CPC Right or Wrong?

Okey-Didley-Dokely:
Someone else who believes all the propaganda

No, someone with a functioning brain who knows the regs and is sick of hearing so called professional drivers who think they don’t need to take a DCPC spouting nothing but complete bollox every time their face moves and noise comes out of it.

propaganda or not you dont do DCPC then you dont drive simples :open_mouth:

shep532:
I just hope some of these employers switch onto this and start helping drivers get their DQC sorted rather than sherking their responsibilities and leaving it to the drivers. Every week I come up against companies who want nothing to do with the DCPC and there’s no convincing them otherwise. There again I come across companies keen to get it sorted. There is a DCPC session going on in the room next door to me right now. 6 drivers who have been sent here by their company and 8 who’s employer have told them to sort it themselves if they want it sorting and have paid their own way. This is what is wrong with DCPC - the responsibilites lie in the wrong place.

To my mind there’s only one person responsible for an employees training and thats the employer. I’m sure the responsabilities are already in place. PUWER places a legal responsability on employers. I’ve said it since day one, what employer is gonna sack a guy because he’s had no training and cannot renew his licence? A stupid one is my thought, any tribunal/court will wipe the floor with them. Any employee who pays for his own training is being a mug, i don’t mean to sound rude to them, i understand they do it out of fear of keeping their job/licence. But the facts is, employers HAVE to train you and they aint doing it.
You hear a lot of waffle from drivers on here…what other industry/what other job do you need to / training etc…they obviously hav’nt looked around much as its endemic is almost every industry/sector/proffesion. And its hard to argue against what Conor points out !! :smiley:

ND888 BIGJ:
propaganda or not you dont do DCPC then you dont drive simples :open_mouth:

that’s my intention, leave it to all the young heroic drivers who are still green behind the gills who think they know everything and think that after 2014 they are going to make a fortune.
Hope for their sake I am wrong, but all that will happen is hauliers will bring even more eastern Europeans to drive trucks because they will have a DCPC that as been subsidised by Europe. Pay will stay the same or go down .
But maybe I’m one of those do called professional drivers who knows F all


I am here: tapatalk.com/map.php?2lbmc1
It’s not theirs anymore,
This is our England now.
Paaaaarrrrrrttttttttyyyyyyyy

Okey-Didley-Dokely:

ND888 BIGJ:
propaganda or not you dont do DCPC then you dont drive simples :open_mouth:

that’s my intention, leave it to all the young heroic drivers who are still green behind the gills who think they know everything and think that after 2014 they are going to make a fortune.
Hope for their sake I am wrong, but all that will happen is hauliers will bring even more eastern Europeans to drive trucks because they will have a DCPC that as been subsidised by Europe. Pay will stay the same or go down .
But maybe I’m one of those do called professional drivers who knows F all

In this case you’re spot on. Look at all the promises that were made about the working time directive coming in. I was at Geopost when they were negotiating wage rises and we were going to get quite a substantial one as they reckoned there was going to be a hell of a driver shortage even worse than the one that was on the go at the time. And then PoA was announced and being able to do 60hrs in a week and that was the end of that.

Just to prove what a joke this is, took my mod 4 the other day, it was raining, test took around 10 mins, didnt have to use the trolley, and the examiner almost told me the answers as we were doing the walk round!

good idea
bad execution
needs first aid module
and maybe more modules reduce repeatability

hitch:
good idea
bad execution
needs first aid module
and maybe more modules reduce repeatability

Good idea - yep agree with that
Bad execution - yep agree with that
Needs first aid - maybe, but not necesserily
More modules - There are already potentially hundreds of modules and this seems to be what a lot of people don’t seem to get.

There aren’t any ‘fixed’ modules. A 7 hour course can be on one subject in great detail, or 10 subjects in not so great detail.

The idea is to source and book a course with content that suits you.

