350 per week PCV and £350 per week LGV) x 2 days 13.5.2) An additional two days34 training for the test @ £150 per day 13.5.3) Additional costs of the theory and practical tests (on top of current test fees) @ £94.5035 13.5.4) Cost of CPC documentation @ £2536.

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THE VEHICLE DRIVER REGULATIONSTM

Drive Time®

Date 26/02/2015 Page 25 of 36 Issue 2.0

14) PERIODIC TRAINING: COST IMPLECATIONS IDNETIFIED PRE-VEHICLE DRIVER REGULATION. 14.1)

All drivers must undertake 35 hours (five days) periodic training every five years in periods of not less than seven hours at a time. Drivers and companies have the flexibility of training as and when required over the five years, at times of their choosing. The Directive allows for training to be provided either in-house or externally. The content of training must link to the CPC syllabus, but can focus on individual needs and develop in line with scientific and technological changes.

14.2)

The annual cost to the PSV industry of providing one day’s training per year for 166,000 drivers could be around £42m assuming: 14.2.1) Average wage costs of £350 per week. 14.2.2) Training at a cost of £150 per day. 14.2.3) Approval of training (assume 300 training centres @ £1500 divided by 5 (over 5-year period = annual costs) and 600 courses (two per training centre, although some may offer more and some less) @ £250 per year. 14.2.4) £4 to update course records – (based on each driver attending 4 courses over 5 years). 14.2.5) £25 for driver qualification card.

14.3)

The annual cost to the LGV industry of providing one day’s training per year for 433,000 drivers could be around £109m assuming: 14.3.1) Average wage costs of £350 per week. 14.3.2) Training at a cost of £150 per day. 14.3.3) Approval of training (assume 1000 training centres @ £500 divided by 5 (over 5-year period = annual costs) and 2000 courses (two per training centre, although some may offer more and some less) @ £250) per year. 14.3.4) £5 to update course records – four occasions divided by 5 (over 5 year period).

14.4)

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Operators have advised the Agencies that many larger companies already invest in developmental training for their drivers, so the net cost of the periodic training requirement should be lower. Also, well-targeted training should produce substantial economic benefits for companies. The content of the periodic training could address efficiency and effectiveness issues, such as new technologies/developments, defensive driving techniques and customer care and health and safety, creating offsetting benefits. In particular, there is evidence that major savings in fuel consumption could be achieved by the adoption of an appropriate driving style, which would more than offset the estimated costs. £25 for driver qualification card

THE VEHICLE DRIVER REGULATIONSTM

Drive Time®

Date 26/02/2015 Page 26 of 36 Issue 2.0

15) INITIAL AND PERIODIC QUALIFICATION: DIRECTIVE 2003/59/EC SPECIFICATION OF 15 JULY 2003 15.1)

There are no EU-imposed rules regarding the length, type or duration of training undertaken to achieve the CPC. This Option relies upon the quality of assessment to confirm driver competence, and allows individuals and employers to develop their own training or adapt current practices. A driver must complete a total of 6 hours of theoretical and practical tests designed to test the driver’s knowledge, understanding and skills of the subjects in the CPC syllabus.

15.2)

The Directive does not require that the different parts of the test have to be taken on the same day or at the same location. It is feasible that one organisation could deliver the theoretical part of the test and another organisation deliver the practical part of the test, as happens with the driving licence acquisition test.

15.3)

Many of the subjects to be covered by the CPC test are also covered by the driving licence acquisition test. Although it is not formally benchmarked, the Agencies consider that the current test for vocational driving licence acquisition broadly equates to a level 2 standard33, although for a narrower syllabus than for the CPC.

15.4)

The establishment of the new community rules is aimed at ensuring that, by means of his or her qualification, the driver is of a standard to have access to and carry out the activity of driving.

15.5)

More particularly, the obligation to hold an initial qualification and to undergo periodic training is intended to improve road safety and the safety of the driver including when the vehicle is stopped. Furthermore, the modern nature of the profession of a driver should arouse young people’s interest in the profession, contributing to the recruitment of new drivers at a time of shortage.

