Two people in a 5 tonne van with a Standard National Licence. Driver one has a drivers CPC, driver two hasn’t, but has a licence to drive the van. The van begins it’s completely empty of any product and will not be ‘working’ for the first leg of this journey. Driver one has a job to pick up 3 hours away with the van and deliver a further 3 hours on. Driver two has relatives he wishes to visit very close to the pick-up for driver one. Is Driver two, without a Drivers CPC allowed to drive the van down to the pick-up 3 hours away, enabling driver one to take over and have a full days driving for his job?
My initial reaction is for Driver Two to get their CPC and that will cover any scenario. If they were pulled over during the first leg, they would have to convince VOSA or whoever that they are not working for Hire and Reward. Just wondered what thoughts you guys had please. Thanks as always.
I can only suggest stop trying to bend the law - CPC required for both drivers.
It just happens I had a driver on a CPC course yesteday that has been caught in similar circumstances. he was driving a 17t vehicle that was ‘almost’ empty to a site where he was handing it over to a ‘proper driver’ who has his CPC who would then load it up and drive it. Company claimed as he was just delivering the vehicle he didn’t need a CPC. He wasn’t a full time driver, just a labourer/hole digger/builder.
He was stopped by Police and taken to a multi-agency check point. Police checked everything and asked for CPC card. He explained situation - Police went to DVSA, came back and cautioned him. He was at the site over an hour and has been told he will be going to court. I think it is a border-line case as he was delivering an ‘empty’ vehicle within a 50km radius … well empty apart from the wheelbarrow, couple of shovels and some bricks
This was less than 4 weeks ago. DVSA have since visited the operator, carried out full tacho & maintenance inspection and warend the operator they will be going to court for the driver with no CPC card and be reported to the TC for all the compliance issues found. They suggested that meanwhile they employed a TM (Restricted licence) or sent one of their managers on a suitable course so they can show the TC improvements have been made etc.
All of this was because of a lack of CPC for someone driving a vehicle. Major problems now and I doubt this operator will keep his full 5 vehicle licence.
As has been said - get the CPC. it’s about £250 to £300 and last 5 years. That’s about £1 a week over the 5 years and avoids a whole lot of trouble. This is also much cheaper than fines imposed in court for no CPC.
CPC aside … I think you are also pushing the boundaries of drivers hours rules but what you have described is OK. The guy with the CPC would need to record the journey as a passenger (either POA or work) and will then have his full driving entitlement available when he takes over - but don’t forget his working day/shift/duty began when the van set off.
