Act On The Initial Qualification And Periodic Training Of Drivers Of Certain Road Vehicles For The Good Force Or Movement Of Persons

Original Language Title: Gesetz über die Grundqualifikation und Weiterbildung der Fahrer bestimmter Kraftfahrzeuge für den Güterkraft- oder Personenverkehr

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Read the untranslated law here: http://www.gesetze-im-internet.de/bkrfqg/BJNR195810006.html

Act on the initial qualification and periodic training of drivers of certain road vehicles for the good force or movement of persons (professional drivers qualifying law - BKrFQG) BKrFQG Ausfertigung date: 14.08.2006 full quotation: "professional drivers-qualifying Act of August 14, 2006 (BGBl. I S. 1958), by article 6 of the law of 17 June 2013 (Gazette I p. 1558) is changed" stand: amended by art. 6 G v 17.6.2013 I 1558 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from) : 1.10.2006 +++) the G was as article 1 of the G v. 14.8.2006 1958 adopted by the Bundestag with the consent of the Bundestag with the consent of the Federal Council. It is under article 3 sentence 2 to the 1.10.2006 entered into force; § 8 is entered into force on 18.8.2006.

§ 1 scope of application (1) this Act applies for the purposes of improving safety in road traffic through the mediation of special work-related skills and knowledge in particular and applies to drivers and riders, German nationals are the 1, 2 are nationals of another Member State of the European Union or another Contracting State to the agreement on the European economic area or nationals of a third country are 3 and in a company established in a Member State of the European Union or Contracting State of the agreement on the European economic area employed or employed, perform as far as the trips in the good force or movement of persons for commercial purposes on public roads with motor vehicles, for a driving licence of categories C1, C, CE, C1E, D1, D1E, D or DE is required.
(2) by way of derogation from paragraph 1 applies this law not for journeys with 1 motor vehicles, whose maximum speed does not exceed 45 kilometers per hour, 2 vehicles, which the police forces of the Federal and State Governments, the customs service, as well as civil and civil protection and firefighters deployed by the German armed forces, the force and the civilian Entourage of other Contracting States of the Nordatlantikpaktes, or its instructions are subject to , 3. motor vehicles, used for emergency rescue by the emergency services recognized by State law, 4 motor vehicles, a) for the purpose of technical development or for repair or maintenance purposes, or to the technical investigation are subjected to tests, b) perception of tasks that are transferred to the experts or auditors in the sense of § 1 of the combined driving experts Act or VIIIb of the road system, used in, or c) new or rebuilt and still not put into operation have been , 5 motor vehicles for the transport of material or equipment, which uses the driver or the driver to the profession, unless it was at the driving of the motor vehicle not to the main employment 6 training vehicles in a driving school and motor vehicles, which are used to purchase of a basic qualification to § 4 paragraph 1 and 2 or during the training according to § 5, 7 vehicles to the non-commercial carriage of passengers or goods to private purposes.

§ 2 minimum age, qualification (1) rides in the haulage to commercial purposes 1 with a motor vehicle for which a driving licence of the class C or CE is required, it must not execute only who a) has reached age 18 and the proof of purchase of the relevant basic qualifications pursuant to § 4 para 1 is carrying, or b) completed the 21 years of age and has the proof of purchase of the applicable accelerated initial qualification according to § 4 paragraph 2;
2. a motor vehicle for a class C1 or C1E driver's licence is required, only perform, who has completed 18 years of age and the proof of purchase of relevant qualification according to § 4 paragraph 1 or the relevant accelerated initial qualification according to § 4 paragraph 2 carries.
(2) rides in the passenger transport for commercial purposes may 1 with a motor vehicle, for the driving licences of categories D or DE is required, use only, who a) has reached age 18 and according to § 4 para 1 No. 2 has the proof of purchase of the relevant basic qualifications, or b) the 21st has reached age and according to § 4 paragraph 1 number 1 or accelerated initial qualification has the proof of purchase of a relevant qualification according to § 4 paragraph 2 , unless people in line traffic promoted after the sections 42, 43 of the passenger transport act with line lengths of up to 50 kilometres.
2. with a motor vehicle for the driving licences of categories D1 and D1E is required, only perform, who a) has reached age 18 and according to § 4 para 1 No. 2 has the proof of purchase of the relevant basic qualifications, or b) the 21st has reached age and according to § 4 paragraph 1 carries the evidence relating to the purchase of a relevant qualification according to § 4 paragraph 2 number 1 or accelerated initial qualification;
3. with a motor vehicle, for the driving licences of categories D or DE is required, use only, who a) completed the 20th year of life and according to § 4 para 1 No. 2 has the proof of purchase of the relevant basic qualifications, or b) the 21st has reached age and according to § 4 para 1 No. 1 carries the proof of purchase of the relevant basic qualifications , or c) the 23 has reached age and the proof of purchase of an applicable accelerated initial qualification according to § 4 paragraph 2 carries.
(3) the operator rides may pursuant to paragraph 1 or 2, in conjunction with paragraph 5, arrange nor allow, if the driver or the driver does not meet the conditions there laid down.
(4) a driver or a driver gained a skill within the age limits referred to in paragraph 1 or 2, proof occurs in reaching the higher age limit at the point of there provided evidence.
(5) a certificate referred to in paragraph 1 or 2 proof of continuing education shall be replaced, as far as this is provided under section 5.
(6) for a period of not more than three years no. 2 is not maintained within the framework of vocational training according to article 4, paragraph 1 the minimum age; a copy of the training agreement takes the place of the document pursuant to paragraph 1 or 2. The period pursuant to sentence 1 begins on the date of the granting of a licence pursuant to paragraph 1 or 2 for the relevant class.

