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Approves The Legal Framework Of The Teaching Of Conducting, Regulating Access To And The Exercise Of The Activity Of Operation Of Driving Schools And Professions Of Driving Instructor And Director Of The Driving School And The Certification Of The Resp...

Original Language Title: Aprova o regime jurídico do ensino da condução, regulando o acesso e o exercício da atividade de exploração de escolas de condução e das profissões de instrutor de condução e de diretor de escola de condução e a certificação das respetivas entidades forma

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CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 141/XII/2.

1

Exhibition of Motives

The training of drivers, with a greater emphasis on driving learning that

develop skills for sustainable mobility, in respect for safety

road and the preservation of the environment, is a paramount pillar of prevention and

road safety in the framework of the National Highway Safety Strategy, approved

by the Resolution of the Council of Ministers No. 54/2009 of June 26, and a requirement of the

national legislation on the driving examinations, following the transposition to the

internal legal order of the Directive No 2006 /103/CE of the Council of November 20

of 2006, and No. 2008 /65/CE, of the Commission of June 27, 2008 with regard to the

programmatic content of the exam proofs.

The latest review of the legal regime of the teaching of driving, driving schools and the

driving instructors and directors of driving schools was operated in 1998, i.e.

for more than a decade, so it needs to be adjusted to the new requirements of the training

and evaluation of driver candidates.

On the other hand, as a result of the transposition of the Directive No 2006 /123/CE, of the

European Parliament and of the Council of December 12, 2006 on services in the

internal market, by Decree-Law No. 92/2010 of July 26, it becomes necessary to predict

new rules of access and exercise of the activity of the driving schools, privileging themselves

mechanisms of debureaucratization and administrative simplification, making it easier to

exercise of the activities and services covered, through the generalization of procedures

of mere communication, as well as fostering greater accountability of actors

economic by the activity they develop, by strengthening the consequences

sanctionatory in the case of default.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 141/XII/2.

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Regarding the teaching activity of the driving, the present regime presents a model

of innovative learning, which privileges the training focused on the behaviour of the

driver and in the acquisition of skills for safe driving, with the introduction of

an initial road safety course, the possibility of use of new technologies

in the teaching of the driving, such as the theoretical distance training and the increase in the time of

driving before the practical proof, so as to develop in the driver the automatisms

sensory motors that enable you to secure driving decisions. More time from

driving in context of learning translates, in the present regime, on the increase in

effective time of driving lessons and the introduction of the figure of accompanied driving

by tutor, with the aim of providing more driving experience in situations of

diversified transit. Tutoring, in the predicted modality, intends to involve society

civil in the process of the learning of the driving, in particular the families of the applicants to

driver and at the same time promote the upgrading of circulation knowledge

road to the tutor drivers who are available to collaborate in the process.

On the other hand, the possibility of the ministration of the theoretical teaching of the driving in

prison establishments, in order to provide the integration of the convicted individuals

by the practice of driving crime without legal habilitation and allowing social reintegration

of these inmates, so as to prevent lifestyles that lead, normally, to the

reoccurrence.

The possibility of providing teaching of driving in another member state is also expected to be

of the European Union or of the European Economic Area with a view to obtaining a letter of

Portuguese driving and well thus the prediction of the teaching education of the driving in

national territory with a view to obtaining a driving licence in another member state.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 141/XII/2.

3

As for the activity of the driving schools, it is intended to diversify the formative offer

provided by these entities, in addition to the teaching of traditional driving, by consecrating themselves

that can provide the legally required training to drivers in the area of transport

road. It is also expressly provided for the possibility of the driving schools

develop training actions for the re-acquisition of skills for driving by

incarcerated drivers and promotion of road prevention and safety.

The regulation of the occupations of instructor and school director of

driving, limiting itself to the principle of freedom of choice of the profession, provided for in paragraph 1

of Article 47 of the Constitution of the Portuguese Republic, meeting the need for

safeguard other constitutionally protected rights, namely the right to

security of persons, by virtue of the provisions of paragraph 2 of its Article 18º.

In that sense, fits the regime of these professionals to the Access Regulatory System

the Professions (SRAP), constant of the Decree-Law No. 92/2011, of July 27, and conform

the recognition of qualifications obtained outside Portugal to the constant regime of the Act

n. º9/2009 of March 4, as amended by Law No. 41/2012 of August 28, which it transposed to

the internal legal order to Directive No 2005 /36/CE, of the European Parliament and of the

Council, of September 7, 2005, on the recognition of qualifications

professionals.

The present regime has been coteed with the provisions set out in the Regulation of

Legal habilitation to Conduct, approved by the Decree-Law No. 138/2012 of July 5,

in what concerne the prediction of the application form in school of driving, the contents of the

training of driver candidates and the characteristics of vehicles adapted to the teaching of the

driving, as well as to the various aspements of conducting conducting examinations in the

follow-up of training provided by school of driving located in another state

member of the European Union or of the European Economic Area.

The Insurance Institute of Portugal and the Regulatory Commission on Access to

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 141/XII/2.

4

Professions (CRAP) and the representative associations of the sector have been consulted.

The self-governing bodies of the Autonomous Regions were heard.

Attentive to matter, at the headquarters of the legislative process taking place in the Assembly of the Republic to

present proposal of law shall be the object of public appreciation by the committees of

workers, trade union associations and employers ' associations, under the terms of the d)

of Article 54 (5) and (5) a) of Article 56 (2) of the Constitution of the Republic

Portuguese, as well as of Articles 469 to 475 of the Labour Code.

Thus:

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

Assembly of the Republic the following proposal for a law:

CHAPTER I

Preliminary provisions

Article 1.

Object

1-A This Law approves the legal regime of the teaching of the conduct, regulating access and

exercise of the exploration activity of driving schools, of the profession of instructor

of driving, the profession of school director of driving and the certification of the

respects formative entities.

2-A This Law further proceeds to the adaptation of the legal regime referred to in the preceding paragraph

to the following diplomas:

a) Law No 9/2009 of March 4, amended by Law No. 41/2012 of August 28, which

it has carried out the transposition of Directive No 2005 /36/CE, of the European Parliament and

of the Council of September 7, 2005 on the recognition of the

professional qualifications;

b) Decree-Law No. 92/2010 of July 26, which proceeded with the transposition of the Directive

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 141/XII/2.

5

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

2006, relating to services in the internal market, which sets out the principles and

rules necessary to simplify the access and exercise of services activities;

c) Decree-Law No. 92/2011 of July 27, which approved the Regulatory System of

Access to Professions (SRAP);

d) Decree-Law No. 138/2012 of July 5, which approved the Regulation of the

Legal habilitation to Conduct (RHLC).

Article 2.

Scope

1-The provisions of this Law shall apply to the teaching of the conduct for all categories of

vehicles with a view to obtaining a driving licence issued in Portugal, without prejudice

of the provisions of the following numbers.

2-A This Law applies to the teaching of conduct imparted in driving schools

located in another member state of the European Union or the Economic Area

European with a view to obtaining a driving licence issued in Portugal, including the

requirements relating to driving instructors and driving school principals, with

exception:

a) Of the requirements relating to the contract between the candidate for the driver and the school of

conduction set out in Article 5;

b) Of the scheme of the conduct accompanied by tutor referred to in Article 7;

c) Of the requirements for instructional vehicles.

3-To the teaching of the conduction taught in Portugal with a view to obtaining letter from

conduction of another member state of the European Union or Economic Area

European applies only the provisions of Article 12.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 141/XII/2.

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Article 3.

Training in driving school located in another member state of the Union

European or the European Economic Area

1-In the driving education referred to in Article 2 (2), when the candidate for a driver

have completed training in driving school located in another member state

of the European Union or of the European Economic Area, the purposeof the examination of

driving is carried out by this school or in the self-proposition regime, in

compliance with the provisions of the RHLC and the terms to be defined by the porterium referred to in the

n Article 69 (1).

2-In cases provided for in the preceding paragraph, they consider themselves competent to carry out the

driving examination the examination centres of the area of jurisdiction of the regional direction of

mobility and transport or the district closest to the applicant's residence

driver.

3-In cases of paragraph 1, for the purpose of carrying out the practical proof, the candidate for the driver

must be accompanied by the instructor who taught the teaching, by the principal of the school or

by another driving school instructor located in national territory with which

has entered into a protocol in accordance with paragraph 5.

