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UK consultation on post-Brexit CPC training presents ramifications for UK and EU HGV drivers

The UK Government has published a consultation document outlining proposals for a new CPC training scheme for commercial vehicle drivers. The plans would see the UK diverge from EU standard training, resulting in a complex, multi-tiered training system with some qualifications only valid in the UK and others accepted across Europe. In addition, the consultation flirts with the idea of EU qualifications no longer being recognised in the UK, which could have a significant negative impact on the current driver shortage and supply chains. The document nonetheless admits that there is “no legal mechanism available to implement the changes" and that Boris Johnson's Brexit deal means some revisions are impossible.

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The changes concern the DCPC (Driver’s Certificate of Professional Competence), which is frequently referred to as CPC in the haulage industry.

Why some hauliers and drivers want changes to CPC training

During the peak of the HGV driver shortage in the autumn of 2021, many drivers in the UK were vocal about how they find CPC training, which requires 35 hours of commercial vehicle driving tuition every 5 years, to be a loathsome process.

Some ex-truckers even went as far as to claim that they found the prospect of returning to CPC training such a drag that they would rather quit the profession. There have been calls for CPC revisions in the EU too, including in Germany.

The UK Government’s consultation document thus aims to address the desire for change by streamlining the CPC, making the training shorter and cheaper. The proposal could see the 35 hours of training cut down to as little as 1 hour.

However, the changes would also result in the UK CPC diverging from the EU standard. This means that a multi-tiered approach would be required in the form of different courses and qualifications for driving only in the UK or across Europe.

“Drivers wishing to drive to, from or within the EU will still need to comply with the existing requirements. This is because they are contained within the UK/EU Trade and Cooperation Agreement (TCA), as well as other UK international obligations, which the government cannot change unilaterally,” the consultation document confirms.

To try and get round this, the proposals invisage 2 parallel qualifications for driving in the UK:

  • a national DCPC (N-DCPC) that would differ from the EU standard
  • an international DCPC (I-DCPC) that follows EU standards according to the withdrawal agreement

The government says the proposed changes will only impact drivers who are maintaining their DCPC or regaining their DCPC (drivers who previously held one but let it lapse).

One of the benefits of the proposed new system, stresses the government, are reduced costs:

“Completing 35 hours of training costs in the region of £250 to £500 for 35 hours of training. By comparison, a new periodic test for renewing a DCPC is expected to last 1 to 1 and a half hours and cost in the region of £40 to £70 for each attempt.”

The document nevertheless also refers to some consequences of the new training regime. It admits that training providers could lose income, while the 2 parallel qualification could create “potential for confusion” too.

Moreover, it is said that “the creation of an N-DCPC specific to GB or the UK, may mean the labour market for drivers based in the UK able to drive internationally could be affected.”

Finally, the issue of start-up costs related to the proposals was also touched on.

An overview of the plans

The table below, included in the consultation document, outlines the two qualifications and the periodic test plans:

I-DCPC N-DCPC – reformed training N-DCPC – periodic test
Territorial extent UK and EU driving journeys. Drivers will be able to drive in GB and NI only. Drivers will be able to drive in GB and NI only.
Initial qualification There is no proposed change to the initial qualification. There is no proposed change to the initial qualification. There is no proposed change to the initial qualification.
Key elements of periodic renewals 35 hours of training every 5 years.   7 hour (or 3 and a half hours if split) minimum training courses.   Split training courses, including where they contain e-learning must be completed across 2 consecutive days. (Returning drivers) Must complete 35 hours of training before being able to drive. 35 hours of training every 5 years.    No minimum duration for training courses.   No minimum time within which to complete split courses including where they contain e-learning.   (Returning drivers) 7 hour ‘return to driving’ module before being able to drive, with the remaining 28 hours to be made up once driving. 1 to 1 and a half-hour theory test featuring multiple choice and situational judgement questions, or theory test elements of the initial DCPC modularised tests.   Passing gives the driver a 5 year entitlement to drive.   Re-takes or switch to training possible.   Returning drivers may also utilise this test to re-join.
Evidencing qualification DQC Drivers may have a ‘marker’ on their digital driving record or national DQC. Drivers may have a ‘marker’ on their digital driving record or national DQC.
Advantages Maintains status quo and familiarity for drivers, employers and wider industry.   Allows for driving journeys to, from and within the EU.   Training could count towards an N-DCPC. Increased flexibility.      Faster re-entry to the sector for returners.   Shorter courses are likely to be less expensive although overall fees will be around the same as currently. Removes requirement for 35 hours of training every 5 years.   Faster re-entry to the sector for returners.   Focus on material learnt through assessment.   Per test less expensive than training.
Disadvantages Rigid time limits.    Longer wait time before drivers can re-enter the sector.  Focus on amount of training completed rather than material learnt. Cannot be used for driving journeys to, from or within the EU.   Does not remove or reduce the requirement to complete 35 hours of training overall.   Focus on amount of training completed rather than material learnt.  N-DCPC training will not count toward an I-DCPC. Cannot be used for driving journeys to, from or within the EU.   A general test may lose the benefits of training which can be tailored to a driver’s specific requirements.   Not passing will prevent a driver from working.  Test pass will not count towards an I-DCPC.
Costs (exact figures may change following implementation) £250 to £500 (course fees for 35 hours training). £250 to £500 (course fees for 35 hours training).  Some upward pressure on fees due to more overheads. £40 to £70 (for new periodic test or initial test re-sit).

 

The government adds that its proposal is to introduce a pass/fail test as an alternative to training. This will be for drivers seeking to maintain or regain their DCPC qualification who only drive domestically.

