sou · GTB3109d2 · 2006-01-01 00:00:00 — (i)a vehicle in licence categories C and C+E, provided they hold a CPC as referred to in Article 6(1); (ii)a vehicle in licence categories C1 and C1+E, provided they hold a CPC as referred to in Article 6(2); (b)from the age of 21, a vehicle in licence categories C and C+E, provided they hold a CPC as referred to in Article 6(2). 3.Drivers of a vehicle intended for the carriage of passen- gers may drive: (a)from the age of 21: (i)a vehicle in licence categories D and D+E to carry passengers on regular services where the route does not exceed 50 kilometres and a vehicle in licence categories D1 and D1+E, provided they hold a CPC as referred to in Article 6(2). (1) Council Directive 96/26/EC of on admission to the occupation of road haulage operator and road passenger transport operator and mutual recognition of diplomas, certificates and other evidence of formal qualifications intended to facilitate for these operators the right to freedom of in national and international transport operations (OJ L 124, 23.5.1996, p. 1); Directive as last amended by Directive 98/76/EC (OJ L 277, 14.10.1998, p. may authorise drivers of vehicles in one of the abovementioned categories to drive such vehicles within its territory from the age of 18, provided they hold a CPC as referred to in Article 6(1); (ii)a vehicle in licence categories D and D+E, provided they hold a CPC as referred to in Article 6(1). may authorise drivers of vehicles in one of the abovementioned categories to drive such vehicles within its territory from the age of 20, provided they hold a CPC as referred to in Article 6(1). This may be reduced to the age of 18 where the driver drives such vehicles without passengers; (b)from the age of 23, a vehicle in licence categories D and D+E, provided they hold a CPC as referred to in Article 6(2). 4.Without prejudice to the age limits specified in paragraph 2, drivers undertaking carriage of goods who hold a CPC as provided for in Article 6 for one of the categories provided for in paragraph 2 of this Article shall be exempted from obtaining such a CPC for any other of the categories of vehicles referred to in that paragraph. These provisions shall apply under the same conditions to drivers undertaking carriage of passengers in the categories referred to in paragraph 3. Drivers undertaking carriage of goods who broaden or modify their activities in order to carry passengers, or vice versa, and who hold a CPC as provided for in Article 6, shall not be required to repeat the common parts of the initial quali- fication, but rather only the parts specific to the new qualifica- tion. CPC certifying the initial qualification 1.CPC certifying an initial qualification (a)CPC awarded on the basis of course attendance and a test In accordance with Article 3(1)(a)(i), Member States shall require trainee drivers to attend courses in a training centre approved by the competent authorities in accordance with section 5 of , hereinafter referred to as approved training centre. These courses shall cover all the subjects referred to in section 1 of . This training shall conclude with successful completion of the test provided for in section 2(2.1) of . That test shall be organised by the Member States' competent authorities or an entity designated by them and shall serve to check whether, for the aforementioned subjects, the trainee driver has the level of knowledge required in section 1 of . The said authorities or entities shall supervise the test and, upon successful completion, issue the drivers with a CPC certi- fying an initial qualification. L 226/8 (b)CPC awarded on the basis of tests In accordance with Article 3(1)(a)(ii), Member States shall require trainee drivers to pass the theoretical and practical tests referred to in section 2(2.2) of . These tests shall be organised by the Member States' competent autho- rities or an entity designated by them and shall serve to check whether, for all the aforementioned subjects, the trainee driver has the level of knowledge required in section 1 of . The said authorities or entities shall supervise the tests and, upon successful completion, issue the drivers with a CPC certifying an initial qualification. 2.CPC certifying an accelerated initial qualification In accordance with Article 3(2), Member States shall require trainee drivers to attend courses in an approved training centre. These courses shall cover all the subjects referred to in section 1 of . This training shall conclude with the test provided for in section 3 of . That test shall be organised by the Member States' competent authorities or an entity designated by them and shall serve to check whether, for the aforemen- tioned subjects, the trainee driver has the level of knowledge required in section 1 of . The said authorities or entities shall supervise the test and, upon successful completion, issue the drivers with a CPC certifying an accelerated initial qualifica- tion. Periodic training shall consist of training to enable holders of a CPC as referred to in Article 6 and the drivers referred to in Article 4 to update the knowledge which is essential for their work, with specific emphasis on road safety and the rationalisa- tion of fuel consumption. This training shall be organised by an approved training centre, in with section 5 of . If a driver moves to another undertaking, the periodic training already undergone must be taken into account. Periodic training shall be designed to expand on, and to revise, some of the subjects referred in section 1 of . CPC certifying periodic training When a driver has completed the periodic training referred to in Article 7, the Member States' competent authori- ties or the approved training centre shall issue him or her with a CPC certifying periodic training. The following drivers shall undergo a first course of peri- odic training: (a)holders of a CPC as referred to in Article 6, within five years of the issue of that CPC; (b)the drivers referred to in Article 4, within five years of the respective dates referred to in Article 14(2), in accordance with a timetable decided on by the Member States. Member States may reduce or extend the periods of time referred to in (a) and (b), inter alia, so that they coincide with the date of expiry of the driving licence or so as to ensure the gradual introduction of periodic training. The period may not, however, be shorter than three years or longer than seven years. 