4-A practical proof must be provided in a driving school vehicle where the candidate to

driver obtained the training or in driving school vehicle located at

national territory with which the former has entered into a protocol, in the terms of the

the following number, and these shall, in any case, respect the requirements laid down in the

article 61 of the RHLC.

5-Driving schools located in another member state of the European Union or of the

European Economic Area providing the teaching of driving with a view to the

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 141/XII/2.

7

getting a driving licence issued in Portugal can celebrate protocols with

other driving schools located in national territory, for the purposes of

provision of instructor and vehicle of instruction for the provision of the practical proof

of the candidate for the driver, aounding the territorial competence of examination centres

in function of the school located in national territory.

Article 4.

Definitions

For the purposes of the provisions of this Law and respecting supplementary legislation, it shall be understood

by:

a) Teaching of conducting-the theoretical and practical teaching with a view to the acquisition or

re-acquisition of skills for driving safely;

b) Theoretical teaching-the teaching that is aimed at the acquisition of skills and

knowledge relating to traffic and signalling rules, standards

sanctionatory and procedural by the practice of road counterordinations,

liability and risk assessment for the safe road movement,

sustainable mobility and the preservation of the environment;

c) Practical teaching-the teaching that is aimed at the adaptation of the candidate a

conductor to the driving road environment, the field of the vehicle in

movement, the safe road movement and the preservation of the environment;

d) Driving instructor-the qualified professional and title possessor

professional to provide the teaching of driving;

e) Director of driving school-the qualified instructor to coordinate

pedagogically the activity of the teaching of driving in a particular company

that explore driving schools;

f) Candidate for driver-the individual who intends to obtain the habilitation to conduct

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 141/XII/2.

8

one or more categories of vehicles;

g) Driving school-the establishment where the teaching of the driving is taught

for obtaining a driving licence issued in Portugal and, secondarily, the

training associated with the conduct and related administrative activities;

h) Tutor-the duly authorized driver, who accompanies the candidate a

driver in the acquisition of driving experience, during the learning of

category B driving practice, in the terms provided for in this Law.

CHAPTER II

From the teaching of driving

Article 5.

Teaching of driving

1-Without prejudice to the provisions laid down in Articles 10 and 11, the teaching of the conduct only

can be delivered by driving instructor, in school of driving, and formalises

through written contract concluded between the candidate for the driver and the company that

explore the school of driving concerned.

2-The mandatory elements and terms of the contract referred to in the preceding paragraph are the

constants of the porterie referred to in Article 69 (1).

3-The contract referred to in paragraph 1 obliges the school of conduct to:

a) Promoting the organisation of the candidate process of the driver with the elements

legally required;

b) Issue and deliver to the candidate the driver copy of the enrolment charge sheet;

c) Develop the learning process according to the contents

programmatic and too much conditions fixed in the law;

d) Carry out the formative assessment of the candidate for the driver;

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 141/XII/2.

9

e) To propose the candidate the driver for the evidence of the driving examination.

4-It must, still, be concluded written contract between the company that explore school of

driving and:

a) The individual already empowered to conduct, for the re-acquisition of skills of

driving in the category of vehicles so that it is enabled;

b) The candidate for the required driver of compulsory training attendance at

school of driving, pursuant to Article 33 (2) and 3 of the RHLC.

Article 6.

Modalities of teaching

1-The teaching of the conduct comprises the following modalities:

a) Theory of driving, where the road safety rules are passed,

transit and signage;

b) Practice of driving, where the skills of the candidate are developed

driver at the level of vehicle control in circulation and exercise of a

safe driving.

2-Theory education consists of:

a) Common road safety module, for categories A1, A2, A, B1e B;

b) Specific module of road safety, for categories C1, C, D1 and D;

c) Module of driving theory, which can be carried out with recourse to training to

distance or through presential education;

d) Theoretical-practical complementary modules, of mandatory presential frequency

for all categories of habilitation.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 141/XII/2.

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3-The theoretical training module provided for in the c) from the previous number can be

delivered with recourse to distance learning tools, which must register the

number of hours of stay of the driver candidates in the various subjects and the

respects formative assessment, pursuant to the porterie referred to in paragraph 1 of the

article 69.

4-In the cases referred to in the preceding paragraph, the driving school where the candidate to

driver is found to be enrolled is responsible for ensuring that this one attended the hours

mandatory on the distance education platform and obtained positive assessment.

5-In the practical teaching of driving, the candidate the driver shall comply,

cumulatively, the minimum number of hours of driving and kilometres travelled, the

register in own equipment, in the terms to be defined by the porterie referred to in paragraph 1 of the

article 69.

6-Can be used in practical teaching, as a support and complement to training,

driving simulators, in the terms to be defined by the porterie referred to in paragraph 1 of the

article 69.

7-A The teaching of the teaching of categories C1E, EC, D1E and DE is restricted to the modality of

practice of driving.

8-The contents for the ministration of theoretical and practical education are those provided for in the RHLC.

9-Without prejudice to the provisions of paragraphs 2 and 3 of Article 33 RHLC, the candidate for the driver only

may be admitted to the theoretical proof and practical proof of the driving examination after having

completed, respectively, the theoretical teaching and the practical teaching, in the terms to be defined by the

would porterie referred to in Article 69 (1).

Article 7.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 141/XII/2.

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Driving accompanied by tutor

1-It is permitted to drive accompanied by tutor during the practice learning of

conduction of category B.

2-A The tutor function cannot be remunerated, to any title.

3-It can only be tutor who fulfills, cumulatively, the following requirements:

a) Be enabled for vehicle driving of category B there are at least 10

years;

b) Not to have been convicted of the practice of road crime or counterordinance

serious or very serious road, in the last five years;

c) Have frequented with taking advantage, simultaneously with each candidate to

driver who will follow up, the common road safety module to which if

refers to point a ) of paragraph 2 of the previous article.

4-In situations where the driver candidate is dispensed from the frequency of the module

referred to in the previous paragraph, the tutor maintains the compulsion to attend it.

5-In-driving accompanied by tutor is not allowed:

a) Transport of passengers;

b) Circular on motorways or equiped lanes.

6-The tutor is responsible for the infractions practiced by the candidate for the driver in the exercise

of the accompanied driving.

7-It is mandatory for the celebration by the specific civil liability insurance tutor that

cover the damage arising from the accidents caused by the candidate for the driver,

during the accompanied driving, and may be subscribed by extension of coverage of the

motor vehicle liability insurance of the vehicle used.

8-Regarding the coverage provided for in the preceding paragraph:

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 141/XII/2.

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a) The right of return of the insured insurer is not applicable in the first part of the

point ( d) of Article 27 (1) of the Decree-Law No 291/2007 of August 21;

b) Unless otherwise convention, the tutor and the candidate the driver integrates as well

your beneficiaries;

c) When you translate into an autonomous contract, it is applicable to you not only the general scheme

of the compulsory insurance of motor civil liability, with caveat of the

provided for in the previous paragraphs, as yet, with due adaptations, the

contractual conditions approved by the Insurance Institute of Portugal, nos

terms of article 91º of Decree-Law No. 291/2007 of August 21.

9-For purposes of purposely conducting the driving examination, the driving accompanied by tutor

it does not exempt the candidate from the compulsory training set out in Article 6 of the

present law.

Article 8.

Enrollment in school of driving

1-The teaching of the driving can only start after enrolment in a driving school.

2-Conductor candidates can register and start the teaching of conducting six months

before completing the minimum age required for the intended driver's category of habilitation.

3-In the act of enrollment, the driving school collecs the identification elements of the

candidate the driver and sends them to the computer application made available by the

Institute of Mobility and Transport, I.P. (IMT, I.P.).

4-A driving school shall issue an enrolment charge sheet, which shall contain the

identifying elements of the driver candidate, information on medical assessment

and on the psychological assessment, if applicable, as well as the data on the evidence of

examination to be carried out during the formative pathway, including the respective results.

5-A The driving school is responsible for the data it transmits to the IMT, I.P., not being

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 141/XII/2.

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marked exam proofs or issued driving licence if they verify that they contain

irregularities or inaccuracies.

6-A application form in school of driving obeys the model approved by dispatch

of the Chairman of the IMT Board of Directives, I.P., made available on the site of the internet

of that institute.

7-The candidate for the driver must be a copy holder of the enrolment charge sheet during the

ministration of practical teaching.

