When is a driver not a driver? How to decide if a DCPC is necessary

29 May 2024

As an operator of heavy goods vehicles there can be a variety of employees and workers within the business – transport managers, planners, general managers, office staff, maintenance staff and of course the drivers. When managing staff there will be different elements to bear in mind such as level of experience, qualifications, and any CPD requirements that come along with those. In a regulated role such as that of transport manager or driver it is relatively straightforward to assess and keep a record of the required qualifications. For example, regular licence checks and CPC refresher training for drivers. However, some roles such as mechanic or fitter can cross boundaries where at times they may undertake work that requires the operator to engage with parts of the regulatory system. One of the most common examples of this is where an employee does not drive as the main activity of their job, but may undertake some driving and therefore may be caught by the need to hold a current Driver CPC (DCPC).

When a Driver CPC is required

The rule of thumb is that if driving is over 30% of an employee’s monthly rolling working time then a DCPC is required. Applying this rule to the role of your employee or worker (regardless of job title) is a good way to make sure this issue is being considered – but it is important to also be aware of the exceptions. For example, many larger operators employ mobile maintenance staff to go out to vehicles on the road and make any necessary repairs or change wheels at the roadside. In this case a mechanic employed by a transport company who drives a lorry all day containing tools and equipment they need does require a DCPC. A workshop manager for a road haulier occasionally providing driving cover, delivering empty trailers to depots would also need a DCPC, even though driving is not their main day-to-day activity.

When a Driver CPC is not required – the main exemptions applicable to operators

Carrying material or equipment for use in your work

A DCPC is not needed when carrying equipment or material for use in the course of your work. This is because your main activity is not driving. Taking a similar example to the mobile mechanic above, an employee could drive a vehicle from an operator’s site to another site, where they take their tools from the vehicle to do their main activity of servicing and repairing vehicles, without needing a DCPC. This is because the vehicle is carrying material or equipment for the employees use on-site. Similarly, a maintenance worker could drive a vehicle carrying tools and equipment to buildings where they will work for a full day on the building e.g. on plant or building maintenance. The employee’s main activity is as a maintenance worker, not as a driver. They do not need a Driver CPC (bearing in mind the rule of not driving for more than 30% of rolling monthly working time).

Empty vehicles within 62 miles of your base if driving is not your main job

A Driver CPC is also not necessary if the below conditions are met:

• employee’s main work activity is not driving lorries, buses or coaches
• the vehicle is being driven within a 62-mile (100km) radius of the base
• the employee is the only person in the vehicle
• the vehicle is empty, except for equipment (including machinery) permanently fixed to it

For example, a mechanic employed by a bus company can move empty buses between depots in the local area without the need for a DCPC. This because driving is not their main activity. Similarly, a mechanic who occasionally drives lorries as part of their work does not need DCPC for journeys within a 62 mile (100km) radius of their base – but only if the lorry is empty, i.e. not carrying goods. The ‘driver’s base’ does not have to be just one place – it is the place they start work on a given day.

Driving to pre-booked vehicle tests and road testing

Finally, a DCPC is not needed to drive vehicles to and from pre-booked appointments at official testing centres. However, bear in mind that a vehicle can only carry a load if it’s needed for a laden brake test. A mechanic employed by a bus company could drive an empty vehicle that they have prepared to an authorised testing facility for a pre-booked MOT. It is also permitted to drive empty vehicles without a DCPC when road-testing vehicles for repair or maintenance purposes, technical development purposes, or if the vehicle being driven is either new or rebuilt and has not yet been put into service.

Many of these examples have very fine details separating whether or not they are caught by the requirements. Luckily Backhouse Jones can provide expert guidance on everything relating to your operator’s licence from application issues to full support and representation at a public inquiry. For more information on Backhouse Jones’ team of expert road transport solicitors click here, call 01254 828 300, or email regulatory@backhouses.co.uk.

This article was written by Mark Davies, Legal Director and Catherine Borrett, Paralegal.