Key Benefits:
Publics concerned: Driver's and Road Safety Inspectors (IPCSR).
Subject: modification of the particular status of the body of the inspectors of the driver's licence and road safety.
Entry into force: amendments to the specific status of the STIs (minimum age required, possession of permit A, initial training plan, qualification device) will apply to persons who integrate the SPIs' body as of January 19, 2013, subject to the continuing education requirement and to the "quality assurance" device, which will apply to that date, including SPIs recruited before January 19, 2013. The rules relating to the regime of incompatibility and the recovery of seniority and the modalities of detachment and integration in the body apply immediately.
Notice: This Decree transposes a number of provisions of the Directive of 20 December 2006 on the driver's licence in respect of minimum requirements for the inspectors of the driver's licence and road safety. These include the technical skills required to understand the conduct and evaluation of drivers, as well as the age conditions necessary to carry out this professional activity and the conditions to be met according to the categories of driver's licences that are the subject of this activity. The text further transposes the initial and continuing training conditions established by the Directive.
References: the text amended by this decree can be consulted, in its drafting, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Ecology, Sustainable Development, Transport and Housing,
Having regard to Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006 on driving permits, including its annex IV;
Vu le road code ;
Vu la Act No. 83-634 of 13 July 1983 amendments to the rights and obligations of civil servants, together with Act No. 84-16 of 11 January 1984 amended with statutory provisions relating to the public service of the State;
Vu le Decree No. 85-986 of 16 September 1985 amended on the particular regime of certain positions of State officials, the provision, integration and the final termination of functions;
Vu le Decree No. 87-997 of 10 December 1987 amended on the specific status of the body of the inspectors of the driver's licence and road safety;
Considering the advice of the ministerial technical committee dated 29 November 2010;
The State Council (Section of Administration) heard,
Decrete:
At the end of Article 1 of the decree of 10 December 1987 referred to above, after the words: "Its Article 4-1" are added the words: "and the provisions of this Decree".
In sections 2, 6, 8 and 13 of the same Order, the words "Minister of Equipment, Housing, Land Management and Transportation" are replaced by the words "Minister of Transportation".
Article 4 of the same decree is replaced by the following provisions:
"Art. 4.-The missions referred to in Article 3 are incompatible with the activity of a teacher of the conduct or operator of an educational establishment of the conduct or training of monitors.
"The inspectors of the driver's licence and road safety cannot be assigned to a department where they have worked as a teacher of the conduct or operator of the educational establishment of the conduct or training of monitors for less than three years.
"They shall declare to the competent authority the profession of the spouse, the partner of a civil pact of solidarity, the ascendants and descendants to the first degree and the collateral to the second degree if that profession is related to that of a teacher of the conduct or operator of an educational establishment of the conduct or training of monitors. »
In the sixth paragraph of Article 5 of the same Decree, the first sentence is replaced by the following words: "In order to compete, candidates must be at least twenty-three years of age at least January 1 of the year of the contest. They must also be licensed under category A and category B. The Class B driver's licence must have been issued for at least three years to January 1 of the competition year. »
Article 7 of the same decree is replaced by the following provisions:
"Art. 7.-I. ― Candidates admitted to the contests are appointed inspectors trainees and attend a one-year internship in which they receive, at a registered centre, a vocational training of at least six months.
“II. ― This professional training includes theoretical and practical teachings that are validated by a knowledge control, carried out in the form of continuous control or specific tests, to assess that the persons concerned hold the expected skills of a driver's and road safety inspector. This professional training is sanctioned, for each category of driver's licence A and B, an initial qualification issued by the registered centre referred to in I.
"This qualification is mandatory to pass the tests of the examination of the corresponding driver's license.
"An order by the Minister for Transport sets out the terms and content of the vocational training, as well as the expected skills of a driver's and road safety inspector.
"III. ― To be allowed to pass the tests of the Class A driver's licence examination, the intern inspectors must also be licensed for a period of five years at least as of the date of obtaining the initial qualification or having passed a theoretical and practical assessment of their ability to conduct a level higher than that required to obtain the Class A driver's licence.
"The modalities of this theoretical and practical assessment are defined by order of the Minister responsible for transport.
"The qualification to pass the motorcycle group examinations is valid for all categories A, A1, A2. »
In the third paragraph of Article 9 of the same Decree, it is added, after the words: "carriage and road safety", the words "or a recognized title or diploma equivalent to those mentioned in Article R. 212-3 of the Road Code".
In Article 10 of the same Decree, the first two paragraphs are replaced by the following:
"Interned inspectors can only be held if they have met the professional training tests and have obtained the initial qualifications to pass the examinations of the driver's licences referred to in Article 7.
