Regulation On The Implementation Of The Professional Drivers Qualifying Act

Original Language Title: Verordnung zur Durchführung des Berufskraftfahrer-Qualifikations-Gesetzes

Read the untranslated law here: http://www.gesetze-im-internet.de/bkrfqv/BJNR210810006.html

Regulation on the implementation of the professional drivers qualifying Act (professional drivers qualifying regulation - BKrFQV) BKrFQV Ausfertigung date: 22.08.2006 full quotation: "professional drivers qualification regulation by August 22, 2006 (BGBl. I p. 2108), by article 2 of the regulation of 16th April 2014 (BGBl. I p. 348) is changed" stand: amended by art. 2 V v. 16.4.2014 I 348 for details on the stand number you see in the menu see remarks footnote (+++ text detection from: 1.10.2006 +++) Regulation was article 1 V v. 22.8.2006 I 2108 of the Federal Ministry of transport , Construction and urban development adopted in agreement with the federal ministries of Economics and technology, and education and research with the consent of the Federal Council. She entered into force article 6 of this V on the 1.10.2006 according.

§ The previous acquisition of the respective licence is not required 1 acquisition of basic qualifications (1) for access to the acquisition of basic skills.
(2) the examination of the initial qualification consists of a theoretical and a practical examination in accordance with Appendix 2. Through them, the applicant or the applicant has to prove that he or she has the necessary basic knowledge and skills in the areas of knowledge for the relevant entitlements listed in Appendix 1.
(3) the holder of a technical qualification certificate according to § 4 paragraph 6 of professional access regulation for road passenger transport, or according to § 4 paragraph 6 of for the road haulage profession access regulation are extent exempt from the theoretical exam, as the test subject is already subject to the scrutiny under these regulations. The duration of the theoretical examination is to shorten accordingly.
(4) the examination is filed in for the place of residence of the applicant or the applicant of competent Industrie - und Handelskammer, can consult for the practical part of officially approved expert or inspector for automobile traffic. The Chamber of trade and industry must consult 1 designated expert or Inspector in record, as far as the Chamber of trade and industry does not have its own staff with equivalent qualifications. If necessary, the competent Chamber of industry and trade at least once in the quarter must set an exam appointment. The applicant or the applicant can be referenced with his or her consent to a Chamber of Commerce and other industry - if within a quarter less than three applicants and applicants to the exam on or otherwise economic losses would be the applicant or the applicant.
(5) the examination is considered passed when at least sufficient services are provided in the practical and theoretical part.

§ 2 purchase of the accelerated initial qualification (1) for access to the acquisition of the accelerated initial qualification is not necessary the previous acquisition of the respective licence.
(2) the length of the lesson is 60 minutes each a total of 140 hours. During the lessons are each to convey the necessary basic knowledge and skills in the fields of knowledge listed in Appendix 1.
(3) the applicant and the applicant must complete at least ten hours a vehicle of its class under the supervision of a person in the course of teaching, which has a valid driving instructor license for the appropriate class of driver's licence under the Act of driving instructor. The motor vehicle must meet the relevant criteria for testing vehicles of numbers 2.2.6 to 2.2.13 of the annex 7 of the driver's licence Regulation. It must satisfy the requirements of number 2.2.16 of the annex 7 of the driver's licence Regulation also provided that the applicant or the applicant still does not have the licence of that class of driver's licence. Of the hours pursuant to sentence 1 can accounted for up to four on exercises a special area within the framework of a driver training or in a powerful Simulator.
(4) the examination consists of a written examination of 90 minutes duration and includes at least one question on each of the relevant objectives set out in Appendix 1. The test is to demonstrate that the content of the knowledge areas listed in Appendix 1 are controlled.
(5) the examination is filed in for the place of residence of the applicant or the applicant of competent Industrie - und Handelskammer. If necessary, the competent Chamber of industry and trade at least once in the quarter must set an exam appointment. The applicant or the applicant can be referenced with his or her consent to a Chamber of Commerce and other industry - if within a quarter less than three applicants and applicants to the exam on or otherwise economic losses would be the applicant or the applicant.
(6) the examination is considered passed when at least satisfactory services are rendered.
(7) holder of a technical qualification certificate according to § 4 par. 6 of professional access regulation for road passenger transport, or according to § 4 paragraph 6 of professional access regulation for road haulage are by participating in the lessons and freed examination insofar as test subject already are subject to the scrutiny under these regulations. The duration of participation in teaching and examination are to shorten accordingly.