15.6)

Licence holders who fall within scope of Directive 2003/59/EC 15.6.1) the training Directive 2003/59/EC applies drivers offering services for hire or reward 15.6.2) All licences refers to drivers of lorries, bus and coach in equal measure, 15.6.3) Licences C, C+E, C1, C1+E refers to Lorry drivers only, 15.6.4) Licences D, D+E, D1, D1+E refers to Bus and Coach drivers only,

15.7)

Objective 1: Raise awareness of training Directive 2003/59/EC list of learning subjects (Annex 1).

15.8)

Objective 2: Communicate knowledge requirements of regulations and rules, to the drivers who will be affected by the training directive, in a format that is conducive to their personal learning style.

15.9)

Objective 3: Test ability, application of awareness and knowledge post training intervention in a workplace setting. Repeat process periodically.

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THE VEHICLE DRIVER REGULATIONSTM

Drive Time速

Date 26/02/2015 Page 27 of 36 Issue 2.0

16) ADVANCED TRAINING IN RATIONAL DRIVING BASED ON SAFETY REGULATIONS DIRECTIVE 2003/59/EC SPECIFICATION OF 15 JULY 2003 16.1)

Knowledge requirements: Application of regulations. All Licences 16.1.1) Objective 1a: to know social environment of road transport and the rules governing it, 16.1.2) Objective 1b: to know the technical characteristics and operation of the safety controls in order to control the vehicle, minimise wear and tear and prevent disfunctioning.

16.2)

Knowledge requirements: Lorry Drivers 16.2.1) Objective 1c: to know the regulations governing the carriage of goods. 16.2.2) Objective 1d: to know the economic environment of road haulage and the organisation of the market

16.3)

Knowledge requirements: Bus and Coach Drivers 16.3.1) Objective 1e: to know the regulations governing the carriage of passengers. 16.3.2) Objective 1f: to know the economic environment of the carriage of passengers and the organisation of the market.

16.4)

Raise awareness of Health, road and environmental safety, service, logistics. All Licences 16.4.1) Objective 1g: Raise awareness of the importance to maintain physical and mental ability, 16.4.2) Objective 1h: Raise awareness of the responsibilities of the driver to control and manage risks associated with driving, loading, unloading, training and self development so they may contribute to reducing accidents at work and on the public highway.

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16.5)

Date 26/02/2015 Page 28 of 36 Issue 2.0

Demonstrate ability: All Licences 16.5.1) Objective 1i: The driver must be able to demonstrate they have ability to prevent physical risks to themselves and others within their area of responsibility. 16.5.2) Objective 1j: The driver must be able to demonstrate they have ability to assess an emergency situation and take action to prevent harm to self or others. 16.5.3) Objective 1k: The driver must be able to demonstrate they have ability comply with security checks and procedures to prevent criminal trafficking in illegal immigrants. 16.5.4) Objective 1l: The driver must be able to demonstrate they have ability to adopt behaviour to help enhance the image of the company. 16.5.5) Objective 1m: The driver must be able to demonstrate they have ability to optimise fuel consumption.

16.6)

Demonstrate ability: Licences C, C+E, C1, C1+E 16.6.1) Objective 1n: The driver must be able to demonstrate they have ability to load the vehicle with due regard to safety rules and proper vehicle use.

16.7)

Demonstrate ability: Licences D, D+E, D1, D1+E 16.7.1) Objective 1o: The driver must be able to demonstrate they have ability to ensure passenger comfort and safety. 16.7.2) Objective 1p: The driver must be able to demonstrate they have ability to load the vehicle with due regard to safety rules and proper vehicle use.

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THE VEHICLE DRIVER REGULATIONSTM

Drive Time®

Date 26/02/2015 Page 29 of 36 Issue 2.0

17) DRIVING AT WORK 17.1)

Managing work - related road safety

17.2)

Health and safety law applies to work activities on the road in the same way as it does to all work activities. You need to manage the risks to drivers as part of your health and safety arrangements. The link suggests ways you can do this.

