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Ask the MAC - July 2021


Read the answers to questions put to Logistics UK's Member Advice Centre.

CLEAN PLATES

We have changed the vehicle registration numbers on several HGVs of ours and will now need the plating certificate updating. Can you advise how we go about this please?

After changing the registration number with Driver and Vehicle licensing Agency (DVLA), you will receive a new V5C. 

Upon receipt of the V5C you need to send it to Driver and Vehicle Standards Agency (DVSA) at following address, Driver and Vehicle Standards Agency, HGV Team, The Ellipse, Padley Road, Swansea. SA1 8AN, along with the documents listed below:

1)      The VTG10 with fee, to change the information on a plate

2)      A copy of the V5C

3)      The original MOT certificate (if vehicle is old enough)

4)      The original VTG plate

 You will then be sent a new set of documents incorporating the new registration number.

BY ACQUIRED RIGHTS

We have had a driver with acquired rights (passed their car test before 1 January 1997) apply for a driving vacancy. He has never held a Driver CPC (Certificate of Professional Competence) qualification – how does he get one?

Drivers with acquired rights wishing to re-enter the industry can either undertake the 35 hours of periodic training or, to obtain their first Driver Qualification Card (DQC) only, take modules 2 and 4 of the vocational licence acquisition test. Please note that the choice to take modules 2 and 4 are to obtain the first DQC only and cannot be repeated for subsequent DQCs, the driver must continue by undertaking 35 hours of periodic training every five years.

VOCATIONAL VACATION

Does a driver in scope of EU rules need to record their annual leave on a tachograph?

A driver is obliged to produce and present the full set of tachograph records for the current day and the previous 28 days at the roadside. These records should cover all periods of activity and inactivity for those 28 days.

From August 2020, drivers have been required to record periods of annual leave and sick leave, regardless of the amount of days taken, under the rest mode, by using manual inputs on a digital/smart tachograph or making a manual record on an analogue chart or printout paper.

LICENCE (APPLICATION) TO FILL

Section 88’s criteria is that DVLA has received the correct and complete application within the last 12 months. How do we know if DVLA have received the application?

DVLA have reinstated the email and SMS acknowledgement service for drivers renewing their vocational entitlement. It is important therefore, that drivers renewing their entitlement include a phone number and/or email address so DVLA can confirm receipt of their application.

We would recommend sending the applications via recorded delivery, even if providing a phone number/email address, but this alone does not necessarily meet DVLA’s above criteria and further checks may need to be made.

This will only apply to licence renewal applications from 16 June 2021, so DVLA will not be acknowledging any applications received prior to that date via email or SMS.

MISPLACED CARD

I have a driver who has misplaced his digital tachograph card, what is the most effective route to get this replaced? 

The Driver and Vehicle Licensing Agency (DVLA) has set up a new system for digital tachograph cards whether that’s for the first one, renewal or lost/stolen and misplaced.

You need to visit http://www.gov.uk/apply-driver-digital-tachograph-card and go through the questions asked, this is the most efficient way to apply for their replacement. While the driver waits for his replacement card, they have 15 calendar days to produce manual print outs. After the 15th day they must stop driving until they are in possession of their new card.  

TRAINING THAT COUNTS

I have a DQC and will need to complete 35 hours of periodic training over the five years. I have booked myself on to a Transport Manager CPC (Certificate of Professional Competence) course, through Logistics UK. Would this count towards my training? 

Taking the Transport Manager CPC course through Logistics UK will count towards 28 hours of Driver CPC training. You will need to then ensure you undertake training for the remaining seven before the end of your fifth year. You should specify to your trainer beforehand that you want these hours to be uploaded towards your Driver CPC periodic training.  

EXCEEDING THE LIMIT

We have an agency driver who was driving one of our tipper lorries. The driver has received a notice of prosecution for speeding. If they are prosecuted do I have to notify the Traffic Commissioner and inform them that the driver is an agency driver?

The Traffic Commissioner must be notified if: “any person named on your application/licence, (including partners, directors or transport managers), any company of which a person is named on your application/licence is a director, or any of your employees or agents has been convicted of an offence in relation to a goods vehicle relating to speed limits or overloading”.

In this case, the agency driver will be classed as your employee/agent, so you will be required to notify the Traffic Commissioner.

THE UNKNOWN DRIVER

We have received a notice of intended prosecution for speeding in a light commercial vehicle but are unable to identify the driver. Is it still the director that receives the points?

As you are legally required to identify the driver of the vehicle, you will have committed a separate offence if you fail to do so. It will then be either the company director or company secretary that could be summoned to court and they could face a fine of up to £1,000 and six penalty points on their licence.

Published On: 01/07/2021 16:00:16

 


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