cpc amendments 2020

cpc amendments 2020

25 Enero, 2021 Sin categoría 0

National Council Code of Conduct. ‘No - for example, consider a mechanic, having taken a replacement vehicle out and returning with a repaired vehicle. SMMT were opposed; the training did not actually involve driving a vehicle in the laden condition. Rules and Procedures for the Conduct of National Council Business 2020. A robust and enforceable definition of ‘rural’ would be required to introduce this exception as whether a driver was committing an offence or not would turn on it. Code of Criminal Procedure (CrPC) is the general procedural law of India and below are the amendments made to this law over the period. By proceeding, you consent to their use. It would be necessary to retain a requirement to prove compliance through Driver CPC or Code 95 for non-UK drivers. RECENT AMENDMENTS IN CPC. Question 16. 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. Question 12. Do you agree with these definitions of a rural area? They also felt that drivers should be offered Disability Assistance training as part of their Driver CPC. 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. 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. Of those who agreed amongst the comments were ‘Yes I think that amendments to Annex 1 are correct.’ And ‘yes, better auditing of what is being delivered should be made compulsory, there is too much old information still being pumped out by some of the Driver CPC training providers.’ Of those who disagreed one stated, ‘I disagree with the allowance of 12 hours of e-learning to count towards the total of 35 hours of Periodic Training.’. They stressed the need for support for trainers during the transition and that remote trainers should not be disadvantaged, expressing concern about e-learning for communities with poor broadband; it was important there were alternatives. SMMT suggested tachograph records as the best solution without adding an administrative burden. The directive will be implemented as soon as possible. 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. If so what time period do you consider should be adopted? They considered that any investigations or enforcement activity against drivers who may have been in breach of this requirement should be suspended. 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 yesterday (22 July 2020). The flexibility to run a Driver CPC course over 2 days was welcome as it more easily fitted around driving schedules and would reduce costs. Under current arrangements, training providers have scope to submit minor corrections and updates during the lifetime of the course approval, and approval can be withdrawn if it is no longer up to date. 28 May 2020 IASB issues amendment to IFRS Standard on leases to help lessees accounting for covid-19-related rent concessions. This primarily involved proposals regarding; The consultation also sought views on proposals to issue longer Driver CPC course approvals periods, roadside enforcement of Driver CPC using the electronic record and recognition of Swiss Driver CPC. FTA supported the continued application of the UK’s existing derogation and bus users considered that there needed to be more consistency and commonality of regulation for all types of vehicles made heavier due to technology. The new definition would add clarity and remove uncertainty. Of those who agreed one individual stated ‘the current arrangement works well and drivers understand their role’ another comment was ‘The law works perfectly well at the moment and therefore don’t change it.’. The Registration (Punjab Amendment) Act. We’d like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. The matter should be the start & finish points, not the distance involved.’. NFU strongly supported the proposal, highlighting the incidental nature of road use by own businesses in the farming industry, NFU(S) welcomed the exclusion for agriculture, horticultural, forestry and farming as part of their own entrepreneurial activity. Question 13. Another considered that ‘There should be specific wording relating to the vehicle being moved for the purpose of maintenance’. 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”. DVSA has indicated that it will next examine the continued use of distance learning in Driver CPC in September. High quality, relevant disability awareness training should remain up to date. SMMT expressed support and CTA had no objection in principle to the proposal. The first option could be an option in the early years to encourage operators to convert to green vehicles.’, ‘A larger vehicle is a different drive line. The most noticeable change will be the inclusion of a new flexibility around e-learning. The new directive has not imposed training rigidly – as it was feared it might – but now emphasises the importance of adapting and tailoring training to the individual’s own role, including relevant legal and technological developments, and remedial training as appropriate – mirroring the way the Directive has historically been implemented in the UK. How could less than 30% of the rolling monthly time be recorded and evidenced to show that driving was not the principal activity? 105 responses were received to this question with 82 agreeing with the definitions of rural area outlined in the consultation paper. SMMT did not consider guidance to be necessary. However, there needed to be controls to ensure a full understanding or learning undertaken (for example questions during the course) and secure user identification processes. Where the training is undertaken in another recognised training scheme and not specifically accredited as Driver CPC training (for example ADR), submission of a recognised certificate of completion would be allowed to stand for a set number of Driver CPC periodic training hours (this should not prevent an ADR course counting towards Driver CPC when uploaded). CTA had no particular views but noted that the physical driver card is useful for verifying identity and any roll out of electronic record must be linked to a driving licence check for enforcement officers and other agencies, such as employers, trainers and Employment Agencies. They welcomed the clarity from the EU on this specific issue and expressed their support for the proposal. 30% of a 3 month rolling period (rather than 1 month) may even out peaks and troughs. To help us improve GOV.UK, we’d like to know more about your visit today. Bus users felt this would avoid passengers being stranded and, if this was not possible, supported the driver showing his licence at a police station within 7 days. 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.’