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,
Having regard to Directive 2005 / 36 / EC of the European Parliament and the Council of 7 September 2005 on recognition of professional qualifications;
Given the road code, including its articles L. 212-1 et seq., L. 213-1 et seq., R. 212-1 to R. 213-6 and R. 223-5 to R. 223-10 ;
Vu le Public Health Code ;
Vu le Labour code ;
Vu la Act No. 2000-321 of 12 April 2000 the rights of citizens in their relations with administrations;
In light of Act No. 2007-297 of 5 March 2007 on the prevention of crime, article 23 (I, II and III)
See?Order No. 2008-507 of 30 May 2008 transposition of Directive 2005 / 36 / EC of the European Parliament and the Council of 7 September 2005 on the recognition of professional qualifications, including its article 1;
Considering the opinion of the permanent interdepartmental road safety group of 25 June 2008;
The State Council (section of public works) heard,
Decrete:
The road code (regulatory part) is amended in accordance with sections 2 to 23 of this decree.
The title of chapter II of title I of book II is supplemented by the words: "and animation of road safety awareness courses".
Section R. 212-1 is amended as follows:
1° The three paragraphs constitute an I;
2° The first paragraph of I is thus amended:
(a) After the words: "road safety", the words are inserted: "and the authorization to conduct the road safety awareness courses mentioned in articles L. 223-6 and R. 223-5 are issued";
(b) After the words: "the teaching profession" are inserted the words: "or animator";
3° In the second paragraph of I, the words: "This authorization is valid" are replaced by the words: "These authorizations are valid";
4° In the third paragraph of I, the words: "This authorization" are replaced by the words: "These authorizations";
5° After I, it is inserted a II and a III as follows:
“II. ― The statement referred to in Article L. 212-1, II, is addressed to the prefect of the department in which the provider plans to carry out the training activity of the conduct or conduct of road safety awareness training courses, or both, for the first time in the national territory, along with the following documents:
« 1° proof of the nationality of the professional;
« 2° A certificate certifying that it is legally established in another Member State of the European Community or in another State Party to the Agreement on the European Economic Area to exercise, as the case may be, the activity of teaching the conduct, or the activity of animation of training courses on road safety, either the two, and that, when the certificate is issued, no prohibition, even temporary,
« 3° proof of his professional qualifications;
« 4° Evidence by any means that it has exercised the activity(s) concerned for at least two consecutive years or not in the preceding ten years or for a period equivalent to part-time when the activity is not regulated in the State of establishment;
"The declaration and attached documents may be transmitted by any means, accompanied, if any, by their translation into the French language.
"III. ― In the light of the statement referred to in Article L. 212-1, the Prefect conducts an audit of the professional qualifications of the provider.
"In a maximum period of one month from the date of receipt of the declaration and the attached documents, the prefect shall inform the provider of the outcome of the inspection or, if necessary, request further information.
"In the latter case, the provider is informed before the end of the first month that the decision will be made before the end of the second month after the receipt of the additional information.
"In the event of a substantial difference between the professional qualifications of the provider and the training required in France for the instruction of the conduct or the animation of road safety awareness training courses, since this difference is likely to adversely affect the safety of the service recipients, the provider is offered the opportunity to demonstrate that it has acquired the knowledge and skills missing by a fitness test. It is organized and the results are communicated to it within a maximum period of thirty days from the decision mentioned in the previous paragraph.
"In the absence of a decision of the prefect, or, where applicable, of the organization of the fitness test, within the time limits provided above, the provision of services may be made.
