Law on the basic qualification and further training of drivers of certain motor vehicles for the carriage of goods or passengers by road (professional drivers-qualification-law-BKrFQG)

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BKrFQG

Date of completion: 14.08.2006

Full quote:

" Professional Drivers-Qualification Act of 14 August 2006 (BGBl. I p. 1958), which is based on Article 6 of the Law of 17 June 2013 (BGBl. I p. 1558).

Status:

Amended by Art. 6 G v 17.6.2013 I 1558

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.10.2006 + + +) 

  

The G was approved by the Bundestag as Article 1 of the G v. 14.8.2006 1958 with the consent of the German Bundestag with the consent of the Bundesrat. It's gem. Article 3, sentence 2, entered into force on 1 October 2006; § 8 entered into force on 18 August 2006. Unofficial table of contents

§ 1 Scope

(1) This Act shall apply, in particular, to the improvement of road safety by means of the provision of specific activity-related skills and knowledge, and shall apply to drivers who are

1.

are German nationals,

2.

Are nationals of another Member State of the European Union or of another Contracting State of the Agreement on the European Economic Area; or

3.

are nationals of a third country and are employed or employed in a company established in a Member State of the European Union or a State Party to the Agreement on the European Economic Area,

in so far as they carry out the journeys in the carriage of goods or passengers for commercial purposes on public roads with motor vehicles for which a driving licence of categories C1, C1E, C, CE, D1, D1E, D or DE is required. (2) By way of derogation from The provisions of paragraph 1 shall not apply to journeys by:

1.

motor vehicles whose maximum permissible speed does not exceed 45 kilometres per hour;

2.

Vehicles used by the Federal Armed Forces, the Force and the Civil Gefolge of the Other States Parties to the North Atlantic Compact, the Federal and State Police, the Customs Service and the Civil and Civil Protection and the Fire Brigade shall be subject to their instructions,

3.

motor vehicles used for emergency rescue operations carried out by rescue services recognised under national law;

4.

Motor vehicles which

a)

, for the purpose of technical development or for repair or maintenance purposes, or for technical inspection,

b)

in the performance of tasks assigned to the experts or examiners within the meaning of Section 1 of the Motor Insurance Act or of Annex VIIIb to the Road Traffic Authorisation Order, or

c)

new or rebuilt and have not yet been put into operation,

5.

Motor vehicles intended for the carriage of materials or equipment used by the driver or driver for the purpose of exercising the profession, provided that the driving of the motor vehicle is not the main occupation,

6.

training vehicles in a driving school and motor vehicles used for the acquisition of a basic qualification in accordance with § 4 (1) and (2) or in the course of further training pursuant to § 5,

7.

Motor vehicles for the non-commercial movement of persons or goods for private purposes.

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§ 2 Minimum age, qualification

(1) voyage in the carriage of goods by road for commercial purposes may

1.

with a motor vehicle for which a driving licence of categories C or CE is required, only those who

a)

the 18. Has completed the life year and carries out the proof of the acquisition of the relevant basic qualification in accordance with § 4 para. 1, or

b)

the 21. Has completed the life year and carries out the proof of the acquisition of the relevant accelerated basic qualification in accordance with § 4 para. 2;

2.

with a motor vehicle for which category C1 or C1E is required, only to carry out the 18-year driving licence. It has completed a life-year and has provided proof of the acquisition of the relevant basic qualification in accordance with § 4 (1) or the relevant accelerated basic qualification in accordance with § 4 (2).

(2) journeys in the carriage of persons for commercial purposes may

1.

with a motor vehicle for which a licence of classes D or DE is required, only who

a)

the 18. Has completed the life year and carries out the proof of the acquisition of the relevant basic qualification in accordance with Section 4 (1) no. 2, or

b)

the 21. is completed and the proof of the acquisition of a relevant basic qualification pursuant to section 4 (1) (1) or an accelerated basic qualification in accordance with section 4 (2) of the Basic Qualification, shall be carried out,

where persons on scheduled services are transported by line lengths of up to 50 kilometres in accordance with § § 42, 43 of the Passenger Transport Act;

2.

with a motor vehicle for which a driver's licence for categories D1 and D1E is required, only who

a)

the 18. Has completed the life year and carries out the proof of the acquisition of the relevant basic qualification in accordance with Section 4 (1) no. 2, or

b)

the 21. is completed and has the proof of the acquisition of a relevant basic qualification in accordance with Section 4 (1) (1) or an accelerated basic qualification in accordance with § 4 (2);

3.

with a motor vehicle for which a licence of classes D or DE is required, only who

a)

the 20. Has completed the life year and carries out the proof of the acquisition of the relevant basic qualification in accordance with Section 4 (1) no. 2, or

b)

the 21. Has completed the life year and carries out the proof of the acquisition of the relevant basic qualification in accordance with section 4 (1) (1), or

c)

the 23. The company has completed a period of life and has also provided proof of the acquisition of a relevant accelerated basic qualification in accordance with § 4 (2).

