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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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624449774f4331594c6d527659773d3d&fich=ppl208-X.doc&Inline=false

1 PROPOSAL of law No. 208/X explanatory memorandum Council Directive No. 2003/59/EC of the European Parliament and of the Council of 15 July 2003, as amended by the directives Nos 2004/66/EC of the Council of 26 April 2004, and 2006/103/EC of 20 November 2006, provides for the requirement of initial qualification and periodic training of drivers of certain road vehicles used for the carriage of goods and passengers. Matter thus transpose that directive, given that qualification, in the wake of the new demands arising from the development of the road transport market, aims to ensure the quality of the driver's qualification for access to the activity of driving, as for your exercise. This is a broader qualification than that which is provided by education for obtaining the license, to the extent that covers a broad range of specificities of the driving of the drivers covered. Indeed, in respect of training intended to see implemented, formative matter concerning the practice of defensive driving and proper knowledge of sectoral regulations applicable to the carriage of goods and the carriage of passengers by coach and bus, is a relevant factor for the increase of quality of road transport services. On the other hand, should be made mandatory or at the initial qualification want further training in order to improve road safety and the safety of the driver, including for operations he carried out with the vehicle stationary.

2 to achieve that desideratum is intended to establish a regime for the recognition of training bodies and regulatory drivers and content of training courses. The proposed scheme, by establishing new requirements for the practice of the profession of driver of certain categories of vehicles, you can set up a restriction to access to the activity of driving since it requires, in addition to the driver's license, a letter of qualification depends on possession of a certificate of competence. So, being concerned freedom of access to and exercise of the profession, constitutionally guaranteed as "rights, freedoms and guarantees", and taking into account the provisions of paragraph d) of paragraph 1 of article 165 of the Constitution of the Portuguese Republic, understand the Government be required to obtain Parliament's authorization to legislate on these matters. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following proposal of law: Article 1 subject-matter is granted the Government permission 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 by the transposition of Directive No. 2003/59/EC of the European Parliament and of the Council of 15 July 2003, as amended by the directives Nos 2004/66/EC of the Council of 26 April 2004 and 2006/103/EC of 20 November 2006. 3 article 2 Extension the authorization referred to in previous article includes: a) the categories of vehicles whose license is applicable to the initial qualification and continuous training of their drivers; b) conditions of issue of driver qualification and certificate of competence as mandatory documents for the conduct of certain vehicles; (c)) the conditions for licensing of providers, the training centres and for approval of training courses; d) accountability for damage to passengers, to the goods carried or to the vehicle itself, the natural or legal person who carries out the transport; and qualification as contravention of) lack of qualification of driver; f) conferral of jurisdiction on the President of the directive Council of the Institute of mobility and land transport, i. p. (DMV, I. P.), to apply administrative measures, in the case of the training bodies fail to meet the requirements of access to licensed activity; g) the provisional seizure of the documents relating to the vehicle or the driver, when, upon verification of a misdemeanour, the offenders don't carry out the voluntary payment of the fine immediately or pay immediately deposit of value equal to the minimum fine, being that this deposit or seizure will remain until payment is effected or there is decision of acquittal. 4 Article 3 term legislative authorization granted by this law lasts for 180 days.

Seen and approved by the Council of Ministers of 23 May 2008 the Prime Minister, the Minister of the Presidency for Parliamentary Affairs Minister 5 the present Decree-Law transposes to the internal legal order the directive no. 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 used for the carriage of goods and passengers. The Directive 2003/59/EC shall apply to self-employed drivers and employed and aims to ensure the qualification of the drivers, both in the business of driving, as during their exercise along the your active life. This is a broader qualification than that which is provided by education for obtaining the license, to the extent that covers a broad range of specificities of the driving of the drivers covered, focusing on specifics of the road transport sectors in which these drivers develop your activity. Overall, this new qualification system aims to improve the security conditions in a double perspective, focusing on road safety and on the safety of the drivers themselves. The weighted combination of this desideratum – improvement of security – with the national reality, we decided to restrict the range of exemptions established in Directive No. 2003/59/EC, through the application of the procedure set out in this decree-law to all drivers of heavy vehicles. As for drivers of heavy goods vehicles, are exempted from the cases of transportation of goods for private purposes, i.e. cases where the transport is the development of a commercial activity, as well as cases in which the driver transport materials or equipment are inherent in the performance of your own profession, provided that this profession is not in main, the terms of conducting the vehicle.

