Key Benefits:
Publics concerned: road transport companies of persons and goods, including moving, and rental of industrial vehicles with driver for the transport of goods.
Subject: implementation at the national level of the provisions on access to the profession of road carrier contained in Regulation (EC) No 1071/2009 of the European Parliament and of the Council of October 21, 2009, in particular with regard to the professional capacity to be held by business managers.
Entry into force: the text comes into force on the day after its publication.
Notice: the order specifies the provisions contained in the order Decree No. 2011-2045 of 28 December 2011 having various provisions relating to access to the profession of road carrier and access to the market of road transport, in accordance with the requirement of professional capacity to be held by business managers.
The Order specifies the terms and conditions for obtaining the certificate of professional capacity which is now subject to the success of a written examination, both for the transport of goods and for the transport of persons. It also specifies, both for "heavy" transport activities and for "light" transport activities, the modalities for other ways of obtaining the professional capacity that are the direct equivalence to the diplomas, titles and certificates held as well as recognition of the professional experience.
References: This Order is available on the website Légifrance (http://www.legifrance.gouv.fr).
The Minister to the Minister of Ecology, Sustainable Development, Transport and Housing, responsible for transportation,
Having regard to Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules on the conditions to be followed in the profession of road carrier and repealing Council Directive 96/26/EC;
Vu le National Service Codeincluding articles L. 113-4 and L. 114-6;
Vu le Decree No. 85-891 of 16 August 1985 amended on urban transport of persons and non-urban road transport of persons;
Vu le Decree No. 99-752 of 30 August 1999 amended on road transport of goods;
Vu le Decree No. 2011-2045 of 28 December 2011 bringing various provisions concerning access to the profession of road transport and access to the market of road transport, including Articles 5 and 6;
Having regard to the amended decision of 15 November 1999 establishing advisory commissions to the prefects of the region for the issuance of certificates of professional capacity and proof of professional capacity relating to the exercise of certain professions related to road public transport;
In view of the Commissioner for Simplification of December 14, 2011;
In the opinion of the Standards Assessment Advisory Board of 15 December 2011,
Stop it!
I. ― In the present order, are called:
A. ― Heavy road transport:
1. "Heavy vehicles", motor vehicles exceeding nine seats, including the driver, or a maximum permissible weight of 3.5 tonnes;
2. "A heavy transport company", the company using at least one heavy vehicle;
3. "Attestation of professional capacity in road transport of persons", the certificate of professional capacity allowing the exercise of the profession of public road transport of persons using all vehicles of transport of persons;
4. "Attestation of professional capacity in road transport of goods", the certificate of professional capacity allowing the exercise of the professions of public road transport of goods or moving, or of the rental of industrial vehicles with driver, using all vehicles of transport of goods;
B. ∙ Light road transport:
1. "Small vehicles", motor vehicles not exceeding nine seats, including the driver, or a maximum permissible weight of 3.5 tonnes;
2. "Small transport company", the company using only light vehicles;
3. "Attestation of professional capacity in road transport of persons with vehicles not exceeding nine places, including the driver", the certificate of professional capacity allowing the exercise of the profession of public road transport of persons by means exclusively of vehicles for the carriage of persons not exceeding nine places, including the driver;
4. "Attestation of professional capacity in the light transport of goods", the certificate of professional capacity allowing the exercise of the professions of road public carrier of goods or of moving, or of the rental of industrial vehicles with driver intended for the carriage of goods exclusively by means of vehicles of maximum authorized weight not exceeding 3.5 tonnes.
II. ― The title of the certificate of professional capacity includes one of the following:
1. Certification of professional capacity in road transport of people.
2. Certification of professional capacity in road transport of goods.
3. Certificate of professional capacity in road transport of persons with vehicles not exceeding nine seats, including the driver.
