Section 1 Scope of application

Transcription

1 Please note: The translation of this legal act into English language is a service for informational purposes only and shall not be legally binding. The Federal Office for Goods Transport does not therefore guarantee that the information provided is up to date, correct or Act on the initial qualification and periodic training of drivers of certain motor vehicles for the carriage of goods or passengers (Professional Drivers' Qualification Act) Valid in this version since 17 June 2013

2 Section 1 Scope of application (1) The purpose of this Act is to improve road safety, in particular, by imparting special skills and knowledge related to driving activities and applies to drivers who: 1. are German nationals; 2. are nationals of another Member State of the European Union or another state party to the Agreement on the European Economic Area; or 3. are nationals of a third country and are employed or used by an undertaking established in a Member State of the European Union or a state party to the Agreement on the European Economic Area; if they are engaged in the carriage of goods or passengers for hire or reward on public roads using vehicles for which a category C1, C1E, C, CE, D1, D1E, D or DE driving licence is required. (2) Notwithstanding subsection (1), this Act does not apply to journeys made by: 1. motor vehicles with a maximum authorized speed not exceeding 45 kilometres per hour; 2. motor vehicles used by, or subject to the instructions of, the Federal Armed Forces, the troops and civilian component of the other states parties to the North Atlantic Treaty, the police forces of the Federal Government and the federal states, customs, civil defence and disaster control forces, and the fire service; 3. vehicles used for emergency rescue by the emergency services recognized under federal state law; 4. vehicles which: a) are undergoing road tests for technical development or for repair or maintenance purposes or for technical inspection; b) are being used in the performance of functions assigned to experts or inspectors within the meaning of section 1 of the Motor Vehicle Traffic Experts Act or Annex VIIIb to the Road Vehicles Registration and Licensing Regulations; or c) are new or rebuilt vehicles and have not yet been put into service; 5. motor vehicles carrying material or equipment to be used by the driver in the course of his or her work, provided that driving the motor vehicle is not the driver's principal activity; 6. training vehicles used at a driving school and motor vehicles used to obtain an initial qualification under section 4(1) and (2) or during periodic training under section 5;

3 7. motor vehicles used for the non-commercial carriage of passengers or goods for personal use. Section 2 Minimum age, qualification (1) The carriage of goods by road for hire or reward 1. using a motor vehicle for which a category C or CE driving licence is required may only be engaged in by persons who: a) have reached the age of 18 and carry with them evidence that they have obtained the relevant initial qualification required by section 4(1); or b) have reached the age of 21 and carry with them evidence that they have obtained the relevant accelerated initial qualification required by section 4(2); 2. using a motor vehicle for which a category C1 or C1E driving licence is required may only be engaged in by persons who have reached the age of 18 and carry with them evidence that they have obtained the relevant initial qualification required by section 4(1) or the relevant accelerated initial qualification required by section 4(2). (2) The carriage of passengers for hire or reward 1. using a motor vehicle for which a category D or DE driving licence is required may only be engaged in by persons who: a) have reached the age of 18 and carry with them evidence that they have obtained the relevant initial qualification required by section 4(1)(2); or b) have reached the age of 21 and carry with them evidence that they have obtained the relevant initial qualification required by section 4(1)(1) or the accelerated initial qualification required by section 4(2); if passengers are being carried on regular services in accordance with sections 42 and 43 of the Carriage of Passengers Act on routes whose length does not exceed 50 kilometres; 2. using a motor vehicle for which a category D1 or D1E driving licence is required may only be engaged in by persons who: a) have reached the age of 18 and carry with them evidence that they have obtained the relevant initial qualification required by section 4(1)(2); or b) have reached the age of 21 and carry with them evidence that they have obtained the relevant initial qualification required by section 4(1)(1) or the accelerated initial qualification required by section 4(2);