"An order of the Minister for Transport sets out the conditions for the application of this section. »
Section R. 212-2 is amended as follows:
1° The eight paragraphs of the article constitute an I in which the Roman figures: "I, II, III, IV, V" respectively become the following Arab figures: "1°, 2°, 3°, 4°, 5°";
2° In the first paragraph of I, after the words: "authorization to teach" are inserted the words: "driving and road safety";
3° The 3° and 4° are replaced by the following:
« 3° Be a holder of a Class B driver's licence whose probationary period set out in Article L. 223-1 is expired; »
4° The "5°" becomes "4°";
5° After I, two paragraphs II and III are inserted as follows:
“II. ― Authorization to conduct road safety awareness training is granted to persons who meet the following conditions:
"(i) be a holder of the authorization to teach referred to in I of this section and a complementary degree in the field of road safety training on a list set by order of the Minister for Transport;
"to be a holder of a degree to make use of the title of psychologist and driver's licence whose probationary period set out in Article L. 223-1 is expired;
"and, in both cases, be at least twenty-five years of age and hold an initial training follow-up certificate for the conduct of road safety awareness training courses issued under the conditions established by the Minister for Transport.
"III. – An order of the Minister for Transport defines the conditions for the application of this section. »
Section R. 212-3 is amended as follows:
1° In the first paragraph, the words "in I of Article R. 212-2" are replaced by the words "in I, 1°, of Article R. 212-2";
2° The provisions of the III shall be replaced by the following provisions:
"III. ― A title acquired in another Member State of the European Community or in another State Party to the Agreement on the European Economic Area and recognized by the Prefect as equivalent to BEPECASER under the conditions defined in Article R. 212-3-1;
3° In IV, the words: "by non-EU foreign states" are replaced by the words: "by a State which is neither a member of the European Community nor a party to the agreement on the European Economic Area".
After section R. 212-3, two articles R. 212-3-1 and R. 212-3-2 are inserted as follows:
"Art.R. 212-3-1.- Persons who have acquired their qualifications in another Member State of the European Community or in another State Party to the Agreement on the European Economic Area shall be deemed to meet the conditions of professional qualification set out in 1° of I or II of Article R. 212-2 under the following conditions:
« 1° General conditions of recognition:
“(a) When the State in which the qualifications have been acquired regulates the profession, the applicant must possess the certificate of competence or the training prescribed to practise the profession in that State;
“(b) When the State in which the qualifications were acquired does not regulate the profession, the applicant must have practised the profession in the preceding ten years in that State, either full-time for two continuous or non-permanent years, or part-time for a total period equivalent to the two years required on a full-time basis, and must have at least a certificate of competence or a training certificate attesting to the preparation for the exercise of that profession. However, the condition of professional experience is not required when the candidate has a title sanctioning a regulated training, specifically directed to the exercise of the profession, corresponding to a minimum of a secondary school cycle;
« 2° Conditions of validity of titles:
"The certificates of competence or the training titles mentioned in a and b of the 1st must be issued by a competent authority of the State in which the qualifications were acquired.
"A training title referred to in a and b of 1° is assimilated any training title or set of training titles that:
" ― was issued by a competent authority of another Member State of the European Community or another State Party to the Agreement on the European Economic Area;
" ― punishes training acquired in the European Community or in the European Economic Area and recognized by the issuing State of the title as equivalent level;
"and confers the same access or exercise rights of the profession, or prepares for the exercise of that profession.
"It is also considered to be such a training title any professional qualification that, without meeting the requirements of the legislative, regulatory or administrative provisions of the State in which the qualifications for access to the profession or exercise of the profession have been acquired, confers on its holder the rights acquired under these provisions.
"Also can justify their ability to practise the profession the persons who possess a title enabling their exercise, acquired in a third country and admitted in equivalence in a Member State of the European Community or in a State Party to the agreement on the European Economic Area if that State regulates the exercise of the profession. They must also justify having practised the profession for three years in the State which admitted the equivalence of their title;
« 3° Compensation measures:
"The person who meets the conditions set out in the preceding paragraphs may be required to perform, according to his or her choice, an adaptation course of up to one year or to undergo a fitness test in one of the following cases:
“(a) When the training it received concerns material substantially different from the training required for persons who have acquired their qualifications in France;
“(b) When one or more of the regulated activities constitutive of the training required in France do not exist in the corresponding profession in the State that has issued the certificate of competence or the title of training referred to it, and that this difference is characterized by a specific training that is required in France and which covers material substantially different from those covered by the certificate of competence or the title of training.
