The Department for Transport (DfT) has finally confirmed the suspension of DVSA enforcement action relating to the Driver Certificate of Professional Competence (Driver CPC) for many drivers due to the current exceptional circumstances stemming from COVID-19, writes Tim Ridyard of Ashtons Legal solicitors.
Drivers whose DQC expires in the period 1 March 2020 to 30 September 2020 will not be subject to enforcement action. This applies in GB (similar changes were announced for Northern Ireland last week) but does not apply to international road transport work.
The COVID-19 situation has made it difficult for classroom training to take place at all and remote classroom training has issues with regard to access and availability. In short it was unrealistic to do other than suspend enforcement action. (We anticipate further announcements about Driver CPC in due course.) It is hard to say how many drivers will be affected but in the period 1 March 2015 to 30 September 2015 (i.e. 5 years ago) about 40,700 DQCS were issued of which about 23,542 were for period training and about 17095 were for initial qualification. 1.6M period training hours were uploaded.
Please note that it is normally unlawful for an enforcement agency to act in contravention of its own stated policy.
Drivers should continue to carry their Driver Qualification Card (DAC) even if expired, DVSA advises.
Operators should check that their insurance policy is not compromised by a driver’s expired DQC though this is unlikely.
Whilst this is an announcement relating to DVSA enforcement action being suspended police forces have also been informed of this policy position. We would advise that if any driver were to be the subject of police action (e.g. fixed penalty offer) this should be brought to their attention with a request that action be withdrawn.
NB military drivers will be allowed to drive in civilian situations during that period.
No decision has been yet made by the DfT about the position where a driver’s DQC has expired before 1 March 2020 or where one has never been held i.e. where drivers want to start to drive professionally.
If your require any advice about this or any other COVID-19 issue (whether transport-related or not) please contact Ashtons Legal on 01284 732111 or email tim.ridyard@ashtonslegal.co.uk
