Fleet Risk Consultants

I have had a driver on the telephone today asking me about a speeding prosecution he had received. The driver was annoyed because he had been photographed doing 77mph on a dual-carriageway and on first examination he might have a reasonable point.

BUT and it is a big BUT I then found out what type of vehicle he was driving at the time. It turns out he was driving a Ford Transit Van at the time which throws a whole new set of different rules into play. The driver was very surprised to learn that at 77 mph he was 28% or 17 mph over the legal limit for his vehicle on that type of road.

This driver found out to his cost something that all drivers should know, but most don’t. There are different speed limits for different types of vehicles. In this case a Ford Transit can only travel at 70 mph legally on a Motorway, 60 mph on a dual-carriageway and 50 mph on a national speed limit single carriageway road. The most disturbing part is that this driver works with another 20 van drivers and none of them knew these speed limits either, their employer had not given them the information either and this could lead to a prosecution for the employer too.

The speed limits are freely available at the website for the Highway Code, but if you or your staff are still not certain which rules apply you can give our team a call on 01623 675833.

I advise that you always make sure that you know exactly which rules apply to you and your vehicle because it is your responsibility to know these rules. As an employer you also have a duty to ensure your staff know any rules that may be different to the normal vehicle they drive when not at work.

Nigel Grainger

Senior Consultant
Fleet Risk Consultants

The Vehicle Drivers (Certificates of Professional Competence) Regulations 2007 are the legislation that enacts a directive laid down by the European Union which requires member states to set out in law the need for drivers of Goods Vehicles and Passenger Carrying Vehicles to have more training and qualifications than just a valid driving licence to carry out their role. This will enable all drivers throughout the EU to be of a similar standard in knowledge and skill.

The Directive applies to drivers who drive vehicles in the categories C1, C1+E, C, C+E, D1, D1+E, D, D+E. The Directive affects drivers of D1, D1+E, D and D+E from the 10^th September 2008. The effect for trucks is delayed until 10^th September 2009.

There are at present seven exemptions from the directive, which are:

(a) Vehicles with a maximum authorised speed not exceeding 45 km/h;

(b) vehicles used by, or under the control of, the armed forces, civil defence, the fire service and forces responsible for maintaining public order;

(c) Vehicles undergoing road tests for technical development, repair or maintenance purposes, or of new or rebuilt vehicles which have not yet been put into service;

(d) Vehicles used in states of emergency or assigned to rescue missions;

(e) Vehicles used in the course of driving lessons for any person wishing to obtain a driving licence or a CPC, as provided for in Article 6 and Article 8(1);

(f) Vehicles used for non-commercial carriage of passengers or goods, for personal use;

(g) Vehicles carrying material or equipment to be used by the driver in the course of his or her work, provided that driving the vehicle is not the driver’s principal activity.

The directive requires that the training is provided to a set and that training shall be delivered by approved training bodies. The approval of training bodies is being managed by the Driving Standards Agency.

The minimum training requirements for new drivers is 280 hours of training, which must include at least 20 hours driving in the vehicle category they are intending to drive. At the end of the training the driver is required to undertake either a written or oral test. The theory test must last a minimum of four hours.

The minimum training requirement for existing drivers is 35 hours over a five year period, commencing 10^th September 2008 for classes D1, D1+E, D, D+E and commencing 10^th September 2009 for classes C1, C1+E, C, C+E. It is recommended that drivers undergo 7 hours of training every year; this will allow the training periods to be managed more effectively. This annual course must be of no less than 7 hours in length.

Trainers must conduct identity checks of the drivers attending the course. They must also issue each driver with a receipt confirming their attendance on the course.

There is also a requirement for trainers to obtain feedback from both the drivers and employers.

So if you use minibuses or buses you will need to amend your recruitment policies and contact a training provider to allow you to legally operate your vehicles. You will also need to check whether your employees are qualified to drive your vehicles, which will involve more than just a driving licence check.

If you would like any assistance with this we are always happy to offer our advice or training. In fact we are happy to announce that European Driver Training Limited will be delivering the training to our clients.

N Grainger

Senior Consultant

Fleet Risk Consultants