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Proposal for Law No 83 /XII

PL 353/2012

2012.07.05

Exhibition of Motives

The present diploma approves the legal regimes of access and exercise of the profession of

driver of light-duty vehicles of public transport rental passengers, too

designated by taxi driver, and of certification of the respective trainer entities,

by proceeding to the repeal of the prevailing regime, constant of the Decree-Law No. 263/98, of 19 of

August, amended by Decree-Law No. 298/2003 of November 21, maintaining however the

recognition of the public interest in the institution of compulsory training and

certification of these professionals, conditioner of the access and exercise of the profession, in a manner

to increment road safety and to ensure the provision with quality of services

of the transport in taxi.

It is also carried out, by way of this diploma, to the adaptation of the legal access regime

and exercise of the taxi driver profession, to the constant legal framework of the Act

n. 9/2009 of March 4, which transposed into national legal planning to Directive

n. 2005 /36/CE, of the European Parliament and of the Council of September 7, 2005,

on the recognition of professional qualifications, and of the Decree-Law No 92/2011,

of July 27, which created the system of access regulation to professions (SRAP).

There is still the legal regime of the certification of the trainer entities with the

provisions of the Decree-Law No. 92/2010 of June 26 laying down the principles and

rules required to simplify the free access and exercise of the services activities and

transposes to the internal legal order to Directive No 2006 /123/CE, of Parliament

European and of the Council of December 12, 2006 on services on the market

internal.

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It is aimed, through this review, to simplify, de-bureaucratize and expedite the process of formation

and certification of drivers, making it less onerous and more compliant with the

community guidelines concernin the freedom of access and exercise of the professions and, well

so, allow easier access to the exercise of the activities and services covered,

by fostering greater accountability of economic actors for the activity that

exert, so as to make the service market more competitive.

In what concerne specifically the access and exercise regime of the profession of

taxi driver, create the Taxi driver's Certificate (CMT), in replacement of the

previous Certificate of Professional Aptitude (CAP), and establishes a single type of

training, either for the initial obtaining of the title or for the continuing education necessary to

your renewal.

In the direction of further tightening of the scheme, there are still changes in the requirements

of which is dependent on obtaining the CMT, emphasizing, among others, the requirement of

averaging of Group 2 in the driving licence, category B and the mandatory of the

approval in multi-media examination.

Regarding the idoneity, it is opposed by a deep reformulation of the requirement, in the

Sequence of the judgment of the Constitutional Court No 154/2004 of March 16, 2004,

which declared, with general mandatory force, the unconstitutionality of the constant norm of the

n Article 4 (2) of the Decree-Law No 263/98 of August 19, for violation of the provisions of the

n Article 30 (4) of the Constitution. For these purposes, it now passes the relevant only to

practice of certain crimes, taxactively enunciated, the nature of which is understood to

collides with the profile and performance required of a taxi driver. On the other hand, it leaves

of consecrating the automaticity of the loss of idoneity as a result of the conviction in the

practice of any crime, providing for the possibility of rehabilitation in the legal terms

and the obligatory justification of the circumstances of fact and law in

who considers himself to be the inidopous candidate for the exercise of the profession.

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In the context of the adaptation of this scheme to the provisions of the mentioned Act No. 9/2009, 4 of

march, the recognition of certificates attest to the qualification for the

exercise of the profession of taxi driver, issued by other Member States of the

European Union and the European Economic Area, by staying these drivers enabled

exercise this profession on national territory.

In relation to the legal system of certification of the forming entities, please introduce yourself

resultant changes, since soon, from their conformation with the regime of the mentioned

Decree-Law No. 92/2010 of June 26, devoting itself to the free provision of services of

entities forming drivers of taxis from other Member States of the

European Union and the European Economic Area. It is left, however, clear that those

formative "non-resident" entities must meet the requirements set for the

formative "resident" entities.