6 with respect to training, relief, for example, the matter of formation concerning the practice of defensive driving, whose beneficial effects for the rationalisation of fuel consumption for the road transport sector and to society in General, are also to register. On the other hand, the appropriate knowledge of the sectoral regulations applicable to the carriage of goods and the carriage of passengers by coach and bus, is also a relevant factor for the increase of quality of road transport services. This qualification, both obtained with initial formation, as a result of its update through continuous training, in five years, is proven by the certificate of professional competence (CPC), indispensable for obtaining the driver qualification card. This document, in conjunction with a driver's license, enables the driver to drive according to the requirements now set out. Provides also an articulation of this formation with the national qualifications Catalogue, as an instrument of strategic management skills, enabling a better matching of training responses to the needs of enterprises, the labour market and of citizens, organized in a dual logic certification, school and professional and structured in levels of qualification described in the national framework of qualifications, as results of Decree-Law No. 396/2007 , of 31 December. With regard to the provision of training, this fits the training bodies duly licensed by the Office of mobility and land transport, I. P., subject to compliance with a set of specific requirements that aim at ensuring the provision of quality education and able to form the drivers according to the standards of requirement and the objectives pursued by the present Decree-law.

7 in addition to the regime for the recognition of training bodies and of training courses, this decree-law lays down the sanctions regime applicable to non-compliance with the rules establishing, determines the timing of the obligation to obtain the letter of qualification of driver and establishes, in its annexes, the contents of the training. So: the use of legislative authorization granted by law No........, and pursuant to points (a)) and b) of paragraph 1 of article 198 of the Constitution, the Government decrees the following: chapter I General provisions Article 1 subject-matter this Decree-Law transposes to the internal legal order the directive no. 2003/59/EC of the European Parliament and of the Council of 15 July 2003 , as amended by Directive n° 2004/66/EC of the Council of 26 April 2004, and Directive No. 2006/103/EC of 20 November 2006 on the initial qualification and periodic training of drivers of certain road vehicles and road passenger transport, securing the corresponding conditions of employment. Article 2 Scope this decree-law shall apply to the activity of driving exercised by persons who are holders of 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, in accordance with the highway code, hereinafter referred to as drivers of goods and passenger vehicles respectively, or generically by drivers. 8 article 3 Exemptions are not covered by the provisions of this Ordinance the drivers of following vehicles: a) with a maximum authorised speed not exceeding 45 km/h; (b)) to the service or under the control of the armed forces, security forces, firemen or civil protection; c) subjected to road tests for technical development, repair or maintenance; d) New or transformed that have not yet been put into service; e) Used in an emergency or assigned to rescue missions; f) used in automobile driving lessons, with a view to obtaining a driving licence or certificate of competence, abbreviated known as CAP, referred to in paragraph 2 of article 4; g) used for the commercial transport of passengers or goods, for personal use; h) carrying material or equipment for the driver's profession, since driving is not to your main activity. CHAPTER II Enabling and qualification article 4 Letter 1-driver qualification is mandatory possession of driver's qualification for the driving of vehicles referred to in article 2, with the respective specifications and annex V to the present Decree-Law, him making an integral part. 9 2-issuing letter of qualification of driver depends on possession of a CAP, issued according to paragraph 2 of article 5 3-the driver qualification card is issued for a period of up to five years. 4-the Office of mobility and land transport, I. P., briefly referred to as DMV, I. P., is the competent authority for issuing the driver qualification card. Article 5 certificate of competence 1-CAP proves the initial qualification or the periodic training referred to in articles 6 and 9, respectively. 2-the issue of the CAP depends on approval by the end of the initial exam or obtaining utilization in continuing training. 3-qualification proven by the CAP is valid for a period of five years from the date of the examination or the completion of continuing training, as the case may be. 4-CAP initial qualification training evidence, without prejudice to the other legal requirements, allows to obtain driving licence for vehicles of categories C, C + E and subcategories C1, C1 + E, from 18 years of age, as provided for in subparagraph (c)) of paragraph 2 of article 126 of the highway code. 5-the CAP is issued by the DMV, I. P. competence which may be delegated by order of the President of the Governing Board of the DMV, i. p. 6-the CAP is fixed by order of the President of the Governing Board of the DMV, i. p. 10 article 6 initial qualification 1-the initial qualification is mandatory and integrates the following modalities: a) initial qualification; and (b)) accelerated initial qualification. 2-the formation of initial qualification and methodology of the evaluation of the drivers are governed by the provisions of annexes II and III to this decree-law, him making an integral part. Article 7 common initial qualification certifying initial qualification common CAP enables the holder to obtain your driver's license, qualifying for driving under the following conditions:) from 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 accelerated initial qualification certifying CAP enables the holder to obtain your driver's license, qualifying for driving under the following conditions: a) from the age of 18 years, vehicles of subcategory C1, C1 + e; b) from the age of 21 years, vehicles of categories C, C + E and subcategories D1, D1 + E; c) from the age of 23 years, vehicles of categories D and D + E.

