When new regulations are introduced, licences from the old rules may still be valid. The new rules may also give new rights to these licence holders. These are known as grandfather rights or acquired rights.
In the UK, grandfather rights on driving licences have been introduced multiple times. This helps to keep the logistics industry running as regulations change. Here are the key examples of when grandfather rights were introduced for HGV drivers.
1997 – UK and EU regs combine
In 1997, the UK and EU HGV driving regulations were combined and standardised. Prior to this if you passed your test before June 1990 the UK categories were HGV 1, 2 and 3. All HGV1, HGV2 and HGV3 licence holders were able to drive any type of vehicle permitted by the European C+E license. HGV2 & 3 however came with a restriction where these categories could only tow drawbar trailers, a code 102 was added to the licence to show the restriction.
Anyone with a standard car driving license issued prior to 1997 is allowed to drive category C1+E vehicles, as long as that vehicle does not exceed 8250kg. Anyone hoping to become a HGV driver after 1997 would have to test for and acquire a European licence appropriate for the type of driving they wished to do.
2009 – CPC introduced
In 2009, the certificate of professional competence (CPC) was introduced. The driver CPC is a qualification that permits drivers of lorries, buses, or coaches to work. New drivers aiming for C1 licenses or above need to achieve an initial CPC by passing theory and practical tests, as well as a case study. To keep driving professionally and maintain the CPC, drivers must complete 35 hours of training every five years.
However, those who had category C1 and above or equivalent licenses issued prior to 2009 were not required to gain the initial CPC qualification. They also did not have to record their 35 hours of training until 2014, five years after the CPC was introduced.
Regulations and licences will continue to change over time. Therefore, acquired rights will continue to change over time as well. It’s important for both drivers, and the businesses hiring them, to stay aware of the regulatory changes and any acquired rights. This ensures drivers have the correct licences for the work they are doing.
If you are a qualified HGV driver and are interested in a new role, explore the jobs we have available.