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Authorizes The Government To Create A Legal Regime Relating To The Initial Qualification And Periodic Training Of Drivers Of Certain Road Vehicles Used For The Carriage Of Goods And Passengers, The Transposition Into Law

Original Language Title: Autoriza o Governo a criar um regime jurídico relativo à qualificação inicial e à formação contínua dos motoristas de determinados veículos rodoviários afectos ao transporte de mercadorias e de passageiros, procedendo à transposição para a ordem jurídica

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PROPOSED LAW NO. 208 /X

Exhibition of Motives

The Directive No 2003 /59/CE of the European Parliament and of the Council of July 15 of

2003, as amended by Council Directives 2004 /66/CE, of the Council of April 26, 2004, and

2006 /103/CE, of the Council of November 20, 2006, provides for the requirement of

initial qualification and the continuous training of drivers of certain vehicles

road to transport of goods and passengers.

It is thus important to transpose that directive, taking into account that that qualification, in the senda

of the new requirements arising from the evolution of the road transport market, has

in view to ensure the quality of the driver's qualification, both for access to

driving activity, such as for your exercise.

It is a more extensive qualification than the one that is provided by teaching

for the obtaining of the driving licence, as it contemplates a broad set

of specificities of the driving of the drivers covered.

Indeed, regarding the training that is intended to be seen implemented, the subject matter

formative concerning the practice of defensive driving and the proper knowledge of the

sectoral regulations applicable to the transportation of goods and the transportation of

passengers on bus, is a relevant factor for the increase in the quality of the

road transport services.

On the other hand, it matters to make it mandatory either the initial qualification or the training

continuous, with a view to improving road safety and driver safety,

including in the operations by it carried out with the vehicle immobilized.

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To achieve this desideratum is intended to establish a regime of recognition of the

drivers of drivers and of regulation and content of the courses of

formation.

The proposed scheme, by setting new requirements for the exercise of the profession of

driver of certain categories of vehicles, will be able to set up a restriction on

access to the driving activity, as it requires, in addition to the driving licence, a

letter of qualification which depends on the possession of a certificate of professional aptitude.

Thus, being in question the freedom of access and exercise of the profession,

constitutionally guaranteed as "rights, freedoms and guarantees", and taking into account the

provisions of the paragraph d) of Article 165 (1) of the Constitution of the Portuguese Republic,

understood the Government to be required to obtain from the Assembly of the Republic authorization to

legislate in such matters.

Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a law:

Article 1.

Subject

The Government is granted permission to create a legal regime concerning qualification

initial and further training of drivers of certain road vehicles affections

to the road transport of goods and passengers by proceeding to the transposition of the

Directive No 2003 /59/CE of the European Parliament and of the Council of July 15 of

2003, amended by Directives n. 2004 /66/CE, of the Council of April 26, 2004 and

2006 /103/CE, of the Council, of November 20, 2006.

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Article 2.

Extension

The authorisation referred to in the preceding article contemplates:

a) The fixation of the categories of vehicles to which the qualification is applicable

initial and further training of the respective drivers;

b) The conditions of issuance of the driver qualification letter and the certificate of

professional aptitude, such as mandatory documents for the exercise of the

driving of certain vehicles;

c) The conditions for the licensing of trainer entities, of operation of the

training and type-approval centres for training courses;

d) The accountability for damage for passengers, for goods

conveyed or to the vehicle itself, from the natural or legal person who

carries out the transport;

e) The qualification as counter-ordinations of the lack of the qualification letter of

driver;

f) Assignment of competence to the President of the Governing Board of the Institute of the

Mobility and Terrestrial Transport, I. P. (IMTT, I. P.), to apply measures

administrative, in the event that the forming entities cease to comply with the

requirements for access to licensed activity;

g) The provisional seizure of the documents relating to the vehicle or the driver,

when, in the act of counterordinance verification, the offenders do not carry out

the immediate voluntary payment of the fine does not immediately provide deposit

of value equal to the minimum of the fine, with this deposit or seizure if

will keep up until the payment takes place or there is absolute decision.

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Article 3.

Deadline

The legislative authorization granted by this Law shall be for the duration of 180 days.

Seen and approved in Council of Ministers of May 23, 2008

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs

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This decree-law transposes to the internal legal order to Directive No 2003 /59/CE,

of the European Parliament and of the Council of July 15, 2003 on qualification

initial and further training of drivers of certain road vehicles affections

to the carriage of goods and passengers.

Directive No. 2003 /59/CE is applicable to drivers on their own and on account of

outrain and aims to ensure the qualification of drivers, both in access to the activity of

driving, as during the respective exercise, over the course of their active life.

It is a more extensive qualification than the one that is provided by teaching

for the obtaining of the driving licence, as it contemplates a broad set

of specificities of the drivers ' driving covered, versing still on

specificities of the road transport sectors in which these drivers develop

their activity.

In global terms, this new qualification system aims to improve conditions for

safety in a dual perspective, focusing either on road safety, or on

the safety of the drivers themselves.