This solution is accompanied by measures of simplification and de-bureaucratization with

positive incidence in the exercise of its activity, such as the elimination of the requirements of

homologation and recognition of the training courses as well as their renewal.

They also relies on the solutions of the mere prior communication of the formation actions to the

competent entity, as well as the simplification of the trainees ' submission process

the examination, which is going on by the multimedia system.

Finally, it is instituted, taking into account the specificities of the activity, the articulation of the

training and certification established by this Law with the National Catalogue of

Qualifications and the Certification System of Forming Entities, through the Agency

National for the Qualification and Vocational Education, I.P., of the Directorate General of Employment and

of Labour Relations and the Institute of Mobility and Transport, I.P., of agreement

with their respective competences.

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The Access to Professions Regulatory Commission (CRAP) was heard.

They were consulted, on an optional basis, the National Association of Transporters

Road in Light Cars and the Portuguese Federation of Taxi, associations

representative of the sector.

Thus:

In accordance with the provisions of the paragraph d) of Article 197 (1) of the Constitution, the Government

presents to the Assembly of the Republic the following proposed law:

Chapter I

Initial provision

Article 1.

Object

1-The present diploma approves the legal regimes of access and exercise of the profession of

driver of light-duty vehicles of public transport rental passengers, too

designated by taxi driver, and of certification of the respective trainer entities,

proceeding for so much:

a) To the conformation of the legal regime of the certification of the trainer entities with

the provisions of the Decree-Law No. 92/2010 of June 26 laying down the

principles and the rules necessary to simplify the free access and exercise of the

activities of services and transposes to the internal legal order the Directive

n. 2006 /123/CE, of the European Parliament and of the Council, of December 12 of

2006, relating to services in the internal market;

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b) To the adaptation of the access and exercise regime of the profession of driver of

light duty vehicles of public transport passenger transport, forward

designated by taxi driver, to the constant legal framework of the Act

n ° 9/2009 of March 4, which transposed into national legal planning a

Directive No 2005 /36/CE, of the European Parliament and of the Council, of 7 of

september 2005, relating to the recognition of professional qualifications, and

of the Decree-Law No. 92/2011 of July 27, which created the system of regulation of

access to professions (SRAP).

Chapter II

Taxi drivers

Article 2.

Duties of the taxi driver

They constitute duties of the taxi driver:

a) Provide the transport services that are requested to you, provided that

covered by the regulations applicable to the exercise of the activity;

b) Obey the stop sign of any potential utterance when you meet

in the free situation;

c) Use of correction and urbanity in the tract with the passengers and third parties;

d) Assist passengers who present reduced mobility at the entrance and exit

of the vehicle;

e) Trigger the taximeter at the beginning of the provision of the service according to the rules

established and keep the respectable showing always visible;

f) Place the Taxi Driver's Certificate (CMT), the interim CMT or the

proof of the delivery of the prior declaration referred to in Article 8 (2) in the

top right hand side of the windshield, in a very visible way to the passengers;

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g) Comply with the price regime set out in the legal terms;

h) Observe the guidelines that the passenger provides as to the itinerary and the

speed, within the limits in force, owing, in the lack of guidelines

expressed, adopt the shortest pathway;

i) Comply with the conditions of the contracted transport service, save cause

justification;

j) Carry personal baggage, in the established terms, and proceed to the respect

loading and unloading, including wheelchairs of disabled passengers, and

ask passengers for the collaboration that they can make available and only

in cases where it is justified, particularly in the reason of weight or volume

of the baggage;

l) Carry out passenger assistance dogs with disabilities, free of charge;

m) Transporting, unless otherwise met, specifically the dangerousness and the state

of health or hygiene, properly accompanied companion animals and

packaged;

n) Issue and sign the voucher voucher of the total value of the service provided, in the

moment of payment of the paying service and in the terms of the law, of which it shall

record the identification, address and number of taxpayer of the company and the

vehicle registration and, when requested by the passenger, the time, the origin and the

destination of the service and the supplements paid;

o) Do not urge passers-by for the acceptance of their services;

p) Facilitate the payment of the service provided, and shall have the effect of having

cash that allows to carry out any change up to the minimum amount of € 20

or have Automatic Payment Terminal;

