Find below the English version of the CPC Amendment bill 2020. Do you consider that course approval periods should be extended from the current 1 year? S. No. CTA welcomed changes to training programmes that ensured training aligned with needs and was appropriate to the work of each driver, this proposal would bring greater clarity and reduce potential misuse of the objectives of courses. ALBUM commented that bus shortages continued to be a challenge for the industry. ALBUM believed this to be a proportionate approach. endobj 4. CPT and SMMT also agreed with the proposal. If so, what do you consider this radius should be? 6.2 Switzerland issues CPCs through a separate but equivalent regime. Amendments to Driver CPC regulations 7 Jul 2020 Published on 30th June the response to a consultation on improvements to the Driver Certificate of Professional Competence (CPC). Find out more about the rewards and benefits at… https://t.co/M3N5FdLCmb, Logistics UK's Driver Recruitment App powered by @Availhub is now online! Code of Criminal Procedure (CrPC) is the general procedural law of India and below are the amendments made to this law over the period. Do you think we should explore the option of enforcing Driver CPC compliance from the electronic record? 180 responses were received to this question, with opinions ranging from creating a unique logbook to record the time, using drivers hours legislation, tachograph records or having the information recorded on the Driver CPC card. Another considered ‘No it should be UK wide everywhere or nothing’. 143 responses were received to this question with 90 of respondents agreeing with our proposal. The Society of Motor Manufacturers and Trainers (SMMT) did not, however, agree with the assessment. As James Firth, FTA’s Head of Road Freight Regulation says, it is now important that any changes made to the laws governing what is already a highly regulated industry should acknowledge that no two drivers are the same, and provide capacity for tailoring training to meet individuals’ needs: “During the negotiating process,  FTA ensured that any changes did not make the DCPC overly prescriptive,” he said, “and we are pleased that the ability to identify what training a professional commercial vehicle driver needs remains with industry – be that employer or driver themselves – rather than with politicians.”. ALBUM, CPT and SMMT also supported the proposal. Is requiring drivers to hold their licences for a minimum period of time before they can drive a heavier vehicle than their licence entitlement would usually allow, a proportionate effective measure to ensure road safety? This consultation set out proposals to implement EU Directive 2018/645 EC in domestic law. On 18 March 2020, DfT and DVSA published an online consultation on amendments to Driver CPC, which ran until 29 April 2020. (2) It shall come into force on the first day of January, 1909. 1. NFU and NFU(S) were opposed. Do you think we should set a maximum radius that a driver can travel from the base of the business site when we incorporate this exemption into UK law? Of the larger organisations, the NFU and NFU(S) were in agreement but felt that it should be possible to use motorways and expressways and that these should not be excluded. NFU(S) felt that any recording of driving should be proportionate and not impose an undue burden. Short title, commencement and extent- (1) This Act may be cited as the Code of Civil Procedure, 1908. Question 3. The FTA, whilst accepting this amendment, were concerned about possible abuse; it would be necessary to establish an enforcement strategy to mitigate potential risk. Question 14. The change was also supported by Federation of British Historic Vehicle Clubs (FBHVC), SMMT, ALBUM and Transport Museum Wythall who, along with FTA and FBHVC, felt that there should be clarity in the definition of “non-commercial”. 146 responses were made to this question with a number of time periods being suggested from 6 months to 10 years. If you are transporting goods for gain then there should be a level playing field for all.’ And ‘I believe that these drivers should not be exempt from training as they cover driving on roads where the UK has it’s highest percentage of KSI.’. Would practical examples clarifying whether Driver CPC is needed in certain circumstances under the amended exemption help in understanding the law? following amendments to it by Directive (EU) 2018/645 of the European Parliament and of the Council of 18 April 2018, it is necessary to amend the 2007 Regulations. The existing exemption for a vehicle undergoing road tests for mechanical, repair or maintenance purpose or the driver of a new or rebuilt vehicle which has not yet been put into service is not changed. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk. The government has decided that a maximum radius should not be set out in UK law with this exemption. Following your views we are making changes, which include: National Council Code of Conduct. Under the amended Order, Rules 17 & 18 of the CPC Any documents that the plaintiff wants to rely on which have … We received 140 responses to this question with 89 agreeing that it would be desirable for the exemption to be incorporated into UK law. They noted that it was also acceptable to drive a heavier vehicle up to 4250kg where used for wheelchair transport without any additional training and that a category B licence allowed driving on a range of different vehicles. They agreed that training should reflect an organisation’s needs and not be imposed through a rigid syllabus, allowing the employer to choose the course content or the individual if they were self-employed. One respondent who agreed with our proposal commented ‘As a JAUPT approved training centre, we have at least one course that has been re-approved on an annual basis since 2008, with hardly any amendments. Do you agree that the amendments to Annex 1 should be incorporated into current training programmes? We have looked at this issue