DRIVER CPC (DCPC) info for those that may need it

[ROG.]

DRIVER CPC (DCPC) info for those that may need it

 

It seems some on here may need the newish (Sept 2009) driver cpc to continue driving LGVs commercially after 09/09/2014 so I thought you might like to know the rules.

 

The driving licence and the DCPC are totally separate issues so not having the DCPC does not mean a loss of the licence – it means that the licence cannot be used to drive LGVs commercially.

The Operator CPC and the Driver CPC are separate issues and one cannot be used towards the other unless those doing an Operator CPC course have that course DCPC approved for X amount of DCPC hours.

 

The DCPC will be required for almost every commercial LGV driver (drivers of vehicles over 3.5 tonnes GVW) but there are some exceptions.

Vehicles under 3.5 tonnes using a trailer which takes them over 3.5 tonnes combined weight do not come under DCPC but may come under EU tacho regs and/or ‘O’ licence regs.

 

When this was first introduced I made an in depth study into all aspects of it from the INITIAL DCPC to the PERIODIC DCPC.

 

The INITIAL DCPC is for those who want to drive LGVs commercially and did not have any LGV entitlement on their licence on 10/09/2009.

Pre 1997 car licence holders did have LGV C1 so are exempt from taking the INITIAL DCPC.

I will not expand further on this unless specifically asked to.

 

The PERIODIC DCPC is the one which will affect the majority for the whole of their commercial LGV driving careers because it is an ongoing requirement.

 

After 09/09/2014 every commercial LGV driver will be required by LAW to carry a DQC (driver cpc card) at all times when driving LGVs commercially unless they fit into an exemption.

Until 09/09/2014 those who had any LGV category on 10/09/2009 will have acquired/grandfather rights and also have a ‘GHOST’ DQC (driver cpc card)

 

The 35 hours is not 7 hours per year in the UK but is 35 hours within a 5 year period.

When all 35 hours are completed AT ANY TIME during the 5 years the driver gets a new DQC (driver cpc card) dated 5 years from the end of the current one or in the case of those with acquired/grandfather rights it will be 5 years from 09/09/2014 making an expiry date of 09/09/2019.

 

There are no tests or exams to be passed – each course just requires the attendance of the driver along with their driving licence.

 

The legal responsibility to get the 35 hours of DCPC falls on the driver and not the employer which is why so many LGV (and PCV) drivers are opposed to this.

 

The DCPC cannot be scrapped by the UK Govt as it is EU law so would require many EU states to make changes but in saying that, the UK Govt do have flexibility as to HOW it is implemented in the UK.

 

The 35 hours are usually done in blocks of 7 hours but can be split into 3.5 hours blocks as long as 2 X 3.5 hours blocks are done within a 24 hour period.

That 24 hour period is often relaxed a little and allowed to be over 2 days.

 

A simple exemption from DCPC could be this:-

A driver goes to the job, spends all day cutting down trees, loads them and then drives back to a place where they offload them.

The driver has only used the LGV for a very short part of the shift as a tool to move the wood so that does not make driving the main part of their job.

If that same driver was to then make a short distance delivery to a customer then they would not be exempt as that would be delivering goods.

 

The DSA set up (a Quango?) called JAUPT to oversee the PERIODIC (not initial) DCPC.

Virtually anyone can set up as a DCPC provider but it means paying JAUPT money to be one (renewed every 5 years) and for each approved course (renewed every year).

An approved DCPC trainer must work for an approved DCPC provider so the hours done by drivers can be counted and uploaded to the DVLA database.

A certificate of attendance should also be provided by the provider.

 

A driver may check on what DCPC hours are already on the DVLA database

Send an e-mail to [email protected] or call 0191 201 8112 (DSA DCPC hotline)

Include;

A request for a statement of periodic training to be posted to your home address

Name

Date of Birth

Driver licence number

Home address

 

Unless a DCPC approved course is also under the remit of another approving body (ADR by SQA for example) then, providing it fits in with the general JAUPT criteria, it will be approved but the accuracy of the contents of that course will not be checked upon!

 

Any person can be a DCPC trainer with something as simple as a letter from a current or former employer stating that they are competent in subject matter.

 

There are literally hundreds of DCPC courses to choose from so if a provider states they have 5 X 7 hours modules that is not what is required. A driver can take the same 7 hour course 5 times to gain 35 hours.

 

About 50% of drivers are getting the DCPC done in-house by their employers but for the rest it means they have to find courses and cough up the dough themselves.

Many of those that must pay themselves are simply opting for the cheapest no matter what that course is and who can blame them.

 

Time spent on a DCPC course cannot be counted as daily or weekly rest for the EU driver regulations because it is not a voluntary set of training hours. It must be recorded as ‘other work’

There are a few officials getting mixed up over this but the law is clear on this issue even though it is implied and not stated – typical law makers not putting things into plain language!

 

Surprisingly, perhaps not as this is an EU thing, driving is not a compulsory part of the DCPC although there are some very expensive courses which do have a driving element such as the SAFED course

 

The introduction of the DCPC resulted in a change in the law for LGV driver licence ages. ALL LGV categories are now at age 18.

 

I think that has covered all the relevant aspects of the DCPC but feel free to ask me anything I have not covered or made clear.

[Peter]

Very comprehensive thanks.

 

I have decided to do my DCPC, for various reasons.

 

In your example of a tree surgeon claiming exemption, does removing arisings from site really come under "tools and materials necessary for your work"?

 

The DCPC isnt the only time that exemption comes up, and I have always wondered if it would stand up to scrutiny. Wood chip and logs, whether you class that as waste or a valuable by product, doesnt really fit the category of materials needed, and certainly not tools......

[ROG.]

Very comprehensive thanks.

 

I have decided to do my DCPC, for various reasons.

 

In your example of a tree surgeon claiming exemption, does removing arisings from site really come under "tools and materials necessary for your work"?

 

The DCPC isnt the only time that exemption comes up, and I have always wondered if it would stand up to scrutiny. Wood chip and logs, whether you class that as waste or a valuable by product, doesnt really fit the category of materials needed, and certainly not tools......

 

Perhaps another exempt example might help -

Builder load up his 10 tonne truck at the yard with bricks etc

He goes to the site where he uses the material he loaded in the truck

He loads rubble from the site and drives back to the yard where he offloads it

 

So far he is exempt dcpc

 

Now he decides to load up all the rubble and take it to a landfill site

He now requires dcpc

 

There could be an allowed exemption if that landfill run was done say once a month and the distance was short but that would need a call to the DSA driver cpc hotline 0191 201 8112 to find out and then I would insist on the answer in writing if it was deemed exempt

[Peter]

How about if he loaded his truck with rubble and took it straight to landfill from site?

 

Or if he loaded his truck with rubble from site and tipped it at his friend's house where his friend uses it to make a new driveway, but no money changes hands.

 

Or the above scenario, but the friend has a business partner who also wants a load, and gives the driver £20 for his trouble?

 

Once you start looking at our day to day activities in detail it starts getting a bit murky.

[ROG.]

Once you start looking at our day to day activities in detail it starts getting a bit murky.

Yes it does which is why an overall definitive cannot be given

Each case must be determined on its own merits

 

Some cases are straight forward and an answer can be given now but as you say, others have so many other little bits which need considering and seem to fall in areas of the legislation which need defining