tachograph:
The EU directive that required member states of the EU to initiate DCPC training only requires 35 hours training every five years but you want to make the requirement stricter by requiring 7 hours per year, what happens if a driver misses a year does he have to stop driving commercially
Any unilateral tightening of this requirement by the UK would be unenforceable:
- European Union law is supreme over UK law in areas of EU competence- section 2 European Communities Act 1972 (the key UK legislation that makes EU law effective in the UK)
- Article 4(3) Treaty on European Union (Member States must take all measures necessary to implement Treaty objectives)
- Article 288 Treaty on the Functioning of the European Union (Directives are binding as to the result to be achieved but the form of implementation is a matter for Member States)
- Van Gend en Loos (the European Economic Community is ‘a new legal order’, EU law is supreme over earlier domestic law)
- Costa v ENEL (EU law is supreme over domestic law, irrespective of date)
- Simmenthal (domestic law is of no effect to the extent of any conflict with EU law)
- the Factortame cases (which cemented the complete supremacy of EU law over UK law)
[/:m]- The courts are obliged to interpret national law in line with the EU law it purports to implement, so far as that is possible (so-called indirect effect - Von Colson and Marleasing)[/:m] - Ultimately the UK would have to pay compensation to anyone who suffered loss because of the UK introducing an implementation of the Directive that does not faithfully follow EU law (so-called State liability - Francovich, Brasserie du Pecheur / Factortame (No. 3) and R v HM Treasury, ex parte British Telecommunications)[/*:m][/list:u]
As can be seen, European Union law has a whole system built around it that attempts to ensure uniform implementation across the EU. (How well this works is a matter of debate, however!)
Solly:
Reading DIRECTIVE 2003/59/EC can you confirm that Annex I of that directive contains all the modules “Minimum Qualification and Training Requirements” that can be taken to qualify for the DCPC?
If so… I think you would agree… the content of some of the modules haven’t been made apparent to some drivers.
Annex I of Directive 2003/59 contains the syllabus for initial driver CPC. How well the Module 2 and Module 4 tests cover that material is a matter of debate, but the majority of LGV and PCV drivers at present will have acquired rights rather than having taken the initial DCPC tests.
dieseldave:
shep532:
But - look at ADR. 5 years before you have to retake it … I think that is rediculous as legislation often changes.Yep, that’s right… ADR is completely binned and re-published every two years, and it’s as regular as clockwork.
ADR training, like all training to regulations, is teaching you how to apply the key principles of the regulations. There comes a cut-off after which some form of ongoing training is necessary - in ADR this is the five-yearly refresher - but the onus is on the drivers, DGSAs and others involved to apply the latest version of the regulations at all times. If you need to check something, you’d look it up anyway - you can’t possibly commit every detail of a complex set of regulations such as ADR to memory.
Lawyers don’t have to completely requalify every few years - which is just as well as it takes a minimum of four or five years (accelerated law degree in two years, one year’s postgraduate vocational training, a year’s pupillage for a trainee barrister or two years employment as a trainee solicitor).