"The content of the adaptation course or fitness test takes into account the knowledge acquired by the candidate during his or her professional experience.
"The candidate is exempted from the adaptation training or fitness test if the knowledge he has acquired during his professional experience covers the entire difference between the training he has received and the training he has provided in the French territory and is required for the teaching of the conduct or the animation of road safety awareness courses.
"The provisions set out in this section are specified by order of the Minister for Transport.
"Art.R. 212-3-2.-People who have obtained recognition of their professional qualifications acquired in other States or who wish to exercise a temporary and occasional benefit under the conditions of Article II L.-1 must have the language knowledge necessary for the exercise of the activity of driving teacher or animator of road safety training courses in France. »
Section R. 212-4 is amended as follows:
1° In the first paragraph, after the words: "authorization to teach", are inserted the words: "or animate an awareness course on road safety";
2° In the third, fifth preambular paragraph, after the words: "no refusal to return it", are inserted the words: "or destruction or diversion of a immobilized vehicle (art. 434-41); »
3° In V, the articles of Labour code are replaced by the following items:
“(art.L. 1142-1 and L. 1146-1);” instead of: “(art.L. 123-1); »
“(art.L. 8231-1 and L. 8234-1);” instead of: “(art.L. 125-1); »
“(art.L. 8241-1 and L. 8243-1);” instead of: “(art.L. 125-3); »
“(art.L. 8221-1, L. 8221-3 to L. 8221-5, L. 8224-1);” instead of: “(art.L. 324-9, L. 324-10, L. 362-3 to L. 362-5); »
“(art.L. 8251-1, L. 8256-1, L. 8256-2). instead of: "(art.L. 341-6). » ;
4° VI:
(a) The first paragraph is replaced by the following paragraph:
"34(1) leaking offence, refusal to comply with a stop-up, refusal to obey aggravated by the endangerment of others, refusal to submit to the checks concerning their vehicle or person, conduct or accompaniment under the influence of an alcoholic state or in a state of intoxication, refusal to submit to the checks to prove the alcoholic state, conduct or »
(b) In the second paragraph, after the word "impede", the word "voluntary" is inserted;
(c) In the third paragraph, the words: "no plate circulation or with false plates" are replaced by the words: "use of a false registration plate, circulation without registration plate, release of a vehicle with inaccurate plates, usurpation of plates" and the words: "L. 325-4 and L. 325-5" are replaced by the words: "L. 317-4-1 and L. 3
(d) In the fourth paragraph, the words "in recidivism" are deleted;
(e) In the eighth preambular paragraph, the words "commercialization" are replaced by the words "offre or marketing", the words "of a moped" are replaced by the words "of a moped, a motorcycle or a power grid" and the words "L. 317-8" are replaced by the words "L. 317-7";
(f) The following paragraphs shall be inserted before the last paragraph:
"[t]he offence of offering or marketing by a professional of a moped, motorcycle, tricycle or engine quadruling subject to reception and not received or that is no longer in conformity with it (art.L. 321-1 and L. 321-2);
" – default of insurance (art.L. 324-2);
"[i] obstruction of a capital measure or a furnace order (art.L. 325-3-1);
"organization of motor vehicle races without authorization (art.L. 411-7);
“– recidivism of non-compliance between two vehicles in a tunnel (art.L. 412-2);
“– great speed in recurrence (art.L. 413-1)”;
(g) In the last paragraph, the words: "commercialization" are replaced by the words: "offre or marketing";
5° In the VII, the article of Public Health Code mentioned is replaced by the following article: "(Art.L. 3421-1)".