"However, intern inspectors who have not met the professional training test or obtained the qualifications to pass the tests of the driver's licence examinations or who have not given satisfaction in the performance of their duties may be exceptionally authorized to extend their internship for a new period that cannot exceed one year. »
After Article 11 of the same decree, it is re-established, in Title II, an article 12 as follows:
"Art. 12.-In order to pass the practical tests of categories other than categories A and B, the inspectors shall:
« 1° be holders of the driver's licence of categories C, D and EC of the driver's licence;
« 2° Have been qualified examiners for category A and B driving tests for at least three years.
"However, this period of time is lifted if the examiner has been a licensee for at least five years of the driver's licence in the grade or has passed a theoretical and practical assessment of his or her ability to conduct at a level higher than that required to obtain this category of driver's licence and the conditions of which are defined by order of the Minister for Transport;
« 3° Having completed professional training and obtained a specific initial qualification issued under the conditions provided for by order of the Minister for Transport. The qualification to pass the examinations of the heavy weight group of the driver's license is valid for categories C, C1, D, D1, DE, D1E, CE and C1E. »
After Article 12 of the same Decree, an article 12-1 is inserted in Title II, as follows:
"Art. 12-1.-The inspectors of the driver's licence and road safety are subject to a quality assurance system and to an obligation of continuous training under the conditions set by order of the Minister for Transport.
"The purpose of the quality assurance system is to maintain the level of expertise of the driver's and road safety inspectors. This includes an annual monitoring of their workplaces, in their professional development, in the implementation of continuous training, in a periodic analysis of the results recorded in the conduct tests they assess. As part of this annual inspection, each driver's license and road safety inspector is observed, for at least half a day, during the course of the tests it passes.
"Specific training is provided to inspectors who do not meet the criteria of the quality assurance device defined above, particularly in the area of the validity of the evaluations they deliver. The terms of this specific training that is delivered in a registered centre are determined by order of the Minister for Transport. »
Title IV of the same decree is amended as follows:
1° In title IV, the word "Positions" is replaced by the words "Detachment, Direct Integration";
2° Section 16 is replaced by the following:
“Art. 16. - For the purposes of Article 13 bis of the Act of 13 July 1983 referred to above, officials placed in a detachment position in the body of inspectors of the driver's licence and road safety must justify the conditions provided for in Article 4 of this Decree and meet the conditions mentioned in Article 5 of this Decree.
"A staff member who has been in a detachment position for at least two years may, at their request, be integrated into the body of the inspectors of the driver's licence and road safety.
" Subject to the provisions of Article 26-3 of Decree No. 85-986 of 16 September 1985 concerning the particular regime of certain positions of State officials, the provision, integration and the final termination of functions, the persons concerned shall be appointed in the rank and level that they held in the detachment position. They keep the seniority they had acquired.
"The services performed in the body or framework of original employment by the integrated public servants after detachment in the body of the inspectors of the driver's license and road safety are considered to be effective services performed in this body. » ;
3° Section 17 is replaced by the following:
“Art. 17. - For the purposes of Article 13 bis of the above-mentioned Act of 11 January 1984, officials incorporated directly into the body of the inspectors of the driver's licence and road safety must justify the conditions provided for in Article 4 of this Decree and meet the conditions referred to in Article 5 of this Decree. »
Driver ' s and road safety inspectors and staff recruited, seconded or integrated into the body before 19 January 2013 in accordance with the articles 16 and 17 of the decree of 10 December 1987 referred to above in their writing before those of this decree may continue to pass the tests of the various driving permits under the conditions provided by the same decree in its writing before that resulting from this decree. However, the provisions of Article 12-1 of the above-mentioned Decree of 10 December 1987, derived from Article 9 of this Decree, are applicable to them as of 19 January 2013.
The provisions of this Order, with the exception of Articles 1, 2, 3, 6, 10 and 11, come into force as of January 19, 2013.
The Minister of Ecology, Sustainable Development, Transport and Housing, the Minister of the Interior, Overseas, Territorial Authorities and Immigration, the Minister of Budget, Public Accounts, Public Service and State Reform, Spokesman of the Government, and the Secretary of State to the Minister of Budget, Public Accounts, Public Service and Reform of the State, who is responsible for the public administration,
Done on May 23, 2011.
François Fillon
By the Prime Minister:
The Minister of Ecology,
Sustainable Development,
Transport and housing,
Nathalie Kosciusko-Morizet
The Minister of the Interior,
of the Overseas, territorial authorities
and immigration,
Claude Guéant
Minister of Budget, Public Accounts,
public service and state reform,
Government spokesperson,
François Baroin
Secretary of State
to the Minister of Budget,
Public Accounts, Public Service
and state reform,
Public Service,
Georges Tron
