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Document 02003L0059-20190726

Consolidated text: Directive 2003/59/EC of the European Parliament and of the Council of 15 July 2003 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers, amending Council Regulation (EEC) No 3820/85 and Council Directive 91/439/EEC and repealing Council Directive 76/914/EEC

ELI: http://data.europa.eu/eli/dir/2003/59/2019-07-26

02003L0059 — EN — 26.07.2019 — 006.001


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DIRECTIVE 2003/59/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 15 July 2003

on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers, amending Council Regulation (EEC) No 3820/85 and Council Directive 91/439/EEC and repealing Council Directive 76/914/EEC

(OJ L 226 10.9.2003, p. 4)

Amended by:

 

 

Official Journal

  No

page

date

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COUNCIL DIRECTIVE 2004/66/EC of 26 April 2004

  L 168

35

1.5.2004

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COUNCIL DIRECTIVE 2006/103/EC of 20 November 2006

  L 363

344

20.12.2006

 M3

REGULATION (EC) No 1137/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 22 October 2008

  L 311

1

21.11.2008

►M4

COUNCIL DIRECTIVE 2013/22/EU of 13 May 2013

  L 158

356

10.6.2013

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DIRECTIVE (EU) 2018/645 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL Text with EEA relevance of 18 April 2018

  L 112

29

2.5.2018

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REGULATION (EU) 2019/1243 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 June 2019

  L 198

241

25.7.2019




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DIRECTIVE 2003/59/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 15 July 2003

on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers, amending Council Regulation (EEC) No 3820/85 and Council Directive 91/439/EEC and repealing Council Directive 76/914/EEC



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Article 1

Scope

This Directive shall apply to the activity of driving carried out by:

(a) nationals of a Member State, and

(b) nationals of third countries who are employed or used by an undertaking established in a Member State,

hereinafter referred to as ‘drivers’, engaged in road transport within the Union, on roads open to the public, using:

 vehicles for which a driving licence of category C1, C1 + E, C or C + E, as defined in Directive 2006/126/EC of the European Parliament and of the Council ( 1 ), or a driving licence recognised as equivalent, is required,

 vehicles for which a driving licence of category D1, D1 + E, D or D + E, as defined in Directive 2006/126/EC, or a driving licence recognised as equivalent, is required.

For the purposes of this Directive, the references to categories of driving licences containing a plus sign (‘+’) shall be read in accordance with the correspondence table set out in Annex III.

Article 2

Exemptions

1.  This Directive shall not apply to the drivers of vehicles:

(a) with a maximum authorised speed not exceeding 45 km/h;

(b) used by, or under the control of, the armed forces, civil defence, the fire service, forces responsible for maintaining public order, and emergency ambulance services, when the carriage is undertaken as a consequence of the tasks assigned to those services;

(c) undergoing road tests for technical development, repair or maintenance purposes, or the drivers of new or rebuilt vehicles which have not yet been put into service;

(d) for which a driving licence of category D or D1 is required and which are driven without passengers by maintenance personnel to or from a maintenance centre situated in the vicinity of the nearest maintenance base which is used by the transport operator, provided that driving the vehicle does not constitute the driver's principal activity;

(e) used in states of emergency or assigned to rescue missions, including vehicles used in the non-commercial transport of humanitarian aid;

(f) used for driving instruction for, and examination of, any person wishing to obtain a driving licence or a Certificate of Professional Competence (CPC), in accordance with Article 6 and Article 8(1), provided that they are not being used for the commercial carriage of goods and passengers;

(g) used for non-commercial carriage of passengers or goods;

(h) carrying material, equipment or machinery to be used by the drivers in the course of their work, provided that driving the vehicles is not the drivers' principal activity.

With regard to point (f) of this paragraph, this Directive shall not apply to any person wishing to obtain a driving licence or a CPC, in accordance with Article 6 and Article 8(1), when that person is undergoing additional driving training during work-based learning, where that person is accompanied by another person certified by a CPC, or a driving instructor, for the category of vehicle used for the purpose set out in that point.