(3) The trader shall neither order nor permit journeys referred to in paragraph 1 or 2, including in conjunction with paragraph 5, if the driver or the driver does not meet the conditions set out in that paragraph. (4) If a driver or driver has one inside of the age limits referred to in paragraph 1 or 2 shall be replaced by proof that the higher age limit is reached by the body of the certificate provided for in paragraph 1 or 2. (5) Proof of further training shall be provided in so far as such training is provided for in accordance with § 5. (6) For the period of not more than three years must not be met by the minimum age within the framework of a vocational training pursuant to § 4 (1) (2); a copy of the training contract shall be replaced by the proof referred to in paragraph 1 or 2. The period referred to in the first sentence shall begin on the day of the granting of a driving licence for the class referred to in paragraph 1 or 2. Unofficial table of contents

§ 3 Acquis

§ 2 (1) and (2) shall not apply to drivers and drivers, subject to § 5.

1.

have a driving licence of categories D1, D1E, D, DE or an equivalent class which has been granted before 10 September 2008;

2.

have a driving licence of categories C1, C1E, C, CE or an equivalent class which has been issued before 10 September 2009.

The first sentence shall also apply to drivers and drivers who:

1.

a licence for category D1, D1E, D, DE or an equivalent class prior to 10 September 2008; or

2.

a driving licence of class C1, C1E, C, CE or an equivalent class before 10 September 2009

have been deprived of and have been withdrawn from them, or have expired or have expired. Unofficial table of contents

§ 4 Acquisition of the Basic Qualification

(1) The basic qualification is acquired by

1.

Successful filing of a theoretical and practical examination at a Chamber of Industry and Commerce in accordance with a regulation pursuant to Section 8 (1) (1) or

2.

Completion of vocational training in the training occupations of "professional drivers/professional drivers" or "skilled person in driving" or a state-recognised training occupation, in which comparable skills and knowledge for the implementation of Driving motor vehicles on public roads.

(2) The accelerated basic qualification shall be acquired by taking part in the teaching of a recognised training centre and the successful completion of a theoretical examination at a Chamber of Industry and Commerce in accordance with the conditions laid down in (3) The basic qualifications referred to in paragraph 1 or 2 shall be used to improve road safety and the general professional skills of the driver and the driver by means of the conciliation procedure. special activity-related skills and knowledge; they shall be referred to (4) Those who, as part of the acquisition of the basic qualification or the accelerated basic qualification, carry a motor vehicle on public roads and the driving licence required for the driving of this vehicle does not possess, must be accompanied by a person who has a valid driving licence according to the driving instructing law for the respective driving licence class. In the case of these journeys, the accompanying person shall be considered the leader of the motor vehicle in the sense of the Road Traffic The vehicle must comply with the requirements of a vehicle approved for driving training. Unofficial table of contents

§ 5 Training

(1) A first training shall be completed

1.

five years after the date of the acquisition of the initial qualification or the accelerated basic qualification;

2.

between 10 September 2008 and 10 September 2013 in the case of section 3, first sentence, point 1 and second sentence, no. 1;

3.

between 10 September 2009 and 10 September 2014 in the case of section 3, first sentence, point 2 and second sentence 2, no. 2.

The training must be repeated at a distance of five years. By way of derogation from the period laid down in the first sentence, the further training may be completed at an earlier or later date which corresponds to the end of the period of validity of the driving licence, to the extent that:

1.

in the case of sentence 1 (1), the period then resulting shall not be less than three years and not more than seven years;

2.

in the case of sentence 1, point 2, the date before 10 September 2015;

3.

in the case of sentence 1, point 3, the date before 10 September 2016.

The training is carried out by taking part in a course at a recognised training centre. In each case, it serves to keep the skills and knowledge acquired by the basic qualification up to date and applies to all driving licence classes for which there is a duty to further education. (2) Those who have a basic qualification , and thereafter temporarily no longer employed as a driver or driver in the carriage of goods or passengers for commercial purposes, has to conclude a further training if this activity is resumed , and the time limits referred to in paragraph 1 have expired at that date. Sentence 1 shall apply when the driving licence is re-issued in the case of the second sentence of section 3. (3) A driver or a driver changes to another company, a further training which has already taken place shall be expected. Unofficial table of contents

§ 6 Training and Examination Place

Drivers who have their normal residence in Germany or who are holders of a work permit-EU issued in Germany or a residence permit which shows that they are permitted to work (Section 4 (2) of the Residence Law), must:

1.

acquire the basic qualification domesticated,

2.

to complete further training in the territory of the country or in the Member State of the European Union or of another State Party to the Agreement on the European Economic Area in which they are employed.

