Legal provisions of COM(2021)34 - Initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers (codification)

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dossier COM(2021)34 - Initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers ...
document COM(2021)34 EN
date December 14, 2022


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, 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 to this Directive.

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 the first subparagraph, point (f), 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 who is 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)the drivers of vehicles operate in rural areas to supply their own business;

(b)the drivers do not offer transport services;

(c)the 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.

Article 3

Qualification and training

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

(a)a system of initial qualification

Member States shall choose between the following two options:

(i)an option combining both course attendance and a test

In accordance with Section 2, point 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), point (a);

(ii)an option involving only tests

In accordance with Section 2, point 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), point (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 shall involve 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), point (a)(ii) and point (b), and Article 5(3), point (a)(i) and point (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 Regulation (EC) No 1071/2009 of the European Parliament and of the Council (8) from the tests referred to in paragraph 1, point (a)(i) and (ii), and in paragraph 2 of this Article, in the subjects covered by the test provided for in that Regulation 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 driving licence, or a driving licence recognised as equivalent, issued no later than 9 September 2008;

(b)drivers who hold a category C1, C1 + E, C or C + E driving licence, or a driving licence recognised as equivalent, issued no later than 9 September 2009.

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 driving licence categories C and C + E, provided that they hold a CPC as referred to in Article 6(1);

(ii)a vehicle in driving licence categories C1 and C1 + E, provided that they hold a CPC as referred to in Article 6(2);

(b)from the age of 21, a vehicle in driving licence categories C and C + E, provided that 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 driving licence categories D and D + E to carry passengers on regular services where the route does not exceed 50 kilometres and a vehicle in driving licence categories D1 and D1 + E, provided that they hold a CPC as referred to in Article 6(2).

Any Member State may authorise drivers of vehicles in one of those categories to drive such vehicles within its territory from the age of 18, provided that they hold a CPC as referred to in Article 6(1);

(ii)a vehicle in driving licence categories D and D + E, provided that they hold a CPC as referred to in Article 6(1).

Any Member State may authorise drivers of vehicles in one of those categories to drive such vehicles within its territory from the age of 20, provided that 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 driving licence categories D and D + E, provided that they hold a CPC as referred to in Article 6(2).

4. Without prejudice to the age limits specified in paragraph 2 of this Article, drivers undertaking the 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 of the other categories of vehicles referred to in that paragraph.

These provisions shall apply under the same conditions to drivers undertaking the carriage of passengers in the categories referred to in paragraph 3.

5. Drivers undertaking the 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. A CPC may be awarded to certify an initial qualification, in the following circumstances:

(a)CPC awarded on the basis of course attendance and a test

In accordance with Article 3(1), point (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 (‘approved training centre’). Those courses shall cover all the subjects referred to in Section 1 of Annex I. That training shall conclude with the successful completion of the test provided for in Section 2, point 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 subjects referred to in Section 1 of Annex I, the trainee drivers have the level of knowledge required by that Section. 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), point (a)(ii), Member States shall require trainee drivers to pass the theoretical and practical tests referred to in Section 2, point 2.2 of Annex I. Those tests shall be organised by the Member States’ competent authorities or an entity designated by them and shall serve to check whether, for the subjects referred to in Section 1 of Annex I, the trainee drivers have the level of knowledge required by that Section. The said authorities or entities shall supervise the tests and, upon successful completion, issue the drivers with a CPC certifying an initial qualification.

2. A CPC may be awarded to certify an accelerated initial qualification.

In accordance with Article 3(2), Member States shall require trainee drivers to attend courses in an approved training centre. Those courses shall cover all the subjects referred to in Section 1 of Annex I.

That 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 subjects referred to in Section 1 of Annex I, the trainee drivers have the level of knowledge required by that Section. The said authorities or entities shall supervise the test and, upon successful completion, issue the drivers with a CPC certifying an accelerated initial qualification.

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 ICT tools or using top-of-the-range simulators. If a driver moves to another undertaking, the periodic training already undergone shall be taken into account.

Periodic training shall be designed to expand on, and to revise, some of the subjects referred to 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.

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 that the periodic training was completed.

2. Holders of a CPC as referred to in Article 6 shall undergo a first course of periodic training within five years of the issue of that CPC.

Member States may reduce or extend the period of time referred to in the first subparagraph, inter alia, so that it coincides with the date of expiry of the driving licence. 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 or in accordance with Article 8(2), first subparagraph, point (b), of Directive 2003/59/EC shall undergo periodic training every five years, before the end of the period of validity of the CPC certifying that the periodic training was completed.

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 the exercise of their occupation and who do not meet the requirements of paragraphs 1, 2 and 3 of this Article shall undergo a course of periodic training before resuming the exercise 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 driving licence categories provided for in Article 5(2) and (3) shall be exempt from the obligation to undergo further periodic training for any of the other categories provided for in those paragraphs.

Article 9

Place of training

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

Drivers referred to in Article 1, point (b), shall obtain that initial qualification in the Member State where the undertaking is established or in the Member State which issued a work permit to them.

Drivers referred to in Article 1, points (a) and (b), shall undergo the periodic training referred to in Article 7 in the Member State where they have their normal residence or the Member State where they work.

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 Article 5(2) and (3) 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 driving licence:

—on the driving licence, or

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

If the competent authorities of the Member State where the CPC was obtained cannot mark the harmonised 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 driver qualification 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 Article 1, point (b), of this Directive 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 (9), 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.

Article 11

Enforcement network

1. For enforcement purposes, Member States shall exchange information on CPCs issued or withdrawn. For that 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 (10).

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.

Article 12

Adaptation to scientific and technical progress

The Commission is empowered to adopt delegated acts in accordance with Article 13 concerning the amendment of Annexes I and II in order to adapt them to scientific and technical progress.

Article 13

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 12 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 12 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. 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 12 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.

Article 14

Repeal

Directive 2003/59/EC, as amended by the acts listed in Part A of Annex IV is repealed, without prejudice to the obligations of the Member States relating to the time-limits for the transposition into national law and the dates of application of the Directives set out in Part B of Annex IV.

References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex V.

Article 15

Entry into force

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

Article 16

Addressees

This Directive is addressed to the Member States.