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

unofficial Table of Contents

BKrFQG

Date of expiry: 14.08.2006

Full:

" Professional Drivers-Qualification Act of 14. August 2006 (BGBl. 1958), as defined by Article 6 of the Law of 17. June 2013 (BGBl. I p. 1558) "

:Modified by Art. 6 G v 17.6.2013 I 1558

For details on the stand, see the menu under clues

footnote

(+ + + text evidence from: 1.10.2006 + + +)

The G was as article 1 of the g v. 14.8.2006 1958 passed by the Bundestag with the consent of the 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. Non-official table of contents

§ 1 Scope of application

(1) This law applies for the purpose of improving in particular road safety through the placement of special skills and knowledge, and apply to drivers and drivers,
1.
German nationals,
2.
Nationals of another Member State of the European Union or any other Contracting State of the Agreement on the European Economic Area, or
3.
are nationals of a third country and are nationals of a third country Registered office in a Member State of the European Union or State Party to the Agreement on the European Economic Area,
to the extent that it relates to journeys in the carriage of goods or passengers for commercial purposes Public roads with motor vehicles which require a driver's licence of categories C1, C1E, C, CE, D1, D1E, D or DE.(2) By way of derogation from paragraph 1, this law shall not apply to journeys made with
1.
motor vehicles, the permissible Maximum speed does not exceed 45 kilometers per hour,
2.
Motor vehicles, which are operated by the Bundeswehr, the force and the civilian success of the other States Parties to the North Atlantic Compact, the Police of the Federation and the Countries, the Customs Service and the Civil and Civil Protection and the Fire Brigade, or are subject to their instructions,
3.
Vehicles used to rescue emergency rescue services from the state-of-the-art rescue services,
4.
Vehicles that
a)
for the purpose of technical development or for repair or maintenance purposes, or for technical examination,
b)
in the performance of tasks which: Experts or examiners within the meaning of Section 1 of the Federal Motor Insurance Act or of Annex VIIIb of the Road Traffic Authorisation Order are to be used, or
c)
new or rebuilt and not yet put into
5.
motor vehicles Transport of material or equipment used by the driver or driver to exercise 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 to acquire a basic qualification in accordance with § 4 (1) and (2) or in the course of further training according to § 5
7.
Motor vehicles for non-commercial transportation 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 be
1.
with a motor vehicle that requires a Class C or CE driving license, only Who is running
a)
the 18. The company has completed a year of life and has provided proof of the acquisition of the relevant basic qualification in accordance with § 4 para. 1, or
b)
the 21. The following year is completed and proof of the acquisition of the relevant accelerated basic qualification in accordance with § 4 (2) shall be carried out;
2.
with a A motor vehicle requiring a C1 or C1E driving licence shall be carried out only if the vehicle is 18. (2) Journeys in passenger transport
beand proof of the acquisition of the relevant basic qualification in accordance with § 4 (1) or the relevant accelerated basic qualification according to § 4 (2). For commercial purposes,
1.
with a motor vehicle for which a driver's licence of classes D or DE is required to perform only who
a)
is 18. The following year is completed and the proof of the acquisition of the relevant basic qualification in accordance with § 4 (1) no. 2 is carried out, or
b)
the 21. In accordance with § 4 (1) (1) or accelerated basic qualification in accordance with § 4 (2),
of the acquisition of a relevant basic qualification pursuant to section 4 (1) (1) or accelerated basic qualification in accordance with § 4 (2))
if persons in regular services according to § § 42,43 of the Passenger Transport Act for line lengths of up to 50 kilometres;
2.
with a motor vehicle for which a driving licence for categories D1 and D1E is required to perform only who
a)
is 18. The following year is completed and the proof of the acquisition of the relevant basic qualification in accordance with § 4 (1) no. 2 is carried out, or
b)
the 21. 4 (1) or accelerated initial qualification in accordance with § 4 (2).;
3.
with a motor vehicle that requires a Class D or DE driving licence, only those who are
a)
the 20. The following year is completed and the proof of the acquisition of the relevant basic qualification in accordance with § 4 (1) no. 2 is carried out, or
b)
the 21. The 23-year-old has completed a year of life and is also required to provide proof of the acquisition of the relevant basic qualification in accordance with Section 4 (1) (1), or
c)
.
(
)entrepre shall be entitled to travel in accordance with paragraph 1 or 2, including in conjunction with paragraph 5, of the following: Do not order or permit if the driver or driver does not meet the conditions set out therein.(4) Where a driver or driver has acquired a qualification required within the age limits referred to in paragraphs 1 or 2 above, the proof of that qualification shall be replaced by the evidence provided for in the case of the higher age limit.(5) In the case of proof referred to in paragraph 1 or 2, proof of further training shall occur where such proof is provided for in accordance with § 5.(6) For a period of not more than three years, the minimum age must not be complied with in the course of a vocational training pursuant to § 4 (1) (2); a copy of the training contract shall be sent to the place of 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. Non-official table of contents