Article 9.

Driving education activity

1-The teaching of the driving is taught in a driving school on the terms set in the

present law and in the porterie referred to in Article 69 (1).

2-Exceed from the provisions of the previous number the theoretical education in the modality of

distance training and driving accompanied by tutor, whose conditions are fixed

by the porterie referred to in Article 69 (1).

3-Driving schools can provide services related to the procedures

administrative associated with the issuance of driving titles.

Article 10.

Teaching of the conduct promoted by other entities

They can, still, provide the teaching of driving on national territory:

a) The military and security forces, in the terms of the legislation of their own;

b) The National School of Firefighters, firefighters in formation, under the terms of the

own legislation;

c) The entities that administer course of training of transport drivers

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 141/XII/2.

14

road of goods, under the applicable law;

d) The public transport companies in heavy passenger cars that

to administer training courses to their employees, in the terms of the porterie

referred to in Article 69 (1);

e) The forming entities that will administer the teaching of the driving of vehicles

agricultural, in accordance with applicable law;

f) All the remaining entities provided for in the law.

Article 11.

Theoretical teaching of the conduct to the reclusive population in prison establishments

1-The theoretical teaching of driving in prison establishments in territory is permitted

national, subject to the conditions set out in the porterie referred to in Article 69 (2).

2-The teaching provided for in the preceding paragraph has as reclusive recipients in

compliance with continuing sentence of imprisonment for driving crime without legal habilitation,

whose sentence, sum of the penalties or part of the penalty unfulfilled is equal to or less than one

year, or, regardless of the duration of the penalty, are placed in the Open Regime.

3-The charges inherent in the frequency of the theoretical teaching of the conducting in establishment

prisional are supported by the reclusive candidate for conductor.

Article 12.

Teaching of the driving to obtain a driving licence from another state

member

1-Companies wishing to provide driving education on national territory with

a view to obtaining a driving licence to be issued in another Member State of the Union

European or the European Economic Area shall, by mere prior communication,

inform the IMT, I.P., of this intention and observe the following duties:

a) Comply with national legislation with regard to the movement of cars in

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 141/XII/2.

15

national territory, including the duties of a fiscal nature;

b) Identify the vehicles of instruction in the terms of the porterie referred to in paragraph 1 of the

article 69;

c) Carry out specific civil liability insurance for the driving of cars

in the situation of instruction;

d) Ensure that the training is delivered by qualified driving instructors

in accordance with the law of the State member issuing of the driving licences

in cause.

2-Regarding the insurance provided for in paragraph (c) of the preceding paragraph:

a) The candidate the driver integrates its beneficiaries;

b) It may cover the damage of the driving instructor whose cause is negligence

serious of the candidate for the driver, provided that he has been persued by the parties;

c) They shall apply, with due adaptations, the contractual conditions approved by the

Institute of Insurance of Portugal, pursuant to Article 91 of the Decree-Law No

291/2007, of August 21.

Article 13.

Other training activities

1-Can also be taught in driving school, including in the schools referred to in the

n Article 2 (2), and may not coincide or prejudice the teaching of the teaching of the

driving to driver candidates:

a) The training for the certification of drivers in the area of transport

road;

b) The training of director of driving school and driving instructor;

c) Formative activity in the areas of road education, prevention and safety;

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 141/XII/2.

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d) The training for the upgrading of drivers.

2-The companies that explore driving schools and carry out the training actions

provided for in the preceding paragraph shall be subject to the constant requirements of the respect

sectoral legislation.

3-The driving schools that administer the courses referred to in the b ) of the number

previous shall be subject to the requirements set out in Articles 57 to 59 of this Law.

CHAPTER III

From schools of driving

Section I

Access to the exploration activity of driving schools

Article 14.

Access requirements

1-Without prejudice to the provisions of paragraph 6, access to the exploration activity of schools of

driving depends on the prior obtaining of licence issued for the purpose.

2-A licence referred to in the preceding paragraph shall be granted to companies, whether natural or collective,

that comply with the requirements set out in Articles 15 to 18.

3-The conditions of instruction of the application for leave shall be set by the porterie referred to in the

n Article 69 (1).

4-In the lack of express decision of the IMT, I.P., within a maximum of 60 days from the

submitting the application for leave, and checking the prior payment of the fees that if

show due under the present diploma, it is considered to be tacitly deinjured the

application for leave.

5-The model of the exploitative company license of driving schools is fixed by

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 141/XII/2.

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dispatch of the Chairman of the IMT Board of Directives, I.P., and may be replaced

by the vouchers for carrying out the respective application and payment of fees

due, in the case of tacit deferris and until the express license is issued.

6-In cases where acts which entail changes to the contents of the licence are occurring

exploitative company of driving schools this must be replaced.

7-Companies lawfully established in another member state of the European Union or of the

European Economic Area for the teaching of driving can open schools of

driving on national territory, provided that they carry out the prior communication provided in the

n Article 22 (2) and observe the requirements set out in Articles 15 to 18 in the article

23. and in the porterie referred to in Article 69 (1) of this Law.

8-Companies referred to in the preceding paragraph shall be subject to the requirements for exercise

applicable to companies licensed in Portugal, particularly to the constants of the

articles 24 to 31.

Article 15.

Idoneity

1-Without prejudice to the provisions of the following number, they consider themselves to be inidogenous for the financial year

of the exploration activity of conducting schools the natural or collective enterprises,

considering in the latter case the situation of the respective associates, managers or

administrators, who:

a) Be disabled, interned or suspended from the exercise of teaching activity

of the conduct, by administrative decision of which you are not able to appeal or by

sentencing sentence carried on trial;

b) Have explored closed driving schools compulsively in the

terms of Article 33;

c) Have either delivered, participated in or assisted the teaching of the

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 141/XII/2.

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driving in unlicensed premises, in vehicles that do not comply with the

provisions of Article 23 or by individuals not enabled for the purpose.

2-The inidoneity situations provided for in the preceding paragraph shall lapse decorated five

years after the decision that determined them, except if another deadline is fixed by decision or

sentence.

Article 16.

Incompatibilities

1-They cannot be exploitative companies of driving schools for natural persons or

collective persons, considering in the latter case the situation of the respective associates,

managers or administrators, who exercise the profession of a driving examiner or

that they exercise functions, to any title, in conducting examination centres.

2-A The mismatch provided for in paragraph 1 applies also to the spouse's respect, to the person

with whom to live in conditions analogous to that of the spouses, to the ascendants or

descendants, whenever they wish to exercise the activity in the district where they are carried out

the driving exams.

Article 17.

Technical capacity

1-A the driving school exploitative company must ensure the existence of a

appropriate internal structure and organization, with human resources in number

sufficient and enabled with the appropriate skills, which allow the

development of the activity of the teaching of the driving, according to the requirements

established and the number of schools that explore.

2-Are minimum requirements for benchmarking of technical competence:

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Proposal for Law No. 141/XII/2.

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a) A director of driving school responsible for the pedagogical coordination,

owing to the company having a minimum of one director per five schools of

driving explored on national territory;

b) Facilities and teaching equipment of appropriate training support, which

guarantee the quality of the training of driver candidates and accessibility,

mobility and convenience of its users, including citizens with

conditioned mobility;

c) At least one vehicle adapted to the teaching of driving by each category that

propose to provide.

3-A the exploitative company of driving schools should inform by mere communication

prior to IMT, I.P., whenever it wishes to affect vehicles to the teaching of driving.

4-Conditions relating to the requirement in the paragraph b ) of paragraph 2 and the terms of the

communication referred to in the preceding paragraph shall be set in the porterie referred to in paragraph 1 of the

article 69.

5-Can the temporary operation of driving school in facilities be allowed

provisional, provided that these have adequate conditions for the ministration of the

teaching of the conduct, in the terms to be defined by the porterie referred to in Article 69 (1).

Article 18.

Tax and contributory situation

1-A the exploitative school of driving schools should have their tax situation and

regularized contributory to the tax administration and social security,

respects.

2-For the purpose of obtaining the information referred to in the preceding paragraph, the person concerned shall

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 141/XII/2.

20

deliver to the IMT, I.P., statement of the tax situation and the contributory situation or

authorize the IMT, I.P., to access that information.

Article 19.

