Authorizes The Government To Fix Incompatibilities Which Affect The Exercise Of The Medical And Psychological Evaluation, As Well As Provide For The Mere Social Ordering Illegal And Respective Sanctions, Arising From The New Regulation Enabling Legal

Original Language Title: Autoriza o Governo a fixar as incompatibilidades que condicionam o exercício da actividade de avaliação médica e psicológica, bem como prever os ilícitos de mera ordenação social e respectivas sanções, decorrentes do novo Regulamento da Habilitação Legal

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624449354d4331594c6d527659773d3d&fich=ppl290-X.doc&Inline=false

1 PROPOSAL of law No. 290/X/4th explanatory statement the assessment of physical, mental and psychological fitness of candidates for drivers and conductors are laid down in Decree-Law No. 45/2005, of February 23, amended by Decree-Law No. 130/2005, of 24 June. The evolution of science and medical research advises to change the instruments and procedures until now used in this evaluation, using the technologies available for the evaluation of the sense of sight, physical skills, perceptual motor, information integration and psychosocial factors. To this end, it is important to implement structures that make it possible to develop the activity of medical and psychological evaluation of candidates for driver and drivers of consistent and create Medical and psychological evaluation centers (CAMP) responsible for that assessment. It is expected, therefore, that the creation of the CAMP can contribute to the promotion of the improvement of the ability of drivers to driving. Matter, also, set the incompatibilities which affect the pursuit of the business of exploitation of the CAMP, as well as the exercise of the medical and psychological assessment, matters relating to rights, freedoms and guarantees, in accordance with article 47 of the Constitution, and illicit established social ordering and respective sanctions merely by the non-compliance with the rules. On the other hand, road safety and the fight against accidents involve preventive measures aimed at safeguarding legal goods like the life and physical integrity of users of public roads, determining that doctors inform the health authority, on drivers suffering from illness or disability, chronic or progressive or stop psychological Forum disturbances may affect driving safety.

2 Finally, there is all the convenience in consecrating as mere social ordering illegal driving mopeds, motorcycles with a cylinder capacity not exceeding 50 cm3 and agricultural tractors by holder of driving licence not authorized to drive these vehicles. Were triggered the consultations with government organs of the Autonomous Region. 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, in the context of the adoption of a new Legal License to conduct regulation, establish the incompatibilities that affect access to and the exercise of the medical and psychological evaluation activity , and even predict the mere social ordering illegal for driving mopeds, motorcycles with a cylinder capacity not exceeding 50 cm3 and agricultural tractors, by holder of driving licence that does not enable to drive these vehicles. Article 2 the present law shall be granted to implement a new regime of physical, mental and psychological evaluation of candidates for driver and drivers of motor vehicles, to be applied by private entities.

3 article 3 extension to extension of legislative authorization granted is as follows: a) Declare prevented for the operation of Medical and psychological evaluation centers (CAMP) or to the exercise of any activities in these centres: i) the entity holder of driving school permit, as well as their respective partners, managers or directors; II) the director, Deputy Director, instructor or person who performs any other function, free of charge or against payment, in driving school; III) the holder of any body of persons authorised to conduct driving tests; IV) the driving examiner or person who performs any function, free of charge or against payment, in driving test centre; v) the agent or employee of the entity responsible for the surveillance of driving schools, driving test centres or of the CAMP; vi) doctors and psychologists operating medical and psychological evaluation on appeal. b) Determine that the doctors who, in the course of clinical activity, detect drivers who suffer illness or disability, chronic or progressive, or stop psychological Forum disturbances may affect driving safety, broadcast this information to the health authority; c) qualifying as mere social ordering illegal driving: i) Mopeds or motorcycles with a cylinder capacity not exceeding 50 cm 3, holder of driving licence with another category other than the category or subcategory A1;

4 ii) agricultural Vehicles, by holder of driving licence for mopeds and motorcycles with a cylinder capacity not exceeding 50 cm3; III) Mopeds or motorcycles with a cylinder capacity not exceeding 50 cm 3, holder of driving licence of agricultural vehicles. Article 4 Duration the legislative authorization granted by this law lasts for 180 days.

Seen and approved by the Council of Ministers of 14 May 2009 the Prime Minister the Minister of Parliamentary Affairs Minister Presidency 5 in paragraph 7 of article 126 of the highway code, approved by Decree-Law No. 114/94, of May 3, revised and republished by Decree-Law No. 44/23 February 2005, establishes the need to lay down minimum requirements regulation of physical fitness mental and psychological, for the exercise of driving, the modes of proof, evidence of constitutive driving test of motor vehicles, the length of validity of the driving titles according to the age of the holder and the shape of your renewal. The regulation ensures that the medical Act and the psychological examination of the candidate's assessment or driver must be the most suited to the intended qualification, taking into account the interest of the evaluated and road safety. In this decree-law regulation aims to approve, ensures that the medical Act and the psychological examination of the candidate's assessment or driver are appropriate, which gives special attention to eye examination and extends the obligation of submission to psychological examination to revalidation of titles for the initial procurement that test is required. Still in the field of medical and psychological evaluation, establishes that its implementation can be carried out by Medical and psychological evaluation centers, passing the public authorities to intervene essentially on appeal. Gives to the General Inspectorate of Health Activities and to the Office of mobility and land transport, I. P. competence to oversee those centres, in accordance with their respective powers.

6 with regard to driving test, introduces the possibility of candidates opt for their achievement in the public examinations centre closest to the Head Office of the applicant's driving school and is attributed competence examination centres of vocational training centres approved by the Ministry of agriculture, Rural development and fisheries to carry out the examinations intended for obtaining driving licenses of agricultural vehicles. Approved the content, the composition and the duration of the special examination, the composition of the driving tests to obtain a driving licence for mopeds and motorcycles up to 50 cm3 cylinder capacity and agricultural vehicles, as well as the legal framework for the issue, validity and renewal of driving titles. So: the use of legislative authorization granted by article ... of Law No .../2009 of .... de..., and pursuant to points (a)) and b) of paragraph 1 of article 198 of the Constitution, the Government decrees the following: Article 1 subject-matter this Decree-Law approves the regulation of Legal License to drive, whose text is published in annex to this decree-law, which is an integral part , hereinafter referred to as the Regulation. Article 2 exams for obtaining driving license of agricultural vehicles Are authorised to conduct driving tests for obtaining driving licenses of agricultural vehicles, the centers of examination of vocational training centres approved by the Ministry of agriculture, Rural development and fisheries, recognised for this purpose by the Office of mobility and land transport, i. p. (DMV , I. P.).

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Article 3 driving permits issued by municipalities 1-driving licenses of mopeds, motorcycles with a cylinder capacity not exceeding 50 cm3 and agricultural vehicles valid and issued by municipalities, are exchanged for other broadcasting by the DMV, I. P., at the request of the parties, on the expiry of its validity. 2-for the purposes of the preceding paragraph, the application that requests the issuance of a new license must be filed with the DMV, I. P., of the area of residence of the driver, accompanied by the original of the title or an equivalent document issued by the respective Town Hall, photocopy of identification document of the applicant and two photos. 3-the return of the license is communicated by the DMV, I. P., to City Hall station, indicating the number of the license changed and the number of new license issued. 4-whenever I detect a holder of driving licence lapsed, without proof that the request has been made, supervisory authorities should proceed to the arrest of the title, refer it to the DMV, I. P., and issue replacement guide valid for 60 days. 5-the conduct of any of the vehicles referred to in paragraph 1 by holder of driving licence or replacement guide expired is sanctioned with a fine of € 120 to € 600, if another more serious penalty does not apply.



8 article 4 application in autonomous regions in the autonomous regions of the Azores and Madeira, the powers under this Ordinance and the Regulation approved by it to the DMV, I. P., the General Inspectorate of Health Activities and to the Directorate-General for health are carried out by bodies and departments of the regional administrations. Article 5 transitional provisions 1-While in the area of the District of residence contained in the identity card of the examinee is not operating a center of medical and psychological Evaluation, assessment of physical, mental and psychological fitness shall be carried out: a) doctor in the exercise of their profession, for applicants or drivers in Group 1; (b)) by the health authority of the health of the area of their residence regarding the physical and mental fitness, and by private laboratory of psychology, as for the psychological evaluation, for applicants or drivers in Group 2. 2 – The reviews referred to in the preceding paragraph shall apply minimum standards for the physical and psychological fitness, laid down in annexes I and II to the regulation. 3 – entities which, at the date of entry into force of this regulation, provide training and conduct examinations for obtaining special permit from driving mopeds, have one year to comply with the provisions of the Regulation.