2.  This Directive shall not apply where all the following conditions are met:

(a) drivers of vehicles operate in rural areas to supply the driver's own business,

(b) drivers do not offer transport services, and

(c) Member States consider that the transport is occasional and does not have an impact on road safety.

3.  This Directive shall not apply to drivers of vehicles used, or hired without a driver, by agricultural, horticultural, forestry, farming or fishery undertakings for carrying goods as part of their own entrepreneurial activity, except if driving is part of the driver's principal activity or the driving exceeds a distance set in national law from the base of the undertaking which owns, hires or leases the vehicle.

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Article 3

Qualification and training

1.  The activity of driving as defined in Article 1 shall be subject to a compulsory initial qualification and compulsory periodic training. To this end Member States shall provide for:

(a) a system of initial qualification

Member States shall choose between the following two options:

(i) option combining both course attendance and a test

In accordance with section 2(2.1) of Annex I, this type of initial qualification involves compulsory course attendance for a specific period. It shall conclude with a test. Upon successful completion of the test, the qualification shall be certified by a CPC as provided for in Article 6(1)(a);

(ii) option involving only tests

In accordance with section 2(2.2) of Annex I, this type of initial qualification does not involve compulsory course attendance but only theoretical and practical tests. Upon successful completion of the tests, the qualification shall be certified by a CPC as provided for in Article 6(1)(b).

However, a Member State may authorise a driver to drive within its territory before obtaining a CPC, when he or she is undergoing a national vocational training course of at least six months, for a maximum period of three years. In the context of this vocational training course, the tests referred to in points (i) and (ii) may be completed in stages;

(b) a system of periodic training

In accordance with section 4 of Annex I, periodic training involves compulsory course attendance. It shall be certified by a CPC as provided for in Article 8(1).

2.  Member States may also provide for a system of accelerated initial qualification so that a driver may drive in the cases referred to in Article 5(2)(a)(ii) and (b) and in Article 5(3)(a)(i) and (b).

In accordance with section 3 of Annex I, the accelerated initial qualification shall involve compulsory course attendance. It shall conclude with a test. Upon successful completion of the test, the qualification shall be certified by a CPC as provided for in Article 6(2).

3.  Member States may exempt drivers who have obtained the certificate of professional competence provided for in Directive 96/26/EC ( 2 ) from the tests referred to in paragraph 1(a)(i) and (ii) and in paragraph 2 in the subjects covered by the test provided for in that Directive and, where appropriate, from attending the part of the course corresponding thereto.

Article 4

Acquired rights

The following drivers shall be exempted from the requirement to obtain an initial qualification:

(a) drivers who hold a category D1, D1+E, D or D+E licence, or a licence recognised as equivalent, issued no later than two years after the final date for the transposition of this Directive;

(b) drivers who hold a category C1, C1+E, C or C+E licence, or a licence recognised as equivalent, issued no later than three years after the final date for the transposition of this Directive.

Article 5

Initial qualification

1.  Access to an initial qualification shall not require the corresponding driving licence to be obtained beforehand.

2.  Drivers of a vehicle intended for the carriage of goods may drive:

(a) from the age of 18:

(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 passengers 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).

Any Member State 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).

Any Member State 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.

5.  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 qualification, but rather only the parts specific to the new qualification.

Article 6

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 Annex I, hereinafter referred to as ‘approved training centre’. These courses shall cover all the subjects referred to in section 1 of Annex I. This training shall conclude with successful completion of the test provided for in section 2(2.1) of Annex I. 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 Annex I. The said authorities or entities shall supervise the test and, upon successful completion, issue the drivers with a CPC certifying an initial qualification.

(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 Annex I. These tests shall be organised by the Member States' competent authorities 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 Annex I. 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 Annex I.

This training shall conclude with the test provided for in section 3 of Annex I. 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 Annex I. The said authorities or entities shall supervise the test and, upon successful completion, issue the drivers with a CPC certifying an accelerated initial qualification.