4. Attestation of professional capacity in light cargo transport.
When the certificate of professional capacity refers to the transport manager of a road transport company established in Guadeloupe, Guyana, Martinique, La Réunion or Mayotte, the title of the certificate is supplemented by the mention of this establishment community.
Implementation V of Article 7 of the Decree of 16 August 1985 referred to above and I of Article 6 of the Decree of 28 December 2011 referred to above, when the certificate of professional capacity in road transport of people is adapted to Guadeloupe, Guyana, Martinique, La Réunion and Mayotte, its title is supplemented with the mention "adapted overseas".
Implementation I of Article 6 of the Decree of 28 December 2011 referred to above, when the certificate of professional capacity in road transport of goods is adapted to Mayotte, its title is supplemented with the mention "adapted to Mayotte".
I. ― The prefect of the region whose chief court is designated as the seat of a jury of the examination referred to in the II of Article 7 of the Decree of 16 August 1985 referred to above or II of Article 9 of the Decree of 30 August 1999 referred to above issue the certificate of professional capacity in heavy road transport to the person reported to that examination, which bears, as per the certificate of capacity for road transport of persons or road transport of goods, all the substances set out in Schedule I to Regulation (EC) No. 1071/2009 referred to above.
II. ― Pursuant to V of Article 7 of the Decree of 16 August 1985 referred to above and first paragraph of Article 6 of the Decree of 28 December 2011 referred to above, concerning the public road transport of persons in Guadeloupe, Guyana, Martinique, La Réunion or Mayotte, the certificate of professional capacity in road transport of persons, adapted, is issued to the person declared received to a written examination adapted, by the prefect of the region whose chief town is designated as the seat of the jury of this examination.
III. ― Pursuant to first paragraph of Article 6 of the Decree of 28 December 2011 referred to above, concerning the public carriage of goods in Mayotte, the certificate of professional capacity, adapted, is issued to the person declared received at a written examination adapted, by the prefect of the region of the examination district to which Mayotte is attached.
IV. ― Each of the examinations mentioned in the II and III covers all of the material set out in a decision of the Director of Road Transport, published in the Official Bulletin of the Ministry of Ecology, Sustainable Development, Transport and Housing.
The list of jury seats in the review referred to in Article 2 and that of the departments of their territorial jurisdiction are the subject of a decision of the Director of Road Transport, published in the Official Bulletin of the Ministry of Ecology, Sustainable Development, Transport and Housing.
The prefects of the regions of a jury of examination establish a list of the examination centres of their territorial jurisdiction.
I. ― Examining panels propose, at the request of the Director of Road Transport, the subjects of each examination, organize the correction of the tests and proclaim the results; They are presided over by the prefects of the regions, the seats of the examination panels or their representatives.
Each jury shall be composed of competent persons in the material provided for in the program; It includes, among other things, qualified persons of the administration, professional organizations of the road transport sector, training organizations and business leaders.
Their composition is stopped by the prefect of the region, the seat of a jury of examination, taking into account the proposals of the regional advisory commission for the issuance of certificates of professional capacity and proof of professional capacity relating to the exercise of the professions of public road carrier of persons, of public road carrier of goods or moving, of the leasing of industrial vehicles with driver or of transport commissioner, referred to in article 1st of November 1999
II. ― Each examination takes place simultaneously in the different examination centers. The date is set by decision of the Director of Road Transport, published in the Official Bulletin of the Ministry of Ecology, Sustainable Development, Transport and Housing. Subjects are arrested by this director.
I. ― The examinations provided for in I of Article 2 shall consist of:
1° Written questions in the form of a multiple-choice questionnaire;
2° A test consisting of questions and exercises requiring a written response, covering all of the substances set out in Schedule I to Regulation (EC) No 1071/2009 referred to above.
II. - The examinations provided for in Article 2 II and III shall consist of:
1° Written questions in the form of a multiple-choice questionnaire;
2° A test composed of questions and exercises requiring a written response.