closely and we feel that it would benefit the clarification of the exemption, for those who are likely to use it, to remove the “personal use” condition. Question 8. ALBUM considered that, where consideration for operation was made, in cash or other benefits, a Driver CPC should apply. Not all respondents commented on every proposal or question. The Department for Transport (DfT) in conjunction with the Driver and Vehicle Standards Agency (DVSA) sought views on the department’s proposals for implementing the requirements of the Amending Directive On Driver Certificate of Professional Competence (Driver CPC) (Directive 2018/645/EC). The pleadings that are filed can be in the plaint or written statements form. FTA believed that the current derogation should continue, CTA considered that there was insufficient information and Bus Users felt that there needed to be more consistency and commonality of regulation for all types of vehicles made heavier due to technology. 133 responses were made with 93 agreeing with this approach but this and other questions about alternatively fuelled vehicles seemed to cause some confusion, many people appeared to be unsure what we were asking about and not indicating agreement or disagreement and commenting that ‘the type of fuel does not alter the safety aspect of heavy vehicles.’ And ‘No this is why they have already passed heavy goods test.’, Of those that agreed one stated ‘Yes, being able to drive a car does not necessarily give the driver the ability to safely drive larger vehicles.’. DVSA is due to carry out a post implementation review of the Driver CPC regulations in 2021 and this approach will be subject to further review then. Amendments to … ALBUM felt the changes would improve clarity, flexibility and consistency. Do you agree that we should retain our current arrangements and not change the UK law? ALBUM did not object, as long as course content was still relevant and current; some courses may only be relevant for one year but there should be nothing to stop courses having a longer validity. Question 5. We recognise that requiring new record keeping process may introduce unnecessary burdens on businesses, and that small businesses are particularly likely to make use of the exemptions that apply where driving is not a principle activity. We use some essential cookies to make this website work. This issue was well understood across the industry. FTA commented that driving and working time should both be recorded for relevant drivers. Two major amendments were made in the year 2002 and 2015 to meet new challenges. Training on modern vehicles was or limited use to organisations such as themselves. Of the larger organisations and representative bodies, responses were received from the Freight Transport Association (FTA), Confederation of Passenger Transport, Community Transport Association, National Farmers Union, National Farmers Union (Scotland), Federation of British Historic Vehicle Clubs, Society of Motor Manufacturers and Traders, the John Lewis Partnership, Equality and Human Rights Commission, Association of Local Bus Company Managers, Bus Users and Transport Museum Wythall. FTA accepted the implementation of this amendment and noted that the Directive matches the same exemption in drivers hours rules. Pleadings under CPC are considered to be the main spine of every civil suit that is filed. Question 10. They felt that the requirement to carry a DQC comes from the GB regulations and not the EU Directive and pre-dates significant use of electronic records available to DVSA officers at the roadside. With COVID-19, Brexit, new technology and other disruptive forces driving change in the way goods move across borders and through the supply chain, logistics has never been more important to UK plc. High quality, relevant disability awareness training should remain up to date. Of those who agreed one stated ‘Yes, consideration should be given to including the information on the tachograph card and including the license information on the same card, such that a professional driver is required to carry only a single card.’, Of those who disagreed one stated ‘No. On the 8th of March the bri… https://t.co/DtJVWWMvQs, © Copyright 2008-2021 Logistics UK (a trading name of FTA), Logistics UK is a trading name of Freight Transport Association Limited, Registered Office - Hermes House, St John’s Road Tunbridge Wells Kent TN4 9UZ, To give you the best experience, our website uses cookies. FTA and John Lewis supported the proposal and made similar points, considering that it may need to be introduced as an option if some courses needed to be updated annually and that, as a reduced administrative process would be involved, the fee for a longer course should not be double that charged currently. 137 responses were received to this question with 107 agreeing with our proposal. FBHVC felt that this issue affected vehicle classification, for example, where it was “historic” and, for bus museums, the legal regulation of travel services provided. The lawyers’ community strongly opposed these amendments and claimed that these amendments in the CPC, they have abolished one important forum of appeal against the judgment of a civil judge and instead of the district and sessions judge, the appeal had to be filed directly in High Court. All content is available under the Open Government Licence v3.0, except where otherwise stated, Professional driving of lorries, buses and coaches, nationalarchives.gov.uk/doc/open-government-licence/version/3, Coronavirus (COVID-19): guidance and support, Transparency and freedom of information releases, an exemption for maintenance personnel driving category D and D1 vehicles, dropping the ‘personal use’ phrase from exemptions for non-commercial, an exemption for certain drivers in rural areas, an exemption for drivers in some industries, views on alternatively fuelled C1 vehicles being driven on a category B licence, a definition of driving as a principal activity, amendments to the