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Article 7

Periodic training

Periodic training shall consist of training to enable holders of a CPC to update the knowledge which is essential for their work, with specific emphasis on road safety, health and safety at work, and the reduction of the environmental impact of driving.

That training shall be organised by an approved training centre, in accordance with section 5 of Annex I. Training shall consist of classroom teaching, practical training and, if available, training by means of information and communication technology (ICT) tools or on top-of-the-range simulators. 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 Annex I. It shall cover a variety of subjects and shall always include at least one road safety related subject. The training subjects shall take into account developments in the relevant legislation and technology, and shall, as far as possible, take into account the specific training needs of the driver.

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Article 8

CPC certifying periodic training

1.  When a driver has completed the periodic training referred to in Article 7, the Member States' competent authorities or the approved training centre shall issue him or her with a CPC certifying periodic training.

2.  The following drivers shall undergo a first course of periodic 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 occupation 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 periodic training for another of the categories provided for in those paragraphs.

Article 9

Place of training

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Drivers referred to in point (a) of Article 1 of this Directive shall obtain the initial qualification referred to in Article 5 of this Directive in the Member State in which they have their normal residence, as defined in Article 12 of Directive 2006/126/EC.

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Drivers referred to in Article 1(b) shall obtain that qualification in the Member State in which the undertaking is established or in the Member State 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 Member State in which they have their normal residence or the Member State in which they work.

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Article 10

Union code

1.  On the basis of the CPC certifying an initial qualification and the CPC certifying periodic training, Member States' competent authorities shall, taking into account the provisions of Article 5(2) and (3) of this Directive and Article 8 of this Directive, mark the harmonised Union code, ‘95’, provided for in Annex I to Directive 2006/126/EC, alongside the corresponding categories of licence:

 on the driving licence, or

 on the driver qualification card drawn up in accordance with the model shown in Annex II to this Directive.

If the competent authorities of the Member State where the CPC was obtained cannot mark the Union code on the driving licence, they shall issue the driver with a driver qualification card.

The driver qualification card issued by a Member State shall be mutually recognised. When the card is issued, the competent authorities shall check the validity of the driving licence for the category of vehicle concerned.

2.  A driver referred to in point (b) of Article 1 who drives vehicles used for the carriage of goods by road shall also be allowed to prove that he or she has the qualification and training provided for in this Directive by means of the driver attestation provided for in Regulation (EC) No 1072/2009 of the European Parliament and of the Council ( 3 ), provided that it bears the Union code, ‘95’. For the purposes of this Directive, the issuing Member State shall indicate the Union code, ‘95’ in the remarks section of the attestation if the driver concerned has fulfilled the qualification requirements and training requirements provided for in this Directive.

3.  Driver attestations that do not bear the Union code, ‘95’, and that were issued before 23 May 2020 in accordance with Article 5 of Regulation (EC) No 1072/2009, and in particular with paragraph 7 thereof, with a view to certifying compliance with training requirements under this Directive shall be accepted as a proof of qualification until their date of expiry.

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Article 10a

Enforcement network

1.  For enforcement purposes, Member States shall exchange information on CPCs issued or withdrawn. For this purpose Member States shall, in cooperation with the Commission, develop an electronic network or work on an extension of an existing network, taking into account the assessment by the Commission of the most cost-effective option.

2.  The network may contain information contained in the CPCs as well as information relating to administrative procedures related to CPCs.

3.  Member States shall ensure that the processing of personal data is carried out solely for the purposes of verifying compliance with this Directive, in particular the training requirements laid down in this Directive, in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council ( 4 ).

4.  Access to the network shall be secured. Member States may grant access only to the competent authorities responsible for the implementation of, and for the control of compliance with, this Directive.

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Article 11

Adaptation to scientific and technical progress

The Commission is empowered to adopt delegated acts in accordance with Article 11a amending Annexes I and II in order to adapt them to scientific and technical progress.