. Would practical examples clarifying whether Driver CPC is needed in certain circumstances under the amended exemption help in understanding the law? The new requirements will be implemented by making changes to the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007 SI 605, which apply to the United Kingdom. The following corrections or amendments were approved by the Joint Editorial Board (JEB) after publication of the respective projects. 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. 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.”. Is either measure preferable, and if so why? Bus operators should be able to recruit from anywhere as long as they meet UK standards. Ministers have taken into consideration all the comments made. 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. Do you agree that the amendments to Annex 1 should be incorporated into current training programmes? This is a bad and ridiculous idea. 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 … Sh. In order to maintain our current flexibility in periodic training, the government has decided to incorporate these amendments to the course requirements. On 18 March 2020, DfT and DVSA published an online consultation on amendments to Driver CPC, which ran until 29 April 2020. NFU(S) felt that many businesses were split across different locations and it would be difficult to administer from which bases the radius should be drawn. This publication is available at https://www.gov.uk/government/consultations/amendments-to-driver-cpc-regulations/outcome/amendments-to-driver-cpc-regulations-response-to-consultation. Clarification is certainly needed in cases where driving isn’t their first job and only very rare’. 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. Please see … However, as advised in the previous point, the government has decided that a maximum radius should not be set. 2. 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. Code of Conduct for Volunteers, EDA staff, and campaign staff. 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. 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. Not all respondents commented on every proposal or question. This measure was, however, opposed by CPT. No. Bus users considered a maximum period, rather than a fixed one, should be set. 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). CPT and SMMT expressed support for the proposal. FTA is one of the UK’s leading business groups, representing logistics businesses which are vital to keeping the UK trading, and more than seven million people directly employed in the making, selling and moving of goods. FTA accepted the implementation of this amendment and noted that the Directive matches the same exemption in drivers hours rules. Two major amendments were made in the year 2002 and 2015 to meet new challenges. 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. Question 8. 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? A number of the larger representative bodies were in favour of the change, which would provide clarification of the position. We are grateful for comments on this proposal. Find out more: https://t.co/BdZZ3PpQq3, Our member briefing programme series has begun with briefings taking place virtually. Driver safety is paramount on all roads and areas’. Most were in favour of a radius between 50km to 100km. Code of Civil Procedure (CPC) Amendment Act, 2020 Purpose of this Amendment. John Lewis supported the continued application of the derogation. Bus users felt there needed to be a consistent approach and commonality of regulation for all types of vehicles made heavier due to technology. 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. ALBUM commented that bus shortages continued to be a challenge for the industry. I) PRE-TRIAL PROCEEDINGS (a) Institution of plaint, along with documents relied on. It also has health and safety issues to its passengers and cargo carried. The pleadings that are filed can be in the plaint or written statements form. As a result, in May 2020, the Cyprus Commission for the Protection of Competition (‘'the CPC'') launched a public consultation on: (a) a proposed Law on the protection of competition of 2021 (‘'the proposed Law''), which shall replace the laws on the Protection of Competition of 2008 and 2014 (‘'the current Law''); and Don’t worry we won’t send you spam or share your email address with anyone. 158 responses were made to this question, 89 had no comments. 1. FTA supports, shapes and stands up for safe and efficient logistics, and is the only business group which represents the whole industry, with members from the road, rail, sea and air industries, as well as the buyers of freight services such as retailers and manufacturers whose businesses depend on the efficient movement of goods. 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. Eight of online respondents asked for their response to be treated as confidential. The Freight Transport Association (FTA) had been seeking clarity on this issue, surrounding exemptions for section 19 and 22 permit holders, in view of advice that had been issued which had deviated from the previous understanding. The definition in drivers hours guidance offers a clarification which would seem to apply here. 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? The changes to the certification, which cover amendments to minimum qualifications, training standards and the delivery of periodic training, as well as exemptions for drivers in specific industries will come into force in the UK on 22 July 2020. 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. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. This was suggested by FTA, ALBUM and SMMT who commented that it was consistent with drivers hours legislation and other exemptions. Deadline approaching for FTA Logistics Awards 2020 - don't miss out! 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. This consultation set out proposals to implement EU Directive 2018/645 EC in domestic law. 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. CTA felt that it was premature to publish worked examples until guidance following a judicial review in 2019 was issued. Drivers at any location would be able to update training without the need to be removed from the workplace, with the subsequent inconvenience to passengers. This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. The amendments to the CPC program make it a more competitive platform for growth companies and are expected to contribute to renewed interest in the CPC program by market participants. SMMT felt that the length of holding a licence was the better option, which was consistent with motorcycle licensing. The larger organisations suggested various periods. In accordance with our international obligations and to provide the same flexibility for UK drivers when travelling to Switzerland, the government has decided that the UK will continue to recognise the Swiss Driver CPC qualification. CTA, CPT and SMMT were also in support. These proposed changes were additional to those made by EU Directive 2018/645. 