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q) Proceed diligently to the delivery in the police authority of objects left in the

vehicle, and may also make it to the passenger, provided that by this requested and

upon payment of the respected service, if the taxi driver understands that

there must be place at this payment;

r) Take care of your personal presentation;

s) Diligenate by the inner and outer asbreast of the vehicle;

t) Not to be accompanied by strange people at the service,

u) Informing the passenger of the fare change, in garments involving several

tariffs.

Article 3.

Compulsory professional title

It is mandatory to take possession of professional title of taxi driver, designated as a Certificate

Taxi driver of Taxi (CMT), for the access and exercise of the profession.

Article 4.

Taxi Driver Certificate of Taxi

1-The CMT proves that its holder is holder of the initial and ongoing formations required

in the terms of this diploma.

2-The CMT is valid for the period of five years, renewable for equal periods, counted

departure from the date of approval in the examination or renewal, as the case may be, without prejudice

of the provisions of the following number

3-Should the CMT holder age equal to or more than 65 years the CMT is valid by the

period of two years, renewable for equal periods.

4-In the event of an expiry, the CMT may be renewed upon compliance with the

requirement of the continuing education set out in the d) of Article 7 (1).

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5-The Institute of Mobility and Transport, I. P. (IMT, I. P.), is the competent entity

to issue the CMT, whose model is fixed by dispatching the chairman of the board

directive from the same institute.

Article 5.

Requirements for obtaining the CMT

1-A obtaining the CMT is subject to cumulative filling, on the part of the candidate,

of the following requirements:

a) Title of valid legal habilitation to drive motor vehicles, from

category B, with an averaging of the classification in Group 2;

b) Not to be considered inborn, in the terms of the following article;

c) Compulsory education required of the applicant applicant;

d) Approval in the examination provided for in Article 12;

e) Field of Portuguese language.

2-Verified the requirements mentioned in the previous number the candidate requires to the IMT,

I.P., the issuance of the CMT, as per application model to be approved by dispatching of the

chairman of the board of directors of the same institute.

3-Within 60 days, the IMT, I.P., pronounces on the application and, if it is case

of this, issues the CMT.

Article 6.

Inidoneity

1-Without prejudice to the provisions of the following number, it shall be deemed to be iniduous for the exercise of the

occupation by taxi driver, the candidate who has been convicted by decision

transitioned on trial:

a) In penalty of effective imprisonment for the practice of any crime against life;

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b) For the practice of crime against freedom and sexual self-determination;

c) By the practice of the crime of dangerous driving by road vehicle or

driving vehicle in a state of drunkenness or under the influence of

narcotic drugs or psychotropic substances;

d) For the practice of crime in the exercise of the profession of taxi driver.

2-A conviction for the practice of one of the crimes provided for in the previous paragraph

does not affect the suitability of all those who have been rehabilitated, under the terms of the

provisions of Articles 15 and 16 of Law No 57/98 of August 18, nor does it preclude the IMT,

I.P., to consider, in a justified manner, that the conditions of idoneity are met,

taking into account, inter alia, the time that has elapsed since the practice of the facts.

3-Whenever the IMT, I.P., consider to exist a situation of inidoneity for the exercise

of the profession, shall justify in a reasoned manner the circumstances of fact and of

right in which it bases its judgment of inidoneity.

4-The IMT, I.P., proceeds to the cassation of the CMT whenever a situation occurs of

inidoneity under the terms of this article.

Article 7.