11 article 9 1 continuous training-training is mandatory and must be purchased every five years, before the end of the validity of the CAP. 2-In case of revocation, the CAP can be renewed through continuous training. Article 10 contents of materials, modules, training objectives and syllabus of training set out in annex I to the present Decree-Law, him making an integral part. Article 11 remission 1 material-goods vehicle drivers wishing to drive passenger vehicles, or vice versa, and who hold a CPC as referred to in articles 7 and 8, for the purpose of obtaining the corresponding CAP, are only obliged to repeat the specific parts of the new qualification. 2-drivers owners of professional competence for the carriage of goods or professional capacity for the carriage of passengers by coach and bus wishing to acquire the initial qualification provided for in this decree-law, are exempted from the frequency and examination of matters common to both formations. Article 12 foreign drivers access 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 habitual residence in the national territory; 12 b) third-country Nationals who are holders of residence or residence in the national territory. 2-have access to continuing training, foreign drivers habitually resident or working in the country. CHAPTER II article 13 training activity providers licensing 1-training activities provided for in this decree-law may only be conducted by training bodies, including schools, licensed by the DMV, I. P., pursuant to this Ordinance. 2-the licensing provided for in the preceding paragraph is created by permit, which is issued for a period of five years, renewable by the proof that keep the business requirements. 3-the license is not transferable in any capacity and for any purpose. 4-conditions of licensing and application for renewal of license shall be fixed by order of the Member of Government responsible for the transport sector. Article 14 the business requirements Are requirements of the business of training provided for in article 13: a) Constitution of the former entity in the form of legal entity, and its corporate object or include the statutory education or training; b) Suitability; 13 c) technical capacity; d) financial capacity; and Accreditation as an entity, forming) pursuant to ministerial order No. 782/97, of 29 August; f) tax status and the contribution before the social security situation regularized. Article 15 1 Integrity-The providers and their legal representatives must possess integrity. 2-the suitability of the training bodies is measured through the suitability of their legal representatives, in particular administrators, managers or directors. 3-for the purposes of the preceding paragraph, are considered suitable people for which there is any of the following impediments: the legal or judicial Ban) the Office of the trade, during its period of duration; (b)), judicial or administrative legal prohibition of the pursuit of the activity of training provided for in this decree-law, the activity of the teaching of car driving or training activity of other professions in the field of road transport, throughout their lifetime; c) conviction, for final decision, in jail, for any of the following crimes: i) against assets; II) influence of narcotic drugs or psychotropic substances; III) money laundering; 14 iv) customs or Tax; v) falsification of documents; vi) criminal association; VII) willful or favouring of Insolvency creditors. Article 16 financial capacity 1-financial capacity consists in the possession of the necessary financial resources to ensure the early and proper management of training activity. 2-for the purposes of commencement of activity, the training bodies should be provided with a minimum statutory share capital or of € 50,000. 3-proof of the provisions of paragraph 1 shall be effected by providing the access code to the permanent certificate of the commercial register or, Alternatively, by the commercial registration certificate on their social capital. Article 17 technical capacity 1-the technical capacity is in possession of the following resources necessary to ensure the quality of training: the technical-pedagogical Coordinator), responsible for training activities pursued by the former; b) Training Team consisting of trainers and instructors properly enabled;

15 c) appropriate means in relation to premises, means of information and communication technology, human resources and technical and pedagogical resources. 2-by order of the Member of Government responsible for the transport sector are laid down the requirements for resources referred to in the preceding paragraph. Article 18 technical-pedagogical Coordinator 1-the technical-pedagogical coordinator must have experience of at least five years in the same position of lecturer or trainer, within the framework of the training referred to in this decree-law, or training or education in other areas. 2-the technical-pedagogical coordinator, with obedience to the provisions of this Decree-Law: a) Propose and coordinate the pedagogical orientation lines below by the former, particularly as regards training centres; b) make proposals and give opinions on the teaching methods and the assessment of knowledge, enjoying the success of the training; c) promote educational surveys to teachers and trainees. Article 19 residence of 1-access requirements the requirements of access to training activities are ongoing and verification check your fill-forming entities where requested by DMV, I. P.