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Section 7 Recognition and supervision of training centres

(1) Recognised training centres for the accelerated basic qualification and further training are:

1.

Driving schools with a driving licence for categories CE or DE in accordance with § 10 (2) of the Fahrlehrergesetz (Fahrlehrergesetz), provided that the driving licence does not rest,

2.

Driving schools and instructing training centres which do not require a driving licence and no recognition in accordance with Article 30 (3) of the Fahrlehrergesetz (Fahrlehrergesetz),

3.

Training establishments which carry out vocational training in the training occupations referred to in Article 4 (1) (2),

4.

Educational institutions which are retraining to the professional driver or to the professional in driving on the basis of a vocational training law according to § 58 or § 59 of the Vocational Training Act, in each case in conjunction with § 60 of the Vocational Training Act, shall implement the provisions adopted,

5.

the training centres officially recognised in accordance with paragraph 2.

(2) Training centres for the accelerated basic qualification and further training shall be recognised by the competent authority of the country, if:

1.

have the necessary knowledge and skills to provide the skills and skills required for the accelerated basic qualification and training,

2.

to employ adequate teaching staff in proportion to the number of participants in the training and training,

3.

appropriate training rooms and teaching materials for theoretical instruction are available,

4.

Continuous training of teaching staff is guaranteed and

5.

there are no facts which speak against the personal reliability of the applicant.

(3) The recognition referred to in paragraph 2 shall be revoked if the conditions for recognition are no longer available. Furthermore, the rules on the abolition of administrative acts remain unaffected. (4) The training centres for the accelerated basic qualification and the continuing training have the provisions of this law and of the on-the-ground training in their activities. Article 8 of the Law on Legal Affairs. The monitoring of the activities of the training centres referred to in paragraph 1 (1) (1) and (5) shall be the responsibility of the authority responsible under It may, for that purpose, take all necessary measures. In particular, it may require that its representatives enter teaching and business premises at the usual office and office hours, carry out examinations and visits, and take part in the lessons. In addition, it may prohibit a training institution referred to in paragraph 1 (1) from carrying out activities under this Act if it does not fulfil the conditions laid down in paragraph 2. The monitoring of the activities of the training centres referred to in paragraphs 3 and 4 of paragraph 1 shall be the responsibility of the Chambers of Industry and Commerce. For these, the sentences 4 and 5 shall apply accordingly. Unofficial table of contents

§ 8 Legal Regulations

(1) The Federal Ministry of Transport, Building and Urban Development is authorized, in agreement with the Federal Ministry of Economics and Technology and the Federal Ministry of Education and Research, by means of a legal regulation with the consent of the Federal Ministry of Economics and Technology Federal Council regulations to be adopted on

1.

the detailed arrangements for the acquisition of the initial qualification and further training, in particular on the conditions for the admission of candidates or applicants, the content of teaching and examinations, and the issuing of certificates;

2.

the local competence of the Chambers of Commerce and Industry;

3.

the more detailed conditions and the procedure for the recognition of training centres for the accelerated initial qualification and for further training;

4.

the evidence, the monitoring and the procedure, and it may also be provided for evidence to be issued by the authorities responsible for the issue of driving licences.

(2) The Chambers of Commerce and Industry shall regulate the examination procedure by means of the statutes which require the approval of the competent national authority. (3) The State Governments shall be empowered to implement this Regulation by means of a legislative decree. Law competent authorities. The national governments can transfer this authorisation to the competent national authority. Unofficial table of contents

§ 9 Penal rules

(1) The person who intentionally or negligently carries out a voyage in breach of § 2 (1) or (2), also in connection with paragraph 5. (2) is acting contrary to the law, who arranges or permits a journey against § 2 para. 3. (3) The In the cases referred to in paragraph 1, an administrative offence may be punishable by up to five thousand euros, in the cases referred to in paragraph 2, with a fine of up to 20 000 euro. (4) Insofar as the administrative offence is subject to a control of the The Federal Office for the Transport of Goods is established or is committed in a company that has its head office abroad , the Federal Office of Goods Transport is the administrative authority within the meaning of Section 36 (1) (1) of the Code of Administrative Offences. In the other cases, the administrative authority, within the meaning of Section 36 (1) (1) of the Code of Administrative Offences, is the authority determined in accordance with Section 8 (3).