4 3. using a motor vehicle for which a category D or DE driving licence is required may only be engaged in by persons who: a) have reached the age of 20 and carry with them evidence that they have obtained the relevant initial qualification required by section 4(1)(2); or b) have reached the age of 21 and carry with them evidence that they have obtained the relevant initial qualification required by section 4(1)(1); or c) have reached the age of 23 and carry with them evidence that they have obtained the relevant accelerated initial qualification required by section 4(2). (3) An operator may neither cause nor permit a driver to undertake a journey as described in subsection (1) or (2), including in conjunction with subsection (5), if the driver does not meet the conditions specified therein. (4) If a driver has obtained a qualification required within the age limits specified in subsection (1) or (2), the evidence of this shall supersede the evidence required when the driver reaches the next age limit. (5) Evidence of periodic training shall supersede evidence referred to in subsection (1) or (2) if such training is required by section 5. (6) For a period not exceeding three years, compliance with the minimum age shall not be required if the driver is undergoing a vocational training course as described in section 4(1)(2); a copy of the contract of training shall supersede the evidence referred to in subsection (1) or (2). The period referred to in the first sentence shall commence on the day on which a driving licence is issued for the relevant category in accordance with subsection (1) or (2). Section 3 Acquired rights Subject to section 5, section 2(1) and (2) does not apply to drivers who: 1. hold a category D1, D1E, D or DE driving licence or a driving licence of an equivalent category issued before 10 September 2008; 2. hold a category C1, C1E, C or CE driving licence or a driving licence of an equivalent category issued before 10 September The first sentence also applies to drivers who: 1. held a category D1, D1E, D or DE driving licence or a driving licence of an equivalent category before 10 September 2008;

5 2. held a category C1, C1E, C or CE driving licence or a driving licence of an equivalent category before 10 September 2009; and this licence has been withdrawn, or the driver has relinquished it, or its period of validity has expired. Section 4 Obtaining an initial qualification (1) An initial qualification shall be obtained by: 1. passing a theory and practical test conducted by a chamber of industry and commerce in accordance with a statutory instrument based on section 8(1)(1); or 2. completing a vocational training course in the regulated professions of "professional driver" or "skilled transport employee" or in a state-recognized regulated profession in which comparable skills and knowledge relating to the operation of motor vehicles on public roads are imparted. (2) An accelerated initial qualification shall be obtained by attending a course at an approved training centre and passing a theory test conducted by a chamber of industry and commerce in accordance with a statutory instrument based on section 8(1)(1). (3) The purpose of the initial qualifications referred to in subsection (1) or (2) is to improve road safety and the general professional competence of drivers by providing them with special skills and knowledge related to their activities; in each case, they are obtained in relation to specific driving licence categories. (4) A person who, as part of their training for obtaining an initial qualification or accelerated initial qualification, drives a motor vehicle on public roads and does not hold a driving licence of the category required for this vehicle must be accompanied by a person who holds a valid driving instructor s licence in accordance with the Driving Instructors Act for the respective driving licence category. During these journeys, the accompanying person shall be deemed to be the driver of the motor vehicle for the purposes of the Road Traffic Act. The vehicle must satisfy the requirements of a vehicle approved for driver training. Section 5 Periodic training (1) A first periodic training course shall be completed: 1. five years after a driver has obtained an initial qualification or an accelerated initial qualification; 2. between 10 September 2008 and 10 September 2013 in the case referred to in paragraph (1) of the first sentence and paragraph (1) of the second sentence of section 3;

6 3. between 10 September 2009 and 10 September 2014 in the case referred to in paragraph (2) of the first sentence and paragraph (2) of the second sentence of section 3. The periodic training course shall be repeated at intervals of five years. Notwithstanding the period referred to in the first sentence, the periodic training course may by completed at an earlier or later date corresponding to the end of validity of the driving licence if: 1. in the case of paragraph (1) of the first sentence, the resultant period is not shorter than three years and not longer than seven years; 2. in the case of paragraph (2) of the first sentence, the date is before 10 September 2015; 3. in the case of paragraph (3) of the first sentence, the date is before 10 September Periodic training shall be undertaken by attending a course at an approved training centre. It shall be designed to keep up to date the skills and knowledge imparted by the initial qualification course and shall apply to all driving licence categories for which there is compulsory periodic training. (2) A person who has obtained an initial qualification or completed a periodic training course and is subsequently no longer employed as a driver in the carriage of goods or passengers by road for hire or reward shall complete a periodic training course if this activity is resumed and at this point in time the periods referred to subsection (1) have expired. The first sentence shall also apply when a driving licence is re-issued in the case referred to in the second sentence of section 3. (3) If a driver moves to another undertaking, any periodic training they have already received shall be credited. Section 6 Place of training and testing Drivers whose normal residence is in the Federal Republic Germany or who hold an EU work permit issued in the Federal Republic of Germany or a residence permit showing that gainful employment is permitted (Section 4(2) of the Residence Act) must: 1. obtain their initial qualification in the Federal Republic of Germany; 2. complete their periodic training course in the Federal Republic of Germany or in the Member State of the European Union or another state party to the Agreement on the European Economic Area in which they are employed. Section 7 Approval and supervision of training centres (1) Approved training centres for accelerated initial qualification and periodic training shall be: 1. driving schools licensed to provide category CE or DE training pursuant to section 10(2) of the Driving Instructors Act, provided that this licence has not been suspended;