Weighted the conjugation of this desiderata-improvement of the safety conditions-with the

national reality, it has chosen to restrict the range of exemptions established by the Directive

n. 2003 /59/CE, by the application of the constant regime of this decree-law to all

the drivers of heavy passenger vehicles. As for the drivers of vehicles

heavy goods, they are only exempt from the cases of transport of goods for private purposes,

i.e., cases in which transport does not fall within the development of an activity

commercial, as well as cases in which the driver transport materials or equipment

inherent in the performance of their own profession, provided that this profession is not, in

main terms, the driving of the vehicle.

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Regarding the formation, it takes relief, for example, the formative matter concerning the

practice of defensive driving, whose beneficial effects for the rationalization of consumption of

fuel, for the road transport sector and for society in general, are

also to record.

On the other hand, the appropriate knowledge of the sectoral regulations applicable to the

transport of goods and the carriage of passengers by bus, constitutes

also a relevant factor for the increase in the quality of these transport services

road.

This qualification, both the one obtained with the initial training, and the one arising from the respective

update through continuing education, in every five years, is proven through the

certificate of professional aptitude (CAP), indispensable for obtaining the letter of

driver qualification.

This document, in conjunction with the driving licence, empowers the driver to drive from

agreement with the requirements set out.

There is still an articulation of this training with the National Catalogue of

Qualifications, as an instrument of strategic management of qualifications, which makes it possible

a better suitability of the formative responses to the needs of companies, on the market

of work and citizens, organized in a logic of double-certification, school and

professional and structured in skill levels described in the National Framework of

Qualifications, as a result of the Decree-Law No. 396/2007, of December 31.

As far as the provision of training is concerned, this is up to formative entities

duly licensed by the Institute of Mobility and Terrestrial Transport, I. P.,

upon the observance of a set of specific requirements that have in view

ensure the provision of a quality training and apt to train drivers of

agreement with the standards of demand and the objectives pursued by the present decree-law.

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In addition to the recognition scheme of the forming entities and the courses of

formation, the present decree-law establishes the sanctionatory regime applicable to the

non-compliance with the standards it institutes, determines the timing of the obligation to obtain the

letter of qualification of driver and establishes, in the respective annexes, the contents of the

formation.

Thus:

In the use of the legislative authorization granted by the Law No .... of ...., and in accordance with the terms of the

a) and b) of Article 198 (1) of the Constitution, the Government decrees the following:

CHAPTER I

General provisions

Article 1.

Subject

This decree-law transposes to the internal legal order to Directive No 2003 /59/CE,

of the European Parliament and of the Council of July 15, 2003, as amended by Directive n

2004 /66/CE, of the Council, of April 26, 2004, and by Directive No 2006 /103/CE, of the

Council, of November 20, 2006 on the initial qualification and training

continuous of the drivers of certain road vehicles of goods and of

passengers, fixing the applicable applicable regime.

Article 2.

Scope

The present decree-law shall apply to the driving activity carried out by persons holding

of a valid driving licence for vehicles of categories C, C + E and subcategories C1, C1 + E

and of categories D, D + E and subcategories D1, D1 + E, pursuant to the Road Code,

hereinafter referred to by drivers of goods and passenger vehicles,

respectively, or generically by drivers.

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Article 3.

Exemptions

They are not covered by the provisions of this decree-law the drivers of the following

vehicles:

a) Whose maximum authorised speed does not exceed 45 km/h;

b) At the service or under the control of the armed forces, of the security forces, of the

firefighters or civil protection;

c) Subjected to road tests for the purposes of technical improvement, repair

or maintenance;

d) New or transformed that have not yet been put into circulation;

e) Used in emergency situations or affections to rescue missions;

f) Used in the motor driving lessons, with a view to obtaining the letter of

driving or the certificate of professional aptitude, abbreviated

by CAP, referred to in Article 4 (2);

g) Used for the non-commercial carriage of passengers or goods, for purposes

private;

h) Who carry materials or equipment for the exercise of the profession of the

conductor, provided that the driving of the vehicle is not its main activity.

CHAPTER II

Habilitation and qualification

Article 4.

Driver qualification letter

1-It is mandatory to have possession of the driver qualification letter for the exercise of the

conduction of the vehicles referred to in Article 2, by constying the respective

specifications and model of Annex V to the present decree-law, of it being part

member.

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2-A Issue of driver qualification letter depends on the possession of a CAP, issued

in accordance with Article 5 (2).

3-A The driver qualification letter is issued for the maximum period of five years.

4-The Institute of Mobility and Terrestrial Transport, I. P., abbreviated

designated by IMTT, I. P., is the competent entity to issue the letter of qualification

of driver.

Article 5.

Certificate of professional aptitude

1-The CAP proves the initial qualification or the continuing education, to which the

articles 6 and 9, respectively.

2-A issuance of the CAP depends on approval in examination at the end of the initial training or the

getting to take advantage of the continuing education.

3-A The qualification awarded by the CAP is valid for the period of five years, counted to

departure from the date of the examination or completion of the continuing education, as the case may be.

4-The CAP proving the initial qualification training, without prejudice to the remaining

legal requirements, allows the obtaining of a driving licence for vehicles of the categories

C, C + E and subcategories C1, C1 + E, as of 18 years of age, as provided for in

point ( c) of Article 126 (2) of the Code of the Road.

