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. 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. 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. They welcomed the delivery of courses digitally during the coronavirus emergency and hoped this would allow a move to a permanent situation. 143 responses were received to this question with 90 of respondents agreeing with our proposal. hoogtepunten van de CPC Loop 2020 - OMROEP WEST. Is either measure preferable, and if so why? Topical news, feature articles and compliance updates to keep you up to date with the industry's stories. 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. While the measure in the Directive appeared less burdensome, given it did not include the need for training, there was a concern that it would be more complex to apply and enforce. The matter should be the start & finish points, not the distance involved.’. en Haag was zondag in de ban van de. National Council Code of Conduct. Whilst they did not support the wholesale mirroring of exemptions, it was sensible for exemptions affecting the same driver population to match. 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. Bylaw for the Recognition of Conservative Campus Organizations . 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.’. 137 responses were received to this question with 107 agreeing with our proposal. We’d like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. There were a variety of comments from some of the larger organisations to the idea of greater flexibility. After carefully considering all the comments made, the government has decided to incorporate these changes to the course requirements. Short title, commencement and extent- (1) This Act may be cited as the Code of Civil Procedure, 1908. 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. 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. Do you mean before they can start to drive (provisionally) a heavier vehicle?’, ‘Yes. More info. Question 7. Considering a job in the logistics & warehousing sector? NFU(S) felt that any recording of driving should be proportionate and not impose an undue burden. The regulation permits an empty C, C1, D and D1 vehicle to be driven within 100km radius of the driver’s base, providing the vehicle is being driven by a person whose principal activity is not driving these vehicles. Question 15. Code of Conduct for Volunteers, EDA staff, and campaign staff. Question 17. In accordance with our international obligations and to provide the same flexibility for UK drivers when travelling to Switzerland, the government has decided that the UK will continue to recognise the Swiss Driver CPC qualification. They agreed that training should reflect an organisation’s needs and not be imposed through a rigid syllabus, allowing the employer to choose the course content or the individual if they were self-employed. FTA, SMMT and John Lewis proposed 2 years, as did CPT with the possibility of one and two-year approval options. SMMT felt that the length of holding a licence was the better option, which was consistent with motorcycle licensing. 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. However, there must be a maximum radius from base restriction included.’ Another stated ‘Yes with no range restrictions, it’s a free market in the UK and I imagine we might want to encourage temporary import of such vehicles from our neighbouring countries too.’, Of those that disagreed ‘No. Bureau Report Published January 30, 2020 PESHAWAR: The Khyber Pakhtunkhwa governor has promulgated an ordinance for deferring till April 15 the enforcement of recently made amendments … Eight of online respondents asked for their response to be treated as confidential. Rules and Procedures for the Conduct of National Council Business 2020. One issue on which clarity was sought was the phrase “non-commercial”. CTA had no particular views but noted that the physical driver card is useful for verifying identity and any roll out of electronic record must be linked to a driving licence check for enforcement officers and other agencies, such as employers, trainers and Employment Agencies. 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. ‘No - for example, consider a mechanic, having taken a replacement vehicle out and returning with a repaired vehicle. The amendments to the CPC program make it a more competitive platform for growth companies and are expected to contribute to renewed interest in the CPC program by market participants. 180 responses were received to this question, with opinions ranging from creating a unique logbook to record the time, using drivers hours legislation, tachograph records or having the information recorded on the Driver CPC card. The full court approved the proposal to implement the amendments with effect from November 1, 2020. 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. They suggest these drivers having an exemption from the PSV Driver CPC as this syllabus does not accurately reflect the operation of these vehicles. Pleadings under CPC are considered to be the main spine of every civil suit that is filed. Bylaw for the Recognition of CPC Affiliated Organizations. Under the New CPC Policy, the Company is permitted to implement certain other changes from the Former Policy without obtaining shareholder approval. ALBUM supported this suggestion, believing it to be a proportionate way to ensure road safety. FTA welcomes Driver CPC amendments that recognise that every driver is different, Commission’s report downplays freight’s lifeline for Wales, says FTA. It would also increase travel costs. So this would not prevent a vehicle being tested loaded which concerns the SMMT. 