9 4-the holder of a driving licence valid for vehicles of category B, without the endorsement of the mention «Group 2», obtained before July 20 1998 practising driving ambulances, Fire Department vehicles, patients and school transport, and passenger cars a car, must, within two years from the date of entry into force of this Decree-Law , undergo medical and psychological assessment required by Regulation. Article 6 the following shall be repealed: the set Standard) article 8 and annex III of Decree-Law No. 45/2005, of February 23, amended by Decree-Law No. 103/2005, of 24 June; b) articles 1 and 5 to 8 of Decree-Law No. 209/98, of 11 of July, amended by law No. 21/99, of 21 April and by decree-laws Nos. 315/99, of 11 August and 570/99, of December 24; c) the ministerial order No. 915/95, of 19 July. Article 7 entry into force 1-this decree-law shall enter into force 90 days after its publication.

10 2-required regulations for the proper implementation of the Regulation of Legal Clearance to conduct approved by this decree-law, approved by ministerial orders of the Ministers of public works, transport and communications and health, within 90 days of the entry into force of the said regulation.

Seen and approved by the Council of Ministers, the Prime Minister, the Minister of agriculture, Rural development and fisheries the Minister of public works, transport and communications, the Minister of health Annex 11 (referred to in article 1) REGULATION of LEGAL CLEARANCE to CONDUCT Chapter 1 physical fitness, mental and psychological Classification and assessment section I of drivers and of drivers article 1 classification of drivers for the purpose of assessing the physical fitness , mental and psychological, referred to in paragraph b) of paragraph 1 of article 126 of the highway code, approved by Decree-Law No. 114/94, of 3 may, and in this regulation, applicants for driver and drivers, are classified in one of the following groups: Group 1): applicants or drivers of vehicles of categories A, B, B + and subcategories A1 and B1 and mopeds , motorcycles with a cylinder capacity not exceeding 50 cm3 and agricultural vehicles, with the exception of the cultivators; b) Group 2: applicants or drivers of vehicles of categories C, C + E, D, D + E, subcategories C1, C1 + E, D1 and D1 + E, as well as the drivers of categories B and B + E engaged in driving ambulances, Fire Department vehicles, patient transport, school transport and passenger cars.



12 article 2 Scope of the classification the classification established in the preceding article is still applicable to holders of licence and driving license, when the revalidation of their titles. Article 3 evaluation of physical, mental and psychological fitness 1-the assessment of physical fitness, mental and psychological hurts candidates for obtaining or renewal of driving licences is carried out by medical and psychological evaluation centers (CAMP), by the Office of mobility and land transport, I. P (DMV, I. P.) and the dependent services of the Ministry of health, in accordance with the following : a) For CAMP, the regular assessment of physical fitness, mental and psychological; (b)) by the dependent services of the Ministry of health, with regard to the physical and mental fitness, and the DMV, I. P., with regard to the psychological tests when required on appeal the outcome of ' Unfit ' retrieved from CAMP; c) by the DMV, I. P., in the cases provided for in this regulation. 2-The candidate or group 1 drivers undergo medical evaluation, to check their physical and mental fitness, and psychological assessment whenever recommended in medical evaluation or determined by judicial or administrative decision. 3 – applicants or drivers in Group 2 are undergoing medical and psychological evaluation.

13 4-applicants or drivers in Group 1, sent undergo psychological examination as well as the 2:00 pm group that evaluation is required can only be regarded as ' Fit ' after approval in two evaluations. Section II medical and psychological evaluation centers article 4 1 of the concession agreement Regime – the exploration of the medical and psychological evaluation centers (CAMP) is governed by the public service concession contract to be concluded between the State, represented by the DMV, I. P., and by the Directorate-General of health (DGS) as grantor and concessionaire. 2-the grant gives the dealer the right to exploitation of a CAMP for the purposes and with the limits established in the contract, in obedience to the principles enshrined in the general law, in this regulation and other provisions in the field of medical and psychological evaluation. 3 – the DMV, I. P., and the DGS, allowed to celebrate in the name and representation of the State, the concession contract have, in relation to the dealer, supervisory, managerial powers, of authorisation, approval and suspension of acts carried out by him. 4-the powers of the grantor in the area of public works, transport and communications are exercised by the DMV, I. P., being the responsibility of DGS the relating to the physical and mental assessment area. 5-the grant lasts that is specified in the concession contract, which shall not exceed 5 years, being automatically renewed for equal periods, if it is not denounced six months before its expiry.


14 6-the prices to be charged by the dealer users are approved by the grantor and must bear the relevant contract. 7-the operator can perform acts of medical and psychological assessment for purposes other than those provided for in this regulation, provided that they do not undermine the pursuit of its parent object. 8 – The concession contracts governed by this regulation and, in the alternative, by the public procurement code, approved by Decree-Law No. 18/2008, of 29 January. Article 5 minimum requirements 1-The CAMP must have a director, holder of Bachelor degree in medicine or psychology, to which competes the coordination and direction of the Centre technique and sealed the same function in more than one. 2-the staff of the CAMP must, at least, include: a) A specialist in ophthalmology; b) A doctor for the implementation of the global assessment of the candidates ' health or drivers; c) a psychologist; d) an element for secretarial support. 3-The professionals who make up the framework of a CAMP can accumulate activity in more than one centre, from which the schedule is compatible. 4 – doctors and psychologists referred to in (a)) c) of paragraph 2, it is for evaluate applicants or drivers in accordance with the legal provisions, regulations and techniques governing the activity of evaluation of physical, mental and psychological fitness.

15 5-by order of the Ministers of public works, transport and communications and health are laid down the minimum requirements of premises, the required equipment, its characteristics and conditions of electronic data transmission. Article 6 1 Impediments-Are prevented from the exercise of the medical and psychological assessment activity, provided for in this Regulation: a) the entity holder of driving school permit, as well as the related, partners, managers or directors; (b)) the director, Deputy Director, instructor or person who performs any other function, free of charge or against payment, in driving school; c) the holder of any entity authorized to perform organ driving test; d) the driving examiner or person who performs any other function, free of charge or against payment, in driving test centre; and) the agent or employee of any of the entities of tutelage to carry out surveillance of compliance with the provisions of this regulation; f) doctors and psychologists serving on the services provided for in Decree-Law No 81/2009 and 82/2009, both from April 2. 2 – the incompatibilities regime laid down in paragraph 1 is extended to applications to the concession contract of CAMP, presented individually or collectively, where the candidate is covered by any of the causes of exclusion referred to in the preceding paragraph or integrate partners or associates for them covered.

contractual Penalties in article 7 1 16-in the concession agreement are provisions for financial penalties and accessory to be applied to the dealer by the non-compliance with the obligations it assumed. 2-the application of the sanctions the DGS and the President of the Governing Board of the DMV, I. P., depending on their competencies. 3-the penalty imposed is communicated in writing to the other party. SECTION III medical and psychological Examinations of medical assessment subsection I article 8 1 – medical examinations the medical examination is designed to assess the physical and mental conditions of applicants or drivers in accordance with Annex I to this Regulation, which is an integral part. 2-drivers aged 70 years or more who wish to revalidate your driving title must present at the CAMP where carrying out the medical evaluation, medical assistant's report, which included detailed information about their clinical background, including cardiovascular disease and diabetes, neurological and psychiatric disorders. 3 – The CAMP doctors can ask the examinees complementary examinations and diagnostic advice of any medical specialty or psychological examination may deem necessary in order to substantiate its decision.

17 4-for the purposes of the preceding paragraph, the process is suspended for a period of 90 working days, during which the examinee must obtain and submit the evidence requested. 5-after this period without submission of the reports of additional diagnostic tests, the case is filed. 6-in the case referred to in the preceding paragraph, the CAMP must notify the health region of the area of its implementation and the DMV, i. p., filing process, as well as of the required examinations. Article 9 other tests 1-any doctor who, in the course of their clinical activity, detect driver suffering from illness or disability, chronic or progressive, or present psychological Forum disturbances, which may affect driving safety, must notify the fact to the health authority in the area of residence of the driver, in the form of reasoned and confidential clinical report. 2 – the health authority notifies the driver to, on the date and time designated, if present in the CAMP closest to your area or in its delegation, if there is still a CAMP operating in the area, in order to be subjected to physical and/or psychological reports on the Centre of this notification. 3-If the driver does not attend and did not justify his absence, CAMP or the health authority must inform the IMTT, i. p., of the fact that, within ten working days.

