Directive 2022/2561 - Initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers (codification) - Main contents

EN

Official Journal of the European Union

L 330/46

Directive 2003/59/EC of the European Parliament and of the Council (3) has been substantially amended several times (4). In the interests of clarity and rationality, that Directive should be codified.

In its White Paper of 28 March 2011, entitled ‘Roadmap to a Single European Transport Area – Towards a competitive and resource efficient transport system’, the Commission sets out a ‘vision zero’ objective according to which the Union should move to a position where there are close to zero fatalities in road transport by 2050.

The Commission, in its communication on policy orientations on road safety for 2011-2020, entitled ‘Towards a European road safety area: policy orientations on road safety 2011-2020’, proposed the goal of further halving the overall number of road fatalities in the Union by 2020, starting from 2010. With a view to reaching this goal, the Commission laid down seven strategic objectives, including improving the education and training of road users and the protection of vulnerable road users.

A binding target of a domestic reduction in economy-wide greenhouse gas emissions of at least 40 % by 2030 compared to 1990 was endorsed by the European Council of 23 to 24 October 2014. This target for emissions reduction will help to fulfil the long-term goals of the Paris Agreement adopted in 2015 under the United Nations Framework Convention on Climate Change (5), and all sectors of the economy should contribute to achieving it. The transport sector needs a comprehensive approach for the promotion of emission reductions and energy efficiency. Progress should be made towards low-emission mobility, inter alia, through research and through the introduction of technological advances that are already available. Drivers need to be properly trained to drive in the most efficient manner.

To enable drivers to meet the demands relating to the road transport market, Union rules on the minimum level of training for road transport drivers should be applicable to all drivers, whether they drive as self-employed or salaried workers, and whether on their own account or for hire or reward.

Union rules on the minimum level of training for road transport drivers should be aimed at ensuring that, by means of his or her qualification, the driver is of a standard to have access to and carry out the activity of driving.

More particularly, the obligation to hold an initial qualification and to undergo periodic training is intended to improve road safety and the safety of the driver, including during operations carried out by the driver while the vehicle is stopped. Furthermore, the modern nature of the profession of driver should arouse young people’s interest in the profession, contributing to the recruitment of new drivers at a time of shortage.

To avoid unequal conditions of competition, this Directive should apply to the activity of driving carried out both by nationals of a Member State and by nationals of third countries who are employed or used by an undertaking established in a Member State.

It is desirable, in order to respect the principles of Union law, that drivers of vehicles used to carry out transport where this is considered to have a lesser impact on road safety or where the requirements of this Directive would impose a disproportionate economic or social burden should be exempted from the application of this Directive.

Certain exemptions should be laid down in relation to situations where driving is not the principal activity of the driver and where it would impose a disproportionate burden on drivers to require them to comply with the requirements of this Directive. Generally, driving is deemed not to be the driver’s principal activity where it occupies less than 30 % of the rolling monthly working time.

Where the driving occurs infrequently, takes place in rural areas and is carried out by drivers who are supplying their own business, exemptions should apply, provided that road safety is still ensured. Due to the different conditions in rural areas within the Union in terms of geography, climate and population density, Member States should have discretion in determining whether such driving can be considered to be occasional and whether such an exemption has an impact on road safety, for example on the basis of the type of road, the traffic volume or the presence of vulnerable road users.

Since the distances that persons working in agriculture, horticulture, forestry, farming and fishery, who are exempted from this Directive, need to cover in the course of their work vary across the Union, it should be left to Member States to determine, in their national law, maximum permissible distances, calculated from the undertaking’s base, to which the exemptions apply.

In order to establish that the driver complies with his or her obligations, Member States should issue the driver with a certificate of professional competence (CPC) certifying his or her initial qualification or periodic training.

Member States should be able to choose between several options so as to facilitate the implementation of the provisions relating to the initial qualification.

In order to maintain their qualification of driver, existing drivers should be obliged to undergo periodic retraining in the skills essential for their profession.

Those drivers who were exempted from the initial qualification requirement should, while continuing to benefit from that exemption, nonetheless be required to undergo periodic training to ensure that their knowledge of matters which are essential for their work remains up-to-date.

The minimum requirements to be met for initial qualification and periodic training concern the safety rules to be observed when driving and while the vehicle is stopped. The development of defensive driving (anticipating danger, making allowance for other road users), which goes hand in hand with rational fuel consumption, should have a positive impact both on society and on the road transport sector itself.

This Directive should not affect the rights acquired by a driver who has held the driving licence necessary to carry out the activity of driving since before the date laid down for obtaining a CPC certifying the corresponding initial qualification or periodic training.

Only training centres which have been approved by the competent authorities of the Member States should be able to organise the training courses laid down for the initial qualification and the periodic training. To ensure the quality of such approved centres, the competent authorities should set harmonised criteria for their approval, including that of a well-established high level of professionalism.

Not only the competent authorities of the Member States but also any entity designated by them should be responsible for organising the tests provided for in connection with the initial qualification and the periodic training. Given the importance of this Directive for road safety and for the equality of conditions of competition, the competent authorities of the Member States should supervise such tests.

Member States should prescribe that the first course of periodic training is to be completed and should issue the corresponding CPC within the five years following either the date of issue of the CPC certifying the initial qualification or the expiry date of the time limit set for certain drivers to claim their acquired rights. It should also be possible for those time limits to be shortened or extended. Following the first course of periodic training, the driver should undergo periodic training every five years.