Section 3 education and examination requirements in special cases are driver and drivers in road transport, which extend their activities to passenger transport, or driver and female passenger who extend their activities on the road haulage or change and have acquired a basic qualification must place in the theoretical and practical examination according to § 1 para 2 only those parts, concerning which vehicles, subject to the new initial qualification. The teaching duration 35 hours to 60 minutes each, of which 2.5 hours must account for the driving of a motor vehicle of the relevant classes that must meet the requirements according to § 2, paragraph 3, sentence 2, is at completion of the accelerated initial qualification. For the drivers referred to in sentence 1 and riders the theoretical exams is also confined to those knowledge areas referred to in annex 1, which relate to the motor vehicles, are the subject of the new initial qualification.

The knowledge areas listed in Appendix 1 are § 4 (1) training through the training to deepen and to repeat, with emphasis on road safety and economical fuel consumption.
(2) the duration of the training is 35 hours of 60 minutes each, are given in separate training units (time units) of at least seven hours. the time units can be completed with various training institutions. A part of the training may accounted for exercises on a particular site as part of a driver training or in a powerful Simulator.

§ 5 has evidence (1) after the 1st successful passing of the examination the Industrie - und Handelskammer, issue 2 the completion of time units according to § 4 para 2 (partial performance) as well as after completing the training has a certificate of each services or partial services provided the training facility.
(2) the initial qualification and training be proven by the entry of the harmonised key number of the European Union on the driving licence (key number 95 according to annex 9 of the driver's licence Regulation) as far as a German driver's license can be issued. The driver qualification certificate issued by another Member State of the European Union or another Contracting State to the agreement on the European economic area or the entry of the harmonised key number of the European Union on the driving licence issued by another Member State of the European Union or another Contracting State to the agreement on the European economic area are just the proof pursuant to sentence 1.
(3) riders and racers in the sense of § 1 para 1 No. 3 of the professional drivers qualifying Act, who rides in the 1st road haulage will must initial qualification and further education demonstrate through a valid attestation referred to in article 3 paragraph 1 of Regulation (EEC) No. 881/92 of 26 March 1992 on access to the road haulage market for promotions in the community from or to a Member State or by one or more Member States (OJ EC No. L 95, p. 1), most recently by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, of Republic Poland, of Republic Slovenia and the Slovak Republic and the adjustments to the treaties constituting the European Union - annex II: list referred to in article 20 of the Act of accession - 8 transport policy - C. road transport (OJ EU 2003 No. L 236 p. 449) is changed, as far as contains this information;
2. passenger conduct, initial qualification and further education can prove also national certificate issued by another Member State of the European Union or another Contracting State to the agreement on the European economic area by a domestically.
(4) the entry of the harmonised key number is carried out by the competent authority for the issue of licences as far as referred to in paragraph 1 resulting from the certificates, that the corresponding initial qualification or training has been acquired. Under the same conditions pursuant to sentence 1, also the entry in the driver attestation in the field "Special comments" is performed by the competent authority for the grant. The entry reads: "95th is accountant/driver owner/holder of a qualification and the qualification requirement is referred to in article 3 of Directive 2003/59/EC of 15 July 2003 to the... met". Under the conditions pursuant to sentence 1 half set of 2 issued the certificate No. 2 for drivers pursuant to paragraph 3 pattern Appendix 3 the authority competent under national law.
(5) the evidence pursuant to paragraphs 2 and 3 are handed over to the competent persons for the control with the implementation of trips.

Article 6 recognition of training sites is the application for recognition of a training centre for the accelerated initial qualification and training in writing. The application that are testing the recognition requirements to provide necessary documents, in particular the training program in which closer to represent the taught subject areas on the basis of the knowledge areas listed in Appendix 1 as well as the planned implementation and teaching methods are 1;
2. the number, qualifications and fields of activity of trainers and educators, including proof of their didactic and pedagogical knowledge; Trainers and educators in the practical part, must demonstrate a professional experience as professional drivers or professional power driver, as a specialist in drive mode, as road master road champion or a driving experience, especially as a driving instructor for trucks or buses,
3. information to the training locations, the teaching, the teaching aids provided for practical training, as well as used training vehicles;
4. the envisaged number of participants.

