Key Benefits:
Publics concerned: coaches, apprentice drivers and car rental companies with double orders.
Purpose: Determine the conditions relating to the attendant as well as the driver's apprentice and the characteristics of dual-control vehicles.
Entry into force: the text comes into force as of October 1, 2013, the date on which the decision of June 18, 2010 on the apprenticeship of the non-onerous category B motor vehicles is repealed.
Notice: In France, the learning of the driving of vehicles is free to the extent that it is not mandatory to use a registered establishment to learn how to drive.
However, for road safety reasons, there was a need to further supervise the learning of the driving of motor vehicles in category B of the non-cost driving licence.
The Order concerns mainly the conditions related to the accompanying function, including the terms and conditions of the related training, the dispensing places of the latter and its validity period.
References: This Order is available on the website Légifrance (http://www.legifrance.gouv.fr).
Minister of Interior and Minister of Ecology, Sustainable Development and Energy,
Vu le road codeincluding articles L. 213-1 and L. 213-7, R. 211-3, R. 221-4, R. 221-5, R. 317-25 and R. 413-5;
Vu le insurance codein particular Article L. 211-1;
In view of the amended decision of 8 January 2001 on the operation of educational establishments, on an expensive basis, of the conduct of motor vehicles and road safety;
Considering the decision of 8 January 2001 on the conditions of accreditation of associations that rely on training in driving and road safety to facilitate integration or social or vocational reintegration;
In view of the Decree of 22 December 2009 on the teaching of the conduct of land-based motor vehicles on highways;
Having regard to the amended decision of 20 April 2012, setting out the conditions for the establishment, issuance and validity of the driver's licence;
Considering the opinion of the Financial Legislation and Regulation Advisory Committee dated 29 May 2013,
Stop:
The learning of non-onerous conduct, which is conducted under the constant and direct supervision of an attendant, is open to persons who meet the following three conditions:
1° Being at least 16 years of age;
2° Be a holder of a driver's licence application form, in accordance with the provisions of the amended dated 20 April 2012 order referred to and 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;
3° Being holder of the learning booklet mentioned in thearticle R. 211-3 of the road code.
This booklet allows the driver's apprentice and the attendant to ensure the acquisition of all the skills required for driving learning.
When learning driving, these two documents must be present in the vehicle. Only the application form for a driver's licence or the receipt of the application can justify the learning situation in the event of control by the authorized agents to conduct road controls.
1. This Order concerns passenger cars and vehicles of category N1, within the meaning ofR. 311-1 road code.
These vehicles are subject to the provisions of (a) and 1°, 3° and 6° of (b) of Article 6 of the amended Decree of 8 January 2001 relating to the operation of educational establishments, on an expensive basis, of the driving of motor vehicles and road safety.
2. These vehicles must have a sign bearing the "learning" sign placed on the roof, or the "learning" sign placed at the front and rear of the vehicle clearly visible to users travelling on the public track. These panels or inscriptions shall not include any other indication, including advertising.
The panel on the roof shall be perpendicular to the longitudinal axis of vehicle symmetry and its dimensions shall not be less than 40 × 12 centimeters, nor exceed 50 × 15 centimeters.
3. These vehicles shall be subject to an insurance contract covering damages that may result from accidents caused to third parties under the conditions provided by theArticle L. 211-1 of the Insurance Code.
The attendant sits at the front of the vehicle, next to the driver's apprentice. It ensures that the apprentice driver respects the safety rules set by the road code, in particular the speed limits mentioned atR. 413-5 road code.
The accompanying person must be:
- the category of driving licence required for the driving of the vehicle used, for at least five years without interruption;
- a certificate certifying that he has followed compulsory training preparing him to perform this function, issued under the conditions defined in section 5 of this Order. The original of this certificate is to submit to the authorized agents to carry out road controls and any requisitions.
In order to be able to perform the accompanying function on a vehicle equipped with a double control device, the attendant must have previously followed a four-hour training course comprising an hour of theory and three hours of practical training.
This training, which is defined in Appendix 1 to this Order, is intended to provide the attendant with useful advice to understand the importance of his role and to teach him to use the dual control device in opportunity and security.
It takes place either in an educational institution, on an expensive basis, of road driving and road safety or in an association of registered social or professional integration or reintegration under the terms of articles L. 213-1 or L. 213-7 of the road code, either in an approved training centre for candidates to one of the required titles or diplomas for the exercise of the conduct education. It is provided by a teacher who has an authorization to teach the driving of motor vehicles and road safety that is valid.
This training takes place by means of a vehicle of the educational institution, on an expensive basis, of road driving and road safety, association or training centre.
Upon completion of the training, the head of the educational institution, on an expensive basis, of road driving and road safety, of the association or training centre, shall deliver the accompanying certificate of training to the accompanying function, in accordance with the model set out in Appendix 2 to this Order. He gives him a guide or a fact sheet that includes useful benchmarks and guidance for learning.
Licensees to teach the conduct in the course of validity, delegates and inspectors of the driver's licence and road safety are not subject to this training requirement. They shall, however, be holders of the certificate for the performance of the accompanying function, in accordance with the model set out in Appendix 3 to this Order.
This certificate is issued to teachers of driving and road safety after application to the prefect of their place of residence. It is issued to the delegates and inspectors of the driver's licence and road safety after request to their supervisor.
The original of this certificate is to submit to the authorized agents to carry out road controls and any requisitions.
The certificates referred to in Articles 5 and 6 of this Order allow the supervision of a maximum of three apprentice drivers, for a maximum of five years from the date of issue.
Each accompanying person can only receive one certificate per five-year period.