18 subsection II Tests of psychological assessment psychological Exams the article 10 psychological exam is designed to assess the perceptive-cognitive, psychomotor areas and relevant psychosocial for driving or likely to influence their performance, in accordance with annex II to this regulation, which is an integral part. Article 11 Submission psychological examinations Without prejudice to paragraphs 1 and 2 of article 3, are also subjected to psychological examination applicants or drivers of any category or subcategory: vehicle) Whose examination has been determined pursuant to paragraphs 1 and 5 of article 129 of the rules of the road; b) For reclassification of drivers of public administration, pursuant to Decree-Law No. 381/89, of 28 October; c) Whose title has expired in accordance with subparagraph (a)) of paragraph 1 of article 130 of the highway code. Article 12 Jurisdiction for conducting psychological exams 1-psychological exams are conducted by the DMV, I. P., or CAMP, in accordance with the following paragraphs. 2-takes place at the DMV, I. P.,: a) referred to in (a)) and (b)) of the preceding article;

19 b) Of driver candidates who have been holding letter or driving licence revoked pursuant to paragraph 7 of article 101 of the Penal Code or of article 148 of the highway code; c) of candidates or drivers considered ' Unfit ' in the examination carried out in a CAMP and to use. 3 – Are carried out in CAMP candidates exams or conductors: the) Group 2; b) Group 1, pursuant to paragraph 2 of article 3; c) Requested under paragraph 3 of article 8; d) Determined under subparagraph (c)) of the preceding article. 4-With the knowledge of the psychological exam disapproval, the CAMP must send to the DMV, I. P., for the purpose of examining the examination provided for submission in subparagraph (c)) of paragraph 2, the evaluation report, as well as all elements which motivated the decision. 5-psychological examination performed by the DMV, I. P., whose result is «Failed», no appeal shall lie. 6 – where the causes of the psychological exam disapproval are directly related to the matters set out in one or more modules of the training set out in annex III to this regulation, which is an integral part, it is only possible to submission to new psychological examination after the frequency of those modules. Article 13 the evaluation methodology and criteria 1-the methodology and criteria of psychological assessment are set out in annex II, applying: 20 a) table I, prospective drivers of Group 2; b) table II, to applicants or drivers in Group 1, to undergo psychological examination and warrants to drivers of Group 2 at the time of renewal of its title; (c)) the assessment carried out in accordance with the preceding paragraph shall be completed with the methods listed in table I, where necessary, taking into account the doubts which the examination. 2-the candidate is approved or evaluated in accordance with subparagraph (a)) of the preceding paragraph, that gets into all the factors above result of minus one standard deviation ( -1 ). 3-candidate is approved or evaluated pursuant to points (a) (b)) and c) of paragraph 1, which obtain in each area overall result above minus one standard deviation ( -1 ). Article 14 grounds for disapproval 1 – is failed psychological examination the examinee that for skills and competences listed in annex II, report serious deficit: the perceptive-cognitive) in the area, in particular processes: (i) Intellectual/cognitive); II) Attention; III) perception; IV) memory. b) On psychomotor functions, namely in the area: i) motor skills;


21 ii) coordination; III) ability to react. 2-Notwithstanding the provisions of paragraph 1, are further causes of disapproval in the psychosocial area: severe personality Dysfunction); b) Manifestations psicopatológicas; c) emotional instability manifested; d) Aggression, impulsivity, irritability or explosive type; and) anti-social behaviour; f) behaviors that translate unsuited and/or attitudes to risk in the face of traffic safety; g) behaviors that reveal a tendency to abuse of alcoholic beverages or showing difficulty in decoupling your car driving consumption; h) behaviors that reveal a tendency to abuse psychotropic substances or showing difficulty in decoupling your car driving consumption. 3-for the purposes of paragraph 1, serious deficit reduction of skills and competences in any of the areas listed in annex II, which may determine the decrease of efficiency or safety in the driving of vehicles for which they are intended. Article 15 new labs 1-the applicant or driver may be deemed unfit: a) When the disability is due to disapproval on medical evaluation, to a medical board, constituted for this purpose in the area of health of area of residence of the applicant, whose composition, powers and functioning are approved by order of the Minister of health;

22 (b)) When the disability is due to fail the psychological exam to the DMV, I. P. 2-in the cases referred to in the preceding paragraph, the medical board or the DMV, I. P., respectively, shall notify the applicant to appear on the date and place designated. 3 – If the applicant does not report to the medical assessment and don't justify the absence by reason of consideration, the Board considered a doctor must inform the IMTT, i. p., within 10 working days. 4-the Medical Board referred to in (a)) of paragraph 1 may request additional tests and opinions of any medical or psychological examination specialty where the considers necessary to substantiate its decision. 5-the applicant or drivers who have failed by highlight dependence on psychotropic substances or alcoholic beverages, shall be subjected to medical treatment of the specialty and in the end, doctor of Psychiatry report detailed, about the effectiveness of the treatment which shall certify the abstinence for at least six months. 6-in possession of the report referred to in the preceding paragraph, can the applicant apply for new medical and psychological examination by the entity that carried out the assessment. 7-the examinee failed in medical or psychological examination conducted respectively by medical board or the DMV, i. p., may, after six months on the disapproval, or within his limit, require the submission to new medical or psychological examination along those 8 entities – where the examinee, failed by the CAMP, has been approved by medical board or at DMV , I. p., for these entities to issue certificate of medical and psychological evaluation. 9 – the result of medical or psychological examination held on appeal, shall be sent to the CAMP that failed the candidate in the first evaluation.

23 subsection III article 16 review certificate the certificate of assessment 1-the medical and psychological assessment certificate, is issued by the director of the CAMP with the mention of: the ' Fit ') when the result of the medical examination and psychological examination, where required, be ' Approved ' and with indication of the restrictions imposed, if any; b) ' Unfit ', specifying that the disability is the result of disapproval in the medical exam, psychological exam, or both, and their causes. 2 – the certificate is delivered to the examined, within 48 hours after the end of the evaluation. 3 – the director of the CAMP must file a copy of the certificate in the appropriate process when the result is ' Fit ' and must inform the IMTT, i. p., within 48 hours, when is ' Unfit ' or ' Fit ' with restrictions. 4-the learner must be requested within six months from the date of issue of the certificate of evaluation with mention of ' Fit ', after which the certificate loses validity. Article 17 – 1 candidate Endorsements or the driver in category B that has required the Group 2 and whose physical, mental or psychological limitations do not allow it to belong to that group, you can be approved for the Group 1, and should be included in the evaluation certificate, the mention of ' unfit for Group 2».

24 2 – In license of category B, should be mentioned the words ' Group 2 ', followed by the indication of the expiry date, whenever the certificate of evaluation from the candidate or the record «fit for the Group 2». 3 – where a moped or motorcycle driver of a cylinder capacity not exceeding 50 cm3 pay exam in three-wheeled vehicle, must be recorded in the respective license indicating ' Restricted to the driving of vehicles with three wheels». CHAPTER II Technical Aptitude section I driving test article 18 admission to driving test 1-Are admitted to driving test subjects who meet the requirements laid down in (a)) d) and f) of paragraph 1 of article 126 of the highway code. 2 – admission the driving test should be proposed for traffic school, except for candidates to enable the: a) licence for category B + E; b) driving licence categories C and C + E and subcategories C1, C1 + e, proposed by recognized entity in which they have attended, with recovery, the training course referred to in point (c)) of paragraph 2 of article 126 of the code of the road;

25 c) the driving licence categories D and D + E and subcategories D1, D1 + E, proposed by public transport company in heavy passenger vehicles on which they have attended, with exploitation, appropriate training course, taught in accordance with DMV-approved program, I. P., provided that they have employment with that company; d) license of agricultural vehicles of categories I, II and III that have attended course suitable in professional training centre recognized for this purpose by the DMV, I. P.; e) driving licence of mopeds. 3 – are also exempted from proposal examination for applicants for driving school exam: a) holders of foreign driving license, whose replacement with identical national title is not authorised, in accordance with article 128 of the highway code; b) holders of driving title whose shelf life has expired for more than two years, without renewal, in accordance with subparagraph (a)) of paragraph 2 of article 130 of the highway code; c) holders of driving title lapsed for disapproval on medical or psychological assessment, in accordance with point (b)) of paragraph 2 of article 130 of the highway code after obtaining approval that evaluation; d) holders of driving licence issued by military and security forces that have not required their equivalence to a driver's license pursuant to this law.