16 2-The training bodies are required to communicate to the DMV, I. P., within 30 days, the changes to the statutory or social pact, in particular changes to the share capital, in the management, administration or management, as well as the change of registered office. Article 20 Lack access requirements prevailing 1-lack of any supervening the business requirements set out in article 14, shall be supplied within six months from the date of your event. 2-during the period referred to in the preceding paragraph, without the lack is supplied, imply the revocation of licensing provided for in paragraph 1 of article 13 article 21 obligations of providers Are duties of training bodies: a) the duty of independence and equal treatment of all applicants for training and trainees; b) the duty to provide the elements relating to the exercise of your activity, where requested by the DMV, I. P. Article 22 1 training centres-training centres are training spaces consisting of the facilities, equipment and technical and pedagogical resources necessary for appropriate training activities. 2-operating conditions of the training centres are established by resolution of the Governing Board of the DMV, I. P.

17 Article 23 1 training courses-training courses require prior approval by the DMV, I. P., which is issued for a period of five years, renewable by the proof that keep the necessary requirements to your operation. 2-for the purposes of the preceding paragraph, the training courses should be organized and delivered in accordance with conditions to be determined by resolution of the Governing Board of the DMV, I. P. Article 24 Administrative Measures depending on the seriousness of the breach by the training bodies of the duties set out in this Chapter, the following penalties may be adopted within the competence of the President of the Administrative Board of the DMV , I. p.: a) written Warning; b) non-recognition of the validity of the training and/or assessment; c) suspension of licensing of the former entity, for a period of up to one year; d) cancellation of licensing of the former entity or the approval of the training course.

18 CHAPTER III sanctions Regime article 25 1 Surveillance-the monitoring of compliance with the provisions of this decree-law, the DMV, I. P., and, in relation to compliance with the obligation referred to in paragraph 1 of article 4, the National Republican Guard and the Public Security Police. 2-the entities referred to in the preceding paragraph may conduct, with the natural or legal persons carrying out any of the activities referred to in this decree-law, inspections and investigations necessary for the performance of your inspection powers under the law. Article 26 1-Offences Constitutes a misdemeanour punishable by a fine of € 1 000 to € 3 000 to infringement of the provisions of paragraph 1 of article 4, unless the driver present the document then foreseen within 48 hours to the authority indicated by the monitoring agent. 2-Constitute punishable offences with the following fines: the) lack of permit referred to in paragraph 2 of article 13, with fines of € 10 000 to € 30 000; b) infringement of paragraph 2 of article 19, with a fine of € 500 to € 1 500. 3-negligence is punishable, and the limits of the fines referred to in the previous paragraphs halved.

19 article 27 Liability of infringements infringements of this decree-law are the responsibility of the former entity except as regards breaches of paragraph 1 of article 4, in which they are responsible to their respective authors. Article 28 voluntary payment 1-If the offender does not wish to make the voluntary payment, must be the amount equal to the minimum fine provided for the administrative offense practiced. 2-the voluntary payment or the deposit referred to in the preceding paragraph shall be made in the Act of verification of the alleged infringement, the deposit to guarantee the payment of the fine in that the offender may be sentenced as well as legal expenses to any place. 3-If the offender declare that you want to pay the fine or make a deposit and you can't do it at the time of verification of the alleged infringement, must be seized his driver's license and registration and title of registration of the vehicle until payment or deposit gross. 4-in the case referred to in the preceding paragraph shall be issued replacement guides seized documents with validity not exceeding 90 days, renewable. 5-failure to pay or deposit pursuant to the previous paragraphs implies the vehicle impoundment, which remains until the payment or deposit or the decision of acquittal. 6-the vehicle seized responds in the same way as the deposit for payment of amounts owed.