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. Bombay High Court: S.J. Training on modern vehicles was or limited use to organisations such as themselves. More info. Do you have any comments on the recognition of Swiss Driver CPC? If not how should a rural area be defined and why? They felt that enforcement should be by investigation and it would be useful if DVSA provided guidance for operators and drivers on recording where this definition is used. CPT and SMMT also agreed with the proposal. Do you agree with our intention to incorporate this exemption into UK law? Under the New CPC Policy, the Company is permitted to implement certain other changes from the Former Policy without obtaining shareholder approval. Effective February 16, 2021, corrections were made to resolve issues with administrative transfers in association with C-Sets of RP0707 (B22F). We received 140 responses to this question with 89 agreeing that it would be desirable for the exemption to be incorporated into UK law. Do you agree that these amendments should be implemented? 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. Another considered ‘No it should be UK wide everywhere or nothing’. They considered the training in animal welfare was compulsory and relevant to their role as drivers. One issue on which clarity was sought was the phrase “non-commercial”. en Haag was zondag in de ban van de. They are as follows: “The term “non-commercial” can be applied to journeys where either: Having given this issue careful consideration, the government has decided to introduce the exemption. hoogtepunten van de CPC Loop 2020 - OMROEP WEST. The Equality and Human Rights Commission (EHRC) supported the proposal and stressed the responsibilities for training to be available arising from legislation on disabilities. Question 1. Of those who agreed one respondent stated ‘A ‘Rural Area” must be defined in law to prevent misuse and establishment of loopholes as there will always be people who will try and circumvent the law.”. From a number of the large, representative bodies, there was general agreement with the definitions of rural. 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: 135 responses were received to this question with 97 agreeing. Under the amended Order, Rules 17 & 18 of the CPC Any documents that the plaintiff wants to rely on which have … Comments on this question included ‘Limit should be on hours driven per annum, with a maximum in any month.’ ‘Yes, stick to the other radius’s currently being utilised to make it less complicated.’ And The basic purpose of this long awaiting amendment is to amend the Code of Civil Procedure,... English Version of the CPC Amendment 2020. Bylaw for the Revocation of EDA Recognition by the National Council. 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). So yes we need to have the Driver, ‘I believe both measures should be adopted, however, in the interests of this document and the need to choose, I would suggest extra and ongoing trading would probably help in road safety more.’. [1]. Some of the larger organisations considered that this information was already recorded to a large extent. SMMT felt this was consistent with the future direction of compliance enforcement. The overall reaction to most of our proposals was positive. FTA accepted the implementation of this. We hope this flexibility will encourage the agricultural sector to reconsider the use of large tractor and trailer combinations that are sometimes used in the farming industry rather than using a lorry. ALBUM considered that, where consideration for operation was made, in cash or other benefits, a Driver CPC should apply. A number of responses included one comment which covered these 3 questions. Do you agree that we should retain our current arrangements and not change the UK law? They delivered lorry Driver CPC courses and felt that the content of these courses may be better suited to these drivers. A number of the larger organisations were in favour, provided there were safeguards. They did not feel it was appropriate for section 19 and 22 holders to compete for business with “O” licensed operators when they were subject to lower safety standards. NFU agreed to the amendments to the Directive. CTA, whilst not having a view because none if their members fell into the categories of exempted industry, supported a geographical restriction as, allowing non-professional drivers to potentially drive the length of the UK could be a road safety issue, due to lack of experience and training. TSX Venture Exchange Publication, "Capital Pool Company brochure" (2020). 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. FTA felt that the changes mostly constituted clarifications. DVSA will accordingly publish updated advice on GOV.UK with new examples of non-commercial working and other exemptions, including the new ones in the consultation. 146 responses were made to this question with a number of time periods being suggested from 6 months to 10 years. We will now take forward developing those examples, taking into account comments made in responses to the consultation. We’ll send you a link to a feedback form. Find below the English version of the CPC Amendment bill 2020. 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’. If so, what do you consider this radius should be? The full court approved the proposal to implement the amendments with effect from November 1, 2020. 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. However, there was concern about the continued life of the derogation. CTA proposed that 2 years was consistent with regulations on driving minibuses and would be proportionate and necessary to ensure the driver had acquired relevant driving experience before being permitted to drive a heavier vehicle. EHRC were not in favour as they felt that longer course approval periods meant that training content was less responsive to legislative changes. NFU observed that this was required under drivers hours rules. Question 9. We envisage that most employers will establish an appropriate system for monitoring the driving time of their employees that make use of this exemption, in order to avoid committing offences under Regulation 10 (2) of the Driver CPC regulations. Get more Personal Finance News and Business News on Zee Business. S. No. Q18. They considered that vehicles would need to be tested loaded, and returning to the original domestic legislation would not allow this and to retain the current exemption for maintenance personnel. This should apply across Great Britain and Northern Ireland and follow consultation with operators. The International Accounting Standards Board (Board) has today issued an amendment to IFRS 16 Leases to make it easier for lessees to account for covid-19-related rent concessions such as rent holidays and temporary rent reductions. 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