Driver CPC: concerns over incidental drivers

Concerns are growing that the legal status of incidental drivers, currently exempt from obtaining a Driver CPC qualification, will only be tested in the courts following an accident.

Attendees at a Road Haulage Association (RHA) conference in Birmingham last week were told by Nick Carter, deputy chief executive at the Driving Standards Agency (DSA), the body that supervises delivery of the Driver CPC, that a legal case over the definition of incidental driver - an employee who drives a truck incidental to their main occupation and is, therefore, not required to take the qualification - "was likely".

Carter's comments were backed by Ray Wells, stock and logistics manager at Chelsmford, Essex-based hot tub installation company Watkins Distribution UK, who has a team of drivers who regularly drive trucks incidentally to their jobs and are exempt.

"What if people are off sick? What if we are short-staffed? And what if there is a one-off situation where I have to drive one of the trucks to drop some equipment off? If I was involved in a serious accident while doing this, I doubt the courts would look favourably on me because I would effectively be a delivery driver, but with no CPC.

He called on the DSA to issue clear guidlines on what constitutes an incidental driver.

Jonathon Backhouse, director at Backhouse Jones solicitors, believes if the purpose of the journey is not just for haulage, but involves moving staff and equipment to work to do their jobs, it would probably form part of the exemption.

He adds: "As with all exemptions, it is for you to prove it and there will be a testing of this in the courts. If you are in any doubt, do the CPC."