After the article R. 212-4, an article R. 212-4-1 is inserted as follows:
"Art.R. 212-4-1.-I. ― To obtain the five-year renewal of the authorization to teach the driving of motor vehicles of a given category and road safety, the teacher must meet the conditions set out in I of section R. 212-2 and section R. 212-4.
“II. ― To obtain the five-year renewal of the authorization to conduct road safety awareness training, the facilitator must:
« 1° Complete the conditions set out in Article R. 212-2 II and Article R. 212-4;
« 2° Rationale for an ongoing training certificate for road safety awareness training courses delivered by the Minister for Transport.
"An order by the Minister for Transport specifies the conditions for the application of this section. »
Section R. 212-5 is amended as follows:
1° In the first paragraph, after the words: "road safety", the words are inserted: "or animate an awareness course on road safety";
2° The item is supplemented by the following paragraph:
"An order by the Minister for Transport specifies the conditions for the application of this section. »
After the article R. 212-5, an article R. 212-5-1 is inserted as follows:
"Art.R. 212-5-1.-A the request of a competent authority of another Member State of the European Community or a party to the agreement on the European Economic Area on the territory of which a conductor teacher or a road safety awareness trainer performs or declares that he intends to perform a service delivery, the prefect of the department of the place of residence of the teacher or the facilitator communicates to that authority all relevant information on the establishment concerned. If the professional is, on the date of communication, subject to a suspension or withdrawal of authorization, mention is made. »
The titles of chapter III of title I of book II and section I of chapter III are complemented by the words: "and animation of road safety awareness courses".
In the last paragraph of section R. 213-1, the words: "in the physical or legal inability to operate the facility" are replaced by the words: "in the inability to operate the facility, following physical incapacity or guardianship or curatorship."
Article R. 213-2 is as follows:
"Art.R. 213-2.-I. ― For operators of educational establishments, on an expensive basis, of the conduct of motor vehicles of a given category and of road safety and for operators of training establishments of candidates to one of the required titles or diplomas for the exercise of the profession of conduct teacher, the approval provided for in section L. 213-1 is granted to persons who meet the following conditions
« 1° Not having been sentenced by a French court or by a foreign court to a criminal sentence or a correctional sentence for one of the offences provided for in section R. 212-4;
« 2° Rationale of the ability to manage a conduct education institution:
"in either a State degree or a title or diploma intended or approved of the higher or technological education of a level equal to or above level III, which provides for legal, economic, accounting or commercial training or a foreign diploma of a comparable level;
"– either by justifying an approved training on the management and operation of the educational institutions of conduct.
"An order from the Minister for Transport specifies the program, the minimum duration and the conditions for accreditation of this training;
« 3° Being at least twenty-three years old;
« 4° Rationale for professional experience in the practice of driving instruction, either full-time for two continuous or non-period years, or part-time for a total duration equivalent to the two years required on a full-time basis, under the conditions established by an order of the Minister for Transport;
« 5° Rationale of minimum guarantees for the training of the institution. These guarantees relate to premises, vehicles, material means and the organization of training;
« 6° Rationale for teacher qualification:
" — for educational institutions of conduct, teachers must be licensed to teach referred to in Article L. 212-1 to provide theoretical and practical education services;
"For the training establishments of candidates for one of the titles or diplomas required for the exercise of the teaching profession of motor vehicle driving and road safety, teachers must meet special conditions set by a Minister's order for transport. In each of these establishments a teaching director is designated. It effectively organizes and supervises training. The Director shall be the holder of the Certificate of Training for Monitors (BAFM). No one can be teaching director in more than one institution.
