The Vehicle Drivers (Certificates of Professional Competence) Regulations 2007

Persons to whom these Regulations applyU.K.

3.—(1) These Regulations apply to any person who drives a relevant vehicle, other than a vehicle to which paragraph (2) applies, on a road and is —

[F1(za)a national of the United Kingdom;

(zb)a national of a third country employed or used by an undertaking established in the United Kingdom;]

(a)a national of a member State; or

(b)a national of a third country employed or used by an undertaking established in a member State.

(2) This paragraph applies to a vehicle—

(a)which it is an offence for that person to drive on any road at a speed greater than 45 kilometres per hour in Great Britain under section 89 of the Road Traffic Regulation Act 1984 M1 or in Northern Ireland under the Motor Vehicles (Speed Limits) Regulations (Northern Ireland) 1989 M2;

(b)which is being used by, or is under the control of any of the following —

(i)the armed forces;

(ii)a police force;

(iii)a local authority in the discharge of any function conferred on or exercisable by that authority under an order made under section 5 of the Civil Contingencies Act 2004 M3 or regulations made under section 20 of that Act, F2...

(iv)a fire and rescue authority; F3...

[F4(v)the prison service [F5; or

(vi)an NHS ambulance service;

when the vehicle is being used as a consequence of a task assigned to an authority, force or service specified in this sub-paragraph];]

[F6(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;]

(d)which is being used in a state of emergency or is assigned to a rescue mission [F7, including the non-commercial transport of humanitarian aid];

[F8(e)which is being used in the course of a driving lesson, a driving test, or additional driving training during work-based learning, for the purpose of enabling that person to obtain a driving licence or a CPC, provided—

(i)it is not also being used for the commercial carriage of goods or passengers; and

(ii)in the case of additional driving training during work-based learning, the driver is accompanied by a person who is a qualified driver of that vehicle for the purposes of regulation 16 of the Motor Vehicles (Driving Licences) Regulations 1999 or, in Northern Ireland, regulation 12 of the Motor Vehicles (Driving Licences) Regulations (Northern Ireland) 1996;]

(f)which is being used for the non-commercial carriage of passengers or goods F9...;

(g)which is carrying material or equipment [F10, including machinery,] to be used by that person in the course of his work, provided that driving that vehicle is not his principal activity[F11;

(h)to which sub-paragraphs (a) to (g) do not apply, but which satisfies all of the conditions in paragraph (3) [F12or (3A)]] .

[F13(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 [F14100] 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.

[F15(3A) The conditions referred to in paragraph (2)(h) are that the vehicle is being—

(a)used by an agricultural, horticultural, forestry, farming or fishery undertaking;

(b)used only for carrying goods in the course of that undertaking’s business;

(c)driven by a person whose principal activity in the course of their work is not driving relevant vehicles.]

(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—