26 article 19 application for exam 1-marking the examination marking request for obtaining a driver's license must be presented by the driving school, by means of the candidate's choice:) in the center of the DMV, i. p.: (i) dependent on the regional Directorate of mobility and transport with competence in the area of jurisdiction in which the driving school is located; or (ii) closest to the location of the driving school, even if situated in the area of jurisdiction of another regional Directorate of mobility and transport. b) private centre of tests located: (i) in the same school district. or (ii) in the neighbouring district closest to the location of the driving school, since the exam Center and the driving school to integrate in the area of jurisdiction of the same regional Directorate of mobility and transport; (iii) in the neighbouring district of the location of the driving school, even if it is outside the jurisdiction of the regional Directorate of mobility and transport in that it integrates, since that's closer than referred to in (a) above. 2-When the request for examination marking is presented by the candidate himself this must: a) Display identification document in accordance with the legislation in force and document attesting the legal domicile or professional, when not matched with the constant residence identification document;


27 b) Join certificate medical and psychological evaluation. Article 20 marking of examination application for obtaining driving license 1-the application for examination marking for obtaining driving license of proposed candidate for driving school or presented by the candidate is made in the competent service of the DMV, I. P., in accordance with subparagraph (a)) of paragraph 1 of the preceding article, and may also be presented in private when Center is intended to be examined for obtaining driving license of agricultural vehicles categories II and III. 2 – applications for marking of the examinations referred to in this article shall be presented with observance of the provisions of the previous article. Article 21 1 examination – Marking the exam Center, public or private, as well as the entities authorised to carry out examinations for obtaining driving titles, should set the day, time and place of the examination, the candidate may not require this is done elsewhere, after that appointment. 2 – The proof that compose the driving test are provided in the same exam Center, public or private, except if the applicant proves that changed their residence or permanent professional domicile. 3-private examinations Centre shall communicate to the competent service of the DMV, I. P., marked exam, up to five working days prior to its implementation. 4-the competent service of the DMV, i. p., validates and informs the private tests Center markings made and accepted. 5 – private centres may only perform the evidence validated and accepted by the competent service of the DMV, I. P.

28 6 – authorised to conduct examinations for obtaining driving licenses of agricultural vehicles are exempted from the obligation referred to in paragraph 3. Article 22 Composition of exams for obtaining driving license 1-the exam for obtaining driving license of moped and motorcycle having a cylinder capacity not exceeding 50 cm3 of a theoretical test and a test of skills and behaviour held in vehicle of category to which the candidate intends to claim. 2-The syllabus the characteristics of the vehicles, the means of evaluation and the duration of the tests referred to in the preceding paragraph, shall be fixed by order of the Minister of public works, transport and communications. 3-the exam for obtaining driving license of agricultural vehicles of class I consists of a test of skills and behaviour carried out in one of those vehicles, accompanied by oral interrogation rules and traffic signs and knowledge about prevention of accidents. 4-the exam for obtaining driving license of agricultural vehicles of categories II and III is preceded by training course and consists of a theoretical test and a test of skills and behaviour. 5 – are exempted from carrying out theoretical proof for obtaining driving license of agricultural vehicles driving licence holders. 6-The syllabus, evaluation and the duration of the tests referred to in paragraphs 3 and 4, shall be laid down by order of Ministers of agriculture, Rural Development and fisheries and of public works, transport and communications and health.

29 Article 23 Fouls, interruptions and annulment of evidence 1-tests of components shortages driving test are not justified and the applicant asking for new markup within the period of validity of the learner, upon payment of the corresponding fee. 2 – if any evidence of the test is interrupted by unforeseeable circumstances or force majeure, is marked date for their repetition, without payment of a new rate. 3-without prejudice to any criminal proceedings, are considered null, with loss of fees paid, the examinations provided by candidates who: are prohibited from driving); b) Have provided false statements or submitted false documents or addicts; c) If they did replace it with another person or any other fraud practiced on completion of exam. SECTION II special examination of driving article 24 submission to special driving exam 1-the driving test referred to in paragraphs 1 and 5 of article 129 of the rules of the road, as well as the special examination referred to in paragraph 3 of article 130, are composed of a theoretical test and a test of skills and behaviour or just the last of this evidence. 2-are subject to special driving exam, consisting of theoretical and proof evidence of skills and behaviour, the conductors: 30 a) whose driving titles have expired earlier than three years after the date of the first license; b) whose driving titles have been suspended in accordance with article 148 of the highway code or pursuant to paragraph 7 of article 101 of the Penal Code. 3-are subject to special examination restricted to the test of skills and behaviour: the seekers) holders of driving titles, whose shelf life has expired for more than two years; b) after approval in medical or psychological assessment required for the revalidation of the driving title, determined by the health authority or pursuant to paragraph 1 of article 129 of the rules of the road, whenever there elapsed more than two years over the period of revalidation or determination. Article 25 admission and completion of the special examination of driving 1-admission to the examinations referred to in the preceding article depends on the presentation of a certificate of medical or psychological assessment and with the mention of ' Fit ', issued less than six months. 2 – admission to the special driving test referred to in (a)) of paragraph 2 of the preceding article depends on yet: a) Frequency, successfully, the action of road safety training, lasting 30 hours, given in accordance with the programme set out in annex III to this regulation, which is an integral part; b) specific training course the candidate driver, according to the program and conditions laid down by order of the Minister of public works, transport and communications.

31 3-admission to the special driving test referred to in point (b)) of paragraph 2 of the preceding article depends on the frequency of road safety training corresponding to the programme set out in annex III, on the modules I, II and the module that focuses on the aspects that prompted the revocation of the driving title. 4-special examinations are conducted by the DMV driving, i. p. Article 26 composition and duration of the special examination of driving 1-exam tests should incorporate matters relating to behaviors and attitudes that were at the origin of the expiry of the title, with its syllabus approved by order of the Minister of public works, transport and communications. 2 – The proof of skills and behaviour of the special examination have the duration of 45 minutes. 3-the candidate who fail in exams special licences may require, for once, their repetition, DMV, i. p., within 30 working days of the date of disapproval, with exemption from the provisions of paragraphs 2 and 3 of the previous article. 4-The examinees referred to in paragraph 2 of article 24 that fail it twice on the test of skills and behaviour of the special examination can only obtain new driving title after training frequency and filing to examination by driving school.



32 article 27 training of road safety 1 – training of road safety referred to in (a)) of paragraph 2 of article 25, is provided by the DMV, I. P., or, under its authorization, by a legal person that has licensed trainers in psychology with experience of at least one year, skills training and behavior change in the area of road safety proven by presentation of the curriculum vitae, certificates of academic qualifications and professional fitness trainer certificate. 2-the authorisation granted in accordance with the provisions of the preceding paragraph shall be valid for a period of five years. 3 – When granted on the basis of false declarations, documents or unverified assumptions, the authorization is revoked, regardless of the criminal proceedings to which any place. 4-authorized entities must submit to DMV, i. p., annually and with the advance of 30 days after its inception, the approval of the training plan, which shall include the following: the applicant entity and identification) indication of the trainers; b) start date, duration, opening hours and location of training courses. 5 – the same entities must also: a) dispensing training in line with the contents and methodologies of the training programme set out in annex III; b) Own classrooms with capacity for 12 seniors and appropriate equipment to the syllabus of the course to develop, including audiovisual media;


33 c) Communicate to the DMV, I. P., with the advance of five working days, the beginning of each training and the identification of trainees; d) Possess a record of how often and harnessing each form, which should be available for the purposes of supervision and be maintained on file for a period of 5 years; and) Possess liability insurance which covers the risks inherent in the training course. Chapter III section I driving securities Issuance of license article 28 1 learning license-driving motor vehicles on the public highway, in accordance with paragraph 2 of Rule 121 of the highway code, depends on the ownership of learner. 2-the learner's permit is issued by the DMV, I. P., at the request of the person concerned. 3-the procedures for the issuance of learner's permit shall be fixed by the DMV, I. P. 4-the provisions of paragraphs 1 and 2 shall not apply to the learning of agricultural vehicles driving. 5 – the student of agricultural vehicles shall carry, during learning, registration document in driving school or entity recognised for the effect.

Article 29 34 Cards and driving licences 1-approved candidates in driving test is issued its letter or driving license. 2 – holders of certificates issued by the armed forces and security forces, valid for driving vehicles of categories identical to those referred to in paragraphs 1 and 2 of article 123 of the code of the road belonging to those forces can, since your getting and even two years later of graduates, have lower service, passing the reserve or retirement , apply to the DMV, I. P., license valid for the corresponding categories, on presentation of a copy of such a certificate, identification document, two photographs and the certificate of medical and psychological evaluation. Article 30 special driving Licenses 1-Special driving licenses laid down in (a)) of paragraph 1 of article 125 of the highway code are issued in favour of: the members of the diplomatic corps) and career consuls accredited to the Portuguese Government and members of the administrative and technical staff of foreign mission, other than Portuguese or have permanent residence in Portugal; b) members of foreign military missions accredited in Portugal; c) Spouses and descendants in 1st grade in the straight line of the members referred to above, provided that they are foreigners, with they reside and this is provided for in the applicable agreement or Convention.