17.3)

Effective management of work-related road safety helps reduce risk, no matter what size your organisation is. It could also result in, for example:   

fewer injuries to drivers reduced risk of work-related ill health reduced stress and improved morale

17.4)

The information mainly applies to any employer with employees who drive (or ride a motorbike or bicycle) at work. It also applies to those using their own vehicle for a work-related journey. It will be particularly useful to those responsible for fleet management. Employees and their safety representatives will also find it helpful.

17.5)

Managing the risks 17.5.1) While employers cannot exercise the same control over hazards to employees when they are driving or riding on the road as in the workplace, there are practical steps they should take to reduce the risks. 17.5.2) Work-related road safety can only be effectively controlled if it is integrated into arrangements for managing health and safety at work. For example, an employer should take account of the total number of hours worked, and not just the number of hours spent at the wheel, when planning driving schedules.

17.6)

Occupational Safety and Health of Road Transport Drivers. The road transport sector includes;    

Lorry and van, Taxi drivers and chauffeurs, Bus and coach drivers Bicycle and motorbike delivery services.

17.7)

Managing occupational safety and health risks to drivers in the road transport sector can be challenging because drivers work alone, away from their base, and have to contend with traffic danger in addition to many other risks that are difficult for them to control. But risk management measures can be successful if they take account of how the sector operates in practice, as well as the characteristics of drivers themselves and the way they work.

17.8)

Training Drivers. The law obliges employers to consider the health and safety capabilities of people when they give them tasks to do, and to ensure that they are properly trained before being exposed to risks in the workplace. It is recommended that the same or higher standards are applied to workplace drivers as are applied to those allowed to drive on public roads:

17.9)

Driver competence. Check your selection and training procedures.

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THE VEHICLE DRIVER REGULATIONSTM

Drive Time®

Date 26/02/2015 Page 30 of 36 Issue 2.0

18) INITIAL TRAINING: THE HEALTH & SAFETY EXECUTIVE OVERVIEW. 18.1)

Key messages 18.1.1) Every driver, particularly younger or less experienced drivers, should be instructed to drive and to carry out other work responsibly and carefully. 18.1.2) By law, employers must give employees adequate training to ensure health and safety: 

When they join the company; and



When they are exposed to new or increased risks in the workplace.

18.1.3) Where possible, employers should tailor training to the worker's individual needs. 18.2)

Questions to ask

18.3)

When you plan training for new drivers and operators, ask yourself: 18.3.1) What experience do they have of the vehicles they will use? 18.3.2) What work will they be doing? 18.3.3) What are the recognised standards and qualifications for driving or operating the vehicle they will use? 18.3.4) How much training do they need? 18.3.5) At what level?

18.4)

The answers can help you decide how much training each worker needs, and at what level.

18.5)

Drivers often need many more skills than simply controlling a vehicle when it is moving. Many vehicles used in the workplace have specialised attachments, and there are other skills to learn about, for example, loading, unloading, trimming, and sheeting.

18.6)

Training in safe working practice should also highlight the risks of unsafe working, such as: 18.6.1) Driving too fast; 18.6.2) Turning too sharply; and 18.6.3) Driving on unsuitable ground or slopes.

18.7)

Training records 17.7.1) Keep training records for each employee on a central register. These records should include:  Name;  Training history;  Training needs;  Planned training; and  Details of the vehicles that the person is competent to operate

18.8)

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Refer to these details regularly, and especially when you change any vehicles or ways of working.

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Date 26/02/2015 Page 31 of 36 Issue 2.0

19) TRAINING DRIVERS (Introduction) 19.1)

The law obliges employers to consider the health and safety capabilities of people when they give them tasks to do, and to ensure that they are properly trained before being exposed to risks in the workplace.

