Key Benefits:
The Prime Minister,
On the report of the Minister of State, Minister of Ecology, Energy, Sustainable Development and the Sea, in charge of green technologies and climate negotiations,
Vu le road code ;
Vu le Decree No. 2007-1340 of 11 September 2007 concerning the initial qualification and continuing training of drivers of certain vehicles for road transport of goods or passengers, including Article 5;
Considering the opinion of the permanent interdepartmental group on road safety dated 16 April and 18 June 2009;
The State Council (section of public works) heard,
Decrete:
The road code (regulatory part) is amended in accordance with sections 2 to 9 of this decree.
Section R. 211-3 is replaced by the following provisions:
"Art.R. 211-3.-To learn how to drive a motor vehicle on an open road to public traffic, in order to obtain a driver's license, it is necessary:
« 1° Being at least 16 years of age;
« 2° Be holder of a learning booklet established under the conditions established by order of the Minister for Transport, and specifying the objectives and progressivity of the training;
« 3° Be a holder of the application form for a driver's licence validated by the prefect of the department in which the application was filed, or a receipt of the application for category B of the driver's licence issued by the prefect for a maximum of two months, under the conditions fixed by order of the Minister for Transport;
"4° Being, during the learning period, under the constant and direct supervision of a teacher, holder of the authorization to teach the driving of motor vehicles referred to in sections L. 212-1 and R. 212-1 corresponding to the category of the vehicle used, or a proprietor, for at least five years without interruption, of the driving licence corresponding to the category of the vehicle used. The attendant must have followed, under the conditions defined by order of the Minister for Transport, a specific training to prepare him for this function and to use, under good conditions, the dual control devices to be equipped with the vehicle in accordance with the provisions mentioned in section R. 317-25. However, this specific training requirement does not apply to the accompanying person performing this function during the so-called early learning periods of conduct, supervised conduct or supervised conduct referred to in sections R. 211-5, R. 211-5-1 and R. 211-5-2;
"5° Use, during learning, a vehicle in accordance with the provisions of Article R. 317-25. »
Section R. 211-5 is replaced by the following provisions:
"Art.R. 211-5.-I. ― The so-called early learning of driving is a special apprenticeship provided to obtain category B of the driver's licence. This learning cannot be done after the cancellation or invalidation of the driver's license.
“II. ― It includes two periods:
« 1° An initial training period in a registered establishment or association under section L. 213-1 or L. 213-7.
"This initial training is validated if the student driver has passed the general theoretical test of the examination of the driver's licence or holds a category of the driver's licence obtained for a maximum of five years, and if he passes the evaluation conducted by the driver's teacher at the end of this period;
« 2° A driving learning period accompanied by the constant and direct supervision of a holder for at least five years without interruption of the Class B driver's licence.
"This period begins with a pre-educational appointment between the driver's teacher, the coach and the driver's student. Two other educational appointments must take place during this period, during which the student conducts a minimum distance for a minimum period of time, specified by the Minister for Transport.
"III. ― The conditions under which driving educational institutions can propose and supervise early learning of conduct are set by order of the Minister responsible for transport. »
After R. 211-5, the following articles are inserted:
"Art.R. 211-5-1.-Any driver, registered in an establishment or association under section L. 213-1 or L. 213-7 for training in the conduct of Category B vehicles, may, after the validation of the initial training, have access to a so-called driving learning period supervised by a holder for at least five years without interruption of the category B driver's licence.
"The initial training is validated if the driver's student has passed the general theoretical test of the driver's licence examination or has a category of the driver's licence obtained for up to five years, and has passed the evaluation conducted by the conductor at the end of this period.
"The supervised driving learning period is accessible from the age of eighteen years. It starts with a pre-educational appointment between the driver's teacher, the coach and the driver's student.
"In the course of this period, the student must attend at least another educational appointment and travel a minimum distance for a minimum period of time, as specified by the Minister for Transport.
"The conditions under which driving education institutions can propose and supervise a supervised driving phase are fixed by order of the Minister responsible for transport.
"Art.R. 211-5-2.-People following a professional training to obtain a national education degree to permit the issuance of a driver's licence may practice the so-called "framed" conduct, on a Category B vehicle, with a holder for at least five years without interruption of the driver's licence of this category.
"The supervised driving period is accessible from the age of sixteen to students who have validated the theoretical and practical skills required to obtain the category B driver's license as part of the preparation of a national education degree, and who have participated in a pre-educational meeting with the teacher responsible for the teaching of conduct in the course of the vocational training and with the attendant. At least another educational appointment must take place during this period.