35 2-licences referred to in the preceding paragraph are required through the ministries of Foreign Affairs or national defence request to mention the full name of the applicant, the position held and domiciled in Portugal as well as being accompanied by photocopy of foreign driving license certified by the competent departments of the requesting agency. 3-in the case of spouse or descendants of mission element must be indicated the Office for he played. 4-special driving licenses are issued only for driving vehicles of categories A, B and B + E and subcategory A1 and B1, should refer to the title of foreign driving which justified their issue and be with him displayed whenever requested by the supervisory authorities. 5-at the end of their mission in Portugal, the holder of the licence must return it to the ministries of Foreign Affairs or Defence, as the case may be, that should refer to the DMV, I. P., for cancellation. Article 31 special Licenses for driving mopeds 1 – can be issued by the DMV, I. P., special licenses for driving mopeds to individuals, aged not less than 14 years who have not completed 16 years which meet the following conditions: a) are approved in exam, after special training action frequency given by legal person authorised for the purpose by DMV , I. P.; b) Present authorization by the person exercising parental authority, approved by order of the President of the Governing Board of the DMV, i. p., with narrative full birth certificate of the applicant; c) Present certificate of medical and psychological assessment;

36 d) Present certificate confirming the school often, at least, the 7th year of compulsory education, with exploitation in the previous school year. 2 – the examination referred to in point (a)) of the preceding paragraph shall be made by the entity authorized to deliver training. 3-for the purposes of the preceding paragraphs, the granting of the authorisation, the special training actions and the programmatic content, assessment and duration of the examination, shall be fixed by order of the Minister of public works, transport and communications. 4-the license is cancelled by the DMV, I. P., where it is found that the proprietor has engaged in road traffic offence or crime punished with ban or accessory penalty of driving disqualifications. 5-for the purposes of the preceding paragraph, should the license be seized by officer of authority that witness the practice of infringement and be posted to the DMV, I. P., with issuance of replacement guide valid for a period of 60 working days. 6 – driving licences referred to in paragraph 1 shall expire when the holder account 16 years. 7 – 60 working days following the expiry of the title, may be required, in the service of the DMV, I. P., the area of their residence, the issuance of driver's license of mopeds, with examination waiver. 8-the application referred to in the preceding paragraph must be instructed with the special leave of license lapsed, photocopy of identity card, certificate of medical and psychological assessment, authorisation of the person exercising parental authority and two photos. 9-the title lapsed shall be filed in the personal file of the driver.

37 10-the entity authorized to provide special training and action to perform the examination which infringes the provisions concerning the grant of authorization of training, its contents or the means of assessment and duration of examination evidence, is sanctioned with a fine of € 8 500 € 42 500. Article 32 special Driving Permits in accordance with the terms and conditions to be fixed by order of the President of the Governing Board of the DMV, I. P., can be granted a permit to drive in national territory for a period not exceeding 185 days per calendar year and within the period of validity of its title, the foreigners not domiciled in Portugal, enabled with title licence issued by country in which cannot legally lead the Portuguese driving licence holders. SECTION II replacement, endorsement and registration of driving titles article 33 replacement of driving titles 1-drivers with valid driving licence issued by a Member State of the European economic area, residing in national territory, may require to be replaced by Portuguese driving licence for categories or subcategories of vehicles for which they are enabled Since you are not serving a measure of restriction, suspension, withdrawal or cancellation of the right to drive, imposed by another Member State.

38 2-for the purposes of replacement, the applicant shall provide the definitive driving title approved by the issuing country, and legal document of valid personal identification as well as medical and psychological review certificate in accordance with the categories or subcategories of vehicles for which is enabled and two photos. 3-In case of loss or theft of the foreign title, the replacement is made upon presentation of a certificate or duplicate title issued by the competent national authority accompanied by the documents referred to in paragraph 2. 4-the title's license issued by another Member State of the European economic area apprehended for breach of the Criminal Code or the code of the road, can only be overridden by national driving licence after complying with the period of prohibition or driving disqualifications determined. 5-the title holder's license revoked, application of foreign national law relating to crime or administrative offense, can only get Portuguese driving licence, after compliance with the period of forfeiture and of the obligations imposed in this regulation to nationals in similar circumstances to obtain new title. 6-driving titles seized, revoked or replaced are returned to the issuing authority with specification of the reasons of the consignment and the number and date of issuance of the letter which is Portuguese were replaced, whenever applicable. 7-The license granted for replacement as well as any subsequent replacement or renewal, shall be registered the title number abroad that gave rise and the issuing State.

39


8-The title holder of valid driving licence issued by a Member State of the European economic area, to transfer his residence to the national territory, shall apply the national provisions on validity and medical or psychological control, whenever your title's license is subject to replacement. 9-are not recognized, to drive in the national territory, driving licences issued by a Member State of the European economic area during the period in which the holder is serving time of ban or driving disqualifications imposed by Portuguese or foreign authority that there is knowledge. Article 34 numbering of titles 1 driving-driving licenses should be numbered sequentially by the DMV, i. p., issuer, being preceded by the number of service identifiers alphabetic digits. 2-digit alphabetic characters referred to in the preceding paragraph are set out in the table in annex IV to this regulation, which is an integral part. 3 – driving licences must have sequential numbering itself, being the number preceded by the letter L and digit alphabetic DMV service identifiers, i. p. transmitter.



40 CHAPTER IV supervision and sanctions article 35 Supervision Scheme 1-the provisions of this Regulation shall: a) to the DMV, I. P., provisions relating to: (i) psychological Tests, including facilities and equipment of the CAMP; (ii) road safety training and special training actions. (b)) to the General Inspectorate of Health Activities, with regard to provisions on the activities of the CAMP, relating to: (i) medical examination, (ii) operating conditions, facilities and equipment. 2-as regards the public service concession contract, the licensor may supervise compliance with laws, regulations, and applicable technical instructions, as well as compliance with the terms of the concession contract, wherever the dealer carries on its activity, and may demand the information and documents that it considers necessary. 3-supervisory personnel offers free access in the performance of their duties, all information, equipment and facilities of the dealership.



Article 36 41 administrative offences 1-Constitute breaches of this regulation the following offenses: a) non-compliance with paragraph 4 of article 5, sanctioned with fine of € 3 000 to € 15 000 and with the accessory sanction of prohibition of exercise of activity at CAMP, for a period of one month to one year; b) failure to comply with the provisions of paragraph 3 of article 16, sanctioned with a fine of € 100 to € 500, apply to the director of the CAMP; c) failure to comply with the provisions of paragraph 5 of article 27, sanctioned with fine of € 8 500 € 42 500; d) driving of vehicle 2 group, referred to in article 1 (b)), to carrying a valid driving licence for the category of vehicle you drive, but with that endorsement, is sanctioned with a fine of € 500 to € 2 500 and with the accessory penalty of driving disqualifications for a period of one month to one year; e) driving mopeds or motorcycles with a cylinder capacity not exceeding 50 cm3, by licence holder that do not enable to drive vehicles of category or subcategory A1, sanctioned with fine of € 120 to € 600; f) driving mopeds or motorcycles with a cylinder capacity not exceeding 50 cm3, for driving license holder of agricultural vehicles culminating with fine of € 120 to € 600; g) agricultural driving for driving license holder of mopeds and motorcycles with a cylinder capacity not exceeding 50 cm3, sanctioned with fine of € 120 to € 600.

42 2 – the processing of administrative offences provided for in point (a)) paragraph 1 falls within the competence of the General Inspectorate of Health Activities and the implementation of their penalty is within the competence of the Directorate-General of health. 3-the processing of administrative offences provided for in paragraph 1 (b)) g) of paragraph 1 is the responsibility of the DMV, I. P., and the application of their feathers, of its Governing Board. 4-the attempt and negligence are punishable, being, in this case, halved the minimum and maximum limits referred to in the preceding paragraph. Article 37 Product of fines 1-revenue from the application of the fines the DMV, I. P., are distributed as follows: the 60%) reverts to the DMV, I. P.; b) 40% reverts to the State. 2-revenue from the application of fines within the competence of the Directorate-General of Health are distributed as follows: 50%) reverts to the General Inspectorate of Health Activities; b) 40% reverts to the State c) 10% to the Directorate-General of health.



Chapter V other provisions Article 43 38 Titles of farm tractor driving titles of agricultural tractors obtained before July 20 1998 match, their holders, enabling to conduct agricultural vehicles of any category. Article 39 1 Models – By joint decree of the President of the Governing Board of the DMV, I. P., and the Director General of health are approved and the content models: a) medical and psychological assessment certificate and its application; b) medical examination of applicants or drivers; (c) psychological Examination of candidates) or drivers. 2-By order of the President of the Governing Board of the DMV, I. P., are laid down: models a) learner's permit; b) driving licence; c) special license driving mopeds; d) special license. e) special permit. f) application for examination; g) application for issue of driving title.

