It strikes me that the following question put to the French caterers the other day just might have the capacity to open up quite a can of worms for all the new CRC owners. Maybe some due diligence might be in order so as to flush out other potential problems the former Trusts had quietly left in the 'too difficult to handle' box?
Can you please clarify driving licence requirements for provision of community payback travel?
We are looking at this issue urgently with CRC colleagues.From a Community Payback perspective it appears the majority of the Supervisors are currently driving the CRC's minibuses without the necessary training. 'NEW' regulations were introduced in 2008 regarding driving at work and the drivers all should have completed the CPC training. Will our new employers sort this out?
Interesting, I wonder what the Community payback insurers will say about this? If this is accurate, you should contact your union Health and Safety rep urgently. If not a union member you have a duty to raise your concerns with your employer. Sorry but this is one of those issues that cannot be left.
Oh yes, the mini bus qualification/certificate - if supervisors are driving with it, and carrying clients, then they are breaking the law and the occupants of any such vehicle are, therefore, uninsured. Please refer this issue to the Police, if Management are ignoring this.
My CRC know about this but don't seem overly concerned we are breaking the law.
The law seems clear - if you were professionally carrying passengers before 10th Sept 2008, you can continue as long as by 9th Sept 2013, you have upgraded by doing 35 hours 'periodic' training, alternatively if you start after 10Sept 2008 you must qualify to hold a four part initial certificate of professional competence.
Anyone driving professionally a vehicle that can carry nine or more passengers without such a licence is committing an offence and obviously liable to prosecution whatever the situation is for the employer. The maximum fine is £1,000.
There is a list of exemptions shown in the Act but I cannot see anything to cover the Unpaid Work supervisors. Perhaps they should have done this a while back?
One of my colleagues had this from the Driver and Vehicle Standards Agency:-
Thank you for your email dated 05 January regarding Driver CPC.
As minibus categories D1 (101) and D1E (101) now fall within the scope of Driver CPC (as of August 2013) then from the information provided it seems that you would NOT be exempt from Driver CPC.
In terms of hire and reward please see the following document at 3.1 for definitions: www.gov.uk/government/publications/section-19-and-22-permits-not-for-profit-passenger-transport
If you need to refer to the exemptions then please see the following link: www.gov.uk/driver-cpc-exemptions-examples
As it states on the gov.uk website the Driving and Vehicle Standards Agency (DVSA) can only tell you if they think you’d be exempt from Driver CPC. However, this doesn’t carry any legal weight. Only a court can make a decision on how the rules about Driver CPC are interpreted. You should seek legal advice if you want to rely on one of these exemptions.
Seems as though we are not setting a very good example!!