The topics relate to all of the substances set out in a list specific to each review and which is the subject of a decision by the Director of Road Transport published in the Official Bulletin of the Ministry of Ecology, Sustainable Development, Transport and Housing.
III. – The total duration of each examination is four hours.
The total number of points is 200. It is as follows:
1° Multiple-choice questionnaire: 100 points;
2° Proof of answers written: 100 points.
Candidates who have obtained a grade of at least 120 out of 200 for all tests, provided they have obtained at least 50 points for the multiple-choice questionnaire and 40 points for the written test.
Registration records for the examinations provided for in Article 2 are removed from the prefect of the region seat of an examination jury in whose jurisdiction the candidate justified an address, in accordance with the b below. They include:
(a) An application for the examination submitted by the candidate according to the CERFA form No. 11414;
(b) An address document consisting of either of the following documents:
1. A proof of domicile, for the person who has in France his or her normal residence within the meaning of section 8, paragraph 2, of the above-mentioned Regulation (EC) No 1071/2009.
2. A proof of the company's place where the person works in France, for the person who does not have his or her normal residence.
3. A proof of study prepared by the school, academic or professional institution, or by the training agency, for the person who, regardless of their place of residence, wishes to declare the place where they pursue their studies in France;
(c) For the person of French nationality, the document justifying his situation with regard to the obligations of the national service, in accordance with the Articles L. 113-4 and L. 114-6 of the aforementioned national service code.
The registration file must be sent to the regional prefect no later than two months before the date of the session to which the candidate wishes to participate. Acknowledgement is given to him by the prefect who informs him one month in advance of the date and place of the tests.
I. ― The region prefect concerned by the review referred to in the IVI ofarticle 7 of the decree of 16 August 1985 referred to above or VI of Article 9 of the Decree of 30 August 1999 referred to above issue to the applicant the certificate of professional capacity in road transport of persons with vehicles not exceeding nine seats, including the driver, or the certificate of professional capacity in light transport of goods:
1° Who has followed, at a training centre, an expert review organizer, a training whose knowledge repository is the subject of a decision of the Director of Road Transport, published in the Official Bulletin of the Ministry of Ecology, Sustainable Development, Transport and Housing.
This training, including examination, has a duration of 140 hours for the professional capacity in road transport of persons with vehicles not exceeding nine seats, including the driver, and 105 hours for the professional capacity in light cargo transport.
2° Who, following this training, was reported to have been received at this review.
II. ― Training and examinations cover all of the materials set out in the knowledge repositories mentioned in 1° of I.
The candidate who failed the examination may re-enter it twice in a training centre, examination organizer, of his or her choice, within two years of the completion of the training mentioned in 1° of I, without being obliged to follow this training again.
In the event of a third failure to the examination, the candidate wishing to resubmit the examination must follow this training again. It then benefits from the provisions set out in the preceding paragraph.
III. ― Pursuant to the third paragraph of Article 7 of the amended Decree of 16 August 1985 referred to above, the person managing a company that carries on a road public transport activity of persons other than the road public transport of persons and has a single vehicle for that purpose, registered in the national electronic register of road transport companies before the date of entry into force of the Decree of 28 December 2011 having benefited from the exemption from financial and professional capacity, and which is not part of those mentioned in the b of the 4th of Article 5 of the Decree of 16 August 1985, wishing to obtain the certificate of professional capacity in road transport of persons with vehicles not exceeding nine seats, including the driver, is exempted from the training mentioned in I and II to register for the examination.
IV. ― In the event of first failure of the examination, the candidate receives from the territorial service of the State of which the training centre, organizer of this examination, a certificate of follow-up of the compulsory training mentioning this centre and the date of the examination.
The certificate is given by the candidate in any new application on his or her part of the examination.
In the event of a second or third failure to review, this certificate is supplemented by the place and date respectively of the second examination or the third examination.