Maintenance of licensing requirements

1-The exploitative company licensing requirements of driving schools are from

permanent verification, owing to the entities holding the licence to substantiate their

compliance whenever this is requested by the IMT, I.P..

2-A supervenient lack of any of the licensing requirements provided for in the articles

15. to 18, it shall be met within 60 days of the notification of the IMT, I.P.,

to the effect.

3-The provisions of this Article shall apply, with due adaptations, to schools of

driving that operate on national territory pursuant to Article 14 (6).

Article 20.

Duties of driving school holders

They are duties of the exploitative companies of driving schools:

a) To ensure the maintenance of the requirements set out in Articles 15 to 18,

including in the new open driving schools on the duration of the licence;

b) Provide the school of driving instructors enabled to provide the teaching of the

driving on national territory that are holders of the professional title

respect;

c) Making available to the director of the driving school and the driving instructors

means necessary to update knowledge and pedagogical techniques

used in the teaching of driving;

d) Celebrate the training contracts provided for in Article 5;

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Proposal for Law No. 141/XII/2.

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e) Hiring a specific civil liability insurance for the conduct of

vehicles in an instruction situation, applying for the provisions of Article 2 (2)

12.

f) To ensure the permanent maintenance of the conditions of good accessibility,

conservation, comfort, hygiene and functionality of the facilities;

g) Provide schools with the driving of all the necessary teaching equipment

to ensure the quality of the training of the driver candidates and to ensure the

respects conditions of operation;

h) Acting in articulation with the director of driving school, having in view of

resolution of issues relating to driving instructors, staff

administrative, facilities and pedagogical equipment;

i) To ensure compliance with the provisions laid down in this Law relating to

prices, mandatory disclosure information and the conservation of the elements of

register;

j) Collaborate with the IMT, I.P., in the exercise of its surveillance activity and

follow-up, as well as attending the same institute whenever

notified to the effect;

k) Communicating the closure of driving schools.

Article 21.

Assignment

1-A the expression "School of Conduction" must precede the designation of the schools of

driving.

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2-A The designation of the driving school may not contain terms or expressions that may

delude the good faith of the driver candidates, constitute advertising contrary to the

principles of road prevention and safety or similar or similar to school of

driving already existing.

3-A exploitative school of driving school must inform, by mere communication

prior, the IMT, I.P., of the change in the designation of any driving school that

explore.

Article 22.

Start of activity

1-After the licensing, express or tacit, the school holding company of

driving has 60 days to start the activity, opening at least one school of

driving to the public.

2-A opening or changing of each driving school should be the object of mere

prior communication to the IMT, I.P., which contains the following elements:

a) Identification of the exploitative company;-

b) Indication of the location of the school concerned;

c) Identification of the scope of vocational education, instructors and vehicles of

instruction to it affections.

Article 23.

Vehicles of instruction

1-For the obtaining of Portuguese driving licence, they can only be used in the teaching of the

driving vehicles with the legally foreseen characteristics for the examination vehicles

and whose adaptation and processing for the teaching of the conduction is registered in the

Vehicle Identification Document.

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2-Exceed from the provisions of the previous number the vehicles adapted to citizens with

conditioned mobility, provided that the adaptation is found to be registered in the Document

of Identification of the Vehicle.

3-The criteria to be applied in the processing referred to in paragraph 1 shall be defined by deliberation

of the IMT's Board of Directive, I.P..

Section II

Exercise of activity

Article 24.

Information

1-A school of driving must disclose, in a visible way, the relevant information of

interest to the public, specifically:

a) The time of operation;

b) The price table;

c) The existence of a book of complaints;

d) The identification of the director of school of driving concerned;

e) The identification of the instructors that in it exert activity;

f) The number of driving schools that the company explores;

g) The categories of driving licence provided;

h) The number of vehicles affections to the exploitative company for each category.

2-Prices to be practising by the imparting of the teaching of the driving and other services

provided are freely established by the school of driving.

3-Prices may not be practiced that are not advertised and discriminated against in the

price table provided in paragraph b ) of paragraph 1.

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Article 25.

Scope of education

1-Without prejudice to the provisions of Article 31, the extension of the scope of education imparted

in a given school is the object of mere prior communication to the IMT, I.P.,

accompanied by the identification of the vehicle of instruction of the category that intends

provide, should this not integrate already the company's heritage, and the identification of new

director of school, should his company appear in the face of the provisions of Article 51 (2).

2-A restriction of the scope of instruction taught in a given school is the object of mere

prior communication to the IMT, I.P..

Article 26.

Elements of registration

1-A The driving school shall ensure the electro record of the following elements:

a) Number, content, hours and kilometres travelled from the lessons imparted to the

driver candidates;

b) Identification of the director and of the driving instructors to her affections;

c) Identification of the instructional vehicles to it affections.

2-Driving schools shall provide the IMT, I.P., the electronic access of the records

referred to in the previous number.

3-Registration elements must be kept by the school of driving for the period

minimum of five years.

4-A driving school shall not make any use of the registration elements referred to

in the preceding paragraphs beyond the purposes determined for their collection.

5-The format and access of the records referred to in paragraph 1 are set out in the porterie referred to in the

n Article 69 (1).

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Article 27.

Transfer of the candidate to the driver

1-Without prejudice to the provisions of Article 39 (12) of the RHLC, the transfer is permitted

of the candidate for the driver for another driving school, in the terms to be defined in the portaria

referred to in Article 69 (1), being accounted for the hours of training obtained

nother school of driving.

2-A The transfer of the candidate the driver shall be communicated to the IMT, I.P., by the school

of origin driving and must be accompanied by declaration of agreement of this.

Article 28.

Transmission of driving school

1-A driving school transmission is only admitted to licensed company under the terms

of this Act or which operate in national territory in accordance with Article 14 (7),

under penalty of nullity.

2-A The driving school transmission shall be reported to the IMT, I.P., within 30

days after its effectuation, with identification of the exploitative companies involved,

indication of the location of the school in question and still identification of the scope of teaching

respects, from instructors and instructional vehicles to it affections, when these elements

do not coincide with the elements before communicated to the IMT, I.P., pursuant to the

present law.

3-In the situations of transmission by death of the holder of the company, the head of couple has

of 60 days to communicate to IMT, I.P., the obvious and present the document

proof of the habilitation of heirlooms or the sharing of the goods.

4-As long as the sharing referred to in the preceding paragraph is not fulfilled, the requirements

provided for in Articles 15 to 18 shall be ensured by the head of couple or by a

business manager by you appointed, when the head of couple does not gather them.

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5-Case does not fulfil the requirements for the title of school exploitative company

of driving, the heirlooms have six months to proceed to the transmission of the

property of the driving school.

6-The requirement provided for in Article 18 shall be evidenced with reference to the goods of the

inheritance.

7-A The assignment of collective person shares of driving schools should be

communicated to IMT, I.P., within 60 days counted from the date of the transmission, owing

the new associates make proof that they meet the requirements set out in Articles 15 and

16.

Article 29.

Assignment of exploitation

The assignment of conducting school of conducting school to any title is prohibited.

Section III

Association of driving schools

Article 30.

Sharing of vehicles

1-Without prejudice to the provisions of the paragraph c ) of Article 17 (2), the sharing of the

instructional vehicles between exploitative companies of driving schools.

2-The conditions for sharing are set out in the porterie referred to in Article 69 (1).

Article 31.

Shared theoretical education of heavy vehicles

1-The exploitative companies of driving schools that administer the teaching of driving

of heavy vehicles can associate with exploitative schools of driving schools

with scope restricted to motorbikes and light vehicles for the ministration of

theoretical education of categories C1, C, D1 or D.

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2-A The association predicted in the previous number is object of mere communication to the IMT, I.P.

within 30 days after its effectuation, and allows the ministration of the theoretical education

specific to categories C1, C, D1 or D in the driving schools with scope of

restricted teaching to motorcycles and light vehicles, provided that they have a theory room of the

driving adapted to the theoretical education of categories C1, C, D1 or D, in the terms of

provisions of this Law and the porterie referred to in Article 69 (1).

3-In the cases provided for in the preceding paragraph, the driver candidates are considered

for purposes of purposely conducting the driving examination as candidates of the school of

driving where they are enrolled.

Section IV

Extinction of activity

Article 32.