44 3-The orders referred to in paragraphs 1 and 2 may set conditions for the electronic transmission of data, authenticity and certification of proof of receipt of documents.

45 annex I MINIMUM STANDARDS concerning the PHYSICAL APTITUDE for driving A MOTOR vehicle (referred to in article 8 of Regulation) 1. -VISION 1.1. -Visual acuity conditions Table: Drivers of Group 1 group 2 Drivers binocular visual acuity, with or without correction, of 0.5 (5/10). The minimum visual acuity in the "worst eye", with corrective lenses if necessary, may not be less than 0.2 (2/10). Minimum visual acuity with or without correction, of 0.8 (8/10) in the better eye and 0.5 (5/10) in the worse eye. If these values are reached with corrective lenses the uncorrected vision reaches at least 0.05 (0.5/10) in each of the eyes. The power of the lenses may not exceed plus or minus 4 dioptres and correction must be well tolerated. 1.2.-restrictions-if necessary the use of corrective lenses (glasses or contact lenses), to achieve the minimum visual acuity values, must impose its use while driving as a constraint. 1.2.1-the use of the lenses must be well tolerated. 1.2.. 2-The intraocular lenses are not considered as corrective lenses.

46 1.3. Monocular-vision-mono visual all the individual who has an anatomical loss of one eye or who have a visual acuity in one eye greater than 0.1 (1/10). 1.3.1.1.-monocular vision conditions Table: Group 1 Drivers Drivers of Group 2 the visual acuity of the eye "useful", with or without correction, may not be less than 0.8 (8/10). Should get favorable information ophthalmologist of stating that this situation occurs for more than three months, that (the) interested (the) is perfectly suited (the) to the same, that the visual acuity of the eye "useful" is equal or higher than 8/10, the visual field and the twilight eye vision "useful" are normal and that depth perception and evaluation of the distances is compatible with driving. Unable to conduct 1.3.2. -Restrictions-without prejudice to the provisions of the preceding paragraph shall be imposed the following constraints: the) speed not exceeding 100 km/h on motorways, the 90 Km/h on roads reserved for cars and motorcycles and 80 km/h on other roads; b) exterior rear-view mirror mounted on the guarda–lamas on the right side (left); c) exterior rear-view mirror on the right side (left); d) panoramic interior rear-view mirror; e) windscreen immovable.

1.3.2.1 47. -For drivers of category and subcategory A1 should impose, as an alternative, one of the following restrictions: the) use of protective eyewear; or b) use of helmet with visor. 1.3.2.2.-can still be imposed, inter alia, the following restrictions: the limited travel) conduct during the day; b) limited to a radius of _____ Kilometres of residence or only inside city/region. 1.3.3.-Revalidation-the preceding paragraphs shall not preclude the imposition of shorter periods of revalidation, determined by the need for the driver to undergo medical examinations. 1.4.-Diplopia 1.4.1. -Diplopia conditions Table: Conductors of the Group 1 group 2 Drivers are only permitted in exceptional cases, congenital or infantile forms and appear in 20 power plants of the visual field or cause any other symptoms, including visual fatigue. The "worst" eye occlusion places the (o) (o) candidate in monocular vision situation and apply the rules listed above. Must impose the following restrictions:

-Opaque Lens (right or left) or eye eye cover (right or left); and-unauthorized Driving on motorways. Unfit to drive.

1.4.2 48. -Validity-the validity of the title must not exceed three years. 1.5.-field of vision and peripheral vision 1.5.1. -Peripheral vision conditions Table: Group 1 Drivers Drivers of Group 2 the visual field in normal binocular vision and monocular vision, which may not be less than 120 in the horizontal plane, (50° right and left 20 top and bottom). The central visual field must be absolute or relative significant scotomas scotomas in retinal sensitivity. With the exception of the case of monocular vision, are not allowable adjustments in the vehicles or the imposition of restrictions on the driver. Must possess a normal binocular field of vision which may not be less than 160 in the horizontal plane (left and right 30 70 top and bottom). There can be no significant reduction of any of the meridians when evaluation of the Visual field of each eye separately. The central visual field must be absolute or relative significant scotomas scotomas in retinal sensitivity. Are not allowable adjustments in the vehicles or the imposition of restrictions on the driver.

1.6.-colour Vision 1.6.1. -Vision conditions Table of colors: Group 1 Drivers Drivers of Group 2 absence of achromatopsia. Absence of achromatopsia or protanopia.



49 1.7. -Twilight Vision, glare and light direction 1.7.1. -Twilight vision conditions Table, dazzling and luminous sense Drivers 1 group 2 twilight Vision Group Conductor, existence of hemeralopia or a decrease in the mesopic vision sharp and/or escotópica implies, at least, the constraint of limited driving the movements during the day. Unfit for driving. 1.8.-progressive ophthalmological 1.8.1. -If ophthalmic progressive disease is detected, the title of licences may be issued or revalidated for Group I subject to a regular eye exam that does not exceed a year. 1.9.-other situations 1.9.1. -Strabismus-is cause of disability for driving where the vision be affected beyond the prescribed by law or cause other changes, including eyestrain. 1.9.2.-palpebral-Motility is cause of disability for driving when there is eyelid or lagoftalmias ptoses, whenever the vision be affected beyond the prescribed by law or cause other changes, including eyestrain. 1.9.3.-Nystagmus-is cause of disability for driving where the vision be affected beyond the prescribed by law or cause other changes, including eyestrain. 2.-AUDITION 2.1. -Auditory Acuity-Emerging doubts about the hearing acuity should be a tone audiogram and, where appropriate, request medical opinion Ent.

2.1.1 50. -Restrictions, to achieve the minimum hearing acuity values provided for by law, is necessary the use of auditory prosthesis (s) (s), must impose as restriction for use while driving.

2.1.2.-table of hearing acuity conditions: Drivers of Group 1 group 2 Drivers is issued or revalidated driving title even when the average loss in the better ear, measured in the frequencies of 500 Hz, 1000 Hz, 2000 Hz and 4000 Hz, exceeds the 40 dB, since subject to correction with prosthesis. Profound deafness should be compensated, whenever possible, or cochlear implant prosthesis, being conditioned fitness the assent of Otolaryngologist. If these values are only achieved with the use of auditory prosthesis (s) (s), where appropriate, shall impose the following restrictions: the hearing aid for one ear; or the hearing aid for two ears; and the exterior rear-view mirror on the right side; the panoramic interior rear-view mirror, where applicable. Is issued or revalidated the driving title to the candidate of the Group 2, conditioning the assent of Otolaryngologist and when the average loss in the better ear, measured in the frequencies of 500 Hz, 1000 Hz, 2000 Hz and 4000 Hz, not more than 40 dB, since subject to correction with prosthesis. If these values are only achieved with the use of auditory prosthesis (s) (s), where appropriate shall impose the following restrictions: the hearing aid for one ear; or the hearing aid for two ears; and the exterior rear-view mirror on the right side; the panoramic interior rear-view mirror, where applicable.

51 3. -Members/LOCOMOTION DEVICE 3.1. -General aspects-the driving title is not issued or revalidated the applicants or drivers suffering from complaints or abnormalities of the locomotor system to compromise road safety. 3.1.1.-motor Disability-is issued or revalidated the driving title to the applicant or bearer of a physical handicap, with the restrictions imposed upon the opinion of specialty physician and must be indicated the type of adjustments to the vehicle, as well as the mention of use of Orthopedic appliance. 3.1.2.-without prejudice to the provisions of the preceding paragraph, where the development of existing lesions be predictable a worsening, can be imposed periods of revalidation shorter than the law, determined by the need for the driver to undergo periodic medical examinations. 3.1.3.-causes of unfitness for the Group 2 driving the disability resulting from injuries and/or deformities of the limbs or mobility device which causes functional impairment that compromises road safety. 3.1.4-3.1.5 particular aspects. -Inability of members and artificial limbs – Amputation or paralysis of a senior member allows the driving of motor vehicles, with the exception of motorcycles, the candidate or the Group 1. 3.1.5.1.-Amputation below the elbow, with the help of prosthesis allows driving vehicles other than motorcycles, the candidate driver or driver of Group 1. 3.1.5.2.-is allowed to drive motor vehicles or drivers: the candidate) which has the absence of up to three fingers on each hand, since the thumbs are intact and there is enough oponência, with prey, in each hand;