The examinations provided for in Article 7 shall consist of:
A. ∙ Road transport of persons:
1° Written questions in the form of a multiple-choice questionnaire;
2° A test consisting of questions and exercises requiring a written response, covering all of the materials set out in the knowledge repository referred to in 1° of Article 7.
The total duration of the examination is four hours integrated into the last half day of training.
The total number of points is 200. It is as follows:
1° Multiple-choice questionnaire: 100 points;
2° Proof of answers written: 100 points.
Candidates who have obtained a grade of at least 120 out of 200 for all tests, provided they have obtained at least 50 points for the multiple-choice questionnaire and 40 points for the written test.
B. ∙ Road freight transport:
1° Written questions in the form of a multiple-choice questionnaire;
2° A test consisting of questions and exercises requiring a written response, covering all of the materials set out in the knowledge repository referred to in 1° of Article 7.
The total duration of the exam is three hours integrated into the last half day of training.
The total number of points is 200. It is as follows:
1° Multiple-choice questionnaire: 100 points;
2° Proof of answers written: 100 points.
Candidates who have obtained a grade of at least 120 out of 200 for all tests, provided they have obtained at least 50 points for the multiple-choice questionnaire and 40 points for the written test.
The registration file for the examination under Article 7 is withdrawn from the training centres, examination organizers.
It includes:
(a) An application for the examination submitted by the candidate according to the CERFA form No. 11414;
(b) An address document consisting of either of the following documents:
1. A proof of domicile, for the person who has in France his or her normal residence within the meaning of paragraph 2 of Article 8 of Regulation (EC) No 1071/2009 referred to above;
2. A proof of place where the person works in France for the person who does not have his or her normal residence;
3. A proof of study prepared by the school, academic or professional institution, or by the training centre, organizer of examination, for the person who, regardless of their place of residence, wishes to declare the place where they pursue their studies in France;
(c) For the person of French nationality, the document justifying his situation with regard to the obligations of the national service, in accordance with the Articles L. 113-4 and L. 114-6 of the aforementioned national service code.
For training candidates, the registration file must be sent to the training centre, the examination organizer, no later than two months before the date of the session to which the candidate wishes to participate.
Authorized models of professional certification in road transport of persons with vehicles not exceeding nine seats, including the driver, and the certificate of professional capacity in light freight transport are the subject of a decision of the Director of Road Transport, published in the Official Bulletin of the Ministry of Ecology, Sustainable Development, Transport and Housing.
I. ― The Joint Order of Ministers Responsible for Transport, National Education, Higher Education and Labour dated 28 December 2011 sets out the list of diplomas and titles referred to in III and Fourth paragraph of Article 7 of the Decree of 16 August 1985 referred to above and III third paragraph of Article 9 of the Decree of 30 August 1999 referred to above.
II. ― Pursuant to the articles cited in I, the certificate of professional capacity is issued by the prefect of the region concerned or, where applicable, by the prefect of Mayotte, based on the address supporting document provided for in Article 12 of this Order, where the applicant holds a degree referred to in the interdepartmental order provided for in I.
Applications for professional capacity certification in Part II of Article 11 shall be withdrawn from the prefect of the region concerned or the prefect of Mayotte. They include:
(a) An application by the person who graduates according to the CERFA form No. 11414;
(b) A photocopy of the diploma or title;
(c) An address document consisting of either of the following documents:
1. A proof of domicile, for the person who has in France his or her normal residence within the meaning of section 8, paragraph 2, of the above-mentioned Regulation (EC) No 1071/2009.
2. A proof of the company's place where the person works in France, for the person who does not have his or her normal residence.
3. A proof of study prepared by the school, academic or professional institution, or by the training agency, for the person who, regardless of their place of residence, wishes to declare the place where they pursue their studies in France;
(d) For the person of French nationality, the document justifying his situation with regard to the obligations of the national service, in accordance with the Articles L. 113-4 and L. 114-6 of the aforementioned national service code.