20 article 29 vehicle impoundment whenever the immobilization of a vehicle resulting in damage to passengers, goods transported or to the vehicle itself is the responsibility of the natural or legal person who carries out the transport liability for such damage, without prejudice to the right of return. Article 30 1 offences processing-processing of administrative offences provided for in this decree-law is the responsibility of the DMV, I. P. 2-the application of fines is the responsibility of the President of the Governing Board of the DMV, I. P. Article 31 product of the fines the allocation of the proceeds of fines is done as follows: 20% for the DMV), i. p., constituting own recipe; b) 20% for the inspection, which is my own recipe; c) 60% for the State. CHAPTER IV transitional and final provisions article 32 exemption from the initial qualification and periodic training 1-Are exempt from the obligation of initial qualification, the following drivers: 21 a) holders of driving licences of categories D, D + E and subcategories D1, D1 + E issued up to September 9 2008; b) holders of driving licences of categories C, C + E and subcategories C1, C1 + E issued up to September 9 2009. 2-the drivers referred to in point (a)) of the preceding paragraph shall obtain the continuous training and the corresponding CAP and driver qualification card, in the following terms: a) until September 10 2011, those who on this date have aged 30 years; b) Until 10 September 2012, that on this date are between the ages of 30 and 40 years; c) Until 10 September 2013, that on this date are between the ages of 40 and 50 years; d) Until 10 September 2015, that on this date are older than 50 years. 3-the drivers referred to in point (b)) of paragraph 1 shall obtain the continuous training and the corresponding CAP and driver qualification card, in the following terms: a) until 10 September 2012, that on this date have age not exceeding 30 years; b) Until 10 September 2013, that on this date are between the ages of 30 and 40 years; c) Until 10 September 2014, that on this date are between the ages of 40 and 50 years; d) Until 10 September 2016, that on this date are older than 50 years. 4-the timetable provided for in paragraphs 2 and 3 may be unfolding by order of the Member of Government responsible for the transport sector. 22 article 33 Joint with the national qualifications Catalogue 1-the formation developed in the present Decree-Law shall be articulated with the national catalogue of Qualifications, in accordance with the applicable legislation, so as to contribute to the elevation of the levels of qualification. 2-the links referred to in the preceding paragraph is promoted by the National Agency for qualification, I. P., pursuant to paragraph 5 of article 6 of Decree-Law No. 396/2007, of December 31, involving the DMV, I. P. Article 34 entry into force this law shall enter into force on the day following your publication, save as to the requirement of possession of driver's qualification and the CAP provided for in paragraph 1 of article 4 and paragraph 1 of article 5, respectively, whose validity, without prejudice to the provisions of article 32, beginning the day 10 of September 2008 and on September 10, 2009 in relation to drivers of passenger and freight vehicles, respectively. Seen and approved by the Council of Ministers of the Prime Minister and State Minister for Foreign Affairs the Minister of State and Finance Minister of internal administration 23 the Minister of justice the Minister of public works, transport and communications the Ministry for labour and Social solidarity 24 annex I contents of the training referred to in article 10 1. The knowledge to be taken into account for the confirmation of initial formation (FIC), the accelerated initial qualification training (FIA) and continuous training of drivers shall cover at least the following materials described in paragraph 2. The minimum level of knowledge may not be less than level 2 of the training-level structure provided for in annex I of decision No 85/368/EEC of 16 July 1985, that is, the level achieved by a training acquired during compulsory education supplemented by professional training. 2. Subjects, modules, objectives and syllabus of vocational training that supplements the compulsory schooling: 2.1. Improvement to rational driving based on safety regulations (FIC, 28 h 63 h FIA) 2.1.1. Mechanics and electronics (FIC 28 h, FIA 7:00)) objective 1-know the characteristics of the kinematic chain to optimize their use; Content-torque Curves, curves, curves of specific consumption of an engine, area of optimum use of revolution counter, overlay diagrams of relationships of the gearboxes.

25 b) Goal 2-get to know the technical characteristics and operation of the security organs in order to master the vehicle, to minimise your wear and prevent their problems; Contents-identification of key components of vehicles, specific features of hydraulic-pneumatic braking circuit, use of brakes and flame retardant systems, find the best compromise between the speed and the relationship, use of vehicle inertia, using the means of slowing down and braking on descents, attitude to adopt in the event of a failure, detection of small defects. Defensive driving, environmental and economic (FIC 35 h, FIA 9:00 pm)) Aim 1-Know optimise fuel consumption; -Content optimization of fuel consumption through qualifications arising from the objectives of (a)) and (b)) 2.1.1. module. b) objective 2 (drivers of passenger vehicles)-to ensure the safety and comfort of passengers; Content-daily Check of the vehicle and your importance, calibration of the longitudinal and lateral movements, breakdown of the process, positioning on the sidewalk, smoothness, braking the console work, defensive driving techniques, using specific infrastructures (public areas, reserved lanes), managing conflicts between safe driving and other roles as a driver, interacting with passengers, peculiarities of certain groups of passenger transport (disabled , children);