Appendix 1 (to § 1 para 2, § 2 para 2, § 4 para 1) list of knowledge areas 1 improvement of efficient driving behaviour on the basis of the safety rules licence categories C1, C1E, C, CE, D1, D1E, D, DE 1.1 objective: knowledge of the properties of the kinematic chain for an optimized use, torque curves, performance curves, specific consumption curves of a motor, optimum usage range of the Rev counter, optimal speed range switching.
1.2 objective: Knowledge of the technical characteristics and the functioning of the safety features of the vehicle, to master it to minimise its wear and tear and prevent malfunctions, in particular: features of the dual circuit braking system with pneumatic transmission, limits the use of braking systems and continuous brakes, combined use of brakes and permanent braking system, best ratio between speed and gear ratio, using the inertia of the motor vehicle, use of braking systems in the slope That behavior with defects.
1.3. objective: Ability to optimise fuel consumption optimisation of fuel consumption by applying the knowledge referred to in paragraphs 1.1 and 1.2. licence categories C1, C1E, CE 1.4 objective: ability to ensure of the security of cargo using the safety regulations and by correct use of the vehicle, in particular: when driving on forces acting on the motor vehicle, usage of the gear ratio according to the load of the vehicle and the road surface profile , Calculation of payload of a motor vehicle or a combination of vehicles, calculation of the commercial volume, distribution of charge, consequences of overloading the axle, vehicle stability and focus, types of packaging and load carriers, knowledge of the main categories of goods where a load securing is required, caps and lashing techniques, using the lashings, review of its ears, use of the envelope tool, covering it with a tarp and remove the plane.
Licence classes D1, D1E, D and DE 1.5 objective: ability to ensure of the safety and comfort of passengers, in particular: correct assessment of longitudinal and lateral of the bus or coach, considerate traffic behavior, positioning on the road, smooth braking, respecting the overhangs, use specific infrastructures (public areas, certain reserved roads road users), secure adequate priority setting in regard to the control of the bus or coach and the fulfilment of other tasks , Dealing with passengers, peculiarities of certain groups of passengers (disabled persons, children) transport.
1.6. objective: Ability to ensure of the security of cargo using the safety regulations and by correct use of the bus or coach, in particular: forces acting on the trip on the bus, use of the gear ratio according to the load of the vehicle and road profile, calculation of the payload of a coach or a combination, the load distribution, consequences of overloading the axle, vehicle stability and centre of gravity.
2 application of the rules of driving licence categories C1, C1E, C, CE, D1, D1E, D, DE 2.1 objective: knowledge of social conditions and regulations for the good force or movement of persons, in particular: maximum working time in the transport sector; Principles, application and impact of regulations (EEC) No 3820 / 85 and No 3821/85; Sanctions in the event that the tachograph is not used, misused, or is distorted. Knowledge of social conditions for the good force or passenger transport: rights and duties of cyclists and drivers of motor vehicles with regard to the initial qualification and training.
Driving licence categories C1, C1E, CE 2.2 objective: knowledge of the regulations for road transport, in particular: transport permits, obligations under the standard contracts for the carriage of goods, transport documents, approvals in international transactions, commitments in the framework of CMR (Convention on the contract of carriage in international road transport), creating the international consignment note, crossing borders, traffic Commission agents, special documents accompanying goods.
Licence classes D1, D1E, D and DE 2.3 target: knowledge of the requirements for the transport, in particular: carriage of specific groups of people, safety equipment in buses, safety belts, loading of the bus or coach.
3 health, transport and environmental safety, service, logistics licence categories C1, C1E, C, CE, D1, D1E, D, DE 3.1 objective: awareness of risks of road traffic and industrial accidents, in particular: typology of accidents at work in the transport sector, road accident statistics, involvement of lorries/coaches, human, material and financial consequences.
3.2. objective: Ability to prevent crime and the smuggling of illegal immigrants, in particular: General information, implications for the driver or the drivers of motor vehicles, preventive measures, check list for checks, legal provisions relating to the responsibility of the contractor.
3.3. objective: Ability to prevent health damage, in particular: principles of ergonomics: health concern movements and postures, physical condition, exercises for the handling of loads, individual protection.
3.4. objective: Awareness of the importance of good physical and mental shape, in particular: principles of a healthy and balanced diet, effects of alcohol, drugs or any substance that can cause a change of in behavior, symptoms, causes, effects of fatigue and stress, fundamental role of the cycle of activity/rest period.
3.5. objective: Ability to correct assessment of the situation in an emergency behavior in case of emergency: estimation of location, prevent follow-up accidents, understanding the assistants, rescue of casualties and giving first aid, reaction in fire, evacuation buses and heavy goods vehicles, ensuring the safety of all passengers, approach to violence, basic principles for the creation of mutual accident report.
3.6. objective: Ability to a behaviour that contributes to a positive image of the company in the public, in particular: behaviour of the driver and the company's reputation: importance of the quality of the performance of the driver or the driver of motor vehicles for the company, different roles of the driver or the driver's vehicle, different interlocutors of the driver or the driver of motor vehicles, maintenance of the vehicle , Work organisation, commercial and financial consequences of litigation.
Driving licence categories C1, C1E, CE 3.7 knowledge of the economic environment of road haulage and the organisation of the market, in particular: road transport in relation to certain modes of transport (competition, shippers) different activities relating to road transport (commercial road haulage, transport, auxiliary transport activities), organisation of the main types of transport company or ancillary transport activities, different specializations (tankers, refrigerated trucks, etc.), further development of the industry (piggyback transport, expansion of services, subcontractors, etc.).
Licence classes D1, D1E, D and DE 3.8
Objective: Knowledge of the economic environment of passenger transport and the organisation of the market, in particular: transport in relation to the different means of transport for the transport of persons (railway, passenger car), different activities in the movement of persons across borders (international passenger transport), organisation of the main types of businesses in the passenger transport.

