Statutory Instruments
2013 No. 2667
Road Traffic
The Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2013
Made
16th October 2013
Laid before Parliament
21st October 2013
Coming into force
13th November 2013
The Secretary of State for Transport makes these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972( 1 ).
The Secretary of State is a Minister designated( 2 ) for the purposes of section 2(2) of the European Communities Act 1972 in relation to the regulation and supervision of the qualifications and working conditions of persons engaged in road transport.
Citation and commencement
1. These Regulations may be cited as the Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2013 and come into force on 13th November 2013.
Amendment of Regulations
2. —(1)The Vehicle Drivers (Certificates of Professional Competence) Regulations 2007( 3 ) are amended as follows.
(2) In regulation 3 (persons to whom these Regulations apply), for paragraph (2)(c) substitute—
“ (c) which—
(i) is undergoing road tests for technical development, repair or maintenance purposes;
(ii) is being used for the purpose of submitting it (by previous arrangement for a specified time on a specified date) for a relevant test, or of bringing it away from such a test; or
(iii) is a new or rebuilt vehicle which has not yet been put into service; ” .
(3) At the end of paragraph (2)(g) insert—
“ ;
(h) to which sub-paragraphs (a) to (g) do not apply, but which satisfies all of the conditions in paragraph (3) ” .
(4) After paragraph (2) add—
“ (3) The conditions referred to in paragraph (2)(h) are that—
(a) the vehicle is being driven by a person whose principal activity in the course of his work is not driving relevant vehicles;
(b) the vehicle is being driven within a 50 kilometre radius of the driver’s base;
(c) the driver is the only person being carried on the vehicle;
(d) in so far as the vehicle may be carrying goods or burden, the goods or burden must only be equipment, including machinery, that is permanently fixed to the vehicle.
(4) In this regulation—
“driver’s base” means the address at which the driver came on duty immediately following the last period during which he was off-duty for not less than nine hours;
“relevant test” means an inspection or test for the purposes of technical development, repair or maintenance carried out—
in Great Britain, by a vehicle examiner; or
in Northern Ireland, at a vehicle testing centre provided or maintained by the Department of the Environment for Northern Ireland under Article 73 of the Road Traffic (Northern Ireland) Order 1995 ( 4 ) . ” .
Signed by authority of the Secretary of State for Transport
Robert Goodwill
Parliamentary Under Secretary of State
Department for Transport
16th October 2013
1972 c. 68 . Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) , and by section 3 and the Schedule to the European Union (Amendment) Act 2008 (c. 7) .
1995 No. 2994 (N.I. 18) . See Article 2 for the definition of “Department”.