"A joint order of the Minister for Transport and the Minister for National Education sets out the conditions for the application of this section.
"Art.R. 211-5-3.-When a temporary ban on the issuance of a driver's licence is imposed by the prefect or the judicial authority pursuant to this Code, the validity of the application form for a driver's licence or a receiver is suspended until the expiry of this prohibition.
"The prefect shall notify the conductor of this prohibition and the obligation to return to the prefecture, within a period of 10 frank days from the notification, its validated permit application form or its receipt.
"The conductor student who fails to fulfil this obligation shall be liable to the fine provided for the offences of the fifth class. »
Section R. 211-6 is replaced by the following provisions:
"Art.R. 211-6.-The driving lessons of motor vehicles are allowed on the highways, under the conditions fixed by joint order of the Minister for Transport and the Minister for Interior.
"The fact, for any person who teaches the conduct of motor vehicles, of contravening the provisions set out in the above-mentioned order shall be punished by the fine provided for the contraventions of the second class. »
Section R. 213-3 is amended as follows:
In the third paragraph of the 1st, after the word "candidate" are inserted the words: "and, if a minor, of his legal representative; "
In the last paragraph of article R. 221-6, the first sentence is replaced by the following sentence: "The category D of the driver's licence does not allow the conduct of the transport vehicles by means of regular national passenger services whose line journey does not exceed 50 kilometres except under certain conditions relating to the age and training of the driver. »
Section R. 316-6 is amended as follows:
I. ― The second and third paragraphs are deleted.
II. ― In the last paragraph, the words "of the first two paragraphs" are replaced by the words "of this article" and the word "their" is replaced by the word "sound".
Section R. 317-25 is replaced by the following provisions:
"Art.R. 317-25.-A vehicle used for the learning of the driving of motor vehicles, except mopeds, engine tricycles and quadricycles and motorcycles, shall be equipped with:
"at the use of the student, an interior rear view mirror, a left side rear view mirror and a right side rear view mirror;
" ― for the use of the conductor or companion teacher, an interior mirror and a rear-view mirror or an external right-side equivalent retrovision device;
" — for the use of the teacher or the accompanying person, dual control devices whose list is defined by order of the Minister for Transport.
"Vehicles not legally fitted with an internal rear-view mirror intended for the driver are not subject to the requirement of a complementary interior rear-view mirror.
"In addition, any vehicle used for the learning of the driving of motor vehicles, other than mopeds, motor tricycles and motorcycles, shall be equipped with a panel placed on the roof of the vehicle or visible front and rear markings signaling to users that it is a learning vehicle.
"For the learning of the conduct of mopeds, motor tricycles and motorcycles, the inscriptions indicating the learning situation must appear on a high visibility vest, in accordance with the provisions of the Labour code related to personal protective equipment, carried by the student driver and by the teacher or attendant when the student is seated at the rear of the vehicle. When the teacher or attendant is on board a four-wheel drive vehicle, it shall be fitted with a roof panel. The teacher or companion, on board a two- or three-wheeled follow-up vehicle, must be equipped with a high visibility vest with registrations indicating the learning situation.
"Vehicles used during early learning, supervised driving or supervised driving periods referred to in sections R. 211-5, R. 211-5-1 and R. 211-5-2 are not subject to the obligations set out in this section.
"An order of the Minister for Transport sets out the conditions for the application of this section.
"The offence of contravening the provisions of this Article shall be punished by the fine provided for the offences of the third class. »
The Minister of State, Minister of Ecology, Energy, Sustainable Development and the Sea, in charge of green technologies and climate negotiations, the Minister of State, Seal Guard, Minister of Justice and Freedoms, the Minister of Interior, Overseas and Territorial Communities, the Minister of National Education, spokesman of the Government, and the Secretary of State responsible for the transports
Done in Paris, December 18, 2009.
François Fillon
By the Prime Minister:
Minister of State, Minister of Ecology,
of energy, sustainable development and the sea,
green technologies
and climate negotiations,
Jean-Louis Borloo
The state minister, keep seals,
Minister of Justice and Freedoms,
Michèle Alliot-Marie
The Minister of the Interior,
the overseas and territorial authorities,
Brice Hortefeux
Minister of National Education,
Government spokesperson,
Luc Chatel
Secretary of State
Transport Officer
Dominic Bussereau