5-The CAP is issued by the IMTT, I. P., and may this competence be delegated by

dispatch of the Chairman of the governing board of the IMTT, I. P.

6-The CAP model is fixed by dispatching the chairman of the governing board of the

IMTT, I. P.

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Article 6.

Initial qualification

1-A The initial qualification is mandatory and integrates the following modalities:

a) Common initial qualification; and

b) Accelerated initial qualification.

2-A initial qualification training and the methodology of the drivers ' assessment are

regulated by the provisions of Annexes II and III to the present decree-law, of it being part

member.

Article 7.

Common initial qualification

The CAP proving the common initial qualification entitfully enables its holder to obtain the letter of

driver qualification, for driving in the following conditions:

a) As of the age of 18 years, vehicles of categories C and C + E;

b) From the age of 21 years, vehicles of categories D and D + E.

Article 8.

Accelerated initial qualification

The CAP proving the accelerated initial qualification entitle its holder to obtain the letter

of driver qualification, for driving in the following conditions:

a) As of the age of 18 years, vehicles of the subcategories C1 and C1 + E;

b) As of the age of 21 years, vehicles of categories C, C + E and subcategories D1 and

D1 + E;

c) From the age of 23 years, vehicles of categories D and D + E.

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Article 9.

Continuous training

1-A continuing education is mandatory and must be acquired every five years, before

of the end of the validity of the CAP.

2-In the event of an expiry, the CAP may be renewed by continuing education.

Article 10.

Content of the training

The subjects, modules, objectives and programmatic contents of the training are listed in the

Annex I to the present decree-law, of it being an integral part.

Article 11.

Dispensation of subjects

1-The drivers of goods vehicles intending to drive vehicles from

passengers, or conversely, and who are holders of the CAP referred to in Articles 7 and

8., for the purpose of obtaining the corresponding CAP, they are only required to repeat the

specific parts of the new qualification.

2-Professional drivers of professional capacity for the road transport of

goods or professional capacity for the road transport of passengers

on bus wishing to acquire the initial qualification provided for in this Decree-

law, they are exempted from the frequency and examination of the subjects common to the two formations.

Article 12.

Access of foreign drivers to training

1-Have access to the initial qualification, the following foreign drivers:

a) Nationals of another Member State of the European Union who have residency

customary in the national territory;

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b) Nationals of a third country who are holders of authorisation of

stay or residence in the national territory.

2-Have access to continuing education, foreign drivers with habitual residence or

who work in the national territory.

CHAPTER II

Activity of training

Article 13.

Graduation of the forming entities

1-A The training activity provided for in this decree-law can only be exercised by

forming entities, including the driving schools, licensed by the IMTT, I. P.,

under the terms of this decree-law.

2-The licensing provided for in the preceding paragraph shall be titled by alvshall, which is issued

by the time limit of five years, renewable upon the evidence that they hold the

requirements for access to training activity.

3-The alvshall is untransmittable, to any title and to any effect.

4-The conditions of application for the licensing and renewal of the alvshall are set by

would pore from the member of government responsible for the transport sector.

Article 14.

Requirements for access to activity

They are requirements for access to the training activity, provided for in Article 13:

a) Constitution of the forming entity in the form of a legal person, and the

respective social or statutory object to include the activity of the teaching or the

training;

b) Idoneity;

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c) Technical capacity;

d) Financial capacity;

e) Accreditation as a forming entity, pursuant to the Portaria No. 782/97, of

August 29;

f) Tax situation and the contributory situation in the face of social security

regularized.

Article 15.

Idoneity

1-The forming entities and their legal representatives must possess idoneity.

2-A The idoneity of the forming entities is afwound through the suitability of their

legal representatives, specifically, administrators, managers or directors.

3-For the purposes of the provisions of the preceding paragraph, people are considered to be elderly

for which no of the following impediments occur:

a) Legal or judicial prohibition of the exercise of trade, during the respective period

of duration;

b) Legal, judicial or administrative prohibition of the exercise of the training activity

provided for in this decree-law, of the activity of the teaching of motor driving

or of the activity of forming the remaining occupations in the transport

road, during the respective period of time;

c) Conviction, by decision carried forward on trial, in penalty of imprisonment, by any

of the following crimes:

i) Against the heritage;

ii) Trafficking in influence, narcotics or psychotropic substances;

iii) Money laundering;

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iv) Tributaries or customs;

v) Falsification of documents;

vi) Criminal association;

vii) Doleful insolvency or favorability of creditors.

Article 16.

Financial capacity

1-A The financial capacity consists in the possession of the necessary financial resources for

ensure the start and good management of training activity.

2-For the purpose of commencement of activity, the forming entities shall have a

social capital or statutory minimum of € 50,000.

3-A The proving of the provisions of paragraph 1 shall be made by making available the code

of access to the permanent certificate of the commercial register or, alternatively, by certioration

of the commercial register in which the respective social capital is conspices.

Article 17.

Technical capacity

1-A The technical capacity consists in the possession of the following necessary resources for

ensure the quality of the training:

a) Technical-pedagogical coordinator, technical officer for the activity of

training pursued by the trainer entity;

b) Formative team consisting of trainers and instructors, duly

enabled;

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c) Appropriate means with respect to facilities, technological means of information and

communication, human resources and technical-pedagogical resources.