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Article 11a

Exercise of the delegation

1.  The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.  The power to adopt delegated acts referred to in Article 11 shall be conferred on the Commission for a period of five years from 26 July 2019. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3.  The delegation of power referred to in Article 11 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4.  Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making ( 5 ).

5.  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6.  A delegated act adopted pursuant to Article 11 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

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Article 13

Report

Before 10 September 2011 the Commission shall submit to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions 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 qualification. The report shall be accompanied by appropriate proposals, if necessary.

Article 14

Transposition and implementation

1.  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 10 September 2006. 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 10 September 2008 as regards the initial qualification required to drive vehicles in licence categories D1, D1+E, D and D+E;

 from 10 September 2009 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.

Article 15

Repeal

1.  Article 5 of Regulation (EEC) No 3820/85 is hereby amended as follows:

(a) paragraph 1 shall be repealed with effect from 10 September 2009.

(b) paragraphs 2 and 4 shall be repealed with effect from 10 September 2008.

2.  Directive 76/914/EEC shall be repealed with effect from 10 September 2009.

3.  The laws, regulations and administrative provisions adopted to comply with Directive 76/914/EEC shall cease to apply:

 from 10 September 2008 to drivers of vehicles for the carriage of passengers by road,

 from 10 September 2009 to drivers of vehicles for the carriage of goods by road.

Article 16

Entry into force

This Directive shall enter into force on the day of its publication in the Official Journal of the European Union.

Article 17

Addressees

This Directive is addressed to the Member States.




ANNEX I

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.

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The minimum level of qualification shall be comparable at least to level 2 of the European Qualifications Framework as provided for in Annex II to Recommendation of the European Parliament and of the Council of 23 April 2008 ( 6 ).

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1.   Advanced training in rational driving based on safety regulations

All licences

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.

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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:

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, use of electronic and mechanical devices such as Electronic Stability Program (ESP), Advanced Emergency Braking Systems (AEBS), Anti-Lock Braking System (ABS), traction control systems (TCS) and in vehicle monitoring systems (IVMS) and other, approved for use, driver assistance or automation devices.

1.3. Objective: ability to optimise fuel consumption:

optimisation of fuel consumption by applying know-how as regards points 1.1 and 1.2, importance of anticipating traffic flow, appropriate distance to other vehicles and use of the vehicle's momentum, steady speed, smooth driving style and appropriate tyre pressure, and familiarity with intelligent transport systems that improve driving efficiency and assist in route planning.

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1.3a. Objective: ability to anticipate, assess and adapt to risks in traffic:

to be aware of and adapt to different road, traffic and weather conditions, anticipate forthcoming events; to understand how to prepare and plan a journey during abnormal weather conditions; to be familiar with the use of related safety equipment and to understand when a journey has to be postponed or cancelled due to extreme weather conditions; to adapt to the risks of traffic, including dangerous behaviour in traffic or distracted driving (through the use of electronic devices, eating, drinking, etc.); to recognise and adapt to dangerous situations and to be able to cope with stress deriving therefrom, in particular related to size and weight of the vehicles and vulnerable road users, such as pedestrians, cyclists and powered two wheelers;

to identify possible hazardous situations and properly interpret how these potentially hazardous situations may turn into situations where crashes can no longer be averted and selecting and implementing actions that increase the safety margins to such an extent that a crash can still be averted in case the potential hazards should occur.

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Licences C, C+E, C1, C1+E

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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, use of automatic transmission systems, 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.

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Licences D, D+E, D1, D1+E

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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, specificities 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, use of automatic transmission systems, calculation of payload of vehicle or assembly, load distribution, consequences of overloading the axle, vehicle stability and centre of gravity.

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2.   Application of regulations

All licences

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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 Regulations (EC) No 561/2006 ( 7 ) and (EU) No 165/2014 ( 8 ) of the European Parliament and of the Council; 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.