26 c) objective 3 (drivers of passenger vehicles)-to be able to secure a load in compliance with the safety instructions and the proper use of the vehicle; Content-forces applied to vehicles in motion, use of gearbox ratios according to vehicle load and road profile, calculation of payload of vehicle or Assembly, load distribution, consequences of overloading on the axles, vehicle stability and centre of gravity. d) objective 4 (drivers of goods vehicles)-to be able to secure a load in compliance with the safety instructions and the proper use of the vehicle; Content-daily Check of the vehicle and your importance, forces applied to vehicles in motion, use of gearbox ratios according to vehicle load and road profile, calculation of payload of vehicle or Assembly, defensive driving techniques, useful volume calculation, load distribution, consequences of overloading on the axles, vehicle stability and centre of gravity , types of packaging and load holders, main categories of goods needing packaging (shim placement techniques and conditioning, use of straps wrapping, packaging check, use of maintenance resources, placing and removal of tarpaulins). 2.2. Regulations (FIC 49 h, FIA 9:00 pm) 2.2.1. Labour regulations (FIC 9:00 pm, FIA 7:00) 27 a) Objective 1-to know the social environment of road transport and the your regulations; Content-maximum Durations of work specific to transport principles (practical application through the use of the tachograph and the regulations in force) sanctions in case of non-use, misuse or falsification of the tachograph, knowledge of social environment of road transport (rights and duties of drivers as regards initial qualification and continuous training), equal opportunities and applicable regulations. 2.2.2. Regulation of the activity (FIC 28 h, FIA 2:00 pm)) objective 1 (drivers of passenger vehicles)-to meet the rules on the carriage of passengers; Contents-national and international transport Regulations of specific groups, safety equipment on board buses, safety belts, vehicle load. b) objective 2 (goods vehicles drivers)-Meet the rules on the carriage of goods; Contents-national and International Regulations, title to the exercise of the activity of transport, duties of model contracts of carriage of goods, drafting of documents which form the transport contract, international transport permits, obligations of the Convention on the contract for international carriage of goods by road (CMR), wording of the Declaration of exportation, crossing borders, freight forwarders, special documents accompanying goods.

2.3 28. Health, road safety, environmental safety, service and logistics (FI 147 h, FIA 77 h) 2.3.1. Accidents (FIC, FIA 2:00 pm 9:00 pm)) objective 1 (drivers of passenger vehicles)-Be aware of the risks of the road and accidents at work; Contents – typology of workplace accidents in the transport sector, road accident statistics, involvement of buses, consequences in terms of human, material and financial. b) objective 2 (goods vehicles drivers)-Be aware of the risks of the road and accidents at work; Content-Types of work-related accidents in the transport sector, road accident statistics, involvement of lorries, consequences in terms of human, material and financial. 2.3.2. Crime Prevention in transportation (FIC 7:00, FIA 7:00)) objective 1-Know prevent crime and illegal trafficking; Contents-general information, implications for drivers, preventive measures, check list of verifications, legislation on the liability of transport undertakings.

29 health, safety and hygiene at work (FIC 9:00 pm, FIA 7:00)) objective 1-Know prevent physical risks; Content-principles of ergonomics, human factors in driving, human factors in interaction with embedded information and communication systems (risks), concepts of workload, fatigue and stress, recommendations on gestures and postures of risk and management of fatigue and stress. b) objective 2 – Note the importance of physical and mental fitness; Content-principles of healthy eating and balanced, effects of alcohol, drugs and other substances that may change the behavior. Emergencies and first aid (FIC 9:00 pm, FIA 7:00)) objective 1 – be able to assess emergency situations and apply proper procedures; Content-behavior in emergency situation (to evaluate the situation, prevent further accident, provide the aid, rescue the wounded and apply first aid, reaction in the event of fire, evacuation of occupants, ensure the safety of all passengers), reactions in the event of aggression, the basic principles of the Declaration.