Revocation of licence

1-A licence of conducting school of driving school is revoked by the IMT, I.P.,

when:

a) The dissolution of the license-holder entity occurs;

b) The company does not start its activity within 60 days after the issuance of the

license;

c) With the exception of the provisions of the paragraph b) of Article 17 (2), the company that

do cease to comply with any of the requirements set out in Articles 15 to 18;

d) The refusal to provide the electronic access of the elements of registration occurs

referred to in Article 26 (1);

e) The heirs do not proceed to the transmission of the company, in the terms provided for in the

n Article 28 (5);

f) The holder of the licence requires it.

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2-In the situations provided for in points d ) and and ) of the previous number the revocation only takes place

if the irregularities are not sanctioned within 90 days, after notification of the IMT,

I.P., for the purpose.

Article 33.

Compulsive driving school closure

1-The IMT, I.P., compulsorily ends driving schools, in the following cases:

a) When the conditions of hygiene, salubrity and the safety of the premises or the

your pedagogical equipment put in serious risk the physical integrity of the

people and the quality of teaching;

b) When the exploitative company does not proceed to the correction of the deficiencies in the

installations or the irregularities they are detached;

c) When it comes to the assignment of exploitation of the driving school;

d) When you check the revocation of the license pursuant to the provisions of the article

previous.

2-In the situations provided for in points a) and b) from the previous number, the shutdown can only

be determined if the irregularities are not sanctioned within 90 days after

notification of the IMT, I.P., for the purpose.

3-In the course of the compulsive closure procedure the measure can be enacted

provisional suspension of application for marking of examination of examination of candidates to

driver, in cases where the detached irregularities jeopardizes the quality

of the teaching of the conduction delivered.

4-For the compulsive closure of the driving schools referred to in Article 2 (2)

2., the IMT, I.P., avails itself of the administrative cooperation provided for in Article 71.

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CHAPTER IV

Of the driving instructors

Section I

General provisions

Article 34.

Profession of driving instructor

1-A The profession of driving instructor can only be exercised by persons possessing the

respects professional title, in the terms provided for in this Law.

2-The driving instructor can only provide the teaching of the driving in the categories

averaged in their professional title.

Article 35.

Duties of driving instructors

They are duties of the driving instructor:

a) Comply with the legal and regulatory provisions applicable to the teaching and examinations of

driving;

b) To provide the teaching of the conduct of the categories in which you are entitled;

c) Apply the programmatic contents in force using the methods and techniques

pedagogical and appropriate pedagogical equipment;

d) Informing the director of the school of driving on the evolution of learning from the

candidate the driver;

e) Behave with urbanity in their relationships with the driver candidates,

examiners and supervisory officers;

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f) Contribute to the proper functioning of the school of driving by informing the

director of any relevant occurrence;

g) Do not disturb the conduct of the driving exams;

h) Collaborate with the IMT, I.P., in the exercise of its surveillance activity and

follow-up, as well as attending the same institute whenever

notified to the effect.

Article 36.

Impediments

It cannot provide the teaching of the conduct the individual who:

a) Be an exercise examiner in exercise or exercise another activity, by title

free or onerous, in a driving examination centre;

b) Has been targeted as a measure of interdiction of the exercise of the profession of instructor of

driving, while the measure lases;

c) If you find it prohibited or inhibited from driving by the practice of road crime or

serious or very serious road counterordinance, while last the ban or

inhibition.

Section II

Access to the profession of driving instructor

Article 37.

Access requirements

1-Without prejudice to the provisions of Articles 48 and 49, they are requirements for access to the profession of

instructor:

a) 12. year of schooling or equivalent;

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b) Title of definitive driving licence of category B there are at least two

years;

c) Title to the certificate of teaching aptitude or certificate of skills

trainer pedagogics, or equivalent qualification, recognized under the terms of the

Law No 9/2009 of March 4, amended by Law No. 41/2012 of August 28;

d) Have attended training course for conducting instructor taught by

certified trainer entity;

e) Be approved in the examination held before the jury designated by the IMT, I.P.;

f) Suitability for the exercise of the profession, in the terms set out in points a ) and c ) from the

n Article 15 (1) of this Law;

g) Medical and psychological fitness, in the required terms for the Group's drivers

2.

2-The candidate for an instructor who does not post the requirement provided for in the c ) of the number

previous may attend at the same time the instructor-led course and the course of

initial pedagogical training of trainer, and must make proof of the completion of the course,

with harnessing, prior to the proposal to the instructor exam proofs.

Article 38.

Initial training course

1-The initial training course of conducting instructor is comprised of theoretical training

and practical training.

2-A theoretical training can be provided with recourse to teaching tools to the

distance, in accordance with the terms to be fixed by the porterie referred to in Article 69 (3).

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3-A practical training, in real context of conducting teaching, is composed of the

observation and teaching of practical lessons to applicants for category B driver and has

the maximum duration of one year.

4-A observation and the training referred to in the preceding paragraph are carried out in school of

driving and accompanied by instructor with at least five consecutive years of

experience.

5-Applicants to instructors in practical training must be bearers of declaration

proof of this quality, issued by the IMT, I.P., after approval in the theoretical proof.

6-The model of the document referred to in the preceding paragraph shall be fixed by dispatching the

chairman of the IMT Directive, I.P., and advertised on the site of the internet of that

institute.

7-A organization, duration and contents of the initial training course of instructors of

driving are defined by the porterie referred to in Article 69 (3).

8-The instructor-led candidates who do not complete the practical training on the deadline referred to in the

n. 3 should restart the training course.

Article 39.

From the exam

1-The examination of access to the profession of driving instructor is comprised of the following

evidence:

a) Theoretical proof written or by multimedia system;

b) Practical proof.

2-Upon completion of the theoretical training, the candidate for the instructor must apply at the time

of 30 days, the carrying out of the theoretical proof, provided for in the paragraph a ) of the previous number.

3-After approval in the theoretical proof, the candidate for the driving instructor must start the

practical training.

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4-After completion of the practical training, the candidate for an instructor must apply within

30 days the realization of the practical proof, provided for in the paragraph b ) of paragraph 1.

5-A The deprecation or the lack of any of the evidence determines the exclusion of the candidate to

instructor of the examination process, which can be restarted with frequency dispensation of

initial training course for a single time, within the maximum term of two years.

6-The contents and procedures of the exam proofs are defined in the portaria

referred to in Article 69 (3).

Article 40.

Theoretical proof

1-A theoretical proof is carried out by the IMT, I.P., or by entity by this designated, in room

equipped with a monitor for each candidate, which can transmit simultaneously

images, figures or other type of multimedia application and respect issues.

2-The result of the theoretical proof is communicated at the end of the proof to the candidate and on the deadline

from 10 days to the trainer entity, owing to practical training in real context of

teaching of the conduct commentary in the 30 days subsequent to this last communication.

Article 41.

Practical proof

1-A practical proof consists of:

a) Imparting a lesson in theory of common provisions to all categories,

in the terms of the RHLC;

b) Verification of practical skills in driving;

c) Teaching of a category B practice lesson, in real context of teaching the

driving.

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2-A The evidence referred to in the preceding paragraph is assessed by jury designated by the IMT, I.P., which

evaluates the provision of the candidate to the instructor and fills out an evaluation report, whose

model is fixed by dispatching of the Chairman of the IMT Board of Directive, I.P., and

stated on the site of the internet of that institute.

3-The jury referred to in the preceding paragraph shall include an instructor with at least five

years of experience.

4-Applicants for driving instructors approved in the practical exam are enabled to

exercise the profession of instructor of categories B1 and B, after requiring the issuance of the

respects professional title.

Section III

Teaching of the teaching of the conduct of the remaining categories

Article 42.

Requirements

1-A imparting the teaching of the driving of categories AM, A1, A2, A, BE, C1, C1E, C,

CE, D1, D1E, D and DE depends on the filling by the instructor of the following

requirements:

a) Instructor of category B for at least three years;

b) Be a holder of the driving licence of the category whose teaching it intends to provide for,

at least two years;

c) Frequency of specific training course of categories A, C, D or E, as

the category of education to which it is intended to enable;

d) Approval in the specific examination proofs of the categories referred to in paragraph

previous.

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2-The requirement set out in paragraph a ) of the previous number is reduced to one year, in the case of

the instructor to be a licence holder of the categories whose teaching intends to provide

there are at least five years.

