Directive (EU) 2022/2561 of the European Parliament and of the Council of 14 December 2022 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers (codification) (Text with EEA relevance)

• CELEX: Directive (EU) 2022/2561
• Articles: 21

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.

Schedules & Appendices

ANNEX I MINIMUM QUALIFICATION AND TRAINING REQUIREMENTS

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 driving licence category.

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 the Recommendation of the European Parliament and of the Council of 23 April 2008

( 1 ) .

1.   Advanced training in rational driving based on safety regulations

All driving 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.

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.

Driving licences C, C + E, C1, C1 + E

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.

Driving licences D, D + E, D1, D1 + E

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.   Application of regulations

All driving licences

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.

Driving licences C, C + E, C1, C1 + E

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.

Driving 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 driving 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.

Driving licences C, C + E, C1, C1 + E

3.7.

Objective: to know the economic environment of road haulage and the organisation of the market:

road transport in relation to other modes of transport (competition, 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.).

Driving licences D, D + E, D1, D1 + E

3.8.

Objective: to know the economic environment of the carriage of passengers by road and the organisation of the market:

carriage of passengers by road in relation to other modes of passenger transport (rail, private car), different 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.

Section 2

Compulsory initial qualification provided for in article 3(1)(a)

2.1.

Option combining both course attendance and a test

Initial qualification must include the teaching of all subjects in the list under Section 1. The duration of this initial qualification must be 280 hours.

Each trainee driver must drive for at least 20 hours individually in a vehicle of the category concerned which meets at least the requirements for test vehicles as 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.

(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 1.5, 1.6, 1.7, 3.2, 3.3 and 3.5. The minimum duration of this test must be 30 minutes.

The vehicle used for the practical test must meet at least the requirements for test vehicles 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.

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 article 3(1)(b)

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.

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 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.

( 1 )   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 ).

( 2 )   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 ).

( 3 )   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 ).

( 4 )   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 ).

( 5 )   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 ).

( 6 )   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 ).

ANNEX II ARRANGEMENTS FOR THE EUROPEAN UNION MODEL FOR A DRIVER QUALIFICATION CARD

ANNEX II

ARRANGEMENTS FOR THE EUROPEAN UNION MODEL FOR A DRIVER QUALIFICATION CARD

1.   Physical characteristics of the driver qualification card

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

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

2.   Information appearing on the driver qualification card

The driver qualification card must have two sides.

Side 1 must contain:

(a)

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

(b)

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

(c)

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:

B

:

Belgium

BG

:

Bulgaria

CZ

:

Czechia

DK

:

Denmark

D

:

Germany

EST

:

Estonia

IRL

:

Ireland

GR

:

Greece

E

:

Spain

F

:

France

HR

:

Croatia

I

:

Italy

CY

:

Cyprus

LV

:

Latvia

LT

:

Lithuania

L

:

Luxembourg

H

:

Hungary

M

:

Malta

NL

:

Netherlands

A

:

Austria

PL

:

Poland

P

:

Portugal

RO

:

Romania

SLO

:

Slovenia

SK

:

Slovakia

FIN

:

Finland

S

:

Sweden

(d)

information specific to the driver qualification 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);

9.

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

(e)

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:

tarjeta de cualificación del conductor

карта за квалификация на водача

osvědčení profesní způsobilosti řidiče

chaufføruddannelsesbevis

Fahrerqualifizierungsnachweis

juhi pädevustunnistus

δελτίο επιμόρφωσης οδηγού

driver qualification card

carte de qualification de conducteur

cárta cáilíochta tiománaí

kvalifikacijska kartica vozača

carta di qualificazione del conducente

vadītāja kvalifikācijas apliecība

vairuotojo kvalifikacinė kortelė

gépjárművezetői képesítési igazolvány

karta ta’ kwalifika tas-sewwieq

kwalificatiekaart bestuurder

karta kwalifikacji kierowcy

carta de qualificação de motorista

cartelă de pregătire profesională a conducătorului auto

kvalifikačná karta vodiča

kartica o usposobljenosti voznika

kuljettajan ammattipätevyyskortti

yrkeskompetensbevis för förare;

(f)

the reference colours:

—

blue: Pantone Reflex blue,

—

yellow: Pantone yellow;

Side 2 must contain:

(a)

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 driver qualification 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 driver qualification card (at least headings 1, 2, 3, 4(a), 4(b), 4(c), 5(a), 5(b) and 10).

If a Member State wishes to word these entries in a national language other than 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 driver qualification card using one of those languages, without prejudice to the other provisions of this Annex.

3.   Security, including data protection

The aim of the various constituent parts of the driver qualification 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 driver qualification 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 driver qualification 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.

5.   Transitional provisions

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

6.   European Union model for a driver qualification card

ANNEX III CORRESPONDENCE TABLE FOR THE REFERENCES TO CERTAIN CATEGORIES OF DRIVING LICENCES

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

ANNEX IV

ANNEX IV

Part A

Repealed Directive with list of the successive amendments thereto

(referred to in Article 14)

Directive 2003/59/EC of the European Parliament and of the Council

( OJ L 226, 10.9.2003, p. 4 ).

Council Directive 2004/66/EC

( OJ L 168, 1.5.2004, p. 35 ).

only point IV.2 of the Annex

Council Directive 2006/103/EC

( OJ L 363, 20.12.2006, p. 344 ).

only point A.6 of the Annex

Regulation (EC) No 1137/2008 of the European Parliament and of the Council

( OJ L 311, 21.11.2008, p. 1 ).

only point 9.11 of the Annex

Council Directive 2013/22/EU

( OJ L 158, 10.6.2013, p. 356 ).

only point A.4 of the Annex

Directive (EU) 2018/645 of the European Parliament and of the Council

( OJ L 112, 2.5.2018, p. 29 ).

only Article 1 and Annex

Regulation (EU) 2019/1243 of the European Parliament and of the Council

( OJ L 198, 25.7.2019, p. 241 ).

only point IX.5 of the Annex

Part B

Time-limits for transposition into national law and dates of application

(referred to in Article 14)

Directive

Time-limit for transposition

Date of application

2003/59/EC

10 September 2006

10 September 2008 as regards the initial qualification required to drive vehicles in driving licence categories D1, D1+E, D and D+E

10 September 2009 as regards the initial qualification required to drive vehicles in driving licence categories C1, C1+E, C and C+E

(EU) 2018/645

23 May 2020, with the exception of Article 1, point 6

23 May 2021 as regards Article 1, point 6

ANNEX V CORRELATION TABLE

ANNEX V

CORRELATION TABLE

Directive 2003/59/EC

This Directive

Articles 1 to 7

Articles 1 to 7

Article 8(1)

Article 8(1)

Article 8(2), first subparagraph, introductory wording and point (a)

Article 8(2), first subparagraph

Article 8(2), first subparagraph, point (b)

–

Article 8(2), second subparagraph

Article 8(2), second subparagraph

Article 8(3), (4) and (5)

Article 8(3), (4) and (5)

Articles 9 and 10

Articles 9 and 10

Article 10a

Article 11

Article 11

Article 12

Article 11a

Article 13

Article 13

–

Article 14

–

Article 15

Article 14

Article 16

Article 15

Article 17

Article 16

Annex I

Annex I

Annex II

Annex II

Annex III

Annex III

–

Annex IV

–

Annex V