3.A driver who has completed a first course of periodic training as referred to in paragraph 2 shall undergo periodic training every five years, before the end of the period of validity of the CPC certifying periodic training. 4.Holders of the CPC as referred to in Article 6 or the CPC as referred to in paragraph 1 of this Article and the drivers referred to in Article 4 who have ceased pursuit of the occupa- tion and do not meet the requirements of paragraphs 1, 2 and 3, shall undergo a course of periodic training before resuming pursuit of the occupation. 5.Drivers undertaking the carriage of goods or passengers by road who have completed courses of periodic training for one of the licence categories provided for in Article 5(2) and (3) shall be exempt from the obligation to undergo further peri- odic training for another of the categories provided for in those paragraphs. Drivers referred to in Article 1(a) shall obtain the initial qualifi- cation referred to in Article 5 in the in which they have their normal , as defined in Article 14 of Regulation (EEC) No 3821/85 (1). Drivers referred to in Article 1(b) shall obtain that qualification in the in which the undertaking is established or in the which issued a work permit to them. Drivers referred to in Article 1(a) and 1(b) shall undergo the periodic training referred to in Article 7 in the in which they have their normal or the in which they work. (1) Council Regulation (EEC) No 3821/85 of on recording equipment in road transport (OJ L 370, 3.12.1985, p. 8); Regulation as last amended by Commission Regulation (EC) No 1360/2002 (OJ L 207, , p. L 226/9 On the basis of the CPC referred to in Article 6 and the CPC referred to in Article 8(1), Member States' competent authorities shall mark, taking into account the provisions of Article 5(2) and (3) and Article 8, the Community code provided for in paragraph 2 of this Article alongside the corre- sponding categories of licence: either on the driving licence, or on the driver qualification card drawn up in accordance with the model shown in . The driver qualification card issued by Member States shall be mutually recognised. When the card is issued, the competent authorities shall check the validity of the driving licence whose number is mentioned on the card. The following Community code shall be added to the list of harmonised Community codes as laid down in Annexes I and Ia to Directive 91/439/EEC: Driver holding a CPC complying with the obligation of professional competence referred to in Article 3 until (e.g. 95. (a) A driver referred to in Article 1(b) who drives vehicles used for the carriage of goods by road shall prove that he or she has the qualification and training provided for in this Directive by means of the driver's certificate provided for in Regulation (EC) No 484/2002 (1). In addition to the certificate, the may issue him or her with the driver qualification card provided for in , marked with the relevant Community code. (b)A driver referred to in Article 1(b) who drives vehicles used for the carriage of passengers by road shall prove that he or she has the qualification and training provided for in this Directive by means of: either the Community code marked on the Commu- nity model driving licence, where he or she is the holder of such a licence, or the driver qualification card provided for in , marked with the relevant Community code, or a national certificate whose validity on their territory is mutually recognised by the Member States. (1) Regulation (EC) No 484/2002 of Parliament and of 2002 amending Council Regulations (EEC) No 881/92 and (EEC) No 3118/93 for the purposes of establishing a driver attestation (OJ L 76, , p. Adaptation to scientific and technical progress The amendments necessary to adapt Annexes I and II to scien- tific and technical progress shall be adopted in accordance with the procedure laid down in Article 12(2). 1.The Commission shall be assisted by a committee. 2.Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply having regard to Article 8 thereof. The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months. 3.The Committee shall adopt its Rules of Procedure. Before the Commission shall submit to Parliament, the Council, Economic and and a report making an initial evaluation of the implementation of this Directive, in particular with regard to the equivalence of the various initial qualification systems provided for in Article 3, and the efficiency thereof in achieving the target level of quali- fication. The report shall be accompanied by appropriate proposals, if necessary. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before . They shall forthwith inform the Commission thereof. When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States. 2.Member States shall apply these measures: from as regards the initial qualification required to drive vehicles in licence categories D1, D1+E, D and D+E; from as regards the initial qualification required to drive vehicles in licence categories C1, C1+E, C and C+E. Member States shall forthwith inform the Commission thereof and shall assist each other in applying these measures. L 226/10 1.Article 5 of Regulation (EEC) No 3820/85 is hereby amended as follows: (a)paragraph 1 shall be repealed with effect from . (b)paragraphs 2 and 4 shall be repealed with effect from . 