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) were in favour provided there were sufficient safeguards regarding drivers’ identity with clear guidelines. 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. A number of the larger representative bodies were in favour of the change, which would provide clarification of the position. As part of the consultation, we told recipients that, at the end of the consultation period, we would publicise some of the responses received in the response to consultation report unless the respondents made clear that their responses were to be treated as confidential. 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. On December 1, 2020, the TSX Venture Exchange (the TSXV) announced changes (the Amendments) to its Capital Pool Company (CPC) program, to become effective January 1, 2021. LAHORE, (UrduPoint / Pakistan Point News - 12th Sep, 2020 ) :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.. Bus operators should be able to recruit from anywhere as long as they meet UK standards. It would be necessary to retain a requirement to prove compliance through Driver CPC or Code 95 for non-UK drivers. Of those that agreed one commented ‘Yes - incorporate into UK law. Specifically, the TSXV noted that the Amendments should: Provide flexibility by easing residency restrictions and simplifying spending restrictions; After carefully considering all the views expressed, the government has decided to incorporate this exemption into UK law. Question 9. They welcomed splitting the 7 hour period over 2 days, allowing flexibility on delivering training to meet operational requirements, and agreed that the e-learning training period should be limited to a 12 hour period. NFU and NFU(S) were opposed. Of those who expressed an opinion, there was a majority in support of continuing to recognise Swiss Driver CPC. 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. If so what time period do you consider should be adopted? FTA commented that driving and working time should both be recorded for relevant drivers. 158 responses were made to this question, 89 had no comments. A number of the larger organisations were in favour, provided there were safeguards. 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 … The amendment exempts lessees … Others were not aware that Switzerland utilised Driver CPC and some respondents were did not agree that we should recognise the Swiss qualification. 125 responses were received to this question with 83 agreeing with our proposal. 1. 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. SMMT did not consider guidance to be necessary. 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. CTA felt that it was premature to publish worked examples until guidance following a judicial review in 2019 was issued. Ministers have taken into consideration all the comments made. 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 larger organisations suggested various periods. 192 responses were received to the online consultation, along with 26 other submissions, including from road haulage and public transport associations, road safety bodies, vocational driver training associations, vehicle manufacturers and other road transport professionals. ALBUM believed this to be a proportionate approach. Do you agree we should implement this exemption? FTA supported the continued application of the existing derogation in GB for alternatively fuelled vehicles up to 4.25t. ALBUM considered that, where consideration for operation was made, in cash or other benefits, a Driver CPC should apply. If not how should a rural area be defined and why? No. On 18 March 2020, DfT and DVSA published an online consultation on amendments to Driver CPC, which ran until 29 April 2020. These Regulations may be cited as the Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2020 and come into force on 22nd July 2020. FTA accepted the implementation of this. They recommended including this issue in a review in 2023. Do you have any comments on the recognition of Swiss Driver CPC? RECENT AMENDMENTS IN CPC. The government has decided that a maximum radius should not be set out in UK law with this exemption. A robust and enforceable definition of ‘rural’ would be required to introduce this exception as whether a driver was committing an offence or not would turn on it. JAK. 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. Question 4. November 4, 2020 . 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. 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. Bus users supported the use of e-learning, which was now commonplace and this arena should not be different. Code of Civil Procedure (Amendment) Act 2002 “Justice delayed is Justice denied” - William E Gladstone. The statistical analysis includes replies from all respondents who indicated whether or not they supported each of the proposals. The Freight Transport Association (FTA) had been seeking clarity on this issue, surrounding exemptions for section 19 and 22 permit holders, in view of advice that had been issued which had deviated from the previous understanding. Act Year Modification or Addition Brought In Which Party in Central/State Government 1 The … 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. 