30 interpersonal relationships and quality of service (FIC 35 h, FIA 2:00 pm)) Aim 1-Learn to adopt behaviors that contribute to the valorisation of the brand image of a transport services company; Content-the driver's Attitudes and brand image (importance of the quality of the provision of the driver for the company, different roles of the driver, the driver's interlocutors, different vehicle maintenance, work organisation, consequences of a dispute in commercial and financial plans). Economic context and business organization (FIC, FIA 9:00 pm 2:00 pm)) objective 1 (drivers of passenger vehicles)-Meet the economic context of road passenger transport and the organisation of the market; Content-the importance of transportation to the social development, road passenger transport compared to other modes of passenger transport (rail, private vehicles), different road passenger transport activities, crossing borders (international transport), organisation of the main types of road passenger transportation companies. b) objective 2 (goods vehicles drivers)-Meet the economic context of carriage of goods by road and the organisation of the market;

31 Contents-the importance of transportation to the social development, road transport in relation to other modes of transport (competition, shippers), different road transport activities (transport for account of third parties, by his own account, auxiliary transport activities), organisation of the main types of road freight transport companies and auxiliary transport activities, different transport specialisations (road tankers , controlled temperature, etc.), the evolution of sectors (diversification of services provided, rail/road transport, subcontracting). Information and communication technologies (FIC, FIA 9:00 pm 2:00 pm)) objective 1 (drivers of passenger vehicles)-Meet the current available technologies for use in transportation system and be aware of future trends; Content-operating support system, applied telematics, contactless ticketing, smart cards, public information (electronic, Internet, SMS stops). b) objective 2 (goods vehicles drivers)-Meet the current available technologies for use in transportation system and be aware of future trends; Contents – operating support system, applied telematics, smart cards, Internet, SMS.