52 b) With Syndactyly or polydactyly on hands, as long as there is enough prey in each hand; c) With absence of toes; d) With amputation of one or both legs below the knees, since save all your muscle strength, the freedom of movement of the back, hip and knee joints and has well adjusted prosthesis, with the exception of motorcycles and candidate or Group 2 driver. 3.1.6.-spinal Disabilities 3.1.6.1. -Cervical vertebrae – is issued or revalidated driving title to the applicant or driver: a) Lost the mobility of the head and neck, as long as you can look over the shoulder and should be enforced the restriction of use of bilateral exterior rear-view mirrors; b) Have musculoskeletal problems of the cervical spine, with the imposition of the restriction of driving with power steering. 3.1.6.2.-Paraplegia-is unfit to drive who suffers from paraplegia, except for the Group 1, to which shall be imposed the restriction of the use of commands properly adapted. 4. CARDIOVASCULAR diseases 4.1. -General aspects-the driving title is not issued or revalidated the applicants or drivers suffering from complaints involving a sudden failure of the cardiovascular system, such as to cause a sudden change of functions celebrating. 4.2.-cardiovascular diseases-is issued or revalidated driving title by positive evaluation of physician cardiologist, whom: 53 Drivers of the Group 1 group 2 Drivers having suffered myocardial infarction; Is carrying a pacemaker; Suffering from blood pressure abnormalities; Has undergone coronary angioplasty or coronary artery bypass; Has valvulopatia, with or without surgical treatment; Suffering from mild or moderate heart failure vascular Malformations. Have a history of myocardial infarction, absence of angor, Holter test negative.

Suffering from hypertension, provided there is no organic and is medically controlled impact with no medication likely to affect driving. 4.3.-Revalidation-the driving title revalidation is imposed for periods not exceeding two years for the Group 1 and for period not exceeding one year for Group 2. 4.4.-Disability – is unfit to drive who serious arrhytmia, angina pectoris that manifest itself in home or on emotion and severe heart failure. 5.5.1-DIABETES MELLITUS-in the following paragraphs, it is considered "severe hypoglycemia" which requires assistance from another person and "recurrent hypoglycemia" the occurrence of a second episode of severe hypoglycemia in a period of 12 months.



54 conductors of the Group 1 group 2 Drivers is issued or revalidated driving title to those who suffer from diabetes mellitus on insulin or oral antidiabetic treatment upon presentation of report of the attending physician certifying the good metabolic control and the regular monitoring and certifying that the applicant has adequate therapeutic education and self-monitoring.


Is unfit to drive who present serious or recurrent hypoglycemia. Is issued or revalidated driving title to those who suffer from diabetes mellitus treated with oral antidiabetics upon presentation of report of the attending physician certifying the good metabolic control and the regular monitoring and certifying that the applicant has adequate therapeutic education and self-monitoring.

Is unfit to drive who suffer from diabetes mellitus treated with insulin, except in very exceptional cases duly justified by an opinion issued by diabetologist or endocrinologist attesting to the good metabolic control, with determination of blood glucose at least twice a day, attesting that the person concerned possesses the appropriate therapeutic education and self-monitoring and since there has been no episode of severe hypoglycemia in the 12 previous months.

5.2. Validity – the validity of the title should not exceed 5 years for the Group 1 and 3 years for the Group 2.



55 6. -NEUROLOGICAL DISEASES 6.1. -Serious neurological diseases – is unfit to lead the candidate or drivers suffering from a serious neurological disease, unless supported by medical opinion of specialty, in the cases of applicants or drivers in Group 1. 6.1.1.-epilepsy-inducing syndromes and disorders of consciousness – is issued or revalidated driving title to the candidate or Group 1 driver suffering from epilepsy, dizzying and syndromes of State of consciousness, if supported by medical opinion of the specialty and to prove there has been a crisis for at least two years. Is issued or revalidated the driving title to the candidate or Group 2 driver suffering from epilepsy, as long as it is, there are at least ten years, crisis-free and without specific therapy, if supported by medical opinion of specialty stating in particular epileptic activity does not exist in electroencefalográfico examination. 6.1.2.-Revalidation – without prejudice to the provisions of the preceding paragraph, where the evolution of neurological disorders is predictable a worsening, can be imposed periods of revalidation shorter than the law, determined by the need for the driver to undergo periodic medical examinations, which should not exceed two years. 7.-mental disorders 7.1. -Disability – is unable to conduct the candidate or drivers suffering from congenital or acquired mental disturbances, which translate appreciable reduction of mental capabilities, including mental retardation and serious disturbances of behavior, cognitive ability or personality, which may modify the judgment or that somehow involve decreased efficiency or safety in driving.

56 8. 8.1 alcohol. -Consumption of alcohol – is issued or revalidated the driving title to candidate or group 1 conductor who, having a history of dependence on alcohol, present detailed medical psychiatric report certifying the effectiveness of treatment and replenish abstinence for at least six months. 8.2.-is issued or revalidated driving title for the Group 2 who have a history of dependence on alcohol, except in very exceptional cases, by Psychiatry medical report attesting to the effectiveness of treatment and abstinence for at least a year, as well as the presentation of psychological report. 8.3.-Revalidation – without prejudice to the provisions of the preceding paragraph, may be imposed for periods shorter than the revalidation laid down by law, which shall not exceed two years and by submission to periodic medical examinations. 8.4.-Disability – is unable to conduct the candidate or drivers suffering from the syndrome of dependence on alcohol or you can't dissociate the consumption of alcohol. 9.-DRUGS and MEDICINES 9.1. -Disability – is unable to conduct the candidate or in a State of dependence on psychotropic substances or who although not dependent on the consume regularly. 9.2.-is unable to conduct the candidate or driver who regularly consume drugs or combinations of drugs which could compromise their ability to drive safely.

57 9.3. -The doctor who prescribe medicines which contain psychotropic or other substances that impair the exercise of driving, must take due account of the risks and dangers associated with additional, if the prescribed quantity is likely to affect the ability to drive vehicles safely. 10.-RENAL 10.1 EXCEPTIONALLY HIGH STANDARD. -Renal Insufficiency – is issued or revalidated driving title who suffers from serious renal insufficiency subject to regular medical check-ups, duly established, and with favourable opinion of doctor nephrologist. 10.1.1.-Revalidation-revalidation of driving can be imposed for periods shorter than those laid down in the law, which shall not exceed two years. 10.1.2.-Disability – is unfit to drive for 2 Group who suffers from severe renal insufficiency (individual in peritoneal dialysis or hemodialysis program), except in situations properly supported by medical specialty and opinions subject to annual medical check-up. 10.2.-Revalidation-revalidation of the driving title for the Group 2 is imposed for periods not exceeding one year. MISCELLANEOUS PROVISIONS 11.1. -Chronic obstructive pulmonary disease – is issued or revalidated driving title who suffers from chronic obstructive pulmonary disease is determined by the need for applicants or drivers to undergo medical examination of specialty and get assent. 11.1.1.-Revalidation – without prejudice to the provisions of the preceding paragraph may be imposed periods of revalidation shorter than those laid down in the law, which shall not exceed two years.

11.2 58. -Hematologic diseases and onco-haematological – is issued or revalidated driving title who suffers from anemia, leukemia, leukopenia, lymphoma, trombopenia, clotting disorders or anticoagulant treatment by submission to medical examination by a hematologist and with favourable opinion. 11.2.1.-Revalidation – without prejudice to the provisions of the preceding paragraph may be imposed periods of revalidation shorter than those laid down in the law, which shall not exceed three years in the case of Group 1 drivers and one year in the case of drivers of Group 2. 11.3.-sleep disorders-is issued or revalidated the driving title to those who suffer from sleep disorders, including sleep apnea, hipersónia or narcolépsia, by submission to specialty medical examination and with a favourable opinion, but only to the Group 1. 11.3.1.-Revalidation – without prejudice to the provisions of the preceding paragraph may be imposed periods of revalidation shorter than those laid down in the law, which shall not exceed two years. 11.4.-Transplant – is issued or revalidated driving title for the Group 1 who had an organ transplant or an artificial implant which have an impact on the ability to drive, conditioned to regular medical check-ups and a favourable opinion from the doctor's specialty. 11.5.-is issued or revalidated driving title for the Group 2 who has undergone an organ transplant or an artificial implant without impact on the ability to drive, conditioned to specialty medical opinion and, if necessary, regular medical check-ups.