Renewal of the CMT

1-A CMT renewal depends on the cumulative padding, by the driver

applicant, of the following requirements:

a) Title of legal habilitation to conduct provided for in paragraph a ) of paragraph 1 of the

article 5;

b) Approval in the medical assessment, to be met with the same requirements and in the

same terms provided for the medical assessment required for revalidation

of the legal habilitation to conduct provided for in the letter a ) of Article 5 (1);

c) Not to be considered inidocyous, in the terms of the previous article;

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d) Frequency with taking advantage of the continuing education course, pursuant to the

provisions of Article 9.

2-The requirement set out in paragraph b) of the preceding paragraph is waived in cases where the

applicant driver has obtained approval in the medical assessment required for the

revalidation of the driving licence of Group 2, in the legal terms.

3-It is applicable to the renewal of the CMT the same procedure defined in the terms of the

n. paragraphs 2 and 3 of Article 5.

4-In the assessment of the requirement set out in the c) of paragraph 1 shall apply to the provisions of paragraphs 2

and 3 of the previous article.

Article 8.

Taxi drivers from other Member States or from the European Economic Area

1-National citizens of state-member of the EU or of the European Economic Area

whose qualifications have been obtained outside Portugal and here if they wish to establish

may obtain the CMT, upon recognition of their qualifications pursuant to the

provisions of Law No. 9/2009 of March 4, in particular of section I of its Chapter

III and its Article 47, provided that they possess the requirements set out in the paragraphs a) a c) and e)

of Article 5 (1).

2-National citizens of state-member of the EU or the European Economic Area,

legally established in another Member State for the exercise of the profession of

taxi driver, can exercise this same profession in national territory, in a way

occasional and sporadic, after prior declaration to the IMT, I.P., effectuated in the terms of the

provisions of Articles 5 of Law No 9/2009 of March 4, becoming subject to the requirements

of exercise that, attentive to the temporary nature of the provision, are applicable to them,

in particular to the constants of Articles 2 and 6 of this diploma and the habilitation

legal to drive motor vehicles of category B, valid on national territory.

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3-The IMT, I.P., issues the interim CMT within thirty days of the submission

of the prior declaration referred to in Article 5 of Law No 9/2009 of March 4.

4-Up to the issuance of the interim CMT, the proving of the delivery of the

statement referred to in paragraph 2, for all legal effects.

5-The documents supporting the applications for recognition of qualifications must,

in case of justified need, be certified and accompanied by translation.

Article 9.

Initial training and continuing education

1-A initial training and continuing education are mandatory and apply to applicants for

getting the CMT and the taxi drivers, respectively.

2-A The training aims at the development of the appropriate capacities and skills to the

good performance and professional valorisation, and must guarantee the trainees to

acquisition of the necessary knowledge, particularly in the areas of relations

interpersonal, the regulation and exercise of the activity and the driving techniques.

3-The content of the initial and continuing education courses, as well as the organization of the

training actions, are defined by porterie of the responsible government members

by the areas of transport and employment.

4-A The minimum duration of the initial training courses is 125 hours and that of the courses of

continuous training is 25 hours.

Article 10.

Dispensation of training

1-The training holders in the framework of officially recognized courses that

involve the knowledge of the subjects taught in the initial training course

described in the porterie provided for in paragraph 3 of the previous article, may be waived by the

IMT, I.P., of the frequency of the formation.

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2-The provisions of the preceding paragraph shall apply to holders of other certificates

professionals associated with the driving of motor vehicles issued by the IMT, I.P., and

well so to people holders of professional capacity certification in the area of

road transport.

Article 11.

Validity of training

1-A The initial training, for the purpose of access to the exam for obtaining the CMT, is valid

for the period of five years.

2-A continuing education, for the purpose of renewal of the CMT, is valid for the period of five

years.

Article 12.

Examination for obtaining the CMT

1-Applicants for obtaining the CMT, who have obtained use in the training

initial provided for in Article 9 (1) or which have been exempted from such training

pursuant to Art. 10, are subject to examination by the multimedia system, carried out by the

IMT, I.P., or by entity designated by the same institute.

