A challenge to the lawfulness of the Driver CPC Regulations on the grounds that the EU Directive has been misinterpreted, has been adjourned until the beginning of June at Bolton Crown Court.
Hull driver Craig Watts had been convicted by the Bury Magistrates of failing to have undertaken periodic Driver CPC training, being fined £110 and ordered to pay £400 prosecution costs plus a £20 victim surcharge.
Mr Watts, who had been a Class D licence holder since 10 September 2008, was checked when his vehicle was at the Birch Services on the M62 motorway by DVSA Traffic Examiner Christine Finnegan and found not to be in possession of a Driver CPC card.
He appealed against his conviction to Bolton Crown Court on the basis that the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007 are null and void in law and of no effect.
He argued this because of the exemption contained in paragraph 11 the EU Directive that states: “This Directive should not affect the rights acquired by a driver who has held the driving licence necessary to carry out the activity of driving since before the date laid down for obtaining a CPC certifying the corresponding initial qualification or the periodic training.”
In adjourning the hearing until 2 June, Judge Gordon Smith directed that DVSA serve their counter arguments on the defence within 28 days.