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? NFU(S), felt it would reduce administrative burden and associated cost. 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. 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.”. The directive will be implemented as soon as possible. It will take only 2 minutes to fill in. Do you agree that the amendments to Annex 1 should be incorporated into current training programmes? 87 responses were received 74 of which agreed that some examples would be useful. It was appropriate and proportionate to take such training into account. Tuesday 28 July 2020. This issue was well understood across the industry. 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. 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. The definition in drivers hours guidance offers a clarification which would seem to apply here. In addition, the Amendments will increase the aggregate cap on the amount of capital that can be raised by a CPC from $5 million to $10 million allowing founders to form larger CPCs with a greater pool of venture capital available for emerging companies that are seeking to list on the Exchange. SMMT felt this was consistent with the future direction of compliance enforcement. Bylaw for the Revocation of EDA Recognition by the National Council. They stressed the need for support for trainers during the transition and that remote trainers should not be disadvantaged, expressing concern about e-learning for communities with poor broadband; it was important there were alternatives. Amendments to Driver CPC regulations 7 Jul 2020 Published on 30th June the response to a consultation on improvements to the Driver Certificate of Professional Competence (CPC). We are grateful for comments on this proposal. 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. Two major amendments were made in the year 2002 and 2015 to meet new challenges. Don’t worry we won’t send you spam or share your email address with anyone. The Registration (Punjab Amendment) Act. Another considered ‘No it should be UK wide everywhere or nothing’. 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. SMMT also expressed support. Of the larger representative bodies, the Confederation of Passenger Transport (CPT), The Community Transport Association (CTA), the Association of Local Bus Company Managers (ALBUM) were in favour of the proposal. How could less than 30% of the rolling monthly time be recorded and evidenced to show that driving was not the principal activity? 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. They considered the training in animal welfare was compulsory and relevant to their role as drivers. 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.’. Hon'ble Revenue Minister … Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. Question 16. They considered that any investigations or enforcement activity against drivers who may have been in breach of this requirement should be suspended. NFU agreed to the amendments to the Directive. 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: 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. Please also note that all percentages have been rounded up or down to the nearest whole number. Amendments to … So yes we need to have the Driver, ‘I believe both measures should be adopted, however, in the interests of this document and the need to choose, I would suggest extra and ongoing trading would probably help in road safety more.’. 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). Do you agree with our intention to incorporate this into UK law? The overall reaction to most of our proposals was positive. We will now take forward developing those examples, taking into account comments made in responses to the consultation. On-road driving experience is the way most higher-order cognitive skills related to driving (eg hazard perception) are developed and maintained.’, ‘Training is preferable, the time a licence is held for does not equate to training or experience of driving larger vehicles.’, ‘Out of the 2 choices, the option in question 8 would be preferable over the option in question 9. 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. Question 8. 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. 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. This consultation set out proposals to implement EU Directive 2018/645 EC in domestic law. This is a bad and ridiculous idea. FBHVC felt that this issue affected vehicle classification, for example, where it was “historic” and, for bus museums, the legal regulation of travel services provided. No changes were made to the CPC Scheme, Definitions, or Concordance. FTA supported the proposal. 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 on 22 July 2020. endobj 4. We consider that it is sensible to include in guidance a definition of this which is consistent with that used in other transport regulations. 174 responses were received to this question online with 126 agreeing with the proposal. FTA accepted the implementation of this amendment and noted that the Directive matches the same exemption in drivers hours rules. Do you agree that we should retain our current arrangements and not change the UK law? Bus users considered a maximum period, rather than a fixed one, should be set. DVSA has indicated that it will next examine the continued use of distance learning in Driver CPC in September. For the sake of clarity, the amendments are presented in conjunction with the stage of litigation they correspond to.. Sl. They considered e-learning a supplement to learning and not a full replacement. 