2-By porterie of the member of the government responsible for the transport sector are

set out the requirements for the resources referred to in the preceding paragraph.

Article 18.

Technical coordinator-pedagogical

1-The technical-pedagogical coordinator must have experience of at least five years in

identical, lecturer or trainer cargo, within the framework of the training referred to in the

present decree-law, or of training or teaching in other areas.

2-Compete to the technical-pedagogical coordinator, with obedience to the willing in the present

Decree-law:

a) To propose and coordinate the lines of pedagogical guidance to be followed by the entity

trainer, particularly with regard to training centres;

b) Making proposals and giving advice on the pedagogical and evaluation methods of

knowledge, appreciating the success of training;

c) To promote the realization of teaching inquiries to lecturers and trainees.

Article 19.

Permanence of access requirements

1-The requirements for access to the training activity are permanent verification,

owing to the forming entities to substantiate their fill whenever this is

be requested by the IMTT, I. P.

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2-The forming entities shall report to the IMTT, I. P., within thirty days, the

changes to the social or statutory pact, specifically the changes to social capital,

in the management, administration or direction, as well as the change of headquarters.

Article 20.

Supervenient lack of access requirements

1-A supervenient lack of any of the requirements for access to the activity provided for in the

article 14, it shall be met within six months of its occurrence.

2-The course of the period provided for in the preceding paragraph, without the lack being met, implies the

expiry of the licensing provided for in Article 13 (1).

Article 21.

Duties of the forming entities

They are duties of the forming entities:

a) The duty of independence and equal treatment of all applicants to the

training and trainees;

b) The duty to provide the elements relating to the exercise of their activity, always

how about they are requested by the IMTT, I. P.

Article 22.

Centres of training

1-Training centres are formative spaces consisting of the facilities,

equipment and technical and pedagogical means necessary for the appropriate exercise of the

training activity.

2-The operating conditions of the training centres shall be fixed by deliberation

of the governing board of the IMTT, I. P.

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Article 23.

Training courses

1-The training courses lack prior approval by the IMTT, I. P., to which it is

issued by the term of five years, renewable upon proof that if

they maintain the necessary requirements for their functioning.

2-For the purposes of the provisions of the preceding paragraph, the training courses shall be

arranged and provided in accordance with conditions to be fixed by deliberation of the

directive board of the IMTT, I. P.

Article 24.

Administrative measures

Depending on the seriousness of the default by the entities forming the duties

set out in this Chapter, the following sanctions may be adopted

administrative of the competence of the Chair of the governing board of the IMTT, I. P.:

a) Warning written;

b) Non-recognition of the validity of the training and / or evaluation;

c) Suspension of the licensing of the trainer entity, for the maximum period of a

year;

d) Cancellation of the licensing of the trainer entity or the approval of the

course of training.

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CHAPTER III

Sanctionatory regime

Article 25.

Surveillance

1-A the monitoring of compliance with the provisions of this decree-law, shall compete with the IMTT,

I. P., and, in relation to compliance with the requirement referred to in paragraph 1 of the article

4., also to the Republican National Guard and the Public Security Police.

2-The entities referred to in the preceding paragraph may proceed, together with the persons

natural or legal persons who develop any of the activities provided for in the

present decree-law, to the verifications and investigations necessary for the exercise of its

supervising competence under the law.

Article 26.

Offences

1-Constituent counterordinance punishable with fine of € 1000 a € 3000 a offence to

provisions of Article 4 (1), save if the driver submits the document provided therein

within 48 hours to the authority indicated by the supervisory agent.

2-Constituent counter-ordinances punishable by the following fines:

a) The lack of the alvshall referred to in Article 13 (2) with a fine of € 10000 a €

30000;

b) The infringement of Article 19 (2), with fine of € 500 a € 1500.

3-A negligence is punishable, being the limits of the fines referred to in the preceding paragraphs

reduced to half.

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Article 27.

Attributability of the offences

The offences to the present decree-law are the responsibility of the forming entity, save

as to the infringements of Article 4 (1), in which the respective authors are responsible.

Article 28.

Voluntary payment

1-If the offender does not intend to make the voluntary payment, he shall proceed to the

deposit of amount equal to the minimum value of the predicted fine for the counterordinance

practiced.

2-The voluntary payment or deposit referred to in the preceding paragraph shall be

performed in the act of verification of counterordinance, by targeting the deposit to

guarantee the payment of the fine in which the offender may come to be sentenced, well

as of the legal expenses to which there is place.

3-If the offender declarates that he intends to pay the fine or carry out the deposit and he cannot

do so in the act of the verification of counterordinance, the letter of

driving and the booklet and title of registration of ownership of the vehicle up to the efection of the

payment or deposit.

4-In the case provided for in the preceding paragraph, replacement guides shall be issued

documents seized with validity not exceeding 90 days, renewable.

5-A lack of payment or deposit in the terms of the previous figures implies the

seizure of the vehicle, which holds up to payment or deposit or to the decision

absolutory.

