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Decree Of January 3, 2008 On The Approval Of The Authorized Vocational Training Centres To Provide The Initial And Continuing Vocational Training For Drivers Of Road Transport Of Goods And Passengers

Original Language Title: Arrêté du 3 janvier 2008 relatif à l'agrément des centres de formation professionnelle habilités à dispenser la formation professionnelle initiale et continue des conducteurs du transport routier de marchandises et de voyageurs

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Texts transposed

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

Summary

Transposition of European Directive No.2003-59 of 15 July 2003 OF THE EUROPEAN PARLMENT AND OF THE COUNCIL on the initial qualification and continuing training of drivers of certain road vehicles assigned to the carriage of goods or passengers, amending Council Regulation (EEC) No. 3820/85 and Council Directive 91/439/EEC and repealing Council Directive 76/914/EEC.

Keywords

EUROPEAN , COMPLETE TRANSPOSITION


JORF no.0024 of 29 January 2008 page 1684
text No. 5



Decree of 3 January 2008 on the accreditation of vocational training centres authorized to provide initial and continuing professional training for drivers of road transport of goods and passengers

NOR: DEVT0774013A ELI: https://www.legifrance.gouv.fr/eli/arrete/2008/1/3/DEVT0774013A/jo/texte


Minister of State, Minister of Ecology, Development and Sustainable Development,
Vu le Decree No. 2007-1340 of 11 September 2007 concerning the initial qualification and continuing training of drivers of certain vehicles assigned to road transport of goods or passengers, including Article 13;
Considering the opinion issued on 12 December 2007 by the National Council for Vocational Training throughout life;
On the proposal of the Director General of the Sea and Transport,
Stop it!

Article 1 Learn more about this article...


The licence to be approvedarticle 15 of the decree of 11 September 2007 referred to above is issued by the prefect of the region to vocational training centres to provide compulsory training of drivers defined to the Articles 4, 6 and 8 of the decree of 11 September 2007 referred to above. Accreditation may be granted to provide either of these trainings for drivers of road transport of goods and/or road transport of passengers.
It is granted for a maximum period of five years from the date of issue. He's renewable.

Article 2 Learn more about this article...


Accreditation may be requested by:
I. ― Vocational training centres for at least two years at the date of the first application for accreditation:
- either graduated or qualified professional training as road drivers preparing:
1. For the carriage of goods, the certificate of professional fitness (CAP) road freight driver, the patent of professional studies (BEP) conduct and services in road transport or in professional titles (TP) of driver of road transport of goods on all vehicles (CTRMV) or on carrier (CTRMP) issued by the Minister responsible for employment;
2. For the carriage of passengers, the Certificate of Professional Aptitude (CAP) of a welcoming and driving officer, or the Professional (TP) of a road driver of the long distance passenger transport (CTRIV) or the Professional (TP) of a commercial and urban passenger transport operator (ACCTRUV) issued by the Minister responsible for employment;
―along training of road drivers of goods or passengers of a duration greater than or equal to 140 hours after the driving licence, respectively, of category C or EC or of category D or ED.
II. ― The incumbent vocational training centres, until 10 September 2008 for the carriage of passengers and up to 10 September 2009 for the carriage of goods, of the approval granted pursuant to the decrees of 15 January 2003, 22 February 2005 and 24 June 2005 relating to the accreditation of the vocational training centres authorized to provide the minimum mandatory training and the continuous training of employees for the public road transport of passengers, public and non-employed drivers

Article 3 Learn more about this article...


Accreditation is granted, or if renewed, where the vocational training centre referred to in section 2 meets the following criteria:
― the quality of the professional training of road drivers of goods and/or travellers dispensed for 2 years or, if this is an application for licence renewal, exempted since obtaining the previous accreditation;
― the effectiveness of these trainings measured in terms of placement and employment of trainees in companies, following their training;
- the appropriate organization of responsibilities within the institution and the adequacy of the means implemented;
– the adequacy of the costs of training to the delivery provided.

Article 4 Learn more about this article...