It is up to the attendant to inform each apprentice beneficiary of this learning as well.
The accompanying function exercised in the context of the learning of the driving of motor vehicles of category B without the assistance of an educational institution, in an expensive capacity, of the conduct and of the approved road safety cannot result in any remuneration of any kind.
Driving is limited to the only French road and motorway network. In accordance with the provisions of the above-mentioned Decree of 22 December 2009, the learning of the highway driving is permitted only if the student has attained a sufficient level of knowledge of road traffic and safety rules and is capable of driving at the maximum permissible speed, without disturbing or surprising other users.
The provisions of this Order come into force on or after October 1, 2013, when the decision of June 18, 2010 on the apprenticeship of Class B motor vehicles is repealed.
The prefect, delegate for road safety and traffic, is responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
A N N E X E S
A N N E X E 1
TRAINING PROGRAMME FOR THE FUNCTION OF ACCOMPAGNATOR DEFINITELY IN IMPLEMENTATION OF ARTICLE 5 OF THE ARRATORY OF 16 JULY 2013 RELATING TO THE APPROVAL OF THE CONDUCT OF VEHICLES WITHIN THE CATEGORY B OF THE PERMISSION OF CONDUCE TO NON-ONORS
Four-hour training
Theoretical part: one hour
The theoretical part of the training includes:
– the need to take into account progressivity and diversity of routes;
- the particular attention to be paid to the fatigue, stress, lack or excess of confidence of the operator;
– the usefulness of predicting difficult or risk learning situations at best.
Practical part: three hours
The practical part of the training is carried out on board the vehicle of the educational institution, on an expensive basis, of the conduct and road safety approved, of the association of insertion or social or professional reintegration approved or of the approved training center of candidates to one of the titles or diplomas required for the exercise of the teaching of motor driving and road safety, on open or closed roads to traffic.
This training is intended to enable the attendant to:
― discovering and taking over the double control device;
― to become aware of the dangers of using double commands;
knowing when and how to intervene;
– be able to intervene on the pedal and on the steering wheel.
This training is organized under the following conditions:
― in the vehicle take place the teacher of the conduct and not more than three future companions;
― each attendant, installed at the front-right of the vehicle, performs at least fifty minutes in the user situation of the double control device and receives the teacher's explanations and advice. In the event of a collective training, the other attendants installed in the rear of the vehicle are, at the same time, in a pedagogical listening situation. At the end of this phase, ten minutes are devoted to the performance of each attendant.
This assessment includes:
― the feeling of the attendant;
an exchange between the conductor and the accompanying person(s) present in the vehicle;
― an assessment of the teacher accompanied by advice to the attention of the attendant(s).
A N N E X E 2
TRAINING ATTESTATION
THE FUNCTIONING OF ACCOMPAN
Issued pursuant to Article 5 of the 16 July 2013 decision on the apprenticeship of motor vehicles in Class B of the non-cost driving licence (value 5 years)
Ms., Mr.
Last name
License to teach the driving of motor vehicles of category(s):
N°
Certifies that Ms., Mr. (name of family)
User name (if applicable)
First name
Born .../.../...
Common Department Country
Home
Holder of driver's license of category B obtained the .../.../...
Followed by: Commune Département
The.../.../.../..., four hours of training to ensure the accompanying function and to use the dual control device of the learning vehicle to accompany:
1. Name and name of the driver apprentice (*):
Born .../.../...
Common Department Country
2. Name and name of the driver apprentice (*):
Born .../.../...
Common Department Country
3. Name and name of the driver apprentice (*):
Born .../.../...
Common Department Country
Signature of the recipient of the training
Teacher Signature
Signature of the licensee and stamp of the establishment
The original of the certificate is given to the trainee. Another copy is retained by the educational institution, on an expensive basis, of road driving and road safety, association or training centre for a period of five years.
The attendant can only receive one certificate per five-year period.
This certificate must be submitted in the event of control by law enforcement and any requisition.
A N N E X E 3
ATTESTATION FOR EXERCISE
OF THE CHILDREN'S FUNCTION
Issued pursuant to Article 6 of the 16 July 2013 decision on the apprenticeship of motor vehicles in Class B of the non-cost driving licence (valid five years)
The prefect of the place of residence (for teachers of driving and road safety) (1):
or
The supervisor (for delegates and inspectors of the driver's licence and road safety) (1):
Certifies that Ms., Mr. (name of family):
User name (if applicable):
First name
Born.../.../...
Common Department Country
As:
Teacher of road driving and road safety, holder of a valid education authorization (1);
Conduct and road safety inspector (1);
Delegate to driver's licence and road safety (1),
can perform the accompanying function and use the dual control device of the learning vehicle for the accompaniment of:
1. Name and name of the driver apprentice (*):
Born .../.../...
Common Department Country
2. Name and name of the driver apprentice (*):
Born .../.../...
Common Department Country
3. Name and name of the driver apprentice (*):
Born .../.../...
Common Department Country
Signature of the recipient of the certificate
Signature of the Prefect
or
Signature of supervisor
The original of the certificate is given to the attendant. Another copy is retained by the prefect or supervisor for a period of five years.
The attendant can only receive one certificate per five-year period.
This certificate must be submitted in the event of control by law enforcement and any requisition.
Done on 16 July 2013.
The Minister of the Interior,
For the Minister and by delegation:
The Prefect, Security Delegate
and road traffic,
F. Péchenard
The Minister of Ecology,
Sustainable Development
and energy,
For the Minister and by delegation:
The Prefect, Security Delegate
and road traffic,
F. Péchenard