3-A approval in the exam proofs for categories A, C, D and E allows for the ministration

of the teaching of the conduct of the following categories:

a) Category A: entitates to categories AM, A1, A2 and A;

b) Category C: entitates to categories C1 and C;

c) Category D: habilitates to categories D1 and D;

d) Category E: habilitates to categories C1E, EC, D1E and DE.

Article 43.

Specific training courses for categories A, C, D and E

It applies to the specific training of categories A, C, D and E the provisions of Article 38, with

the necessary adaptations.

Article 44.

Category E

1-A The teaching of the teaching of categories C1E, EC, D1E and DE depends on the exercise of the

category C driving instructor activity for the categories C1E and EC and the

category D for categories D1E and DE.

2-A specific training and approval in exam proofs of the category E are only required

in the first habilitation of the categories referred to in paragraph d) of Article 42 (3).

3-Driving instructors who are holders of the category BE driving licence there are

more than three years can provide the teaching of the conduct of the same category, with

dispensation of the frequency of specific training course and approval in evidence of

examination.

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Article 45.

Proofs of examination for averaging of categories A, C, D and E

1-The examination referred to in point d ) of Article 42 (1) shall be constituted by proof

practice where the jury observes the ministration of a lesson of driving practice of the

category to which the instructor is intended to enable, in real context of formation to

candidate the driver.

2-Applies to the practical evidence of categories A, C, D and E the provisions of Article 41, with the

necessary adaptations.

Section IV

Exercise of the profession of driving instructor

Article 46.

Issuance of the professional title

1-To the candidates for instructors approved in the practical proof is issued professional title.

2-The professional title model is fixed by order of the President of the Council

Directive of the IMT, I.P., and advertised on the site of internet of that institute.

Article 47.

Exercise of the profession

1-In the exercise of the profession of instructor, the requirements set out in the points f ) and g ) of paragraph 1

of Article 37 are of permanent verification.

2-The professional title of instructor is valid for the period in it indicated, being the limits

of the period of validity of the professional title corresponding to the dates on which your

holder peres 30, 35, 40, 45, 50, 55 and 60 years of age and subsequently by category

of vehicle, in accordance with the periods provided for the revalidation of the respective charter of

driving.

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3-The professional title shall be revalidated in the six months prior to the expiry of the validity,

upon frequency with taking advantage of updating course, the organization of which,

duration and contents are established by the porterie referred to in Article 69 (3).

4-The instructors who do not revalidate the professional title until the expiry of their validity, in the

terms of the preceding paragraph or, as to the securities referred to in paragraph 4 of the following article,

under the law of the State member state of origin, they are prevented from exercising the

profession while not revalidating the said title.

5-In the case provided for in the preceding paragraph, the instructors established on national territory

they have two years to revalidate the professional title, deadline of which this

let it be allowed to be revalidated.

6-In the case of expiry provided for in the preceding paragraph, new title may be required

professional of driving instructor, upon approval in the evidence provided for in paragraph 1

of Article 39 or through new process of recognition of qualifications, in the

terms of the following article.

7-In the processes of revalidation of the instructor licence and the driving licence can be

used the same certificate of medical and psychological assessment.

Article 48.

Driving instructors from other member states of the European Union or of the

European Economic Area

1-The national citizens of State member of the European Union or the Economic Area

European whose qualifications have not been obtained in national territory and that in this

if they wish to establish as a driving instructors acheem to the profession by the

recognition of their qualifications, pursuant to Law No. 9/2009, of March 4,

amended by Law No. 41/2012 of August 28, particularly of section I of its

chapter III and of its Article 47, provided that they possess the requirements set out in the subparagraphs f )

and g ) of Article 37 (1).

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2-In the situations of recognition of qualifications provided for in the preceding paragraph is

issued the professional title provided for in Article 46 (2), by staying the instructors

subject to the remaining requirements of exercise of the profession set out in this Law.

3-The national citizens of another member state or of the European Economic Area and

there legally established for the exercise of the profession of driving instructor

may exercise this profession in national territory in an occasional and sporadic manner,

pursuant to Article 6 of Law No 9/2009 of March 4, as amended by Law No 41/2012,

of August 28, becoming subject to the requirements for the exercise of the established profession

by this Act and which are applicable to them, attentive to the temporary nature of the provision,

notably, to the requirement that they are valid driver's licence holders for the

categories of vehicles whose teaching they wish to provide and to the requirements set out in

articles 34, 35, 36, and 50.

4-In the terms of the qualifications recognition procedure referred to in the number

previous one, the IMT, I.P., issues professional title of driving instructor, whose model is

approved by dispatch of the Chairman of the Board of Directive of the institute and appear in his

site in the internet .

5-The allowable compensation measures pursuant to the legislation referred to in paragraphs 1 and 3

are regulated by the porterie referred to in Article 69 (3).

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

in case of justified need, be accompanied by translation in a simple form.

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Article 49.

Equivalence of the qualification of instructor of military and security forces

The monitors of the teaching of the conduct of the military and security forces, after the

obtaining leave or low of service, as well as after the passage to availability, à

reservation, pre-retirement or retirement, may, within two years and upon

application to the IMT, I.P., obtain professional title of valid instructor for the ministration

of the teaching of the conduct, in the categories in which they are enabled to provide

training, as long as they possess as literary habilitations the minimum schooling required in the

present law.

Article 50.

Revocation of the professional title of instructor

1-The IMT, I.P., revokes the professional title to the instructor who:

a) Have imparted, participated in or assisted the teaching of conducting education

in unlicensed premises or in vehicles that do not comply with the provisions of the

article 23;

b) Have been sentenced by sentence carried forward on trial for crime practiced in the

exercise of the profession.

2-The professional title holder of revoked instructor may apply for the issuance of new

professional title, decorated five years after the definitive decision to revocation,

upon approval in the examination referred to in Article 39 (1) or through new

process for recognition of qualifications pursuant to Rule 48.

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CHAPTER V

Of the directors of driving school

Section I

General provisions

Article 51.

Director of driving school

1-A activity of driving school director can only be exercised by individual

certified by the IMT, I.P., pursuant to Art. 53 or 55, as the case applicable.

2-A the operator school of driving school has compulsorily available to at least

a duly certified director and enabled to provide teaching for the categories

of vehicles to which the set of the explored driving schools is dedicated, without

injury to the provisions of the final part of the ( a ) of Article 17 (2).

3-The director of the school of driving can only provide the teaching of driving in schools

explored by the company where it exerts that activity.

4-The director of the driving school shall designate an instructor who replaces him in his

lines and impediments and which is responsible for the counterordinations provided for in the paragraph c )

of Article 64 (2), while last the replacement.

5-A temporary replacement of the director of driving school must be reported to the

IMT, I.P., within the maximum of two days, counted from the beginning of the replacement.

6-A temporary replacement of the director of driving school may not exceed 45 days

in each calendar year.

7-A definitive replacement of director of driving school is object of mere

prior communication to the IMT, I.P..

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Article 52.

Duties of the director of driving school

1-Are duties of the director of driving school:

a) Drive the activity of the schools explored by the company to provide duties,

in the pedagogical aspets related to the teaching of driving;

b) Managing the administrative activity of driving schools, particularly in what

respects the teaching and examinations of driving;

c) Coordinate, guide and scrutinize driving instructors in the exercise of their

activity;

d) Ensure a continuous and regular presence and supervision in the schools where it exercises

functions;

e) To promote the updating of knowledge of driving instructors;

f) Ensure the adoption of the teaching methodologies best suited to the teaching of

driver candidates;

g) To ensure the planning of the training and to guarantee the records of the evolution of the

learning of driver candidates;

h) Make the formative assessment of the driver candidates;

i) Elaborate document containing the training imparted to the candidate for the driver

in the event of a transfer of the driving school;

j) Analyse the registration of complaints and propose appropriate solutions, under the terms of

applicable law;

k) Communicate to the company to provide duties on the issues concerning the

driving instructors, the activity of the teaching of the driving, the facilities and

pedagogical means of the schools explored;

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l) Collaborate with the IMT, I.P., in the exercise of its surveillance activity and

follow-up, as well as attending the same institute whenever

notified to the effect.

2-The director of driving school shall record the formative assessments of the candidates to

conductor under the conditions defined by the porterie referred to in Article 69 (3), in a manner

to ensure compliance with the provisions of the g ) of the previous number.

Section II

Access to the activity of driving school director

Article 53.