Successfully passing this test will provide a driver with a 5-year entitlement to drive. Drivers who wish to drive within the EU would still nonetheless need to undertake 35 hours of I-DCPC-compliant training that would also allow them to drive within the UK.

The consultation document also drills down the details on how the new CPC courses could look like in terms of aspects like e-learning, multiple choice questions and re-tests.

Legal barriers to implementation

There are, however, legislative hurdles to be overcome before any of the proposals can be properly implemented. In a section titled “implementation of changes”, the document reads as follows:

“Presently there is no legal mechanism available to implement the changes proposed in this document. Due to this, implementation timelines are yet to be confirmed. Therefore, at time of launching this consultation, proposed changes will have no impact on the current DCPC periodic renewal cycles of drivers. The intention is to implement these changes by changing legislation and this consultation helps the state of readiness of the proposals to proceed when parliamentary time is available.”

Despite the heavy detail in the plans, the consultation document also admits that several desired changes cannot be made due to the terms of the Withdrawal Agreement – the “oven ready” Brexit deal Boris Johnson signed just before Christmas in 2020.

One such area concerns the extension of CPCs:

“Since the end of the EU exit transition period in December 2020, there is no power in domestic legislation to enable the UK government to extend DCPCs in the future.”

The authors of the document then add:

“Furthermore, the UK has no powers to recognise post driving licence qualifications, which may be like DCPC but obtained in countries outside the EU, to drive within the UK. The exceptions being arrangements that exist to recognise qualifications from the non-EU parts of the European Economic Area (for example, Norway) and Switzerland.”

Potential bombshell for EU drivers working in the UK, albeit an unlikely one

One fragment of the text that could alarm both road transport employers and EU nationals working as drivers in the UK, is the government’s admission that it could stop recognising EU qualifications.

The document states that “As the EU does not recognise UK qualifications, recognition of the EU documentation may be removed in the future for UK-based workers.”

However, it also tries to calm down fears of the change actually happening, adding:

“At this stage the proposal is not to do this, but to take legal powers so this can be done through regulations in the future. At the moment the department considers the continued recognition of the EU qualifications for people based in the UK the right policy position.”

Recognition of qualifications from non-EU European nations

In contrast, another possibility referred to in the document would see even more qualifications recognised:

“Already the non-EU states that are part of the European Conference of Ministers of Transport haulage quota must have a DCPC similar to the EU standard (which is also equivalent to the UK I-DCPC standard) to use the quota. But if anyone with these qualifications moved to work for a UK operator these DCPCs would not be recognised. The UK can take decisions about recognition country by country.”

As the document explains, the 13 countries involved in the haulage quota using DCPCs not recognised for exchange in UK are:

  • Albania
  • Armenia
  • Azerbaijan
  • Belarus
  • Bosnia and Herzegovina
  • Georgia
  • Moldova
  • Montenegro
  • North Macedonia
  • Russia
  • Serbia
  • Turkey
  • Ukraine

The government adds that implementation is planned soon in Armenia and Azerbaijan.

Comment from the UK’s Road Minister

Commenting on the proposals, Roads Minister Richard Holden said:

“Lorry, bus and coach drivers are some of our economy’s unsung heroes, keeping our goods flowing and ensuring people can hop on the bus to access shops, schools, hospitals and all the essential services they need. That’s why we must look at how we can support the continued growth of this industry.These reforms are yet another example of how we can make the most of our Brexit freedoms to make lorry and bus driver training, in some cases, cheaper and more proportionate so we can retain and attract more people to the sector and continue to grow our resilient supply chain.”

Industry reaction

At the time of writing, industry bodies such as the Road Haulage Association or Logistics UK have not yet issued a statement on the proposals.

International hauliers RDI Trucking have nonetheless taken to social media to air their concerns about the changes. Writing on Facebook, RDI Trucking said:

“Where this becomes problematic, is that the UK government may drop its own requirement of the International DCPC entirely; the UK DCPC would continue to be mandatory, and the International DCPC would become an ‘optional’ qualification, required only by drivers working internationally. EU-based hauliers would be able to continue to operating as currently, on the basis that the ‘code 95′ standard would be seen as exceeding the National DCPC standard.”

The haulage firm continued:

“It’s likely that current training providers will continue to provide the mandatory – regulated – training, but providers of the ‘optional’ International DCPC may become more sparse, as the requirements will be set out by the EU, and providers would be responsible for ensuring that the training continues to meet the ‘code 95′ standard. This standard would then need to be tested – at the cost of the end-user (the haulier or driver) – in order for the DVSA to issue International DCPC cards.”

The company then went on to add:

“Furthermore, this creates extra hoops for employers and employees engaged in international work. Employers will require new employees to be in possession of the International DCPC (or meet the training costs and overheads), and employees may be discouraged from international work as a result of the additional, optional training.”


Update (15:23 GMT)

The RHA has issued the following statement:

We’re pleased to report that the Government has announced a consultation to reform the DCPC requirements.

Amid a skills shortage in the logistics sector, we want to make the process more flexible, cheaper, and easier – without compromising on safety. We need to boost both recruitment and retention across our industry, and firmly believe that streamlining the DCPC process is a key part of that.

Our Managing Director, Richard Smith said:

“We welcome the news that DfT is consulting on proposed DCPC reform to offer more choice and flexibility for drivers. This is a key priority for us as we continue to look for ways to tackle skills shortages in the transport sector. We look forward to reflecting our members’ views in the weeks ahead.”


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