Do those driving such vehicles under a category B licence need CPC?
Anyone driving under a category B licence is out of scope of the Directive. What about when operating under a category D licence? In those circumstances where the driver must hold a category D (or D1) licence, we consider it would be difficult to argue that they are operating commercially in the normal sense of that word. Whilst they may, in certain situations, carry passengers for hire and reward, the operation as a whole must be without a view to profit. That does not easily fit with the usual interpretation of commercial activity. Consequently, we believe that these drivers would be covered by the exemption provided at Article 2(f) of the Directive (vehicles used for non-commercial carriage of passengers) However, we must stress that it will be for the courts to decide whether our interpretation is correct. We would strongly recommend anyone in doubt as to whether they need a CPC to take independent legal advice. Would you recommend that a driver who does not need a CPC obtains it?