ND888 BIGJ:
propaganda or not you dont do DCPC then you dont drive simples :open_mouth:

rubbish.

limeyphil:

ND888 BIGJ:
propaganda or not you dont do DCPC then you dont drive simples :open_mouth:

rubbish.

ok i will rephrase it if you dont have a valid DCPC from sept 2013/14 then you cant drive commercially if you have found a loophole phil then fess up mate

ND888 BIGJ:

limeyphil:

ND888 BIGJ:
propaganda or not you dont do DCPC then you dont drive simples :open_mouth:

rubbish.

ok i will rephrase it if you dont have a valid DCPC from sept 2013/14 then you cant drive commercially if you have found a loophole phil then fess up mate

thankyou. :smiley:
and i’m working on a loophole as it happens.
and it appears that they can’t stop you from driving commercially due to not having a dcpc. but they could refuse to renew your licence when it comes up for renewal.
however, we will have to wait until someone appears in court in 2014 and see what the outcome of a test case is.

limeyphil:
and it appears that they can’t stop you from driving commercially due to not having a dcpc. but they could refuse to renew your licence when it comes up for renewal.

Why can’t they stop your driving commercially and how could they refuse to renew your license :confused:

You don’t need to do the DCPC period training in order to renew LGV entitlement.

tachograph:

limeyphil:
and it appears that they can’t stop you from driving commercially due to not having a dcpc. but they could refuse to renew your licence when it comes up for renewal.

Why can’t they stop your driving commercially and how could they refuse to renew your license :confused:

You don’t need to do the DCPC period training in order to renew LGV entitlement.

it’s the european convention on human rights. the main part is everyone has the right to make a living.
the driver cpc forces someone that has already been making as a hgv driver to pay for more training, or lose their job.
although not doing the dcpc dosn’t actually take your licence away. it makes it worthless if you want to carry on making a living from hgv driving.
a similar argument has been used for many years in ireland. once an operators licence has been granted, it can’t be taken away. it’s against the constitution, but they can refuse to renew it.

I can’t see an ECHR argument against the DCPC succeeding.

There is no right to make a living amongst the ECHR Articles. Neither Article 4 (prohibition of slavery or forced labour) nor Article 8 (right to respect for private and family life) will capture a mandatory continuous training requirement.

The Human Rights Act 1998 incorporates the ECHR rights (other than the Article 13 right to effective remedy) into UK law. If there was a strong ECHR argument against the DCPC, the 1998 Act only gives limited force to ECHR rights. Section 3 of the 1998 Act requires legislation to be read in a way that is compatible with the Act “so far as is possible”. If this is not possible, the courts would have power, under section 8(1) of the 1998 Act, to quash the DCPC regulations.

Quashing the DCPC regulations would bring the UK into direct contravention of their obligation under Article 4(3) of the Treaty on European Union to implement their EU Treaty obligations, including the Article 288 of the Treaty on the Functioning of the European Union requirement to implement EU Directives in national law. A failure to implement the DCPC Directive would be likely to lead to action being brought in the Court of Justice of the European Union against the UK by the European Commission under Article 258 of the Treaty on the Functioning of the European Union. This is the mechanism that was used to put pressure on France to remove its ban on import of English beef after it was ruled there were no valid health concerns for the ban.

The EU endorses the European Convention on Human Rights, but there is no equivalent to the Human Rights Act 1998 in EU law, so there is no way to base an argument in the Court of Justice of the European Union on the ECHR.

In other words, I think a human rights argument is doomed because:1. there is no clear argument against mandatory professional training based on the articles of the European Convention on Human Rights

  1. mandatory ongoing professional training is commonplace in many areas of employment
  2. the UK had its chance to influence the DCPC directive during the EU legislative process
  3. the supremacy of EU law over domestic law in areas of EU competence is firmly established by a series of cases starting from Van Gend en Loos and finishing with the Factortame cases
  4. the UK has no right to depart unilaterally from EU law
  5. were the UK to depart from EU law, action would be brought in the Court of Justice of the European Union to bring the UK back into compliance
  6. the European Convention on Human Rights has no force in EU law (it is a common mistake to associate the ECHR with the EU - in fact, the Council of Europe, a body distinct from the EU, is responsible for the ECHR