Applications for approval, as set out in Appendix I to this Order, include the Centre's commitment:
1. To comply with the programs and procedures for the implementation of mandatory professional training for road drivers, including verifying that trainees have the driver's licenses, titles or certificates required to be able to register for the planned training;
2. To establish a material and educational organization adapted to the training provided;
3. To ensure that trainers and/or company monitors meet the requirements set out in Annex II and to provide them with training to maintain and update their knowledge in the areas in which they provide mandatory professional training of road drivers;
4. To present to the prefect of the region an annual review of the compulsory professional training of road drivers carried out and to make available to him the necessary elements to enable him to ensure regular monitoring of the course of training in accordance with the training programmes;
5. To communicate to the prefect of the region every year the new contracts or agreements concluded in the past year by which it has entrusted other accredited training institutions with the implementation of part of the mandatory training of road drivers as well as the changes in previous contracts during that same period;
6. To be carried out in all cases, including where a portion of the mandatory training has been assigned to another approved training organization, the reception of trainees in training, the verification of documents, titles or diplomas provided for in 1 above and the final evaluation of these trainings.

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The geographic scope of the accreditation is regional. However, the registered centre may have secondary establishments in its location area or in a neighbouring department of that area, operating under the responsibility of the main establishment.
The application file must show the number, location and specific characteristics and means of these secondary establishments.
When one of these secondary establishments is located in a neighbouring department of the area in which the principal establishment is located, the accreditation is issued by the prefect of the region in which the principal establishment is located after the advice of the prefect of the region in which the secondary establishment is located.

Article 6 Learn more about this article...


Any opening of a secondary school must be the subject of a prior request addressed to the regional prefect by the head of the approved training centre. The latter shall indicate the location, characteristics and means of the new secondary school. Closing a secondary school must be reported to the prefect of the region.
These openings or closures of secondary establishments do not alter the duration of the licence referred to in section 1.

Article 7 Learn more about this article...


Any centre that is in the process of validity that entrusts, by contract or agreement, part of the mandatory training to another approved training organization must, prior to its implementation, send a copy of the contract or agreement to the regional prefect of which it is geographically located.

Article 8 Learn more about this article...


Must meet the requirements set out in Annex II:
– Trainers of an accredited training centre, and
― company monitors that provide mandatory professional training for road drivers under the responsibility of an accredited training centre.
However, they are not subject to these requirements by trainers and trainers who, as of 10 September 2008, for the carriage of passengers, and as of 10 September 2009, for the carriage of goods, carry out their training activities, respectively, in the training centres mentioned in II of section 2 or under the responsibility of the same centres.

Article 9 Learn more about this article...


The decision of January 15, 2003 on the accreditation of vocational training centres authorized to provide mandatory minimum initial training and the mandatory continuing safety training of employee drivers of passenger toll public road transport is repealed as of September 10, 2008.
Orders of 22 February 2005 and 24 June 2005 relating to the accreditation of vocational training centres authorized to provide mandatory minimum initial training and the mandatory continuing security training of employee and non-employed drivers of public road transport of goods and employee drivers of private road transport of goods are repealed as of 10 September 2009.

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The Director General of the Sea and Transport is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.

  • Annex



    A N N E X E I


    CAHIER DES CHARGES ET LISTE DES DOCUMENTS À FOURNIR PAR LES CENTRES DE FORMATION PROFESSIONNELLE CANDIDATS À L'AGRÉMENT ou À SON RENOUVELLEMENT