Access requirements

1-Without prejudice to the provisions of Article 55, the access to the activity of school principal of

driving depends on the filling of the following requirements:

a) 12. year of schooling or equivalent;

b) Have a valid professional title of driving instructor for at least five years;

c) Title to the certificate of teaching aptitude or certificate of skills

trainer pedagogics, or equivalent qualification, recognized under the terms of the

Law No 9/2009 of March 4, amended by Law No. 41/2012 of August 28;

d) Have attended the training course for director of driving school

delivered by certified trainer entity;

e) Be approved in the exam held by IMT, I.P..

2-The conditions for training and conducting the examination of the director of driving school

are defined by the porterie referred to in Article 69 (3).

3-Applicants to director of driving school who fail or fail can repeat the

examination with dispensation, for a single time, of course frequency of training.

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4-In case of approval in the examination referred to in para. and ) of paragraph 1, the IMT, I.P., issues the

corresponding certificate.

Section III

Exercise of the activity of director of driving school

Article 54.

Certificate of director of driving school

1-The certificate of conduction school principal issued pursuant to the previous article is

valid as long as if it holds valid for its professional title of driving instructor.

2-When you check out the set out in Article 47 (5), the certificate of director of

driving school can be reacquired upon approval in the exam provided in the

point ( and ) of paragraph 1 of the previous article, with dispensation of the frequency of the training course.

3-The model of the driving school principal certificate is fixed by dispatching the

chair of the IMT's Board of Directive, I.P..

Article 55.

Directors of other member states of the European Union or Space

European Economic

1-The national citizens of State member of the European Union or the Economic Area

European whose qualifications have not been obtained in national territory and in this se

intend to establish as directors of driving schools achedto the activity by the

recognition of their qualifications pursuant to Law No. 9/2009 of March 4,

amended by Law No. 41/2012 of August 28, particularly of section I of its

chapter III and its Article 47.

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2-In the situations of recognition of qualifications provided for in the preceding paragraph is

issued the certificate provided for in Article 54, by staying the principals of schools of

driving subject to the remaining requirements of exercise of the profession constant in the present

law.

3-The allowable compensation measures pursuant to the legislation referred to in paragraph 1 are

regulated by the porterie referred to in Article 69 (3).

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

in case of justified need, be accompanied by translation in a simple form.

Article 56.

Revocation and expiry of the certificate of director of school of driving

1-The certificate of director of driving school is revoked to the director convicted of

crime practiced in the exercise of the profession with sentence transitioned on trial.

2-The holder of the revoked driving school principal certificate may apply for the

issuance of new certificate, decorated 5 years after the definitive decision to revocation,

provided that you observe the one set out in Article 54 (2) or through new process of

recognition of qualifications, pursuant to Article 55.

3-A revocation or expiry of the professional title of instructor issued pursuant to the

article 53 determines the expiry of the certificate of conduction school principal.

CHAPTER VI

Forming entities

Article 57.

Certification of trainer entities

1-A certification of trainer entities of instructors and directors of driving schools

follows the trames provided for in the specific regulation of the certification of entities

trainers, with the following adaptations:

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

b) They cannot be certified as trainer entities of instructors of

driving and directors of driving schools the entities that develop

activities associated with the driving exams;

c) Trainers must possess, as minimum literary habilitations, 12 th year of

schooling and the skills for the exercise of the profession of instructor or, in

alternative, the graduation in area appropriate to the subjects to be provided, without prejudice

of the recognition of qualifications obtained outside Portugal by trainers

citizens of State member of the European Union or the Economic Area

European, pursuant to Law No. 9/2009, of March 4, amended by the Law

n. 41/2012 of August 28;

d) The other specific requirements, in addition or derogation from the requirements

constants of the specific regulation of the certification of formative entities,

are approved by the porterie referred to in Article 69 (3).

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

communicated to the relevant central office of the ministry responsible for the area of

vocational training, within 10 days.

3-It is not recognized validity to the courses taught in national territory by entity

non-certified trainer.

Article 58.

Communication of training courses

1-Certified entities certified pursuant to this Law and regulation

specific to the certification of trainer entities must present to the IMT, I.P., mera

prior communication, pursuant to the provisions of the paragraph b ) of Article 8 (2) of the

Decree-Law No. 92/2010 of July 26, concerning each training course, with

indication of the following elements:

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a) Identification of the action to be delivered, with a start date, duration, time of

operation and place;

b) Copy of the course formation manuals or electronic access to these by the IMT,

I.P.;

c) Identification of trainers and respect qualifications, unless it has already been

previously delivered in the IMT, I.P., in which case that reference is sufficient;

d) Identification of trainees.

2-The provisions of the preceding paragraph shall apply to the legally forming entities

established in another member state of the European Union or of the economic space

european to provide courses equivalent to those referred to in paragraph 1 that they wish to

provide training courses in national territory, which are in accordance with this Law, in a way

occasional and sporadic, in the terms of the porterie referred to in Article 69 (3).

Article 59.

Duties of the forming entities

They are the duties of the forming entities, including those who provide occasional services and

sporadic in national territory, in regime of free provision of services:

a) Communicate in advance to the IMT, I.P., the realization of the training actions, in the

terms of the previous article, and its amendment, in advance of 10 and 3 days,

respects, and carry out them in accordance with the communication effected;

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

carried out by the IMT, I.P.;

c) Provide the IMT, I.P., the elements concerning the exercise of the activity, whenever

such they are asked for;

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

in national territory, as well as the individual processes of the trainees;

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e) Communicating to the IMT, I.P., within 10 days, the change of headquarters or

principal establishment in national territory, in the applicable cases.

Article 60.

Technical-pedagogical monitoring

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

which aims, inter alia, to support and encourage the quality of the training, through the

effective control of your compliance with the conditions and terms legally

established.

2-Forforming entities established in national territory, annually, shall send

to the IMT, I.P., report of the activity, pursuant to the porterie referred to in paragraph 3 of the article

69.

Article 61.

Registration

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

training activity and the sanctions that are applied to them under this Act.

CHAPTER VII

Sanctionatory regime

Article 62.

Surveillance

1-Without prejudice to the powers of the security forces, the surveillance of compliance

of the provisions of this Law shall compete with the IMT, I.P..

2-When the sanctionatory procedure is not in its competence, the IMT, I.P.,

communicates to the competent entities the irregularities verified.

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3-The entities referred to in the preceding paragraphs may proceed, together with the persons

singular or collective that develop any of the activities foreseen in the present

law, to the verifications and investigations necessary for the exercise of its competence

supervising, under the law.

Article 63.

Suspension cautionary

1-Within the scope of a review action may be determined the closure

temporary from the facilities of the driving school, when:

a) The conditions of hygiene, salubrity and security of them, as well as their

pedagogical equipment, put at serious risk the safety of people and the

quality of teaching;

b) Facilities and pedagogical equipment do not comply with the declared in the

business licensing processes exploitative of driving schools or from

prior communication of opening school of driving.

2-The temporary closure of the premises has the maximum period of 90 days.

3-During the temporary closure period the school permit holder of

driving should correct irregular situations and apply for a survey to IMT, I.P., which

checks whether the irregularities have been corrected.

4-Should the driving school licence holder have not proceeded to the correction of the

irregularities that led to the temporary closure of the premises, is closed

compulsorily the school of driving concerned, under Rule 33.

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Article 64.

Counterorders

1-Constituent counterordinate punishable with fine from 2 to 500.00 EUR to 12 500.00 EUR and of

5 000.00 EUR to 25 000.00 EUR, as it is a natural or a collective person,

respects:

a) The holding of school of driving by company without a licence, in violation of the

provisions of Article 14 (1);

b) The teaching of the teaching of the driving by individual without a professional title of

instructor, in violation of the provisions of Article 34,

c) The exercise of the activity of conduction school principal by individual without the

certification provided for in Article 51 (1);

d) The exercise of the training activity by uncertified entity under the terms of the

article 57;

e) The teaching of the teaching of driving in a vehicle that does not comply with the statuary in the

article 23, without prejudice to the provisions of Article 7.

2-Constituent counterordinate punishable with fine of 250.00 EUR to 1 250.00 EUR and of

500.00 EUR to 2 500.00 EUR, as it is a natural or a collective person,

respects:

a) The violation of the duties of the conducting school licence holder, established

in Article 20;

b) The violation of the duties of the driving instructor, set out in Article 35;

c) The violation of the duties of the director of driving school, established in the article

52.

d) The violation of the duties of the certified trainer entity, established in the article

59.