Subject to section 5, § 3 acquis article 2, paragraph 1 and 2 shall not apply to riders and skiers, 1 a licence of classes D1, D1E, D, DE, or possess an equivalent class granted before September 10, 2008.
have 2. driving licence of categories C1, C1E, C, CE, or an equivalent class, which has been issued before September 10, 2009.
Sentence 1 shall apply also for riders and racers, the 1 a driving licence the class D1, D1E, D, DE, or before September 10, 2008 or 2. C1, C1E, C, CE, or an equivalent class having a driving licence of the class an equivalent class before September 10, 2009 and which has been withdrawn them, that they have waived or their period of validity has expired.

§ 4 acquisition of basic qualifications (1) which is basic qualifications acquired by 1 successful passing of a theoretical and practical exam at an industrial and commercial Chamber in accordance with a regulation on the basis of § 8 para 1 No. 1 or 2 completion of vocational training in the occupations of "professional drivers/professional power driver" or "Specialist in drive mode", or a State-recognized vocational training are taught in which comparable skills and knowledge to carry out tours with motor vehicles on public roads.
(2) the accelerated initial qualification will serve gained through participation in classes at an accredited training facility and the successful passing of a theoretical examination at a Chamber of Commerce and industry - no. 1 (3) the basic skills improving safety in road transport and general professional skills of the driver and the driver through the mediation of special work-related skills and knowledge in accordance with a regulation on the basis of § 8 paragraph 1 according to paragraph 1 or 2; they are acquired calculated based on certain classes of driver's licence.
(4) a person who leads a motor vehicle on public roads in the acquisition of basic skills or the accelerated initial qualification and does not have the licence required for driving this vehicle, must be accompanied by a person who has a valid driving instructor permit under the Act of driving instructors for the appropriate class of licence. During these trips, the accompanying person is considered the leader of the motor vehicle within the meaning of the road traffic Act. The vehicle must meet the requirements of the vehicle approved for driver training.

§ 5 (1) a continuing education is first training to complete 1 five years after the date of purchase of the initial qualification or the accelerated initial qualification.
2. between September 10, 2008 and September 10, 2013 in the case of paragraph 3 sentence 1 number 1 and sentence 2 No. 1;
3. between September 10, 2009 and September 10, 2014 in the case of paragraph 3 sentence 1 No. 2 and sentence 2 No. 2.
The training must be repeated at intervals of five years each. By way of derogation from the time limit pursuant to sentence 1 the training at an earlier or later time can be completed, that matches with the end of the period of validity of the licence, as far as 1 the resulting then period 1 in the case of theorem is not less than three years and not more than seven years 1 No.;
2. in the case of sentence 1 No. 2 the time is before 10 September 2015.
3. in the case of sentence 1 No. 3 is the time before September 10, 2016.
The training is performed by taking part in a study with an accredited training facility. You each serves to keep the skills mediated through the basic skills and knowledge up to date and applies to all licence classes for which the obligation to continuing education.
(2) a person who has successfully completed an initial qualification, or completed a training and employed temporarily no longer as a driver or driver in the good force or movement of persons for commercial purposes, has to complete an education, if this activity is taken up again and this time expired the periods referred to in paragraph 1. Sentence 1 shall apply at the new Division of the licence in the case of paragraph 3 sentence 2 according to.
(3) a driver or a driver moves to another undertaking, already carried out training is so to be.