“II. ∙ For persons ensuring the effective operation of at least one institution organizing road safety awareness training courses referred to in sections L. 223-6 and R. 223-5 and, where applicable, for persons appointed for the administrative supervision of the internships, excluding the 5° and 6° for them, the approval provided for in section L. 213-1 shall be granted if the following conditions are met:
« 1° Not having been sentenced by a French court or by a foreign court to a criminal sentence or a correctional sentence for one of the offences provided for in section R. 212-4;
« 2° Rationale for an initial training in the technical and administrative management of an approved establishment for the animation of road safety awareness training courses;
« 3° Being at least twenty-five years old;
« 4° Rationale of professional experience, either full-time for two continuous or non-period years, or part-time for a total duration equivalent to the two years required on a full-time basis, in the field of road safety awareness or education;
« 5° Provide justification for minimum guarantees regarding the training facilities of the institution. These guarantees relate to premises, material means, organizational arrangements for training and, where applicable, vehicles;
« 6° Rationale for the qualification of facilitators who must be licensed under section R. 212-2, II.
"The conditions set out in this section are specified by order of the Minister for Transport. »
After article R. 213-2, an article R. 213-2-1 is inserted as follows:
"Art.R. 213-2-1.-To meet the conditions of professional qualifications set out in 2° and 4° of the I and 2° and 4° of the II of Article R. 213-2, persons who have acquired their qualifications in another Member State of the European Community or in another State Party to the agreement on the European Economic Area shall meet the following conditions:
« 1° General conditions of recognition:
“(a) When the State in which the qualifications have been acquired regulates the profession, the applicant must possess the certificate of competence or the training prescribed to practise the profession in that State;
“(b) When the State in which the qualifications were acquired does not regulate the profession, the applicant must have practised the profession in the preceding ten years in that State, either full-time for two continuous or non-permanent years, or part-time for a total period equivalent to the two years required on a full-time basis, and must have at least a certificate of competence or a training certificate attesting to the preparation for the exercise of that profession. However, the condition of professional experience is not required when the candidate has a title sanctioning a regulated training, specifically directed to the exercise of the profession, corresponding to a minimum of a secondary school cycle.
« 2° Conditions of validity of titles:
"The certificates of competence or the training titles mentioned in a and b of the 1st must be issued by a competent authority of the State in which the qualifications were acquired.
"A training title referred to in a and b of 1° is assimilated any training title or set of training titles that:
" ― was issued by a competent authority of another Member State of the European Community or another State Party to the Agreement on the European Economic Area;
" ― punishes training acquired in the European Community or in the European Economic Area and recognized by the issuing State of the title as equivalent level;
"and confers the same access or exercise rights of the profession, or prepares for the exercise of that profession.
"It is also considered to be such a training title any professional qualification that, without meeting the requirements of the legislative, regulatory or administrative provisions of the State in which the qualifications for access to the profession or exercise of the profession have been acquired, confers on its holder the rights acquired under these provisions.
"Also can justify their ability to practise the profession the persons who possess a title enabling their exercise, acquired in a third country and admitted in equivalence in a Member State of the European Community or in a State Party to the agreement on the European Economic Area if that State regulates the exercise of the profession. They must also justify having practised the profession for three years in the State which admitted the equivalence of their title;
« 3° Compensation measures:
"The person who meets the conditions set out in the preceding paragraphs may be required to perform, according to his or her choice, an adaptation course of up to one year or to undergo a fitness test in one of the following cases:
“(a) When the training it received concerns material substantially different from the training required for persons who have acquired their qualifications in France;
“(b) When one or more of the regulated activities constitutive of the training required in France do not exist in the corresponding profession in the State that has issued the certificate of competence or the title of training referred to it, and that this difference is characterized by a specific training that is required in France and which covers material substantially different from those covered by the certificate of competence or the title of training.
"The content of the adaptation course or fitness test takes into account the knowledge acquired by the candidate during his or her professional experience.
"The candidate is exempted from the adaptation training or fitness test if the knowledge he has acquired during his professional experience covers the entire difference between the training he has received and the training he has provided in the French territory and is required for the teaching of the conduct or the animation of road safety awareness courses.