    I. ― Composition of the accreditation file
    (First application or renewal)


    General information on the establishment:
    - name and quality of the establishment (legal, postal and electronic address, telephone, fax, contact person);
    ― copy of the reporting of activityArticle L. 920-4 of the Labour Code ;
    - rules of procedure of the training centre applicable to trainees;
    - forecasting of the income and expenses of the applicant centre;
    ― copy of contracts or conventions by which the applicant centre entrusts to another approved training centre the realization of part of the mandatory training of the driver. These documents must accurately reflect the part of the mandatory trainings carried out or to be carried out by the requesting centre and the one entrusted to the co-contracting centre, as well as the human and material resources available to it to carry out the planned training;
    - for the centres mentioned in I of Article 2 (centres carrying out diplomat, qualifying or long training as road drivers):
    ― pedagogical assessment(s) of graduate, qualifying or long-term vocational trainings completed for two years and financial balance(s);
    - copy of the prefectural approval decision for establishments preparing for the professional title of road drivers;
    a copy of the agreement with the Ministry of National Education for institutions that have entered into such a convention;
    - any agreement or document that allows to appreciate the experience and know-how of the facility in the area of long (superior or equal to 140 hours) road conduct beyond the driver's licence;
    for the centres referred to in Article 2 II:
    ― pedagogical evaluations of initial and/or continuing compulsory vocational trainings and graduate or qualifying trainings carried out in the last three years by the Centre or since the date of the last approval.
    Averages of the establishment:
    The establishment must have sufficient staff and equipment in line with the nature and content of the planned internships and the number of trainees per internship.
    The facilities of the facility will be specified from the following information:
    ― nature and number of FIMO and/or FCO courses and/or "bridge" envisaged;
    - number of trainees planned by internship;
    ― forecast funding plan for the planned FIMO and/or FCO and/or "bridge" formations;
    - place and annual forecast schedule of internships;
    ― composition of the educational team:
    – number of trainers employed by the centre on the date of application for approval and number of company monitors providing mandatory training under the responsibility of the training centre;
    ― nominative list of trainers showing the type of contract (CDI, CDD, part-time contract) that binds them to the training centre, their profile (general and technical training, professional driver experience), their methods of intervention as a trainer and/or as an evaluator; must be attached to the file the curriculum vitae of (or) trainer(s), copies of the titles or diplomas held and work certificates attesting to their professional experience;
    ― nominative list of company monitors showing their profile (general and technical training, professional driver experience), their methods of intervention as a trainer and/or as an evaluator, the quotity of their work time devoted to training; must be attached to the file copies of the agreements between the training centre and the employer(s) of the monitor(s);
    ― pedagogical materials: training repositories, teaching materials used, methods of teaching and evaluation of trainees, typebook of training follow-up in accordance with the mandatory driver training program order;
    material means:
    - vehicle(s) used: number and characteristics; a copy of the registration certificate, indicating the date of the last technical visit, shall be attached for each vehicle;
    ― description of the premises for the practical and theoretical parts of the planned trainings (dimensions, layouts) and of the facilities assigned to these trainings (rooms of maneuvers, docks...) where applicable, driving simulator or special terrain meeting the characteristics defined by the decree relating to the program of compulsory driver training;
    ― list of the training places and the means available when continuous training is provided by a company training centre or by a company monitor at different operating sites.
    Additional means (human and material means) envisaged in relation to the forecast of new trainings in the year.


    II. ― Monitoring of training


    In order to measure the effectiveness and proper conduct of mandatory training of road drivers, the approved training centres must provide the competent regional prefect with the following:
    ― every year, a pedagogical and financial assessment of the mandatory trainings carried out in the year N ― 1, including the number of organized sessions and their funding, the number of trainees, the number of receipts, the results obtained in terms of employment at three months and six months and the distribution by type of work contract concluded (indeterminate contract or fixed-term contract). This assessment is also to be provided for each company monitor conducting mandatory training courses under the responsibility of the training centre concerned;
    ― every three months, a list of courses completed during the previous quarter and a list of courses planned in the coming quarter with the nominative list of trainers and evaluators called to intervene on these courses.


    III. ― Filing applications for accreditation


    Applications for accreditation are sent by registered letter with a request for a notification of receipt to the regional prefect, regional management of equipment, whose geographically falls under the vocational training centre or the company training centre.


    A N N E X E I
    FORMATEURS ET MONITEURS D'ENTREPRISE
    I. ― Profile of trainers and corporate monitors


    Any trainer or company monitor responsible for the mandatory training of road drivers must meet the minimum requirements listed below:
    - be at least 25 years of age;
    ― be a holder, depending on the sector concerned (cargos or travellers), of the driving licence of categories C or EC and/or D or ED;
    - be a holder of any of the titles or diplomas referred to in I of Article 2 of this Order (CAP, BEP or professional title of road drivers) or BEPECASER or, for theoretical teaching, any title or higher degree obtained in the subjects taught;
    – having a professional experience as a minimum three-year road driver in the last five years prior to the application for approval;
    ―having followed, prior to the exercise of his duties, the necessary training to ensure mandatory training in good conditions, especially in the field of pedagogy.


    II. ― Operating Conditions for Business Monitors


    Every company monitor must devote at least half of its activity to training.
    The conditions under which the monitor provides compulsory professional driver training are defined by an agreement between the approved training centre and the monitor's employer.
    This agreement sets out the material and financial conditions in which mandatory training is carried out by the instructor and in particular the modalities for the provision by the accredited training centre of the necessary teaching materials, the modalities for the evaluation of trainees at the end of training, the updating of the instructors' knowledge, the quotity of working time devoted to these trainings, the identification of vehicles used for the practical part of the training.
    The approved training centre must address the regional prefect to whom it is geographically a copy of the conventions thus concluded.


Done in Paris, January 3, 2008.


For the Minister and by delegation:

Director General

and Transport,

D. Bursaux


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