6-The impounded vehicle responds on the same terms as the deposit by the payment

of the amounts due.

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Article 29.

Immobilization of the vehicle

Where the immobilization of a vehicle results damage for the passengers, the

goods transported or to the vehicle itself rests with the natural or legal person

which carries out the transport the responsibility for such damage, without prejudice to the right of

return.

Article 30.

Processing of counter-ordinations

1-The processing of the counter-ordinations provided for in this Decree-Law shall compete with the

IMTT, I. P.

2-A The application of the fines is the competence of the Chairman of the Board of Directive

IMTT, I. P.

Article 31.

Product of the fines

The allocation of the product of the fines is in the following way:

a) 20% for the IMTT, I. P., constituting own revenue;

b) 20 %for the supervising entity, constituting own revenue;

c) 60% for the State.

CHAPTER IV

Final and transitional provisions

Article 32.

Exemption from initial qualification and continuing education

1-Stay exempt from the initial qualification obligation, the following drivers:

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a) Licence holders of categories D, D + E and subcategories D1, D1 + E,

issued until September 9, 2008;

b) Licence holders of categories C, C + E and subcategories C1, C1 + E,

issued until September 9, 2009.

2-The drivers referred to in paragraph a) of the preceding paragraph shall obtain the training

continuous and the corresponding CAP and driver qualification letter, in the following

terms:

a) Until September 10, 2011, those on this date are of age not more than 30

years;

b) Until September 10, 2012, those on this date are aged between

30 and 40 years;

c) Until September 10, 2013, those on this date are aged between

40 and 50 years;

d) Until September 10, 2015, those on this date are older than 50 years.

3-The drivers referred to in paragraph b) of paragraph 1 shall obtain the continuing education and the

corresponding CAP and driver qualification letter, on the following terms:

a) Until September 10, 2012, those on this date are of age not more than 30

years;

b) Until September 10, 2013, those on this date are aged between

30 and 40 years;

c) Until September 10, 2014, those on this date are aged between

40 and 50 years;

d) Until September 10, 2016, those on this date are older than 50 years.

4-A The timing provided for in paragraphs 2 and 3 may be the subject of unfolding by

would pore from the member of government responsible for the transport sector.

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Article 33.

Articulation with the National Catalogue of Qualifications

1-A The training developed in this decree-law shall be articulated with the Catalogue

National of Qualifications, pursuant to the applicable law, to contribute

for the elevation of the skill levels.

2-A articulation provided for in the preceding paragraph is promoted by the National Agency for the

Qualification, I. P., pursuant to Article 6 (5) of the Decree-Law No 396/2007, of

December 31, involving the IMTT, I. P.

Article 34º

Entry into force

This decree-law shall come into force on the day following that of its publication, save as to the

compulsory possession of the driver qualification letter and the CAP, provided for in paragraph 1

of Article 4 and in Article 5 (1), respectively, the duration of which, without prejudice to the

provisions of Article 32, it shall begin on September 10, 2008 and on the September 10

of 2009, in respect of drivers of passenger and goods vehicles,

respectively.

Seen and approved in Council of Ministers of

The Prime Minister

The Minister of State and Foreign Affairs

The Minister of State and Finance

The Minister of the Internal Administration

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The Minister of Justice

The Minister of Public Works, Transport and Communications

The Minister of Labour and Social Solidarity

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ANNEX I

Content of the training referred to in Article 10.

1. The knowledge to be taken into consideration for the evidence of the initial training

common (FIC), accelerated initial qualification training (FIA) and training

continuous drivers must focus at least on the subjects described below

in paragraph 2.

The minimum level of knowledge may not be lower than the level 2 of the structure of the

levels of training provided for in Annex I to Council Decision No 85 /368/CEE, of

July 16, 1985, i.e., at the level achieved by an acquired training during the

compulsory education completed by a vocational training.

2. Matters, modules, objectives and programmatic contents of vocational training

which complements compulsory schooling:

2.1. Improvement for a rational driving based on the safety rules

(FIC 63 h, FIA 28 h)

2.1.1. Mechanics and electronics (FIC 28 h, FIA 7 h)

a) Objective 1-Knowing the characteristics of the kinematic chain for

optimise the respective use;

Contents-Torque Curves, power curves, consumption curves

specific to an engine, optimal use zone of the account-rotations,

overlay diagrams of the relations of the speed boxes.

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b) Objective 2-Knowing the technical characteristics and operation of the

safety organs in order to master the vehicle, to minimize its

wear and prevent their disfunctionings;

Contents-Identification of the fundamental components of the viactures,

specificities of the hydraulic-pneumatic braking circuit, use

of the brakes and retarding systems, seeks the best compromise between

the speed and the ratio of cash, use of the inertia of the vehicle, use

of the means of deceleration and braking in the declines, attitude to be adopted

in case of failure, detection of small avairies.