32 individual Driving (FIC, FIA 2:00 pm 9:00 pm) 2.4.1. Practical training (FIC, FIA 9:00 pm 2:00 pm)) objective 1 (drivers of passenger vehicles)-improving the rational driving based on safety regulations; Individual Driving content in heavy vehicle passengers (categories D, D + E and subcategories D1, D1 + E), accompanied by an instructor of the training centre, and the candidate make, at most, 8 (FIC) or 4 hours (FIA) of individual driving on special or a high quality Simulator. b) objective 2 (for vehicle drivers of goods) – improvement of rational driving based on safety regulations; Content-individual Driving in heavy goods vehicle (categories C, C + E and subcategories C1, C1 + E), accompanied by an instructor of the training centre, and the candidate make, at most, 8 (FIC) or 4 hours (FIA) of individual driving on special or a high quality Simulator. 33 ANNEX II common initial qualification training referred to in (a)) of paragraph 1 of article 6 1. The formation of common initial qualification involves the teaching of matters set out in paragraph 2 of annex I, and your length of 280 hours. 2. access to the formation of common initial qualification does not depend on the prior possession of the corresponding licence. 3. Each form shall be at least 20 hours of individual driving a vehicle of the category concerned which meets at least criteria test vehicles as defined in Directive 91/No. 439/EEC of 29 July 1991. 4. individual while driving, the form is accompanied by an instructor of the training centre where it is registered. Each form can perform a maximum of 8 hours of the 20 hours of individual driving on special or on a simulator of high quality, in order to evaluate the improvement in rational driving based on safety regulations, in particular as far as the area of the vehicle be connected with the different conditions of the floor, as well as its variations according to weather conditions during the day and during the night. 5. For the drivers referred to in paragraph 1 of article 11, the duration of the initial training is 70 hours, 5 of which individual driving. 6. At the end of the training the trainee is subject to a written or oral examination, which includes, at least, a matter for each of the objectives of the matters referred to in paragraph 1 of this annex. 7. the examination is organized by the DMV, I. P., or by entities for this are designated. 8. The examination conditions are fixed by order of the President of the Governing Board of the DMV, i. p. 34 ANNEX III formation of accelerated initial qualification provided for in point (b)) of paragraph 1 of article 6 1. The formation of accelerated initial qualification involves the teaching of matters set out in paragraph 2 of annex I, and your length of 140 hours. 2. Access to training for accelerated initial qualification does not depend on the prior possession of the corresponding licence. 3. Each form shall be at least 10 hours of individual driving a vehicle of the category concerned which meets at least criteria test vehicles as defined in Directive 91/No. 439/EEC of 29 July 1991 on driving licences. 4. individual while driving, the form is accompanied by an instructor of the training centre where it is registered. Each form can perform a maximum of 4 hours from 10 hours of individual driving on special or on a simulator of high quality, in order to evaluate the improvement in rational driving based on safety regulations, in particular with regard to the area of the vehicle attached to the different conditions of the floor as well as the variations according to weather conditions during the day and during the night. 5. For the drivers referred to in paragraph 1 of article 11, the duration of the accelerated initial qualification is 35 hours, of which 2:30 in individual driving. 6. At the end of the training the trainee is subject to a written or oral examination, which includes, at least, a matter for each of the objectives of the matters referred to in paragraph 1 of this annex. 7. the examination is organized by the DMV, I. P., or by entities for this are designated. 8. The examination conditions are fixed by order of the President of the Governing Board of the DMV, i. p. 35 ANNEX IV training referred to in article 9 1. The training aims at updating the fundamental knowledge to the driver's activity, with particular emphasis on road safety and the rationalisation of fuel consumption, particularly through the deepening and the review of some of the matters referred to in paragraph 2 of Annex i. 2. Continuing training for the purposes of this decree-law is required every five years and lasts for 35 hours taught for periods of at least 7 hours, and can be carried out partially in high quality simulators. 36 ANNEX V provisions relating to specifications and to the Community model driver qualification 1. The physical characteristics of the card of the Community model driver qualification are in accordance with ISO 7810 and ISO 7816-1. The methods of verification of the physical characteristics of the letters meant to ensure your compliance with the international standards comply with ISO standard 10373. 2. The letter consists of two pages: page 1 contains: a) the indications «driver qualification Card» and «Portugal» printed in large type; (b)) the letter ' P ' in uppercase, as distinctive mark of Portugal, printed in negative in a blue rectangle and encircled by 12 yellow stars; c) The distinctive initials 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: Netherlands: Austria PL: Poland P: Portugal RO: Romania SLO: Slovenia SK : Slovakia FIN: Finland S: Sweden UK: United Kingdom d) information specific to the licence issued, numbered as follows: 1-nicknames of the holder; 2-name (s) of the holder; 38 3-date and place of birth of the holder; 4-a) date of issue; b) expiry date; c) name of the authority issuing the licence (can be printed on face 2); d) a number other than the number of driver's license, useful for the management of driver qualification card (mention optional); 5-a) driver's license number; b) serial number; 6-photograph 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 satisfies the initial qualification and obligations of continuing training; and) the words ' European Communities model ' and the words ' driver qualification Card» in the other languages of the community, printed in blue so as to form the background of the licence: tarjeta de cualificación del conductor карта на водача квалификация за profesní Osvědčení způsobilosti řidiče chaufføruddannelsesbevis Fahrerqualifizierungsnachweis ametipädevuse δελτίο επιμόρφωσης οδηγού kaart juhi 39 driver qualification card carte de conducteur cárta cáilíochta tiomána of pre-qualification letter di qualificazione del vadītāja apliecība vairuotojo kvalifikācijas conducive kvalifikacinė kortelė igazolvány képesítési gépjárművezetői karta ta ' tas-kwalifikazzjoni sewwieq kwalificatiekaart karta kwalifikacji bestuurder kierowcy driver qualification letter pregătire profesională chart the conducătorului auto kvalifikácii vodiča kartica preukaz the the kuljettajan ammattipätevyyskortti yrkeskompetensbevis voznika usposobljenosti för förare f) reference colours : i) Blue: Pantone Reflex blue, ii) yellow: Pantone yellow. 40 page 2 contains: a) 9. The (sub) categories of vehicles for which the driver satisfies the initial qualification and obligations of continuing training; 10-the Community code 95. Driver holding a CPC meeting the obligation of professional competence referred to in article 3 to (for example: 95.01.01.2012) ", laid down in article 10 of Directive 2003/59 Nr./CE, of the European Parliament and of the Council of 15 July 2003; 11-A space reserved for the possible entry of the information essential for the management or related to road safety (optional mention). In the case of the words relate to a heading set out in this annex, this mention should be preceded by the corresponding heading number; b) an explanation of the numbered items which appear on the faces 1 and 2 of the Charter [at least headings 1, 2, 3, 4a, 4b, 4 c))), 5a), 5b) and 10]. 3. Security, including data protection the various constituent elements of the Charter are intended to exclude any falsification or tampering and to detect any attempt of this type. The security level of the letter is at least comparable to the security level of a driver's license. 4. specific provisions After consultation of the Commission, can be added colours or markings, such as bar codes, national symbols and security features, without prejudice to the other provisions of this annex. In the context of mutual recognition of letters, the bar code may not contain information beyond that already legibly appearing on the letter of qualification and training of the driver or which are indispensable to the process of issuing the letter. 41 model driver qualification 1 Sided Face 2 42