§ 3 acquis

§ 2 (1) and (2) shall not apply to drivers and drivers who are not subject to § 5. style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
have classes D1, D1E, D, DE, or an equivalent class before the 10. The following:
2.
a driving licence of categories C1, C1E, C, CE, or an equivalent class, prior to the 10.
Set 1 also applies to drivers and drivers who
1.
Category D1, D1E, D, DE or an equivalent class before the 10. September 2008 or
2.
a Class C1, C1E, C, CE, or equivalent class before the 10.
shall have been withdrawn
and have been withdrawn from, or have expired, their duration. Unofficial Table Of Contents

§ 4 Acquisition of the Basic Qualification

(1) The basic qualification is acquired by
1.
Successful deposition of a theoretical and practical exam at a chamber of industry and commerce pursuant to § 8 (1) no. 1 or
2.
The conclusion of a vocational training in the training occupations pursuant to a regulation of the law "professional driver/professional driver" or "professional in driving" or a state-recognised training occupation, in which comparable skills and knowledge for carrying out journeys with motor vehicles on public roads
() The accelerated basic qualification is acquired by participation 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 Pursuant to Section 8 (1) (1) of the Law on Legal Affairs.(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 driver by means of special activity-related skills; and Knowledge; they are acquired in relation to certain driving licence classes.(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 do not possess the driving licence required for the driving of this vehicle, must be subject to the following conditions: shall be accompanied by a valid driving licence in accordance with the driving instructing law for the relevant 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 Act The vehicle must comply with the requirements of a vehicle approved for driving training. Non-official table of contents

§ 5 Continuing Education

(1) A first advanced training is complete
1.
five years after the acquisition of the initial qualification or the accelerated Basic qualification;
2.
between the 10. 1 September 2008 and 10 September 2008 1 and 2 No.1;
3.
between 10 September 2013 in the case of § 3, first sentence, first sentence, and second sentence of paragraph 1; 9 September 2009 and 10 September 2009 In the case of § 3 sentence 1, point 2 and second sentence 2 no. 2.
The further training shall be repeated at intervals 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: style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
in the case of sentence 1 No. 1, the resulting deadline is not shorter than three years and no longer than seven years;
2.
in the case of sentence 1, no. 2, the time before the 10. September 2015;
3.
in the case of sentence 1 No. 3 of the time before the 10.
the further training is carried out by taking part in a course at a recognised training institution. In each case, it serves to keep the skills and knowledge provided by the basic qualification up to date and applies to all driving licence classes for which there is a requirement for further training.(2) Anyone who has acquired a basic qualification or has completed a training course and is subsequently temporarily no longer employed as a driver or driver in the carriage of goods or passengers for commercial purposes has to complete a training course, if that activity is resumed and the time limits referred to in paragraph 1 have expired at that date. The first sentence shall apply in the case of the second sentence of the second sentence of the second sentence of the second sentence.(3) A driver or a driver changes to another company, a further training which has already been carried out. Non-official table of contents