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. The existing exemption for a vehicle undergoing road tests for mechanical, repair or maintenance purpose or the driver of a new or rebuilt vehicle which has not yet been put into service is not changed. They recommended a simple approach. Effective February 16, 2021, corrections were made to resolve issues with administrative transfers in association with C-Sets of RP0707 (B22F). 30% of a 3 month rolling period (rather than 1 month) may even out peaks and troughs. There should be clear guidelines and drivers should have a choice of trainer. Question 11. (2) It shall come into force on the first day of January, 1909. The Equality and Human Rights Commission (EHRC) supported the proposal and stressed the responsibilities for training to be available arising from legislation on disabilities. 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. The FTA, whilst accepting this amendment, were concerned about possible abuse; it would be necessary to establish an enforcement strategy to mitigate potential risk. They supported further flexibilities in minimum training delivery times. Of those who disagreed one respondent stated ‘The exemption should be removed as we have come across many mechanics who road test loaded vehicles and drop goods off at a customer on the way back to the depot’. 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. 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. TSX Venture Exchange Publication, "Capital Pool Company brochure" (2020). 108 people agreed with our proposal. The following corrections or amendments were approved by the Joint Editorial Board (JEB) after publication of the respective projects. One respondent stated ‘Certainly would. Question 13. 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. DVSA will now consider practical ways that electronic enforcement could be introduced in the future. Following your views we are making changes, which include: Question 3. They considered it important to ensure that the same 7 hour training module could not be completed 5 times to meet the 35 limit. Do you agree with our intention to incorporate this exemption into UK law? CTA, CPT and SMMT were also in support. New Delhi: Farmers from Punjab and Haryana have been agitating at the Singhu border between Delhi and Haryana for a week now. 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. FTA supports, shapes and stands up for safe and efficient logistics, and is the only business group which represents the whole industry, with members from the road, rail, sea and air industries, as well as the buyers of freight services such as retailers and manufacturers whose businesses depend on the efficient movement of goods. Would practical examples clarifying whether Driver CPC is needed in certain circumstances under the amended exemption help in understanding the law? 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. The pleadings that are filed can be in the plaint or written statements form. S. No. “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. They felt that enforcement should be by investigation and it would be useful if DVSA provided guidance for operators and drivers on recording where this definition is used. CPC Amendments  Omitted by Act No. However, in view of the legal difficulties outlined above it is not possible to implement the exemption at this time. Sh. 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). SMMT were in favour of this option. [153A. All content is available under the Open Government Licence v3.0, except where otherwise stated, Professional driving of lorries, buses and coaches, nationalarchives.gov.uk/doc/open-government-licence/version/3, Coronavirus (COVID-19): guidance and support, Transparency and freedom of information releases, an exemption for maintenance personnel driving category D and D1 vehicles, dropping the ‘personal use’ phrase from exemptions for non-commercial, an exemption for certain drivers in rural areas, an exemption for drivers in some industries, views on alternatively fuelled C1 vehicles being driven on a category B licence, a definition of driving as a principal activity, amendments to the delivery of periodic training, the driver makes the journey for their own purposes eg in connection with a hobby and not to earn income. NFU observed that this was required under drivers hours rules. NFU felt that driving by farming undertakings would be incidental in nature and the 30% limit of driving time would have the effect of limiting the distances travelled. Question 14. We use some essential cookies to make this website work. However, there was concern about the continued life of the derogation. They welcomed the clarity from the EU on this specific issue and expressed their support for the proposal. Comments on this question included ‘Limit should be on hours driven per annum, with a maximum in any month.’ ‘Yes, stick to the other radius’s currently being utilised to make it less complicated.’ And SMMT suggested tachograph records as the best solution without adding an administrative burden. Settings and improve government services cpc amendments 2020 lorry Driver CPC since its inception 2008. Issue and expressed their support for the exemption to be included are however... Start & finish points, not the driving licence those that agreed one commented ‘ -. 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