Driver CPC, new guidance

Jocoh:
… We have looked into this from many angles, and all the information that has come back clearly states that you do not need a Driver CPC if it is not Hire & Reward. And Hire & Reward is very clear, if you hire out a Vehicle for reward ( IE" Payment for services rendered ) then that constitutes Hire & Reward. And so Any Driver would need a Driver CPC. If you Hire or own a vehicle to move goods pertaining to your own company then that is not Hire & Reward. And as long as the driver is suitably qualified to drive that vehicle then you are breaking no laws.

Hi Jocoh,

I think there might be a little confusion wafting around, so I’ll offer my 2p worth in the hope that it helps.

The phrases “Hire and Reward” and “Own Account” belong to a different conversation involving the type of ‘O’ licence needed for a commercial vehicle >3.5t used in connection with a trade or business, but I’d respectfully submit that this has no connection to the topic at hand.

The guidelines for DCPC are that a driver who drives professionally as a driver (regardles of the type of ‘O’ licence) needs a DCPC.

The usual exemption to this is if driving is not a vehicle >3.5t driver’s main activity.

Examples would be a scaffolder or a tree surgeon, who might drive a vehicle >3.5t (regardles of the type of ‘O’ licence) from “A” to “B,” then do their ‘real’ job for the day, then drive back from “B” to “A,” or even to “C” to do their next job.

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Two scenarios to follow on…

Scenario #1
A scaffolding company owns their own scaffolding, which they hire out and erect for a number of different builders.
The 18t scaffold truck is crewed by scaffolders, one of whom is the driver.
The driver has the relevant LGV Cat C licence for the vehicle in question.
The vehicle crew (including the driver) all work at erecting, maintaining and moving the scaffolding around on the work site(s) at the builder’s request.
The transport charges associated with hiring out the scaffolding are incorporated in the scaffold company’s overall invoice to the builder.

The vehicle needs an “Own Account” ‘O’ licence because the scaffold company owns the scaffolding carried by the vehicle.
The driver does NOT need a DCPC because driving is not his main activity.

Scenario #2
A very large building firm need 10t of their scaffolding moving from their yard to their customer’s site, so they hire in a transport firm to do this delivery job.

The vehicle needs a “Hire and Reward” ‘O’ licence because the vehicle owner is doing a transport job and doesn’t own the load being carried.
The driver in this case does need a DCPC because driving is his main activity.

BUT…
Now lets say that the company in scenario 2 subcontracts the company in scenario 1 to move their scaffold and erect it, maintain it etc…

The company in scenario 1 would then need a “Hire and Reward” ‘O’ licence because it’s not their scaffold being carried on their vehicle, but their driver would still NOT need a DCPC because driving is not his main activity.

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:bulb: In the real world, the company who normally needs the “Own Account” licence in scenario 1 might “buy” the scaffolding (temporarily :wink: ) then do the job and sell it back again later so as not to infringe the ‘O’ licencing rules. Even if they did that, it’s the driver’s main activity that governs whether he needs a DCPC.