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Licences C, C+E, C1, C1+E

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2.2. Objective: to know the regulations governing the carriage of goods:

transport operating licences, documents to be carried in the vehicle, bans on using certain roads, road-use fees, 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.

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Licences D, D+E, D1, D1+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

All licences

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 lorries/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 occupants 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 organisation, commercial and financial effects of a dispute.

Licences C, C+E, C1, C1+E

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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, shippers), different road transport activities (transport for hire or reward, own account, auxiliary transport activities), organisation of the main types of transport company and auxiliary transport activities, different transport specialisations (road tanker, controlled temperature, dangerous goods, animal transport, etc.), changes in the industry (diversification of services provided, rail-road, subcontracting, etc.).

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Licences D, D+E, D1, D1+E

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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 activities involving the carriage of passengers by road, disability awareness, crossing borders (international transport), organisation of the main types of companies for the carriage of passengers by road.

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Section 2:   Compulsory initial qualification provided for in Article 3(1)(a)

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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 set out in Directive 2006/126/EC.

When driving individually, the trainee driver must be accompanied by an instructor, employed by an approved training centre. Each trainee 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 regulations, in particular with regard to vehicle handling in different road conditions and the way they change with different atmospheric conditions, the time of day or night, and the ability to optimise fuel consumption.

Member States may allow part of the training to be delivered by the approved training centre by means of ICT tools, such as e-learning, while ensuring that the high quality and the effectiveness of the training are maintained, and by selecting the subjects where ICT tools can most effectively be deployed. In particular Member States shall require reliable user identification and appropriate means of control. Member States may count specific training required under other Union legislation as part of the training. This includes, but is not restricted to, training required under Directive 2008/68/EC of the European Parliament and of the Council ( 9 ) for the transport of dangerous goods, training on disability awareness under Regulation (EU) No 181/2011 of the European Parliament and of the Council ( 10 ) and training on animal transport under Council Regulation (EC) No 1/2005 ( 11 ).

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.

▼B

2.2.   Option involving a test

Member States' competent authorities or the entity designated by them shall organise the aforementioned theoretical 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.

▼M5

The vehicle used for the practical test must meet at least the requirements for test vehicles set out in Directive 2006/126/EC.

▼B

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.

▼M5

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.

Each trainee driver must drive for at least 10 hours individually in a vehicle of the category concerned which meets at least the requirements for test vehicles set out in Directive 2006/126/EC.

When driving individually, the trainee driver must be accompanied by an instructor, employed by an approved training centre. Each trainee driver may drive for a maximum of four hours of the 10 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 regulations, in particular with regard to vehicle handling in different road conditions and the way those road conditions change with different atmospheric conditions, the time of day or night, and the ability to optimise fuel consumption.

The provisions of the fourth paragraph of point 2.1 shall also apply to the accelerated initial qualification.

For the drivers referred to in Article 5(5), the length of the accelerated initial qualification must be 35 hours, including two-and-a-half 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.

Section 4:   Compulsory periodic training provided for in point (b) of Article 3(1)

Compulsory periodic training courses must be organised by an approved training centre. Their duration must be of 35 hours every five years, given in periods of at least seven hours, which may be split over two consecutive days. Whenever e-learning is used, the approved training centre shall ensure that the proper quality of the training is maintained, including by selecting the subjects where ICT tools can most effectively be deployed. In particular, Member States shall require reliable user identification and appropriate means of control. The maximum duration of the e-learning training shall not exceed 12 hours. At least one of the training course periods shall cover a road safety related subject. The content of the training shall take into account training needs specific to the transport operations carried out by the driver and relevant legal and technological developments and should, as far as possible, take into account specific training needs of the driver. A range of different subjects should be covered over the 35 hours, including repeat training where it is shown that the driver needs specific remedial training.

Member States may consider counting the completed specific training as required under other Union legislation for up to one of the stipulated seven-hour periods. That includes, but is not restricted to, training required under Directive 2008/68/EC for the transport of dangerous goods, training on animal transport under Regulation (EC) No 1/2005, and, for the carriage of passengers, training on disability awareness under Regulation (EU) No 181/2011. However, Member States may decide that completed specific training as required under Directive 2008/68/EC for the transport of dangerous goods counts as two of the seven-hour periods, provided that this is the only other training that is taken into account in the periodic training.