To certify that a driver who is a national of a Member State is the holder of one of the CPCs provided for by this Directive, and to facilitate mutual recognition of the various CPCs, Member States should affix the harmonised Union code laid down for that purpose, together with the code’s expiry date, either to the driving licence or to the driver qualification card, to be mutually recognised by Member States, the standard model of which is depicted in Annex II to this Directive. That card should meet the same security requirements as the driving licence, given the importance of the rights which it confers for road safety and the equality of conditions of competition.

Member States, in cooperation with the Commission, should electronically exchange information on CPCs. They should develop the necessary electronic platform, taking into account a cost-benefit analysis by the Commission, including the option of expanding the EU driving licence network set up under Directive 2006/126/EC of the European Parliament and of the Council (6). Among other benefits, that will allow Member States to easily access information on completed training which is not documented on the driving licence of the driver. It is important that Member States and the Commission make efforts to develop that functionality further, with the goal of real-time access during roadside checks.

Taking into account developments in training and education, and in order to enhance the contribution of this Directive to road safety and the relevance of training for drivers, subjects relating to road safety should be dealt with in the training courses, such as hazard perception, the protection of vulnerable road users, in particular pedestrians, cyclists and persons with limited mobility, fuel-efficient driving, driving in extreme weather conditions and carrying abnormal loads. In that context, the courses should also relate to intelligent transport systems and should evolve in order to keep pace with technological developments.

Member States should be provided with a clear option to improve and modernise training practices with the use of information and communication technology (ICT) tools, such as e-learning and blended learning, for part of the training, while ensuring the quality of the training. When improving and modernising training practices with the use of ICT tools, it is important to take into account the fact that some specific topics require hands-on training and cannot be properly addressed with such learning tools: for example, fitting snow chains or securing loads, or other training elements where the practical side is important. Practical training could, but does not have to, consist of driving. A substantial amount of the training required under this Directive should be carried out at an approved training centre.

To ensure consistency between the different forms of training required under Union law, Member States should have the possibility of combining different types of relevant training: for example, it should be possible for them to combine training on the transport of dangerous goods, on disability awareness or on animal transport, with the training provided for in this Directive.

To prevent differences in practices between Member States from impeding mutual recognition and restricting the right of drivers to undergo the periodic training in the Member State where they work, Member State authorities should be required, if completed training cannot be marked on the driving licence, to issue a driver qualification card, in the form prescribed by the standard model depicted in Annex II to this Directive, that will ensure mutual recognition for every driver who fulfils the requirements of this Directive.

The use of driver attestations by drivers from third countries as evidence of compliance with the training requirements might present an obstacle for drivers when the haulier returns the attestation to the issuing authorities, particularly when those drivers wish to take up employment in another Member State. To avoid situations where, under such circumstances, drivers have to repeat their training when taking up new employment, Member States should be encouraged to cooperate and exchange information on driver qualifications.

Special certification provisions should be laid down for drivers covered by this Directive who are nationals of third countries.

In order to adapt this Directive to scientific and technical progress, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending Annexes I and II to this Directive. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (7). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

Since the objective of this Directive, namely the setting out of a Union-wide standard of initial qualification and periodic training for drivers of certain road vehicles for the carriage of goods or passengers, cannot be sufficiently achieved by the Member States but can rather, by reason of the cross-border nature of road transport and of the issues this Directive is intended to address, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.

This Directive should be 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,

nationals of a Member State, and

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

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.

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

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;

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;

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;

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

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;

used for non-commercial carriage of passengers or goods;

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.

the drivers of vehicles operate in rural areas to supply their own business;

the drivers do not offer transport services;

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

a system of initial qualification

Member States shall choose between the following two options:

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;

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).

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;

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.

from the age of 18:

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).

from the age of 21:

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).

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.

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.

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.

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:

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.

1.4.

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

to be aware of and adapt to different road, traffic and weather conditions, and to 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 the size and weight of the vehicles and to vulnerable road users, such as pedestrians, cyclists and powered two wheelers;

to identify possible hazardous situations and properly interpret how they 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 the event that the possible hazardous situations occur.

1.5.

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.

1.6.

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 (persons with disabilities, children).

1.7.

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.

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 (2) and (EU) No 165/2014 (3) 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.

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.

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.

3.1.

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.

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.).

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.

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 those road conditions 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 (4) for the transport of dangerous goods, training on disability awareness under Regulation (EU) No 181/2011 of the European Parliament and of the Council (5) and training on animal transport under Council Regulation (EC) No 1/2005 (6).

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 tests

Member States’ competent authorities or the entity designated by them shall organise theoretical and practical tests as referred to in Article 3(1), point (a)(ii), to check whether the trainee driver has the level of knowledge required by Section 1 for the subjects and objectives listed therein.

The minimum duration of the theoretical test must be four hours.

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

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 those road conditions 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 point (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.

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:

5.2.

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

The approved centre must guarantee that the instructors have sound knowledge of the most recent regulations and training requirements. As part of a specific selection procedure, the instructors must provide certification showing 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.

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

the name of the Member State issuing the driver qualification card (optional);

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

information specific to the driver qualification card, numbered as follows:

the title ‘European Union model’ in the language or languages of the Member State issuing the driver qualification 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 driver qualification card:

the reference colours:

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