Defensive, economical and environmental driving (FIC 35 h, FIA 21 h)

a) Objective 1-Saber to optimise the fuel consumption;

Content-Optimization of fuel consumption through the

qualifications arising from the objectives of points (a) and (b) of the module

2.1.1..

b) Objective 2 (drivers of passenger vehicles)-Saber ensure the

safety and the comfort of passengers;

Contents-Daily check of the vehicle and its importance, calibration

of the longitudinal and lateral movements, distribution of the tracks,

positioning on the sidewalk, braking smoothness, work of the

consola, defensive driving techniques, use of infrastructure

specific (public spaces, reserved lanes), management of conflicts between

a driving in safety and the other duties as a driver,

interaction with the passengers, specificities of the transport of

certain groups of passengers (disabled, children);

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c) Objective 3 (drivers of passenger vehicles)-Being able to

secure a load respecting safety instructions and good

use of the vehicle;

Content-Forces applied to vehicles in motion, use of the

gearbox relations depending on the load of the vehicle and the

road profile, calculation of the payload of a vehicle or of a

set, load apportionment, consequences of overload on the axles,

stability of the vehicle and centre of gravity.

d) Objective 4 (drivers of goods vehicles)-Being able to

secure a load respecting safety instructions and good

use of the vehicle;

Contents-Daily check of the vehicle and its importance, forces

applied to vehicles in motion, use of the relationships of the box

of speeds depending on the load of the vehicle and the road profile,

calculation of the payload of a vehicle or of a set, techniques of

defensive driving, calculation of the useful volume, allocation of the load,

consequences of overload on the axles, stability of the vehicle and centre

of gravity, types of packaging and supports for the load, main

categories of goods in need of packaging

(techniques for placement of broths and packaging, use of

packaging precints, verification of the devices of

packaging, use of the means of maintenance, allotment and

withdrawal of the awnings).

2.2. Regulations (FIC 49 h, FIA 21 h)

2.2.1. Labour regulations (FIC 21 h, FIA 7 h)

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a) Objective 1-Knowing the social environment of road transport

and its regulations;

Content-Maximum Durations of the specific work for the

transport, principles (practical application through the use of the

tachograph and regulation in force) sanctions in case of no

use, misuse or falsification of the tachograph,

knowledge of the social environment of road transport

(rights and obligations of drivers in respect of qualification

initial and continuing education), equal opportunities and

applicable regulations.

2.2.2. Regulation of activity (FIC 28 h, FIA 14 h)

a) Objective 1 (drivers of passenger vehicles)-Knowing the

regulation on the carriage of passengers;

Content-National and international regulation, transportation

of specific groups, safety equipment on board the

bus, seat belts, load of the vehicle.

b) Objective 2 (drivers of goods vehicles)-Known to

regulation on the transport of goods;

Content-National and international regulation, securities for the

exercise of the transport activity, obligations of contracts-

model of transport of goods, drafting of documents

that constitute the contract of transport, authorisations of

international transport, obligations of the Convention on the

contract for international carriage of goods by road

(CMR), wording of the declaration of dispatch, passage of the

borders, freight forwarders, special monitoring documents

of the goods.

28

2.3. Health, road safety, environmental safety, service and logistics (FI

147 h, FIA 77 h)

2.3.1. Ominous (FIC 21 h, FIA 14 h)

a) Objective 1 (drivers of passenger vehicles)-Stay

sensitized to the risks of the road and the accidents at work;

Contents-Typology of accidents at work in the sector of

transport, statistics of road accidents, involvement

of buses, consequences in human terms, materials and

financial.

b) Objective 2 (drivers of goods vehicles)-Stay

sensitized to the risks of the road and the accidents at work;

Contents-Typology of accidents at work in the sector of

transport, statistics of road accidents, involvement

of heavy goods vehicles, consequences in terms of

humans, materials and financial.

2.3.2. Prevention of crime in transport (FIC 7 h, FIA 7 h)

a) Objective 1-Saber preventing crime and trafficking in

stowaways;

Content-General information, consequences for drivers,

measures for prevention, checklist of checks, legislation

on the liability of the carriers.

29

Health, safety and hygiene at work (FIC 21 h, FIA 7 h)

a) Objective 1-Saber to prevent physical risks;

Content-Principles of ergonomics, human factors in

driving, human factors in the interaction with systems of

information and communication embarked on (inherent risks), notions

of workload, fatigue and stress, recommendations on gestures and

postures of risk and management of fatigue and stress.

b) Objective 2-To be aware of the importance of physical fitness and

mental;

Content-Principles of healthy and balanced food,

effects of alcohol, medicines and other substances

likely to change the behavior.

Emergency situations and first aid (FIC 21 h, FIA 7 h)

a) Objective 1-Being able to assess emergency situations and the

apply appropriate procedures;

Content-Behaviour in an emergency situation (evaluate the

situation, prevent the aggravation of the accident, arrange for the

aid, to soccur the injured and to apply the first care,

reaction in case of fire, evacuation of occupants, guarantee to

safety of all passengers), reactions in case of aggression,

basic principles of the friendly statement.

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Interpersonal relations and quality of service (FIC 35 h, FIA 14 h)

a) Objective 1-Saber adopt behaviours that contribute to

the valorisation of the brand image of a service company of

transport;

Content-Driver's Attitudes and brand image

(importance of the quality of the driver's delivery to the

company, different roles of the driver, different interlocutors

of the driver, maintenance of the vehicle, organization of the work,

consequences of a dispute in commercial and financial plans).