On a positive side the driver CPC has provided new jobs,wealth for the providers( when I see some of the charges , any one that pays want their heads testing),wont make no differance to the job ,long hours,ect ect.ect

djw:
‘… I think a human rights argument is doomed because … the UK had its chance to influence the DCPC directive during the EU legislative process…’

Albeit that EU legislative processes are cripplingly dictatorial and instigated by unelected, largely unaccountable & faceless EU ‘civil servants’ paid for by us.

Meanwhile, our supposed leaders (in political as well as unions, etc) took it like the kow-towing sycophants they are. Why weren’t we as citizens (or more accurately as The Queen’s ‘subjects’) more directly consulted - rather than being told :question:

fuse:
‘…On a positive side the driver CPC has provided new jobs…’

For our £48m/day daily EU subscription that does not make a bargain :exclamation:

fuse:
On a positive side the driver CPC has provided new jobs,wealth for the providers( when I see some of the charges , any one that pays want their heads testing),wont make no differance to the job ,long hours,ect ect.ect

I must be doing this DCPC training thing wrong if I’m supposed to see ‘wealth for the providers’.

So far I’ve had to sell my Audi and now drive a Honda (oh the embarassment). I can’t afford to insure my motorbike anymore - so that’s probably gonna get sold and I just missed a mortgage payment so the house might be next. :frowning:

I’ll carry on though and wait for the wealth to roll in :unamused:

Latest figures suggest around 400,000 drivers haven’t done any DCPC training yet … including all the drivers that have done some and all the drivers that have done none - that leaves about 23,500,000 training hours yet to be completed by September 2014 - I’m wetting myself thinking about the wealth that’s gonna roll through my door.

I like the idea of it, I know some people who need to be taught simple drivers hours rules! And they say they hate the idea of the Cpc but they are still working under old regs!! “apparently” with more knowledge than the guys who will be teaching them…

I’m a driver and a transport manager and I will be putting our lads through hiab training (that they need anyway), drivers hours, digi Tacho (as we have just bought a new vehicle with one fitted), and what ever els I think will benefit them.

That’s the best thing about the Cpc, you don’t have to do the same course over and over!! They are getting more and more courses approved and it actually gives you an opportunity to learn something new!

ibson:
‘…They are getting more and more courses approved and it actually gives you an opportunity to learn something new…!’

Really :question:

I had an 8 hour (company & paid for) lesson session yesterday and learned that back in the day lorries once had three airlines; that lorries get blown over in high winds; that fifth wheels now have jaws & a safety pin and that pallets come in different shapes and designs.

At the end we got asked to fill in a form to tell them how good we thought having that knowledge would embellish our lives, etc.

Please someone save us from this undemocratically mandated EU twaddle :exclamation:

Happy Keith:

ibson:
‘…They are getting more and more courses approved and it actually gives you an opportunity to learn something new…!’

Really :question:

I had an 8 hour (company & paid for) lesson session yesterday and learned that back in the day lorries once had three airlines; that lorries get blown over in high winds; that fifth wheels now have jaws & a safety pin and that pallets come in different shapes and designs.

At the end we got asked to fill in a form to tell them how good we thought having that knowledge would embellish our lives, etc.

Please someone save us from this undemocratically mandated EU twaddle :exclamation:

I’m sorry to hear your course was crap. How your company wants to go about the Cpc if they are paying for it is up to them, I intend on putting our lot through things I believe they will benefit from and I will pick a training provider I have used for other things and trust.

People may wish all this would just go away but it’s not going to happen sadly, it’s not just us it affects, it’s a directive that’s been put into place over the entire EU and the Cpc is just our way of dealing with it.

I have many many years left in my working life and it’s going to be that much longer if i moan about things, I intend to look at the good aspects of things and try and make it work for me not work against me.