2.Directive 76/914/EEC shall be repealed with effect from 3.The laws, regulations and administrative provisions adopted to comply with Directive 76/914/EEC shall cease to apply: from to drivers of vehicles for the carriage of passengers by road, from to drivers of vehicles for the carriage of goods by road. This Directive shall enter into force on the day of its publica- tion in the . This Directive is addressed to the Member States. Done at , 15 2003. L 226/11 MINIMUM QUALIFICATION AND TRAINING REQUIREMENTS Section 1: List of subjects The knowledge to be taken into account by Member States when establishing the driver's initial qualification and periodic training must include at least the subjects in this list. Trainee drivers must reach the level of knowledge and practical competence necessary to drive in all safety vehicles of the relevant licence category. The minimum level of knowledge may not be less than level 2 of the training-level structure provided for in to Decision 85/368/EEC (1), i.e. the level reached during compulsory education, supplemented by professional training. 1.Advanced training in rational driving based on safety regulations A l l l i c e n c e s 1.1.Objective: to know the characteristics of the transmission system in order to make the best possible use of it: curves relating to torque, power, and specific consumption of an engine, area of optimum use of revolution counter, gearbox-ratio cover diagrams. 1.2.Objective: to know the technical characteristics and operation of the safety controls in order to control the vehicle, minimise wear and tear and prevent disfunctioning: specific features of hydraulic vacuum servobrake circuit, limits to the use of brakes and retarder, combined use of brakes and retarder, making better use of speed and gear ratio, making use of vehicle inertia, using ways of slowing down and braking on downhill stretches, action in the event of failure. 1.3.Objective: ability to optimise fuel consumption: optimisation of fuel consumption by applying know-how as regards points 1.1 and 1.2. L i c e n c e s C , C + E , C 1 , C 1 + E 1.4.Objective: ability to load the vehicle with due regard for safety rules and proper vehicle use: forces affecting vehicles in motion, use of gearbox ratios according to vehicle load and road profile, calculation of payload of vehicle or assembly, calculation of total volume, load distribution, consequences of overloading the axle, vehicle stability and centre of gravity, types of packaging and pallets; main categories of goods needing securing, clamping and securing techniques, use of securing straps, checking of securing devices, use of handling equipment, placing and removal of tarpaulins. L i c e n c e s D , D + E , D 1 , D 1 + E 1.5.Objective: ability to ensure passenger comfort and safety: adjusting longitudinal and sideways movements, road sharing, position on the road, smooth breaking, overhang operation, using specific infrastructures (public areas, dedicated lanes), managing conflicts between safe driving and other roles as a driver, interacting with passengers, peculiarities of certain groups of passengers (disabled persons, children). 1.6.Objective: ability to load the vehicle with due regard for safety rules and proper vehicle use: forces affecting vehicles in motion, use of gearbox-ratios according to vehicle load and road profile, calculation of payload of vehicle or assembly, load distribution, consequences of overloading the axle, vehicle stability and centre of gravity. (1) Council Decision 85/368/EEC of 16 1985 on the comparability of vocational training qualifications between the Member States of Community (OJ L 199, 31.7.1985, p. L 226/12 A l l l i c e n c e s 2.1.Objective: to know the social environment of road transport and the rules governing it: maximum working periods specific to the transport industry; principles, application and consequences of Regula- tions (EEC) No 3820/85 and (EEC) No 3821/85; penalties for failure to use, improper use of and tampering with the tachograph; knowledge of the social environment of road transport: rights and duties of drivers as regards initial qualification and periodic training. L i c e n c e s C , C + E , C 1 , C 1 + E 2.2.Objective: to know the regulations governing the carriage of goods: transport operating licences, obligations under standard contracts for the carriage of goods, drafting of documents which form the transport contract, international transport permits, obligations under the Convention on the Contract for the International Carriage of Goods by Road, drafting of the international consignment note, crossing borders, freight forwarders, special documents accompanying goods. L i c e n c e s D , D + E , D 1 , D 1 + E 2.3.Objective: to know the regulations governing the carriage of passengers: carriage of specific groups of passengers, safety equipment on board buses, safety belts, vehicle load. 3.Health, road and environmental safety, service, logistics A l l l i c e n c e s 3.1.Objective: to make drivers aware of the risks of the road and of accidents at work: types of accidents at work in the transport sector, road accident statistics, involvement of /coaches, human, material and financial consequences. 3.2.Objective: ability to prevent criminality and trafficking in illegal immigrants: general information, implications for drivers, preventive measures, check list, legislation on transport operator liability. 3.3.Objective: ability to prevent physical risks: ergonomic principles; movements and postures which pose a risk, physical fitness, handling exercises, personal protection. 3.4.Objective: awareness of the importance of physical and mental ability: principles of healthy, balanced eating, effects of alcohol, drugs or any other substance likely to affect behaviour, symptoms, causes, effects of fatigue and stress, fundamental role of the basic work/rest cycle. 