First Driver and Operator Prosecuted for Lack of Driver CPC

In what is believed to be the first case of its kind, a driver and operator have been prosecuted for not having the appropriate Driver CPC.

In February this year, police officers from Transport for London's HGV Task Force pulled over a driver operating in the city on behalf of Surrey-based haulier, Dave Mundy Strip-Out. The driver was properly licensed for his class of vehicle but had failed to take the initial mandatory Driver CPC modules, as he was required to do after having passed his test in the latter part of September 2009.

The driver was fined £400 for the offence, while the operator picked up £2,300 in fines and fees after being found guilty of this and a further two offences #&8211; namely operating a truck without a height indicator and without an O-licence.

The Transport for London task Force (TfL) comprises staff from TfL, officers from the City of London and Metropolitan police forces and staff from the DVSA (the new body combining the DSA and Vosa). The task force has so far stopped 1,500 HGVs and issued more than 400 fixed-penalty notices. Steve Burton, director of enforcement at TfL, welcomed news of the prosecution as 'a great result' and highlighted the importance of the task force's work against non-compliant drivers, operators and vehicles.

Drivers who gain their vocational licence before September 10, 2009 are considered to have 'acquired rights', which means they don't have to complete the necessary 35 hours of approved periodic training until September of this year.

The prosecution highlights an issue with the Driver CPC system. Drivers can obtain their HGV licence by taking modules one and three only. They will then be issued with a valid HGV licence by the DVLA in Swansea. In order to legally drive professionally, however, any driver coming into the industry after 10 September, 2009 also needs to complete modules two and four in order to obtain their initial Driver CPC. Not all training providers offer the full range of modules and this is leading to confusion. Already drivers are being reported as having turned up to take their periodic Driver CPC training without holding the initial Driver CPC qualification. When this was pointed out, the drivers concerned were unaware that they required it.

The Driver CPC scheme is a well-meaning piece of legislation which intended to ensure that drivers keep up to date with training and become better and safer drivers. It is also designed to give the haulage industry a more professional image and attract a better quality of candidate into the industry. There is no doubt, however, that it will experience a certain number of teething problems. The difference between pre- and post-September 2009 regulations is confusing to many and the concept of acquired rights is not well understood. Many in the industry are predicting a real rush between now and September, as these acquired-rights drivers rush to get their periodic Driver CPC training up to date before the deadline. Some observers are predicting a real shortage of training places as figures emerge to suggest just how many drivers have still to complete, or even start, this training. If true, there is the real possibility of drivers being off the road until their training is completed.