▼B

Section 5:   Approval of the initial qualification and periodic training

5.1. The training centres taking part in the initial qualification and periodic training must be approved by the Member States' competent authorities. Approval may be given only in response to a written application. The application must be accompanied by documents including:

5.1.1. a suitable qualification and training programme specifying the subjects taught and setting out the proposed implementing plan and teaching methods;

5.1.2. the instructors' qualifications and fields of activity;

5.1.3. information about the premises where the courses are given, the teaching materials, the resources made available for the practical work, and the vehicle fleet used;

5.1.4. the conditions regarding participation in the courses (number of participants).

5.2. The competent authority must give approval in writing subject to the following conditions:

5.2.1. the training must be given in accordance with the documents accompanying the application;

5.2.2. the competent authority must be entitled to send authorised persons to assist in the training courses of the approved centres, and must be entitled to monitor such centres, with regard to the resources used and the proper running of the training courses and tests;

5.2.3. the approval may be withdrawn or suspended if the conditions of approval are no longer complied with.

The approved centre must guarantee that the instructors have a sound knowledge of the most recent regulations and training requirements. As part of a specific selection procedure, the instructors must provide certification showing a knowledge of both the subject material and teaching methods. As regards the practical part of the training, instructors must provide certification of experience as professional drivers or similar driving experience, such as that of driving instructors for heavy vehicles.

The programme of instruction must be in accordance with the approval and must cover the subjects in the list in section 1.




ANNEX II

▼M5

ARRANGEMENTS FOR THE EUROPEAN UNION MODEL FOR A DRIVER QUALIFICATION CARD

▼B

1. The physical characteristics of the card must comply with ISO standards 7810 and 7816-1.

The methods for verifying the physical characteristics of the card to ensure that they are consistent with international standards must comply with ISO standard 10373.

2. The card has two sides:

side 1 contains:

(a) the heading ‘driver qualification card’ printed in large type in the official language or languages of the Member State issuing the card;

(b) the name of the Member State issuing the card (optional);

(c) the distinguishing sign of the Member State issuing the card, printed in negative in a blue rectangle and encircled by 12 yellow stars; the distinguishing signs are as follows:

B

:

Belgium

▼M2

BG

:

Bulgaria

▼B

CZ

:

Czech Republic

DK

:

Denmark

D

:

Germany

EST

:

Estonia

GR

:

Greece

E

:

Spain

F

:

France

▼M4

HR

:

Croatia

▼B

IRL

:

Ireland

I

:

Italy

CY

:

Cyprus

LV

:

Latvia

LT

:

Lithuania

L

:

Luxembourg

H

:

Hungary

M

:

Malta

NL

:

Netherlands

A

:

Austria

PL

:

Poland

P

:

Portugal

▼M2

RO

:

Romania

▼B

SLO

:

Slovenia

SK

:

Slovakia

FIN

:

Finland

S

:

Sweden

UK

:

United Kingdom;

(d) information specific to the card, numbered as follows:

1. surname of the holder;

2. first name of the holder;

3. date and place of birth of the holder;

4.

 

(a) date of issue;

(b) date of expiry;

(c) the name of the issuing authority (may be printed on side 2);

(d) a different number from the driving licence number for administrative purposes (optional);

5.