19.2)

It is recommended that the same or higher standards are applied to workplace drivers as are applied to those allowed to drive on public roads: 19.2.1) With a few exceptions, people in the UK must be aged 17 or older, and have passed a driving test. 19.2.2) Drivers of large or heavy goods vehicles must, with certain exceptions, be aged 21 or over and have passed the appropriate test. 19.2.3) It is important to stress to drivers the risks of unsafe working (such as driving too fast, turning too sharply, or driving on unsuitable ground or slopes). 19.2.4) Every driver, and particularly younger or less experienced drivers, should be instructed to drive and to carry out other work in a responsible and careful manner.

19.3)

Choosing drivers 19.3.1) Drivers should be capable of operating the vehicle and related equipment safely, and should receive instruction and training as appropriate. 19.3.2) Drivers will need a mature and reliable attitude to be capable of performing their duties responsibly and carefully. 19.3.3) Employers, managers etc. should never allow anyone who is unfit through drink or drugs to drive any vehicle. 19.3.4) Where the workplace has contractors or visiting drivers, the site operator or principal employer should check they are competent to carry out their duties responsibly and carefully, for example by obtaining evidence of capability from the drivers or their employers.

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19.4)

Date 26/02/2015 Page 32 of 36 Issue 2.0

Training drivers 19.4.1) It is essential to check what experience individuals have of the vehicles they will be using and the work they will be doing and, where appropriate, to check that the information they give is true, for example, employers will usually need to check that references to training schemes etc are supported by certificates. 19.4.2) It is likely that training will need to cover:  

 

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General information about the job, for example route layouts, or how to report risks or accidents Training and/or checks to ensure that people can work safely. For a driver this is likely to include o Making sure they know how to operate the vehicle safely o Information about particular dangers, speed limits, parking and loading areas and procedures etc. o It may be necessary to test trainees on site, even when they produce evidence of previous training or related work experience. Always check that trainees understand what they have been advised. Information about how supervision and penalties will be applied. An ongoing programme of training and refresher training will usually be necessary for all drivers and other employees, to ensure their continued competence in a changing workplace. Keep training records for each employee. Consider keeping a central register of whom in your workplace is competent to control which vehicle. This will make safely allocating tasks and keeping track of abilities much easier.

THE VEHICLE DRIVER REGULATIONSTM

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Date 26/02/2015 Page 33 of 36 Issue 2.0

20) NATIONAL STANDARDS FOR DRIVING AND RIDING 20.1)

The standards set out what it takes to be a safe and responsible driver and rider and provide training to drivers and riders.

20.2)

Car and light van 20.2.1) The standard sets out what you must be able to do and what you must know and understand to be a safe and responsible car and light van driver. The syllabus sets out a way of teaching people that knowledge and those skills.

20.3)

Moped and motorcycle 20.3.1) The standard sets out what you must be able to do and what you must know and understand to be a safe and responsible moped and motorcycle rider.

20.4)

Lorry 20.4.1) The standard sets out what you must be able to do and what you must know and understand to be a safe and responsible lorry driver.

20.5)

Bus and coach 20.5.1) The standard sets out what you must be able to do and what you must know and understand to be a safe and responsible bus and coach driver.

20.6)

Driver and rider trainer 20.6.1) The standard sets out what you must be able to do and what you must know and understand to provide training to drivers and riders.

20.7)

Developed driving competence 20.7.1) The standard sets out what you must be able to do and what you must know and understand to show developed driving competence.

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THE VEHICLE DRIVER REGULATIONSTM

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Date 26/02/2015 Page 34 of 36 Issue 2.0

21) DRIVE TIME® : PROFESSIONAL DRIVER TRAINING SOLUTIONS Mobility and Transport: Vehicle Drivers (Certificate of Professional Competence) Level 5: Leadership and Learning Options SFL Certificate to work

- Drive Time Initial and Periodic learning process + HSE48 Reducing error and influencing behaviour -

Penalty Guidance

INDG275 Plan – Do – Check - Act

+ Education and training policy - Learning framework - Vehicles at work - User organisation website access - Delivery agent contact mail address -