3.5.Objective: ability to assess emergency situations: behaviour in an emergency situation: assessment of the situation, avoiding complications of an accident, summoning assistance, assisting casualties and giving first aid, reaction in the event of fire, evacuation of occu- pants of a lorry/bus passengers, ensuring the safety of all passengers, reaction in the event of aggression; basic principles for the drafting of an accident report. 3.6.Objective: ability to adopt behaviour to help enhance the image of the company: behaviour of the driver and company image: importance for the company of the standard of service provided by the driver, the roles of the driver, people with whom the driver will be dealing, vehicle maintenance, work organi- sation, commercial and financial effects of a dispute. L i c e n c e s C , C + E , C 1 , C 1 + E 3.7.Objective: to know the economic environment of road haulage and the organisation of the market: road transport in relation to other modes of transport (competition, ), different road transport activities (transport for hire or reward, own account, auxiliary transport activities), organisation of the main types of trans- port company and auxiliary transport activities, different transport specialisations (road tanker, controlled temperature, etc.), changes in the industry (diversification of services provided, rail-road, subcontracting, etc.). L 226/13 L i c e n c e s D , D + E , D 1 , D 1 + E 3.8.Objective: to know the economic environment of the carriage of passengers by road and the organisation of the market: carriage of passengers by road in relation to other modes of passenger transport (rail, private car), different activ- ities involving the carriage of passengers by road, crossing borders (international transport), organisation of the main types of companies for the carriage of passengers by road. Section 2: Compulsory initial qualification provided for in Article 3(1)(a) 2.1.Option combining both course attendance and a test Initial qualification must include the teaching of all subjects in the list under section 1. The duration of this initial qualification must be 280 hours. Each trainee driver must drive for at least 20 hours individually in a vehicle of the category concerned which meets at least the requirements for test vehicles as defined in Directive 91/439/EEC. When driving individually, the trainee driver must be accompanied by an instructor, employed by an approved training centre. Each driver may drive for a maximum of eight hours of the 20 hours of individual driving on special terrain or on a top-of-the-range simulator so as to assess training in rational driving based on safety regu- lations, in particular with regard to vehicle handling in different road conditions and the way they change with different atmospheric conditions and the time of day or night. For the drivers referred to in Article 5(5) the length of the initial qualification must be 70 hours, including five hours of individual driving. At the end of that training, Member States' competent authorities or the entity designated by them shall give the driver a written or oral test. The test must include at least one question on each of the objectives in the list of subjects under section 1. 2.2.Option involving a test Member States' competent authorities or the entity designated by them shall organise the aforementioned theore- tical and practical tests to check whether the trainee driver has the level of knowledge required in section 1 for the subjects and objectives listed there. (a)The theoretical test shall consist of at least two parts: (i)questions including multiple-choice questions, questions requiring a direct answer, or a combination of both; (ii)case studies. The minimum duration of the theoretical test must be four hours. (b)The practical test shall consist of two parts: (i)a driving test aimed at assessing training in rational driving based on safety regulations. The test must take place, whenever possible, on roads outside built-up areas, on fast roads and on motorways (or similar), and on all kinds of urban highways presenting the different types of difficulties that a driver is liable to encounter. It would be desirable for this test to take place in different traffic density conditions. The driving time on the road must be used optimally in order to assess the candidate in all traffic areas likely to be encountered. The minimum duration of this test must be 90 minutes; (ii)a practical test covering at least points 1.4, 1.5, 1.6, 3.2, 3.3 and 3.5. The minimum duration of this test must be 30 minutes. The vehicle used for the practical test must meet at least the requirements for test vehicles as defined in Direc- tive 91/439/EEC. The practical test may be supplemented by a third test taking place on special terrain or on a top-of-the-range simulator so as to assess training in rational driving based on safety regulations, in particular with regard to vehicle handling in different road conditions and the way they change with different atmospheric conditions and the time of day or night. The duration of this optional test is not fixed. Should the driver undergo such a test, its duration may be deducted from the 90 minutes of the driving test referred to under (i), but the time deducted may not exceed 30 minutes. For the drivers referred to in Article 5(5), the theoretical test must be limited to the subjects, referred to in section 1, which are relevant to the vehicles to which the new initial qualification applies. However, such drivers must undergo the whole practical test. L 226/14 Section 3: Accelerated initial qualification provided for in Article 3(2) Accelerated initial qualification must include the teaching of all subjects in the list in section 1. Its duration must be 140 hours.