§ 6 Training and Examination Location

Driver and drivers who have their normal residence in the country or who are holders of a work permit-EU issued in Germany or a residence permit which shows that the activity is permitted (Section 4 (2) of the Residence Act), must be
1.
acquire the basic qualification domesticly,
2.
Complete the training domestiy or in the Member State of the European Union or of another Contracting State of the Agreement on the European Economic Area in which it
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§ 7 Recognition and supervision of training centres

(1) Recognizing training centres for the accelerated basic qualification and the further training are:
1.
Driving schools with a Driving licence of the classes CE or DE in accordance with § 10 (2) of the Fahrlehrergesetz (Fahrlehrergesetz), if the driving school permit is not resting,
2.
Driving schools and Training establishments which do not require a driving licence or recognition in accordance with Article 30 (3) of the Fahrlehrergesetz,
3.
Training companies, which have a Vocational training in the training occupations referred to in § 4 (1) no. 2,
4.
Educational institutions which are retrained to the professional driver/ Professional driver or skilled person in driving on the basis of a regulation issued in accordance with § 58 or § 59 of the Vocational Training Act, in connection with § 60 of the Vocational Training Act,
5.
the state-approved training sites in accordance with paragraph 2.
(2) Training centres for the accelerated initial qualification and further education are provided by the state law competent authority, if
1.
is responsible for the personal and causal requirements in order to provide the skills and skills required for the accelerated initial qualification and further training,
2.
in an appropriate relationship on the number of trainees and further training participants,
3.
appropriate training rooms and teaching materials for theoretical instruction ,
4.
a continuous training of the teaching staff is guaranteed and
5.
There are no facts that speak out against the applicant's personal reliability.
(3) The recognition referred to in paragraph 2 is to be revoked if the Recognition requirements are no longer available. In addition, the provisions on the lifting of administrative acts remain unaffected.(4) The training centres for the accelerated initial qualification and the further training have to comply with the provisions of this law and the legal regulation adopted pursuant to Section 8 of this Act. The monitoring of the activities of the training centres referred to in paragraph 1 (1) (1) and (5) shall be the responsibility of the competent authority under national 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. Non-official table of contents

§ 8 Legal Regulations

(1) The Federal Ministry of Transport, Building and Urban Development is authorized to with the Federal Ministry of Economics and Technology and the Federal Ministry of Education and Research with the approval of the Federal Council for regulations to be taken on
1.
the details of the acquisition of the initial qualification and further education, in particular Conditions for the admission of candidates or applicants, the content of teaching and examinations, and the issuing of certificates;
2.
the local competence the Chambers of Industry and Commerce;
3.
the conditions and the procedure for the recognition of training centres for the accelerated initial qualification, and further training;
4.
the evidence and the monitoring and the procedure; it may also be provided that evidence of the evidence of the
(2) The Chambers of Commerce and Industry regulate the examination procedure by means of the Articles of Association, which require the approval of the competent national authority.(3) The State Governments shall be empowered to determine by means of a regulation the competent authorities responsible for the implementation of this law. The national governments can transfer this authorisation to the competent national authority. Non-official table of contents

§ 9 Penal rules

(1) Contrary to the law, who intentionally or negligently contrasts with § 2 (1) or (2), in each case Also in connection with paragraph 5, a journey is carried out.(2) The order is contrary to § 2 para. 3, which arranges or permits a journey.(3) In the cases referred to in paragraph 1, the administrative offence may be punishable by a fine of up to EUR 5 000, in the cases referred to in paragraph 2, with a fine of up to twenty thousand euros.(4) To the extent that the administrative offence is found in the control of the Federal Office of Goods Transport or is committed in a company that has its registered office abroad, the Administrative Authority shall be subject to the provisions of Section 36 (1) (1) of the Act on The Federal Office for the Transport of Goods is in breach of the rules. 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).