59 ANNEX II PSYCHOLOGICAL EXAMINATION – areas, skills and competencies to assess (referred to in article 13 of Regulation) table I (Evaluation Framework referred to in points (a)) of paragraph 1 of article 14) areas operational Definitions Methodology skills and competences P er EC p ti v o-c gn it iv 1. Intelligence Ability of understanding and formulation of general rules using stimuli of concrete or abstract nature and its application to various situations psychometric tools and techniques adopted by the DMV, I. P. 2. 2.1 attention. Concentrating Ability in directing attention during certain time obtaining a stable performance 2.2. Distributed capacity in disperse attention, simultaneously, in the face of a variety of Visual stimuli and/or acoustic means of efficiently 2.3. Vigilante Ability in maintaining a State of alert and tonic (vigil) for a long time in order to respond readily to infrequent stimuli that arise pertaining to one set of stimuli that have to be neglected 3. 3.1 perception. Perceptive perceptive-cognitive Capacity rapidity for the quick apprehension of visual information, which calls for discrimination of visuo-perceptual stimuli 3.2. Perceptive perceptive-cognitive Capability integration to render accurately the visual information, which calls for selectivity of visuo-perceptual stimuli 4. Information retrieval Capacity memory acquired, through processes of evocation and recognition after their 60 encoding and storage Areas operational Definitions Methodology skills and competences P si co m to ra 5. Motricity psychometric tools and techniques adopted by the DMV, i. p. 5.1. Sign security ability to perform and maintain static cinestesias 5.2 accurately. Manual dexterity the ability to execute with precision and speed dynamic small amplitude cinestesias 6. 6.1 coordination. Bimanual Ability in coordinating simultaneously the movements of both hands in the face of tax rhythms

and/or free 6.2. Eye-hand-pedal Ability to coordinate the movements of hands and feet in response to Visual stimuli and/or acoustic means 7. 7.1 reactions. Simple and choice in Capacity reacts appropriately to Visual stimuli or predefined acoustic (simple) or after your selection from a wide range of stimuli also composed of distractores stimuli (choice) 7.2. Discriminative Capacity in multiple and react to a multitude of Visual and/or acoustic stimuli involving specific associations between stimuli and responses 8. Multitasking ability ability to process information in order to parallel play, at the same time, at least two independent tasks P si co ss IC al 9. Personality factors and psychometric techniques approved by the DMV, i. p. Observation during psychological Interview 9.1 Elements. Psychological maturity ability to adapt their behaviour to the demands of the surrounding reality in accordance with psicoafectivo adult development 9.2. Ability to accept responsibility formal rules, tasks and duties and behave accordingly assuming their 9.3 ducts. Emotional stability Ability to control, regulate, and express emotional reactions in a proper manner without affecting the efficiency of performance and/or interfering with others 9.4. Psicopatológico psychic Forum disorders screening that might entail face risks to traffic safety 61 9.5. Risk attitudes and behaviors in relation to traffic safety Predispositions for actions and/or conduct that might entail risks given the procedural 9.6 traffic safety. Social skills Ability to develop, maintain and enhance contacts and social relations and citizenship, as well as individual differences and cultural tolerance 62 table II (Evaluation Framework referred to in point (b)) of paragraph 1 of article 14) areas operational Definitions Methodology skills and competences P er EC p ti v o-c gn it iv 1. Attention psychometric tools and techniques adopted by the DMV, i. p. 1.1. Concentrating Ability in directing attention during certain time obtaining a stable performance 2. 2.1 perception. Perceptive perceptive-cognitive Capacity rapidity for the quick apprehension of visual information, which calls for discrimination of visuo-perceptual stimuli P si co m to ra 3. Coordination instruments and psychometric techniques approved by the DMV, I. P. 3.1. Eye-hand-pedal Ability to coordinate the movements of hands and feet in response to Visual stimuli and/or 4 acoustic. 4.1 reactions. Capacity choice react appropriately to Visual stimuli or predefined acoustic (simple) or after your selection from a wide range of stimuli also composed of distractores stimuli (choice) P you co ss IC al 5. Personality factors and psychometric techniques approved by the DMV, i. p. Observation during the examination procedural Elements 5.1 psychological Interview. psicopatológico Screening psychic Forum disturbances which might entail face risks to traffic safety 5.2. Risk attitudes and behaviors in relation to traffic safety Predispositions for actions and/or conduct that might entail face risks to traffic safety 63 ANNEX III TRAINING PROGRAM (referred to in article 25 of the Regulation) Syllabus Methodology Module I-Introduction (2 hours) 1-presentation and establishment of the objective. Various techniques, including fotolinguagem and presentation in pairs 2-diagnosis of expectations and needs. Group discussion: space for participants to speak of themselves, their experience and the disregard for standard module II-road safety (6 hours) 1-road traffic System exhibition and participatory Method 1.1 – vehicle dynamics and their basic maintenance. Exhibition and participatory method 2-analysis of the driving function: exhibition and participatory Method 2.1-perceptive visual Exploration and importance of anticipation and forecasting capacities; defensive driving notions; Exhibition and participatory method; discussion on behavioral techniques. 2.2-the importance of self-knowledge: the physical and psychological state of the participatory Method: research conductor of personal factors relevant to each participant, possibility of their control and relationship with lifestyles.

64 Contents Methodology 3 – road safety Assumptions: 3.1-the knowledge; 3.2 – the importance of attitudes; 3.3-the need of safe behaviors; 3.4-tolerance behaviors vs aggressiveness and risk behaviors; 3.5 – education, values and civility exhibition and participatory Method: reflection on risk behaviour and road safety, from fotolinguagem exercises in which participants choose pictures for words such as: attitude, behavior, aggressiveness, tolerance, security, education, and other values of equal similarity and importance 4-Against infringement-crash: causes and consequences of the event Experience with proposed staging 5-Self-assessment of personal involvement in the module and its tasks of Filling a self-assessment as a tool for individual reflection module III-alcohol (5 hours) 1 – legal Regime: relevance, individual meanings and factors of membership/infringement of the rules exhibition and participatory Method, including the task of ' make law ' for the offence in question 2 – absorption, elimination and action of alcoholic beverages (distilled/fermented) about the human body exhibition and participatory Method 3-social value and individual and group meanings of alcohol consumption Research of symbols associated with the consumption of alcohol and its critical analysis – strategies 4 decoupling control and promotion of drinking-driving group Exercises: proposals for measures to ' combat ' alcohol consumption 5-Self-assessment of personal involvement in the module and its tasks. Filling in a self-assessment as a tool for individual reflection 65 Syllabus Methodology Module IV-Psychotropic Substances (5 hours) 1 – legal Regime: factors of membership/infringement of the rules exhibition and participatory Method, including the task of ' make law ' for the offence in question 2 – types of psychotropic substances, their effects and elimination exhibition and participatory Method 3 – social value and individual and group meanings of its consumption research Exercise of symbols associated with the consumption of psychotropic substances and its critical analysis: Scenario 4 – exercise control Strategies and decoupling promotion the consumption of psychotropic substances and Exercise in small groups: proposals for measures of «fighting» the consumption of psychotropic substances 5 – Self-assessment of personal involvement in the module and its tasks of Filling a self-assessment as a tool for individual reflection Module V – speed (5 hours) 1-limits and legal regime : factors of membership/expository Method and rules infringement cases 2-speed Adjustment to physical and psychological characteristics of drivers and the road environment viewing of videos of accidents and tests 3 comments – the importance of speed in contemporary society and its personal meaning of symbols associated with the Search speed and its critical analysis 4-excessive speed control Strategy analysis of an accident in which is involved the offence «speed». Group exercise: proposals for measures to ' combat ' excessive speed and your comment 66 Syllabus Methodology 5-Self-assessment of personal involvement in the module and its tasks of Filling a self-assessment as a tool for individual reflection module VI – other offences (5 hours) 1 – exploration of appropriate legislation, with reference to offences committed exhibition and participatory Method 2 – importance of classification of administrative offences and their legal consequences analysis of an accident. Simulation teaching method 3 – strategies of control Exercise in groups: proposals for measures of «fighting» and your comment 4-Self-assessment of personal involvement in the module and its tasks of Filling a self-assessment as a tool for individual reflection 67 Module VII – conclusion (2 hours) assessment/conclusion/prognosis Report individualized for each form in which the record the degree of participation , motivation and commitment, ability to self-criticism and self-control and interpersonal relationship analysis of group interaction: initial expectations; the course of action and the prospect of future in the framework of prevention and road safety Declaration of frequency with or without certificate.

68 ANNEX IV TABLE of DIGITS CARD ISSUER SERVICE IDENTIFIERS (referred to in article 34 of the Regulation) Aveiro AV Beja BE Braga BR Bragança BG Castelo Branco Coimbra, Évora and Faro C CB FA GD Guard Leiria Lisbon Portalegre Porto LE L EN P Santarém SA Setúbal IF Viana do Castelo Vila Real VC VR Viseu VS Angra do Heroísmo AN Horta H Ponta Delgada to Funchal M