7 2. driving schools and driving instructor training centres which, in accordance with section 30(3) of the Driving Instructors Act, do not require a driving school licence or recognition; 3. companies that provide vocational training in the regulated professions referred to in section 4(1)(2); 4. educational institutions that provide retraining as a professional driver or a skilled transport employee on the basis of an arrangement enacted in accordance with section 58 or section 59 of the Vocational Training Act, in both cases in conjunction with section 60 of the Vocational Training Act; 5. the training centres approved by the state in accordance with subsection (2). (2) Training centres for accelerated initial qualification and periodic training shall be approved by the state by the authority competent under federal state law if: 1. they meet the manpower and material conditions for imparting the knowledge and skills required for accelerated initial training and periodic training; 2. they employ a sufficient number of instructors in an appropriate ratio to the number of participants attending initial qualification and periodic training courses; 3. suitable training premises and teaching materials for theory lessons are present; 4. they ensure that their instructors receive continuous periodic training; 5. there are no facts that cast doubts on the good repute of the applicant. (3) The approval referred to in subsection (2) shall be revoked if the conditions for approval are no longer met. In all other respects, this shall be without prejudice to the provisions governing the repeal of administrative acts. (4) The training centres for accelerated initial qualification and periodic training shall, in their activities, observe the provisions of this Act and the statutory instrument made on the basis of section 8. Supervision of the activity of the training centres referred to in subsection 1(1) and (5) shall be the responsibility of the authority competent under federal state law. To this end, it may take all measures that are necessary. It may, in particular, demand that its representatives be given access to the classrooms and business premises during usual office and business hours to conduct tests and inspections and take part in the instruction. In addition, it may prohibit a training centre referred to in subsection 1(1) from performing activities under this Act if it does not meet the conditions set out in subsection (2). Supervision of the activity of the training centres referred to in subsection 1(3) and (4) shall be the responsibility of the chambers of industry and commerce. The fourth and fifth sentences apply to them mutatis mutandis.

8 Section 8 Statutory instruments (1) The Federal Ministry of Transport, Building and Urban Development is empowered, after consulting the Federal Ministry of Economics and Technology and the Federal Ministry of Education and Research, to make a statutory instrument with the consent of the Bundesrat governing: 1. further details relating to obtaining initial qualification and periodic training, in particular the conditions regarding the admission of applicants, the contents of the course and tests and the issuance of certificates; 2. the local responsibility of the chambers of industry and commerce; 3. more detailed conditions and the procedure for approving training centres for accelerated initial qualification and periodic training; 4. evidence plus supervision and the procedure; provision may also be made for the evidence to be issued by authorities responsible for issuing driving licences. (2) The chambers of industry and commerce shall regulate the testing procedure by means of statutes, which shall require the approval of the competent top-level federal state authority. (3) The federal state governments are empowered to make statutory instruments determining the authorities responsible for implementing this Act. The federal state governments may devolve this power to the competent top-level federal state authority. Section 9 Administrative Fines Regulations (1) A person who, deliberately or negligently and in contravention of section 2(1) or (2), in both cases in conjunction with subsection (5), drives a vehicle is guilty of an administrative offence. (2) A person who, in contravention of section 2(3), causes or permits another person to drive a vehicle is guilty of an administrative offence. (3) A person guilty of an administrative offence under subsection (1) shall be liable to an administrative fine not exceeding five thousand euros; a person guilty of an offence under subsection (2) shall be liable to a fine not exceeding twenty thousand euros. (4) If the administrative offence is detected during a check performed by the Federal Office for Goods Transport or is committed in a company whose headquarters are abroad, the administrative authority within the meaning of section 36(1)(1) of the Administrative Offences Act shall be the Federal Office for Goods Transport. In all other cases, the administrative authority within the meaning of section 36(1)(1) of the Administrative Offences Act shall be the authority determined under section 8(3).