"The provisions set out in this section are specified by order of the Minister for Transport. »
Section R. 213-4 is amended as follows:
1° The last sentence of the paragraph is supplemented by the following words: "and compliance with the obligations of the licensee under this code. » ;
2° The following two paragraphs are added:
"State officials responsible for the accreditation procedures of these institutions may also carry out administrative controls.
"In addition to these controls, educational audits of accredited institutions for the organization of road safety awareness training courses may be carried out by any expert authorized by the Minister for Transport. »
The first paragraph of section R. 213-5 is amended as follows:
1° After the words: "The withdrawal of approvals" are inserted the words: "as mentioned in Article L. 213-l";
2° After the words: "stop being filled", are added the words: "or in case of cessation of activity".
Section R. 213-6 is replaced by the following provisions:
"Art.R. 213-6.-When the five-year licence renewal referred to in section L. 213-1, the operator shall:
"1° Complete the conditions set at 1°, 5° and 6° of I or II of Article R. 213-2, according to the activity carried out;
« 2° Rationale for a training that certifies the updating of its professional knowledge in the specific field of the activity carried out;
"3° Justify, in addition, for those designated by the operator for the administrative supervision of road safety awareness trainings, a certificate of updating their professional knowledge in this specific area.
"The conditions set out in this section are specified by order of the Minister for Transport. »
The title of chapter III, section 2, of title II, of Book II is supplemented by the words: "a awareness of road safety".
Section R. 223-5 is replaced by the following provisions:
"Art.R. 223-5.-The road safety awareness training under section L. 223-6 is intended to avoid the reiteration of dangerous behaviours. It is for two consecutive days. It is organized under the conditions set by order of the Minister for Transport. »
Section R. 223-6 is replaced by the following provisions:
"Art.R. 223-6.-The internship must include:
« 1° A first module aimed at setting the framework and issues of the road safety awareness training course;
« 2° One or more specialized modules whose purpose is to drive a process of change of attitude and behaviour in the driver.
"The reference framework, program and intervention methods are set by order of the Minister for Transport.
"This education program can include an interview with a psychologist and a sequence of conduct. »
Section R. 223-7 is replaced by the following provisions:
"Art.R. 223-7.-The animation of road safety awareness training courses is carried out jointly by a driver of driving and road safety and a psychologist, who is authorized to conduct, in the course of validity, mentioned in II of Article R. 212-2. »
Section R. 223-8 is amended as follows:
1° I is thus written:
"I. ― The holder of the approval provided for in section II of R. 213-2 shall issue an internship certificate to any person who has completed a road safety awareness training in accordance with conditions of attendance and participation established by order of the Minister for Transport. He shall transmit a copy of the certificate to the prefect of the department of the place of the internship within fifteen days of the completion of the certificate. » ;
2° In III, the words: "The administrative authority mentioned" are replaced by the words: "The prefect mentioned. »
Sections R. 223-9 and R. 223-10 are repealed.
1° Persons with a certificate of fitness for road safety awareness training at the date of the publication of this Order may continue to operate until 30 June 2010. They must, before that date, request an authorization to conduct these courses under the conditions set out in chapter II of title I of Book II of the Highway Code. However, for these persons, the conditions set out in II of section R. 212-2 of this age-related code and, for the holders of the degree to make use of the psychologist's title, the driver's licence are not applicable for obtaining this authorization and until its first renewal;
2° Specific approvals for the organization of road safety awareness trainings planned forArticle L. 223-6 of the road code issued prior to the date of publication of this Order remain valid until 30 June 2010. Their holders must, before that date, request the renewal of their approval, under the conditions provided for in Article R. 213-6 of this code, with the exception of those set out in 2° and 3° of this article.
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, Guard of Seals, Minister of Justice and Freedoms, the Minister of Interior, Overseas and Territorial Authorities and the Secretary of State for Transport are responsible, each with regard to the Journal, for the execution of the published decree.
Done on 29 December 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
Secretary of State
Transport Officer
Dominic Bussereau