Economic context and business organisation (FIC 21 h, FIA 14 h)

a) Objective 1 (drivers of passenger vehicles)-Knowing the

economic context of road passenger transport and the

organization of the market;

Content-The importance of transport for development

social, the road transport of passengers in relation to the

other modes of transport of passengers (train, vehicles

particular), different activities of the road transport of

passengers, crossing of borders (international transport),

organization of the main types of transport companies

road of passengers.

b) Objective 2 (drivers of goods vehicles)-Know the

economic context of the road transport of goods and the

organization of the market;

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Content-The importance of transport for development

social, road transport in relation to the other modes of

transport (competition, chargers), different activities of the

road transport (transport on account of third parties, by

own account, ancillary activities of transport), organisation

of the main types of road transport companies of

goods and ancillary activities of transport, different

specializations of transport (tanker trucks, temperature

controlled, etc.), evolution of sectors (diversification of

installments offered, rail transport / road transport,

subcontracting).

Information and communication technologies (FIC 21 h, FIA 14 h)

a) Objective 1 (drivers of passenger vehicles)-Knowing the

current technologies available for use in the system of

transport and be aware of future trends;

Content-Operating support system, applied telematics,

bilhtics without contact, smart cards, information to the public

(electronic stops, Internet, SMS).

b) Objective 2 (drivers of goods vehicles)-Knowing the

current technologies available for use in the system of

transport and be aware of future trends;

Content-Operating support system, applied telematics,

smart cards, Internet, SMS.

32

Individual driving (FIC 21 h, FIA 14 h)

2.4.1. Practical training (FIC 21 h, FIA 14 H)

a) Objective 1 (drivers of passenger cars)-

Improvement of rational driving based on the rules of

security;

Contents Driving individual in heavy passenger vehicle

(categories D, D + E and subcategories D1, D1 + E), accompanied by

instructor of the training centre, and the candidate may carry out, in the

maximum, 8 (FIC) or 4 hours (FIA) of individual driving in a

special ground or in a high quality simulator.

b) Objective 2 (drivers of goods vehicles)-

Improvement of rational driving based on the rules of

security;

Content-Individual conduction in heavy vehicle of

goods (categories C, C + E and subcategories C1, C1 + E),

accompanied by instructor of the training centre, and the

candidate carry out, at most, 8 (FIC) or 4 hours (FIA) of

individual driving on a special ground or a simulator of

high quality.

33

ANNEX II

Common initial qualification training provided for in point (a) of Article 6 (1)

1. Common initial qualification training behaves the teaching of the constant subjects

of paragraph 2 of Annex I, being its duration of 280 hours.

2. Access to the common initial qualification training does not depend on the prior possession of the

corresponding driving licence.

3. Each trainee shall carry out at least 20 hours of individual driving in a

vehicle of the category concerned, which meets at the very least the criteria of the vehicles of

examination as defined in Directive No 91 /439/CEE of July 29, 1991.

4. During individual driving, the forming is accompanied by an instructor of the

training centre where you are found to be registered. Each trainee can carry out, in the

maximum, 8 hours of the 20 hours of individual driving on a special ground or in a

high quality simulator, in order to be evaluated the improvement in driving

rational based on the rules of safety, particularly with regard to the field

of the vehicle connected to the different conditions of the floor, as well as to its variations second

the atmospheric conditions, during the day and during the night.

5. For the drivers referred to in Article 11 (1), the duration of the initial training shall be

70 hours, 5 of which of individual driving.

6. At the end of the training the forming is subjected to a written or oral exam, which

includes at least one issue for each of the purposes of the subjects to be

refers to paragraph 1 of this Annex.

7. The examination is organized by the IMTT, I. P., or by the entities that by this

assigned.

8. The conditions for carrying out the examination shall be fixed by dispatch of the President of the

directive board of the IMTT, I. P.

34

ANNEX III

Accelerated initial qualification training provided for in point (b) of paragraph 1 of the article

6.

1. The accelerated initial qualification training behaves the teaching of the constant subjects

of paragraph 2 of Annex I, being its duration of 140 hours.

2. Access to the accelerated initial qualification training does not depend on the prior possession of the

corresponding driving licence.

3. Each trainee shall carry out at least 10 hours of individual driving in a

vehicle of the category concerned, which meets at the very least the criteria of the vehicles of

examination, as defined in Council Directive 91 /439/CEE, of July 29

of 1991, concerning the driving licence.

4. During individual driving, the forming is accompanied by an instructor of the

training centre where you are found to be registered. Each trainee can carry out, in the

maximum, 4 hours of the 10 hours of individual driving on a special ground or in a

high quality simulator, in order to be evaluated the improvement in driving

rational based on safety rules, particularly with regard to the field

of the vehicle connected to the different conditions of the floor as well as to the variations according to

atmospheric conditions, during the day and during the night.

5. For the drivers referred to in Article 11 (1), the duration of the initial qualification

accelerated is 35 hours, of which two and a half in individual driving.

6. At the end of the training the forming is subjected to a written or oral exam, which

includes at least one issue for each of the purposes of the subjects to be

refers to paragraph 1 of this Annex.