2-The characteristics and procedures of the examination referred to in the preceding paragraph are

defined in the porterie provided for in Article 9 (3).

Chapter III

Certification of trainer entities

Article 13.

Certification of trainer entities of taxi drivers

1-A certification of the trainer entities wishing to exercise the training activity

provided for in this diploma follows the trames of the Portaria No 851/2010 of 6 of

september, which regulates the certification system of formative entities, with the

following adaptations:

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a) The competent entity for the certification is the IMT, I.P.;

b) The trainer entities shall comply with the duties referred to in Article 15;

c) They are approved by porterie of the Government members responsible for the areas

of transport and employment other specific requirements, in addition

or derogation from the constants of the Portaria no. 851/2010 of September 6,

particularly requirements relating to the content, duration and organisation of the

training actions.

2-A certification of formative entities by the IMT, I.P., whether express or tacit, is

communicated to the competent central departments of the ministries responsible for the areas

of the vocational training and certification of trainer entities, within 10 days.

3-A The list of certified trainer entities is disclosed on the website of the internet of the

IMT, I.P., and at the single electronic service desk, provided for in article 6 of the Decree-

Law No. 92/2010 of July 26.

Article 14.

Supervenient lack of certification requirements

1-A supervenient lack of any of the certification requirements to which they refer to

portaries provided for in the previous article must be met within 90 days of the

its occurrence.

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

determines the expiry of the certification and the cassation of the certificate by the IMT, I.P..

Article 15.

Duties of the forming entities

They are duties of the forming entities:

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a) To organize and develop the training actions in accordance with the

set out in this diploma and in the porterie to be approved by the members of the

Government responsible for the areas of transport and employment;

b) Observe principles of independence and equal treatment of all

candidates for training and trainees;

c) Collaborate in the follow-up and technical-pedagogical evaluation actions

carried out by the IMT, I.P.;

d) Change the content of the formative subjects, where changes and

legal or technical innovations justifying it;

e) Provide the IMT, I.P., the elements concerning the exercise of the activity, always

how this is requested to them;

f) Maintain, for the period of five years, the registration of the training actions carried out,

as well as the individual processes of the trainees;

g) Communicate in advance to the IMT, I.P., the location, date and time of achievement of the

training actions, and their changes, as well as the identification of the

trainees, in advance of eight working days and three working days,

respects, in the terms set out in the portionery provided for in paragraph 3 of the article

9.

h) Communicating to the IMT, I. P., within 10 days, the change of headquarters in the territory

national.

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Article 16.

Technical-pedagogical monitoring

The IMT, I.P., effectuates the technical-pedagogical follow-up of the training actions, with the

end, inter alia, to support and encourage the quality of training by monitoring

effective of its compliance with the conditions and terms established legally.

Article 17.

Administrative sanctions

1-The default by the entities forming the duties set out in this chapter and

on the porterie provided for in Article 9 (3), may determine the application, by the council

directive of the IMT, I.P., without prejudice to the provisions of Chapter IV, of the following sanctions

administrative, depending on the severity:

a) Warning written;

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

trainees;

c) Suspension of the exercise of the training activity, for the maximum period of a

year;

d) Cancellation of the certification of the trainer entity, with the cassation of the

corresponding certificate.

2-The penalties provided for in the preceding paragraph are advertised on the site of Internet of the IMT,

I.P..

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Article 18.

Registration

IMT, I. P., organizes and keeps up to date a record of the entities performing the

training activity as well as the penalties that are applied to them in the terms

provided for in the preceding Article and in Article 27 (3).

Chapter IV

Surveillance and sanctionatory regime

Article 19.

Surveillance

1-Without prejudice to the powers conferred by law to other entities, the audit of the

compliance with the provisions of this diploma compete:

a) To the IMT, I. P.;

b) To the Republican National Guard; and

c) To the Public Security Police.