The file comprising these elements is addressed to the prefect of the region where the candidate is domiciled or, as the case may be, to the prefect of Mayotte. Acknowledgement of receipt is given to him by the prefect who invites him, if any, to complete his file barely rejecting his request.
I. ― Pursuant to Article 7 of the Decree of 16 August 1985 and the IV of Article 9 of the Decree of 30 August 1999 referred to above, the certificate of professional capacity in heavy road transport is issued by the prefect of the region concerned, based on the address supporting document provided for in section 14, when the applicant provides evidence that it has continuously directed, in the public road transport sector, a heavy transport company in one or more Member States of the European Union or another State Party to the European Economic Area Agreement, during the ten years preceding 4 December 2009.
II. ― Pursuant to III of Article 5 of the Decree of 28 December 2011 referred to above, the certificate of professional capacity for public road transport, either of persons or of goods, may be issued by the prefect of the Martinique region, according to the address supporting document provided for in section 14, when the applicant, before December 4, 2014, provides evidence that, in this community, he conducted a heavy transport company in the public road transport sector for the five years preceding the date of entry into force of the decree.
A decree of the prefect of the Martinique region sets out the modalities for recognition of professional capacity through the professional experience referred to in the preceding paragraph.
III. ― Pursuant to second paragraph of Article 6 of the Decree of 28 December 2011 referred to above, the certificate of professional capacity for public road transport, either of persons or of goods, adapted to Mayotte, may be issued by the Prefect of Mayotte, based on the address supporting document provided in Article 14 when the applicant, before December 4, 2014, provides evidence that in this community, it has managed, in the public road transport sector, a heavy transport company during the three years preceding the date of entry into force.
Applications for professional capacity certification under Article 13 shall be withdrawn from the prefect of the region concerned or, where applicable, from the prefect of Mayotte. They include:
(a) An application for a candidate's capacity certificate in accordance with the CERFA form No. 11414, detailing the nature and duration of the functions performed in support of the application;
(b) An address document consisting of either of the following documents:
1. A proof of domicile, for the person who has in France his or her normal residence within the meaning of paragraph 2 of Article 8 of Regulation (EC) No 1071/2009 referred to above;
2. A proof of place where the person works in France for the person who does not have his or her normal residence;
(c) For the person of French nationality, the document justifying his situation with regard to the obligations of the national service, in accordance with the Articles L. 113-4 and L. 114-6 of the aforementioned national service code ;
(d) For the employee applicant, photocopies of work contracts and payrolls to determine the nature of the duties of a director of one or more businesses during the ten-year period, on a continuous basis, prior to December 4, 2009; or for Martinique, during the five-year period preceding the effective date of the Decree of 28 December 2011 ; or for Mayotte, during the three-year period the effective date of Decree of 28 December 2011 ;
(e) For the non-employed applicant, the Kbis of one or more companies in which he was a leader during the required period, continuously or, failing that, any document enabling the person to establish the situation;
(f) For the non-employed applicant, a certificate of affiliation from a pension fund of non-earmarked workers, specifying since when this affiliation exists.
The file comprising these elements is addressed to the Prefect of the region concerned or, where applicable, to the Prefect of Mayotte. Acknowledgement of receipt is given to him by the prefect who invites him, if any, to complete his file barely rejecting his request.
I. ― Pursuant to the last paragraph of Article 7 of the Decree of 16 August 1985, the certificate of professional capacity in road transport of persons with vehicles not exceeding nine places, including the driver, is issued by the Prefect of the region concerned, according to the address supporting document provided for in Article 16 when the applicant provides evidence that he has continuously and principally directed a public road transport company of persons for a period of ten years.
II. ― Pursuant to fifth paragraph of Article 9 of the Decree of 30 August 1999 referred to above, the certificate of professional capacity in the light carriage of goods is issued by the prefect of the region concerned, based on the address supporting document provided for in Article 16, the applicant shall provide evidence that he has continuously directed, in the field of the public road transport of goods, a light freight transport company for two years, provided that it has not ceased this activity for more than ten years.