7. The examination is organized by the IMTT, I. P., or by the entities that by this

assigned.

8. The conditions for carrying out the examination shall be fixed by dispatch of the President of the

directive board of the IMTT, I. P.

35

ANNEX IV

Continuing education referred to in Article 9.

1. Continuous training is aimed at the updating of knowledge

fundamental to the driver's activity, with special emphasis on safety

road and the rationalization of fuel consumption, notably through the

deepen and revise some of the subjects provided for in paragraph 2 of Annex I.

2. Continuous training for the purposes of this diploma is mandatory from five in five

years and has the duration of 35 hours lectures for periods of at least 7 hours,

may be carried out partially in high quality simulators.

36

ANNEX V

Provisions relating to specifications and the Community model

of driver qualification letter

1. The physical characteristics of the community model driver qualification letter

are in accordance with the ISO 7810 and ISO 7816-1 standards.

The methods of verification of the physical characteristics of the letters intended to ensure the

its compliance with international standards comply with the ISO standard

10373.

2. The letter is composed of two pages:

Page 1 contains:

a) The mentions "Letter of qualification of driver" and "Portuguese Republic"

printed in uppercase characters;

b) The letter "P" in uppercase, as a distinguishing sign from Portugal, printed in negative

in a blue rectangle surrounded by 12 yellow stars;

c) The distinguishing signees of the issuing member states are as follows:

B: Belgium

BG: Bulgaria

CZ: Czech Republic

DK: Denmark

D: Germany

EST: Estonia

GR: Greece

E: Spain

37

F: France

IRL: Ireland

I: Italy

CY: Cyprus

LV: Latvia

LT: Lithuania

L: Luxembourg

H: Hungary

M: Malta

NL: The Netherlands

A: Austria

PL: Poland

P: Portugal

RO: Romania

SLO: Slovenia

SK: Slovakia

FIN: Finland

S: Sweden

UK: United Kingdom

d) The specific information of the letter issued, numbered as follows:

1-Apels of the holder;

2-own name of the holder;

38

3-Date and place of birth of the holder;

4- a) Date of issue;

b) Date of expiry;

c) Designation of the authority issuing the letter (can be printed on face 2);

d) A number other than the driver's licence number, useful for the management

of the letter of qualification of driver (optional mention);

5- a) Number of the driving licence;

b) Serial number;

6-Photography of the holder;

7-Signature of the holder;

8-Residence, domicile or postal address (optional mention);

9-(Sub) categories of vehicles for which the driver meets the obligations of

initial qualification and continuing education;

e) The mention "Model of the European Communities" and the mention " Letter of qualification

of driver " in the other languages of the Community, printed, the blue in order to

constitute the background plot of the letter:

tarjeta de cualificación del conductor

Тателисисисия ния ния исисисисисисисисисис

Osvědčení profesní zpsing sobilosti řidiče

chaufføruddannelsesbevis

Fahrerqualifizierungsnachweis

juhi ametipädevuse kaart

δελτίο επιμόρφωσης οδηγου

39

driver qualification card

carte de qualification of conducteur

cárta cáiliochta tiomána

letter di qualiazione del conduente

vadītāja kvalifikācijas apliecība

vairuotojo kvalifikacinė kortelė

gépjármé vezetői képesítési igazolvány

karta ta ' kwalifikazzjoni tas-sewwieq

kwalificatiekaart bestuurder

karta kwalifikacji kierowcy

letter of qualification of the driver

Cartela de pregătire profesională a conducătorului auto

preukaz the kvalifikácii vodiča

kartica the usposobljenosti voznika

kuljettajan ammattipätevyyskortti

yrkeskompetensbevis för förare

f) Reference colors:

i) blue: Pantone Reflex blue,

ii) yellow: Pantone yellow.

40

Page 2 contains:

a) 9. The (sub) categories of vehicles for which the driver meets the obligations of

initial qualification and continuing education;

10-The community code " 95. Driver holder of a CAP that satisfies the obligation

of professional aptitude provided for in Article 3º until (e.g.: 95.01.01. 2012) ",

provided for in Article 10 of Directive No 2003 /59/CE of the European Parliament and

of the Council, of July 15, 2003;

11-A space reserved for the possible inscription of the indispensable mentions to the

management or relating to road safety (optional mention). In the case of the

mention relate to a heading set out in this Annex, that mention

shall be preceded by the number of the corresponding heading;

b) An explanation of the numbered headings that arise on the faces 1 and 2 of the letter [by the

less items 1, 2, 3, 4a), 4b), 4c), 5a), 5b) and 10].

3. Security, including the protection of data

The different constitutive elements of the letter are intended to exclude any

falsification or manipulation and to detect any attempt of this kind.

The level of security of the letter is at least comparable to the security level of the letter

of driving.

4. Specific provisions

After consultation with the Commission, colours or markings may be added, such as

bar codes, national symbols and safety elements, without prejudice to the

other provisions of this Annex.

Within the framework of mutual recognition of letters, the bar code may not contain

information in addition to those already in a legible form in the letter of qualification and

training of the driver or who are indispensable for the process of issuing the letter.

41

Driver qualification letter template

Face 1

Face 2

42