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

or collectives that develop any of the activities provided for in this diploma, to

representations and the investigations necessary for the exercise of their competence

supervising under the law.

Article 20.

Counterorders

1-Without prejudice to the provisions of Article 26 (4), infractions to the provisions of the present

diploma constitute counterordinations punishable under the following articles.

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2-A negligence is punishable, being the maximum and minimum limits of the reduced fine for

half.

Article 21.

Illegal exercise of the profession

1-A driving vehicle taxi in service by who is not a CMT holder, of CMT

provisional or the demonstrative of the delivery of the declaration referred to in Article 8 (2)

valid, is punishable with the fine of € 625 a € 1875.

2-A contracting, to any title, taxi driver who is not a holder of CMT or

of valid interim CMT, at the date of the hire, is punishable with the fine of € 625 a €

1875 or from € 1250 a to € 3750, depending on whether it is a natural or a collective person.

Article 22.

Lack of display of interim CMT or CMT

The non-allotment of the CMT, the provisional CMT or the demonstrator of the delivery of the

declaration as referred to in Article 8 (2), at the place required under the terms of paragraph f) of the article

2. is punishable by the fine provided for in paragraph 1 of the preceding Article, unless the presentation of the

title to the authority indicated by the supervisory officer to check in at the time of

verification of the infraction or within eight working days from the date of the practice of the

infraction, cases in which the fine is € 50 a € 150.

Article 23.

Violation of the duties of the taxi driver

1-A infraction to the duties of the driver to which the points are referred and ), g , i) and n) of Article 2,

is punishable with fine of € 250 a € 750.

2-A infraction to the duties of the driver to which the points are referred a) a d ), h ), j) a m ), the ), q ), t )

and u) of Article 2 is punishable with fine of € 50 a € 150.

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3-A infraction to the duties of the driver to which the points are referred p) , r) and s) of Article 2 is

punishable with fine of € 25 a € 75.

Article 24.

Irregular exercise of the training activity

The exercise of the training activity by uncertified entities under the terms of the article

13. is punishable with fine of € 1000 a € 2500 or € 2500 a € 5000, depending on whether it is

of natural or collective person.

Article 25.

Violation of the duties of trainer entity

Infringement of the duties of the forming entity referred to in Article 15 shall be punishable by

coima from 250 a to € 750.

Article 26.

Ancillary sanction

1-With the application of the fines provided for in the preceding Articles may be determined to

application of the incidental punishment of interdiction of the exercise of the profession if the driver has

been convicted of the recidivist practice of any of the infractions provided for in paragraph 1 of the

article 23 or of three infractions provided for in paragraph 2 of the same article, when committed

in the period of one year from the date of the first condemnatory decision.

2-A The interdiction of the exercise of the profession may not have a duration of more than two years.

3-In the case of interdiction of the exercise of the profession, the offender is notified to proceed

voluntarily to the deposit in the IMT, I.P., of the CMT or the interim CMT, depending on

the cases, under penalty of seizure of the respective title.

4-Who to exercise the profession being inhibited from doing so in the terms of the previous figures

per sentence carried forward on trial or final administrative decision incurs the

practice of the crime of qualified disobedience.

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Article 27.

Processing of the counterorders

1-The processing of the counterordinations provided for in this Law shall compete with the IMT, I.P..

2-A The application of the fines and ancillary sanctions is the competence of the board of directors

of the IMT, I.P..

3-The IMT, I.P., organizes the registration of the infractions pursuant to the provisions of the Decree-Law

n. 2/2000, of January 29.

4-The counterordinations provided for in this diploma shall be subsidally applicable to the

General regime of the illicit of mere social ordering, constant of the Decree-Law No. 433/82,

of October 27, amended by the Decrees-Laws No 356/89 of October 17, 244/95,

of September 14, and 323/2001, of December 17, and by Law No. 109/2001, of 24 of

december.

Article 28.