Applications for certification of professional capacity for the exercise of the carrier profession provided for in section 15 are withdrawn from the prefect of the region concerned or, where applicable, from the prefect of Mayotte. They include:
(a) An application for a candidate's capacity certificate in accordance with the CERFA form No. 11414, detailing the nature and duration of the functions performed in support of the application;
(b) An address document consisting of either of the following documents:
1. A proof of domicile, for the person who has in France his or her normal residence within the meaning of section 8, paragraph 2, of the above-mentioned Regulation (EC) No 1071/2009.
2. A proof of place where the person works in France for the person who does not have his or her normal residence;
(c) For the person of French nationality, the document justifying his situation with regard to the obligations of the national service, in accordance with the Articles L. 113-4 and L. 114-6 of the aforementioned national service code ;
(d) For the employee applicant, photocopies of work contracts and wage bulletins to determine the nature of the functions performed for a period of two years, on a continuous basis;
(e) For the non-employed applicant, the Kbis of one or more companies in which he was a leader for a period of two years on a continuous basis or, failing that, any document allowing the person to establish the situation;
(f) For the non-employed applicant, a certificate of affiliation from a pension fund of non-earmarked workers and specifying since when such affiliation exists.
The file comprising these elements is addressed to the Prefect of the region concerned or, where applicable, to the Prefect of Mayotte. Acknowledgement of receipt is given to him by the prefect who invites him, if any, to complete his file barely rejecting his request.
I. ― With regard to the light carriage of goods by road, the provisions of Part III of this Order come into force on 1 July 2012.
II. ― Until June 30, 2012, provisions of Article 4 III of the Decree of 30 August 1999 referred to abovein its current drafting up to the effective date of Decree of 28 December 2011, remain in application for the issuance of proof of professional capacity.
III. ― A proof of professional capacity for the exercise of the professions of road public carrier of goods, movers or renters of industrial vehicles with driver intended for the carriage of goods by means of vehicles not exceeding a maximum authorized weight of 3.5 tonnes, issued until June 30, 2012, is deemed to be equivalent to the certificate of professional capacity in light cargo transport.
The CERFA Form No. 11414 referred to in this Order is available from the Regional Directorates for the Environment, Development and Housing (DREAL), the Regional and Interdepartmental Directorate for the Equipment and Development of Ile-de-France (DRIEA), and the Directorates for the Environment, Development and Housing (DEAL) of the Overseas Communities and on the website of the following Ministry of Transport www.developpement-durable.gouv.fr.
Article 19 Learn more about this article...
The first paragraph of Article 4 of the above-mentioned Decree of 15 November 1999 is preceded by two paragraphs:
"The provisions of this Order permit the application of II and V of Article 7 of the decree of 16 August 1985 referred to above, II of Article 9 of the Decree of 30 August 1999 referred to above and First paragraph of Article 6 of Decree No. 2011-2045 of 28 December 2011 bringing various provisions concerning access to the profession of road transport and access to the market of road transport.
"For the purposes of this Order in Mayotte, the term "regional prefect" is replaced by the term "prefect of Mayotte" and the term "regional advisory committee" is replaced by the term "Mayotte consultative committee". »
It is repealed the amended Order 20 December 1993 relating to the issuance of the certificate of professional capacity for the exercise of the profession of road public carrier of persons.
Is repealed the amended order dated 17 November 1999 concerning the issuance of the certificate of professional capacity and the proof of professional capacity allowing the exercise of the professions of road public carrier of goods and the rental of industrial vehicles with driver for the carriage of goods. However, the provisions of its Parts IV and V remain in force until June 30, 2012.
The Director of Transport Services is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on 28 December 2011.
For the Minister and by delegation:
The Director of Transport Services,
T. Guimbaud