Education & Training gap analysis

Management and Leadership standards

+ Road Safety policy - Feedback and reporting - Case studies -

Driving at work: Risk profile

Working capital record

Income and expenditure record

Contract types and payroll

Time and Skills management record

Personal Learning Record

Human Resource

Project End Project: National Driving Standards for Driving and Riding & Enforcement of Regulations - EU Road Safety Policy + Education and training Policy - The Vehicle Drivers (Certificate of Professional Driving) Regulations 2007 - National Standards and Syllabus - Roadside checks for commercial vehicle drivers - DVSA Enforcement sanctions policy - Driving Goods Vehicles suite of standards - Passenger Carrying Vehicles suite of standards - Road Passenger Vehicles suite of standards Project End

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THE VEHICLE DRIVER REGULATIONSTM

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Date 26/02/2015 Page 35 of 36 Issue 2.0

Mobility & Transport: Professional driver Certificate of Professional Competence (CPC) SFL Certificate to work

- Drive Time Initial and Periodic syllabus and training process + Persons who must take an initial CPC test -

Penalty Guidance

Records of periodic training

+ 16+ Personal Learning Record - Education and Training Policy - People safety - Managing road safety - Enforcement policy - Human Resource centre - Outcome levels - Driving licence information + 16+ Statutory wellbeing requirements - Eyesight rules - Medical and disability rules - The Laws relating to vehicle use - Occupational risks in the road transport sector + 16+ Offences for driving without a CPC - If a person who does not comply with regulation is guilty of an offence If a person who causes or permits another person to drive a relevant vehicle on a road in breach of regulation is guilty of an offence. If a person guilty of an offence under this regulation shall be liable upon summary conviction to a fine not exceeding level 3 on the standard scale. - Guide to graduated fixed penalties and financial penalties + 16+ Level 1: Basic learning – Vehicle information - Working time - Initial training – References and useful links - Driver competence - Managing time, self and personal skills - Time and Skills management record - Contract types and payroll - Job specification and occupational standards - Environment management - Vehicle management - Load safe - Safe and economic driving + Level 2: Specified learning - Vehicle safety - Cycles - Moped/Motor cycles - Car/small van - Lorry - Bus /Coach + Level 3: Advanced learning - Manage your own resources - Ensure health and safety requirements are met in your area of responsibility - Promote the use of technology within your organisation - Manage the environmental impact of your work - Manage finance in your area of responsibility - Monitor your own periodic training

Project continued on next page

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Date 26/02/2015 Page 36 of 36 Issue 2.0

Vehicle Driver Certificate of Professional Competence (CPC) SFL

+ Level 4: Specialist and Periodic learning - Conditions for working in the transport profession - Plan learning to meet personal and business objectives - Effective time and revenue management - Efficient auditing of working conditions - Review actions against conformity requirements + Support for Professional development: Funded learning - Further education and skills training. Improving Quality - Qualifications information guide - Qualifications: Simplified funding rates, 2014 to 2015 - Professional and Career development loans

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NOTE The DVLA does not have responsibility for licensing lift truck operators (provided they do not drive lift trucks on public roads). Mobile Plant There are no government-issued licences for vehicles at work. The law requires that each operator is given adequate instruction and training by their employer so that they are competent to operate the machinery which they use (the Provision and Use of Work Equipment Regulations 1998; regulation9). Driving Licences Driving a car, lorry or bus/coach, and operating mobile plant are very different tasks, although they use some of the same skills. There is no legal requirement for plant operators to hold a road driving licence unless they wish to drive their vehicles on the public highway. All plant driven on the public highway must comply with the appropriate road traffic legislation. See references and useful links. Authorisation, records and citification Following satisfactory completion of instruction and training, the employee should be given written authorisation to operate the type or types of vehicle for which all three elements (Basic, Specified and advanced) instruction and training have been successfully completed. While there is no legal requirement for certificates of basic learning to be issued, they are strongly recommended as a useful, practical means of providing documentary evidence of relevant instruction and training having taken place and an appropriate level of operating ability having been attained. Feedback and service issues We welcome your comments and feedback. Additionally if you wish report service issues click here.

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