Product of the fines

The affectation of the product of the fines is done as follows:

a) 60% for the state coffers;

b) 20% for the IMT, I. P., constituting own revenue from this body;

c) 20% for the supervising entity that raised the auto, constituting revenue

own of this.

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Chapter V

Final and transitional provisions

Article 29.

Dematerialization of acts and procedures

1-All applications, communications and notifications provided for in this diploma and in your

regulation are carried out by electronic means, through the electronic platform

of information from the IMT, I.P., accessible via the single electronic counter of the services,

referred to in Articles 5 and 6 of the Decree-Law No. 92/2010 of July 26.

2-A all the administrative procedures provided for in this diploma, for whose

statement or final decision is lawful or by regulation required the submission of

certificates or statements of administrative entities, the provisions of the

Decree-Law No 114/2007 of April 19 and in the d) of Article 5 of the Decree-Law

n. 92/2010, of July 26.

Article 30.

Integration into the national qualifications system

1-A The training and certification established by this diploma integrate into the system

national of qualifications.

2-A The targeted integration in the previous number is promoted, according to the respective

competencies, by the National Agency for Qualification and Professional Education, I.P., and

by the Directorate General for Employment and Labor Relations, in articulation with the

IMT, I.P..

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Article 31.

Administrative cooperation

For the purposes of the application of this diploma, the competent authorities participate in the

administrative cooperation, within the framework of procedures relating to professionals and

forming entities from other Member States, pursuant to the provisions of

in Article 51 (2) of Law No 9/2009 of March 4, and in Chapter VI of the Decree-Law

n ° 92/2010 of July 26, notably through the Market Information System

Internal.

Article 32.

Transitional arrangements

1-The forming entities that are currently type-approval holders or of

recognition of taxi driver training courses granted by the IMT, I.P.,

they have the deadline of one year from the date of the publication of the intended porterie in the

point ( c) of Art. 13 (1) to conform to the provisions of the same

number, requiring new certification, without what they are prevented from exerting the

training activity of taxi drivers.

2-A type-approval and recognition of training courses of taxi driver,

granted under the repealed legislation, the expiration of which is in progress

on the date of the start of the term of this degree, they lapse within six months of the

counting from the date of publication of the porterie provided for in ( c) of Article 13 (1),

save if the end of the said deadline does not occur at a previous time.

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3-The trainees who have attended the training actions of the approved courses

referred to in the preceding paragraph may, within three months from the date of the

publication of the porterie referred to in Article 9 (3), choose to submit the assessment

by a jury designated by the chairman of the IMT directional board, I.P., or on the terms

provided for in Article 12.

4-The Professional Aptitude Certificates (CAP) of taxi driver issued under the shelter

of the provisions of the Decree-Law No. 263/98 of August 19, as amended by the Decree-Law

n. 298/2003, November 21, remain valid until the end of the deadline that they

record, and must be renewed under the terms of this diploma.

5-The drivers who are possessor of the professional tourist driver's license,

obtained under the provisions of the Decree-Law No. 519-F/79 of December 28,

repealed by the Decree-Law No. 92/2011 of July 27, may obtain the CMT with

dispensation from the initial training referred to in Article 9 (1), provided that they meet the

requirements set out in Article 5 (1).

Article 33.

Abrogation standard

1-It is repealed the Decree-Law No. 263/98 of August 19, amended by the Decree-Law

n. 298/2003, November 21.

2-It is repealed to Portaria No 788/98 of September 21, as amended by the Portaries

n. ºs 195/99, March 23, and 1130-A/99, of December 31, by the Decree-Law

n. 298/2003 of November 21 and by the Portaria No. 121/2004 of February 3.

CHAIR OF THE COUNCIL OF MINISTERS

23

Article 34.

Entry into force

This Law shall come into force on the day following that of its publication.

Seen and approved in Council of Ministers of July 5, 2012

The Prime Minister

The Deputy Minister and Parliamentary Affairs