 

(a) driving licence number;

(b) serial number;

6. photograph of the holder;

7. signature of the holder;

8. normal place of residence, or postal address of the holder (optional);

▼M5

9. the categories of vehicles for which the driver satisfies the initial qualification and periodic training requirements;

▼B

(e)  ►M5  the title ‘European Union model’ in the language or languages of the Member State issuing the card and the heading ‘driver qualification card’ in the other official languages of the Union, printed in blue so as to form the background to the card: ◄

tarjeta de cualificación del conductor

▼M2

карта за квалификация на водача

▼B

Osvědčení profesní způsobilosti řidiče

chaufføruddannelsesbevis

Fahrerqualifizierungsnachweis

juhi ametipädevuse kaart

δελτίο επιμόρφωσης οδηγού

driver qualification card

carte de qualification de conducteur

cárta cáilíochta tiomána

▼M4

kvalifikacijska kartica vozača

▼B

carta di qualificazione del conducente

vadītāja kvalifikācijas apliecība

vairuotojo kvalifikacinė kortelė

gépjárművezetői képesítési igazolvány

karta ta’ kwalifikazzjoni tas-sewwieq

kwalificatiekaart bestuurder

karta kwalifikacji kierowcy

carta de qualificação do motorista

▼M2

Cartela de pregătire profesională a conducătorului auto

▼B

preukaz o kvalifikácii vodiča

kartica o usposobljenosti voznika

kuljettajan ammattipätevyyskortti

yrkeskompetensbevis för förare;

(f) the reference colours:

 blue: Pantone Reflex blue,

 yellow: Pantone yellow;

side 2 contains:

(a)

 

►M5  9. the categories of vehicles for which the driver satisfies the initial qualification and periodic training requirements;

10. the harmonised Union code, ‘95’, provided for in Annex I to Directive 2006/126/EC; ◄

11. a space reserved for the possible entry by the Member State issuing the card of essential administrative details or details relating to road safety (optional). If the details relate to a heading set out in this Annex, such details must be preceded by the corresponding heading number;

(b) an explanation of the numbered entries appearing on sides 1 and 2 of the card (at least headings 1, 2, 3, 4(a), 4(b), 4(c), 5(a), 5(b) and 10).

▼M4

If a Member State wishes to word these entries in a national language other than one of the following languages: Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish, it shall draw up a bilingual version of the card using one of the abovementioned languages, without prejudice to the other provisions of this Annex.

▼B

3.   Security, including data protection

The aim of the various constituent parts of the card is to rule out any forgery or tampering and to detect any attempts to do so.

The Member State must ensure that the level of security of the card is at least comparable to the level of security of the driving licence.

4.   Particular arrangements

After consulting the Commission, Member States may add colours or markings, such as a bar code, national symbols and security features, without prejudice to the other provisions of this Annex.

In connection with the mutual recognition of cards, the bar code may not contain any information other than that already legibly appearing on the driver qualification card or which is essential for the card-issuing process.

▼M5

5.   Transitional provisions

Driver qualification cards issued before 23 May 2020 shall be valid until their date of expiry.

▼M5

EUROPEAN UNION MODEL FOR A DRIVER QUALIFICATION CARD

image

►(1) M5  

▼M5




ANNEX III

CORRESPONDENCE TABLE FOR THE REFERENCES TO CERTAIN CATEGORIES OF DRIVING LICENCES



Reference in this Directive

Reference in Directive 2006/126/EC

C + E

CE

C1 + E

C1E

D + E

DE

D1 + E

D1E



( 1 ) Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006 on driving licences (OJ L 403, 30.12.2006, p. 18).

( 2 ) Council Directive 96/26/EC of 29 April 1996 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 establishment 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. 17).

( 3 ) Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (OJ L 300, 14.11.2009, p. 72).

( 4 ) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

( 5 ) OJ L 123, 12.5.2016, p. 1.

( 6 ) Recommendation of the European Parliament and of the Council of 23 April 2008 on the establishment of the European Qualifications Framework for lifelong learning (OJ C 111, 6.5.2008, p. 1).

( 7 ) Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (OJ L 102, 11.4.2006, p. 1).

( 8 ) Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport (OJ L 60, 28.2.2014, p. 1).

( 9 ) Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods (OJ L 260, 30.9.2008, p. 13).

( 10 ) Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004 (OJ L 55, 28.2.2011, p. 1).

( 11 ) Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1255/97 (OJ L 3, 5.1.2005, p. 1).

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