delivery of periodic training, the driver makes the journey for their own purposes eg in connection with a hobby and not to earn income. The following corrections or amendments were approved by the Joint Editorial Board (JEB) after publication of the respective projects. This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. Don’t worry we won’t send you spam or share your email address with anyone. Code of Civil Procedure (CPC) Amendment Act, 2020 Purpose of this Amendment. Q18. It also has health and safety issues to its passengers and cargo carried. The basic purpose of this long awaiting amendment is to amend the Code of Civil Procedure,... English Version of the CPC Amendment 2020. The UK derogation was more straightforward in terms of both application and enforcement, and operators who invested in alternative fuel technologies could attain a payload benefit. Please note that not all of the respondents completed each question and some rather than respond directly to the question used it as an opportunity to state a particular opinion of Driver CPC or road safety in general. There were a variety of comments from some of the larger organisations to the idea of greater flexibility. On-road driving experience is the way most higher-order cognitive skills related to driving (eg hazard perception) are developed and maintained.’, ‘Training is preferable, the time a licence is held for does not equate to training or experience of driving larger vehicles.’, ‘Out of the 2 choices, the option in question 8 would be preferable over the option in question 9. John Lewis operates a small fleet of minibuses for non profit and not for hire and reward, the drivers doing so as part of this role combined with other duties. Bureau Report Published January 30, 2020 PESHAWAR: The Khyber Pakhtunkhwa governor has promulgated an ordinance for deferring till April 15 the enforcement of recently made amendments … Comments made by those who agreed included ‘Yes, however, I would add that why not consider the 7 hours to be in 2 parts and not just 2 consecutive days.’ And ‘Yes because the current Driver CPC syllabus is too vague.’, Of those that disagreed one stated ‘No - too many courses are too old, they should all be checked every year and so should the trainers.’. This should apply across Great Britain and Northern Ireland and follow consultation with operators. Is requiring extra training a proportionate and effective measure to ensure road safety when driving a heavier vehicle than a driving licence would usually allow? DVSA will now consider practical ways that electronic enforcement could be introduced in the future. You can change your cookie settings at any time. A number of responses included one comment which covered these 3 questions. It will take only 2 minutes to fill in. One issue on which clarity was sought was the phrase “non-commercial”. 2. As long as your company is a member, and we have a record of your email address, then you should be able to reset/update your password, or create a login for yourself, using that "Forgotten Password" link. They recommended including this issue in a review in 2023. Entries now open for FTA’s Logistics Emissions Reduction Scheme Award 2020, Freeport vision could unlock trade opportunities but plans need clarity, says FTA, HGV testing exemptions will help keep the economy moving, Logistics UK response to the government’s road allocation plans, Statement from FTA: Border announcements are helpful, now get the deal done, Stop taxing to help us start training, says FTA, Testing plans need a resilient solution to support economic growth, says FTA, Keeps you informed of the latest industry developments. Amendments of pleadings mean that the application can be altered, modified, and changes in the original pleadings by the application to the courts can be made. en Haag was zondag in de ban van de. They delivered lorry Driver CPC courses and felt that the content of these courses may be better suited to these drivers. Consequently, we will not mandate any new requirements or a specific format to record working time for the purposes of demonstrating compliance with this exemption. The overall reaction to most of our proposals was positive. We are seeking your views on potential amendments to the requirements for evidencing Driver CPC so that a driver might be allowed to demonstrate their compliance by … Under the New CPC Policy, the Company is permitted to implement certain other changes from the Former Policy without obtaining shareholder approval. Considering a job in the logistics & warehousing sector? Question 13. From a number of the large, representative bodies, there was general agreement with the definitions of rural. JAK. Courses will be able to be designed to allow delegates to take up to two hours of a seven-hour course as e-learning content the day before a classroom session. There should be clear guidelines and drivers should have a choice of trainer. The directive will be implemented as soon as possible. This consultation set out proposals to … Do you agree with our intention to incorporate this exemption into UK law? Question 15. In addition, the Amendments will increase the aggregate cap on the amount of capital that can be raised by a CPC from $5 million to $10 million allowing founders to form larger CPCs with a greater pool of venture capital available for emerging companies that are seeking to list on the Exchange. [1]. CTA felt that it was premature to publish worked examples until guidance following a judicial review in 2019 was issued. NFU observed that this was required under drivers hours rules. They welcomed splitting the 7 hour period over 2 days, allowing flexibility on delivering training to meet operational requirements, and agreed that the e-learning training period should be limited to a 12 hour period. Bus users felt there needed to be a consistent approach and commonality of regulation for all types of vehicles made heavier due to technology. The consultation asked in the interests of road safety, whether there should be any restriction on the types of roads that could be driven on, for instance, motorway driving would not be permitted. Question 4. FTA, the business group representing the logistics industry, has reacted positively to the changes to the Driver Certificate of Professional Competence (CPC) by government, brought in on 22 July 2020. FTA felt that the changes mostly constituted clarifications. Question 9. 