§ 6 training and location drivers and riders who have their normal residence in Germany or are holder of a work permit EU granted at home or a residence permit, which suggests that employment is permitted (§ 4 para 2 of the residence Act), must 1 obtain the initial qualification in Germany, 2. complete the training at home or in the Member State of the European Union or of another Contracting State of the agreement on the European economic area , in which they are employed.

§ 7 recognition and supervision of training institutions (1) are recognized training institutions for the accelerated initial qualification and further education: 1 driving schools with a driving school license of class CE or DE perform according to § 10 par. 2 of the driving instructor law, provided that the driving school permit does not rest 2 driving schools and driving instructor training facility, requiring according to § 30 para 3 of the driving instructor law of any driving school permit and any recognition, 3. training establishments, a vocational training in article 4, paragraph 1 occupations referred to in no. 2 , 4. educational, retraining for the professional drivers / of the vocational training Act, in conjunction with section 60 of the vocational training Act, adopted regulation to the occupation force driver or specialist operation based on the perform one according to § 58 or section 59, 5. pursuant to paragraph 2 State-recognized training institutions.
(2) training facilities for the accelerated initial qualification and further education are State-recognized by the competent national law if 1 they have the personnel and neuter requirements for communicating the knowledge required for the accelerated initial qualification and further education and skills, they deal with 2nd in proportional to the number of education and training participants sufficient teaching staff, 3. suitable training rooms, as well as teaching material for theoretical instruction are available , 4. continuous training of teaching staff is provided and 5 no facts exist which speak against the personal reliability of the applicant.
(3) the recognition referred to in paragraph 2 shall be revoked when the recognition criteria no longer exist. In addition, the rules concerning the annulment of administrative acts remain unaffected.
(4) the training centres for the accelerated initial qualification and further education have to observe the provisions of this law and the regulation adopted on the basis of article 8 in their activities. The supervision of the activities of the training institutions is no. 1 and 5 referred to in paragraph 1 the competent according to national law. She can take all necessary measures to this end. She can in particular, demand that their representatives to the usual Office and business hours for teaching and business premises to enter there perform tests and inspections and take part in the lessons. You can also a training facility after paragraph 1 No. 1 prohibit the exercise of functions under this Act, if it does not meet the conditions referred to in paragraph 2. The supervision of the activities of the training institutions number 3 and 4 is the Chambers of trade and industry referred to in paragraph 1. The rates of 4 and 5 shall apply for this.

Section 8 regulations (1) is authorized the Federal Ministry for transport, building and urban development, in consultation with the Federal Ministry of Economics and technology and the Federal Ministry of education and research by decree with the consent of the Federal Council regulations to meet about 1 modalities for the acquisition of initial qualification and further training, in particular on conditions of admission of applicants or applicant, content of lessons and tests, as well as issuing certificates;
2. the territorial jurisdiction of the Chambers of Commerce and industry;
3. the detailed conditions and the procedure of recognition of training facilities for the accelerated initial qualification and professional development;
4. the evidence as well as the monitoring and the procedure; This can also be seen above, that certificates issued by the authorities responsible for issuing licences.
(2) the Chambers of Commerce and industry - regulate the examination procedure by statute, which requires the approval of the Supreme authority of the country.
(3) the land Governments are empowered to determine the authorities responsible for the implementation of this law by a regulation. The State Governments can transfer this authorization to the Supreme authority of the country.

§ 9 is fine provisions (1) any person who intentionally or negligently performing contrary to article 2, paragraph 1 or 2, also in connection with paragraph 5, a ride.
(2) any person who violates article 2 par. 3 arranges a ride or permits is being.
(3) the offence may in the cases of paragraph 1 with a fine up to five thousand euros, in cases of paragraph 2 with a fine punishable up to twenty thousand euro.
(4) if the offence during a check of the Federal Office for goods transport is detected or is committed in a company, which is based in a foreign country, administrative authority is the Federal Office for goods transport in the sense of § 36 para 1 No. 1 of the code of administrative offences. In other cases, management authority is the authority according to § 8 section 3 specific within the meaning of § 36 para 1 No. 1 of the code of administrative offences.