Annex 2 (to § 1 para 2 sentence 1) checks on the purchase of the initial qualification 1.
The theoretical examination consists of a written examination to each equal parts of a) multiple choice questions, b) questions with direct response, c) a discussion of practical situations.
All areas of knowledge must be appropriately covered according to Appendix 1.
The theoretical examination of 240 minutes.
2. the practical examination consists of a driving test, a practical exam, and addressing critical driving situations. If does not exist in the acquisition of basic qualifications licence prescribed for the execution of the test vehicle, the applicant and the applicant by one person must be accompanied, who possesses a valid driving instructor permit under the Act of driving instructors for the appropriate class of driver's licence. During these trips, the accompanying person is considered the leader of the motor vehicle within the meaning of the road traffic Act.
The driving test aims at evaluating the driving skills of the applicant. It must take place on roads within and outside built-up areas, expressways and motorways and in situations with different traffic densities. The journey time is to use to assess the abilities of the candidate or the candidate's in all different traffic situations. The driving test lasts 120 minutes.
Aim of the practical part of the exam is the valuation in paragraphs 1.4 (licence categories C1, C1E, C, CE), 1.5, 1.6 (licence categories D1, D1E, D, DE), 3.2, 3.3 and 3.5 (licence categories C1, C1E, C, CE, D1, D1E, D, DE) knowledge areas referred to in annex 1. The practical part of the exam lasts 30 minutes.
In dealing with critical situations, in particular control of the vehicle at different condition of the roadway is checked depending on the weather conditions and time of day or night. This exam takes place either on a particular site or in a powerful Simulator. Their duration is to determine that the auditor or the Auditors may make the above reviews She may not exceed 60 minutes.
The vehicle used for the practical test must meet the relevant criteria for testing vehicles of numbers 2.2.6 2.2.13 and 2.2.16 of the annex 7 of the driver's licence Regulation.

Appendix 3 (to § 5 para 4 sentence 4) (site: BGBl. I 2006, 2114, 2115) pattern Federal Republic of Germany (first page of the certificate) certifying the initial qualification and training for riders and drivers to transport (referred to in article 10 paragraph 3 letter of b third indent of Directive 2003/59/EC of 15 July 2003) - I designation of responsible authorities I I I I I - hereby certifies , dass
Frau/Herr: ............................................................
Name und Vorname: .....................................................
Date of birth and place of birth:...
Nationality:...
Art und Nummer des Ausweises: .........................................
ausgestellt am: .......................................................
in: ...................................................................
Nummer des Führerscheins: .............................................
ausgestellt am: .......................................................
in: ...................................................................
Number of social security:... with the presented credentials the evidence has on the () initial qualification () education is the duty of competence up to the... meets.
Ausgestellt in ..................... am ...............................
.....................................................
Signature and official seal of the competent authority (second page of the attestation) General provisions this certificate shall be in accordance with Directive 2003/59/EC of the European Parliament and of the Council of 15 July 2003 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers by road, and amending Regulation (EEC) No 3820/85 of the Council and Directive 91/439/EEC and repealing Directive 76/914/EEC (OJ EU no. L 226 p. 4) issued.
It is confirmed that the skier / driver, where/dessen name on the certificate is specified, meets the requirements as to the qualifications or training for the period of validity of the certificate, required by the Directive 2003/59/EC for the implementation of trips in the commercial passenger services on the territory of the Member States of the European Union or the States party to the agreement on the European economic area.
The certificate may be withdrawn by the competent German authority that issued it, especially if the owner / holder of the certificate has made incorrect information to facts which were relevant for the certification.
The certificate is to be carried in the vehicle and to submit at the request of any inspecting.