192 responses were received to the online consultation, along with 26 other submissions, including from road haulage and public transport associations, road safety bodies, vocational driver training associations, vehicle manufacturers and other road transport professionals. SMMT also expressed support. A number of the larger organisations were in favour, provided there were safeguards. September 13, 2020 LAHORE - The Lahore High Court (LHC) Chief Justice Muhammad Qasim Khan has said that the implementation of the amendments in the Civil Procedural Code (CPC) will enable speedy decision of cases and avoid unnecessary delays and adjournments of cases. The statistical analysis includes replies from all respondents who indicated whether or not they supported each of the proposals. These proposed changes were additional to those made by EU Directive 2018/645. Question 7. If not how should a rural area be defined and why? As e-learning does not constitute large swathes of a Driver CPC course, and there should be little risk of any driver accruing as much as 12 hours of e-learning across 35 hours, there should be no need for any new registration process for e-learning courses. They welcomed the clarity from the EU on this specific issue and expressed their support for the proposal. CPT and SMMT expressed support for the proposal. It would also increase travel costs. They would not want to see a system where e-learning had to be registered and a driver recorded e-learning against other periodic training hours, which would require new functions in the recording and evidencing system. SMMT felt this was consistent with the future direction of compliance enforcement. TSX Venture Exchange Publication, "Capital Pool Company brochure" (2020). They recommended a simple approach. Of those who disagreed one respondent stated ‘The exemption should be removed as we have come across many mechanics who road test loaded vehicles and drop goods off at a customer on the way back to the depot’. There is no existing definition of ‘rural’ in criminal or road traffic law and definitions found elsewhere are used for statistical purposes, so further work would be required before this exception could be introduced. Ministers would like to thank everyone who contributed to this consultation. The matter should be the start & finish points, not the distance involved.’. FTA expressed concern that the consultation coincided with restrictions arising from the coronavirus outbreak, which had prevented them from consulting with stakeholders in the usual way. After carefully considering all the comments made, the government has decided to incorporate these changes to the course requirements. FTA has stressed that the term “e-learning” should not be confused with “distance learning” or “remote learning” which has been deployed as part of the emergency response to the Coronavirus outbreak. ‘No - for example, consider a mechanic, having taken a replacement vehicle out and returning with a repaired vehicle. The Freight Transport Association (FTA) and John Lewis supported the continued use for the existing exemption for the movement of empty vehicles. DVSA will now consider how best to instigate longer course approval times. As a result, the Company wishes to have the option to take advantage of all the changes under the New CPC Policy that do not require shareholder approval, which became effective on January 1, 2021, including, but not limited to: ALBUM, whilst acknowledging they were not expert in what constituted a rural area, noted that up to 10,000 population criteria were used by other government departments and for consistency suggested it was left in its current form. CTA proposed 2, but no more than to 3, years, NFU(S) 3 years and ALBUM up to 3 years as long as the course was still relevant. I do not believe anyone should drive a vehicle more than their licence permits.’, ‘As in previous questions this looks a nonsense proposal! Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. Last Updated 4th March, 2020 [act379] ... and all necessary amendments shall be made for the purpose of determining the real question or issue raised by or depending on such proceeding. hoogtepunten van de CPC Loop 2020 - OMROEP WEST. DVSA is due to carry out a post implementation review of the Driver CPC regulations in 2021 and this approach will be subject to further review then. FTA, SMMT and John Lewis proposed 2 years, as did CPT with the possibility of one and two-year approval options. The comments raised about the type of roads to be included are, however, helpful. They suggested employment records and drivers logs. EHRC commented that the Amending Directive now explicitly grants the Member States the discretion to include (or not) the mandatory disability awareness training for bus and coach drivers under the Regulation as part of the Driver CPC periodic training programme. Question 11. One respondent stated ‘Certainly would. To help us improve GOV.UK, we’d like to know more about your visit today. They considered the training in animal welfare was compulsory and relevant to their role as drivers. No changes were made to the CPC Scheme, Definitions, or Concordance. On December 1, 2020, the TSX Venture Exchange (the TSXV) announced changes (the Amendments) to its Capital Pool Company (CPC) program, to become effective January 1, 2021. hoogtepunten van de CPC Loop 2020 - OMROEP WEST. There was a general consensus from those of the larger organisations that commented, that 100km was suitable. 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