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e) The failure to comply with the communication obligations provided for in this Law;

f) The non-compliance by the candidate for the driver of the obligation laid down in paragraph 7 of the

article 8.

3-Constituent counterordinate punishable with fine from 1 to 000.00 EUR to 5 000.00 EUR, the non

compliance with the provisions relating to the tutor provided for in Article 7.

4-A negligence and the attempt are punishable by reducing to half the minimum limits and

maximum amounts of the fines.

5-The voluntary payment of the fines provided for in this Law shall always be admissible.

Article 65.

Ancillary sanctions

1-In the case of the counterordinations provided for in points a ) a c ) of paragraph 2 of the previous article

it may also be applied to the ancillary sanction of suspension of the operating licence of

driving schools, the professional title of instructor and the certificate of director of

school of driving, for the period of 30 days to one year, respectively.

2-A The execution of the ancillary sanction provided for in the preceding paragraph may be suspended in the

cases in which the fine is found to be paid and the offender has not been convicted of the

practice of counterordinance to this law in the last three years.

3-Any of the securities suspended pursuant to paragraph 1 shall be handed over by its holder to the

IMT, I.P., under penalty of seizure.

Article 66.

Processing of the counterorders

1-A The instruction and processing of the counterordinations provided for in this Law

compete for IMT, I.P., and observe the general regime of the counter-ordinations.

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2-A The application of the fines and ancillary sanctions is the competence of the Board of Directors

of the IMT, I.P..

Article 67.

Fate of fines

The product of the fines applied reverses in favour of the following entities:

a) 60% for the State;

b) 30% for the IMT, I.P.;

c) 10% for the entity that raised the auto.

CAPITV VIII

Final and transitional provisions

Article 68.

Dematerialization of acts and procedures

1-All applications, communications and notifications provided for in this Law and in the portaries

referred to in Article 69 (1) and (3) are effected by means of electronic means, through the

electronic information platform of the IMT, I.P., accessible through the one-stop shop

electrolyte of the services referred to in Article 6 of the Decree-Law No. 92/2010, 26 of

July, being admissible any other legal means whenever that platform does not

is available.

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

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

statements from administrative entities, the provisions of the Decree-Law apply

n. º14/2007, of January 19, and in the d) of Article 5 of the Decree-Law No. 92/2010, of

July 26.

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3-A information provided in the context of the procedures laid down in this Law is

confirmed by the IMT, I.P., on the basis of the taxpayers ' records, in the register

commercial, in the records of social security, in the criminal record and by recourse to the

administrative cooperation referred to in Article 71, if applicable.

4-A verification of information with recourse to national databases is effectuated

automatically upon submission of the applications at the single electro-electronic counter of the

services, through the interconnection to the databases of public bodies

competent, holders of the information, and the information made available to be

restricted to the verification of the requirements set out in this Law.

5-A information referred to in the previous number concerning the taxpayers is confirmed

via link to the data base of the Tax and Customs Authority (AT), in the

terms to be defined in protocol signed between the IMT, I.P., and the AT.

6-A information of the identification data of the applicants and the commercial register referred to

in paragraph 4 is confirmed through the link to the database of the Institute of Registries and

Notariat, I.P., in the terms to be defined in protocol to be concluded between the IMT, I.P., and that

public institute.

7-A information referred to in paragraph 4 relating to the regularization of the contributory situation to the

social security is confirmed and updated through linkage to the database of the

social security, in the terms to be defined in protocol to be concluded between the IMT, I.P., the

Institute of Social Security, I.P., and the I.P. Institute of Informatics, and which can never

to provide information in addition to the existence or not of debts to social security.

8-A The information referred to in paragraph 4 concerning the criminal record is confirmed through the

connection to the database of the General Directorate of the Administration of Justice (DGAJ), nos

terms to be defined in protocol to be concluded between the IMT, I.P., and the DGAJ.

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9-The protocols referred to in paragraphs 5 a to 8 shall realize the purpose of the processing of the

information, the categories of the holders and the data to be analysed and the conditions of their

communication to the entities involved, specify the security measures adopted,

as well as the controls to which the users of the system are to be subjected, the

conditions under which periodic audits are to be carried out at terminals,

subjected to the prior assessment of the National Data Protection Commission.

Article 69.

Regulation

1-Without prejudice to the provisions of the following paragraphs, this Law shall be regulated

by portaria of the member of the Government responsible for the area of transport, within

90 days after its publication.

2-A The regulation of the provisions of Article 11 shall be effected by the porterie of the

members of the Government responsible for the areas of justice and transport.

3-A regulations laid down in Chapters IV to VI of this Law shall be effected by

would pore from the members of the Government responsible for the areas of employment and the

transport.

Article 70.

Mutual recognition

1-Under the terms of the a) of Article 11 (1) of the Decree-Law No. 92/2010 of 26 of

July, there can be no duplication between the requirements demanded for the authorisation and the

exercise of activity of the driving schools, professionals and entities

trainers provided for in this Law and the equivalent requirements and controls, or

comparable as to the purpose, to which the applicant has already been subjected to

Portugal or in another member state.

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2-The provisions of the preceding paragraph shall not apply to the fulfilment of the conditions

directly referring to physical installations located on national territory, to the

contents for the ministration of the theoretical education with a view to obtaining letter of

conduction of another member state of the European Union or Economic Area

European, nor to the respect of controls by competent authority.

3-Without prejudice to the provisions of the preceding paragraphs, the mutual recognition of

requirements for qualifications to be governed by the provisions of Law No. 9/2009, 4 of

March, amended by Law No. 41/2012, of August 28.

Article 71.

Administrative cooperation

For the purposes of the application of this Law, the competent authorities shall participate in

administrative cooperation in the framework of procedures relating to business, professional

and forming entities from other member states, as well as companies

to administer the teaching of the conduct referred to in Article 2 (2), in the terms of the

provisions of Chapter VI of Decree-Law No 92/2010 of July 26 and in paragraph 2 of the article

51. of Law No. 9/2009 of March 4, amended by Law No. 41/2012 of August 28,

particularly through the Internal Market Information System.

Article 72.

Integration into the National System of Qualifications

1-A The training and certification established by this Law shall be articulated with the

National catalogue of Qualifications, pursuant to the applicable law, in a manner

contribute to the lifting of the skill levels.

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

Qualification and Teaching Professional, I.P., and Directorate-General of Employment and Relations of the

I work, in articulation with the IMT, I.P., according to the respective competences.

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Article 73.

Fees

1-It is due to payment of fees to the IMT, I.P., by the acts concerning graduations,

issuance of professional securities, certifications and prescribing and handling of communications

provided for in this Law, at the time of the presentation of the respects required or

communications.

2-The rates referred to in the preceding paragraph shall be set by the porterie of the Government Member

responsible for the area of transport and constitute revenue of the IMT, I.P.

Article 74.

Autonomous regions

1-The acts and procedures necessary for the implementation of this Law in the Regions

Autonomous of the Azores and Madeira compete for the entities of the respects

regional administrations with assignments and competences in the subjects concerned.

2-Pursuant to Art. 17 (1) of the Decree-Law No. 92/2010 of July 26, the

controls exerted, either by the central administration bodies or by the services

competent of the administrations of the autonomous regions under this Act are

valid for the entire national territory, excepted those referring to certain

physical facilities.

Article 75.

Transitional provisions

1-The exploitative schools of conducting school lewdholders of school of

driving issued prior to the entry into force of this Law are considered

licensed under this Act, without prejudice to the provisions of the following paragraphs.

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2-The alvwill holders of the existing driving schools at the date of the entry into force of the

present law they have 180 days to appear before the IMT, I.P., the requirement

provided for in Article 18, under penalty of revocation of the alvshall by the IMT, I.P., with the

consequences provided for in this Act for the revocation of the operating licence of

schools of driving.

3-The exploitative companies of driving schools possessing licensed vehicles

for instruction prior to the entry into force of this Law shall proceed with the registration in

Vehicle Identification Document of the adaptation and transformation of the vehicle to

the teaching of the conductor, before submitting it to the periodic inspection, pursuant to the

Decree-Law No. 144/2012 of July 11.

4-The licenses of driving school subdirector issued under the Decree-Law

n. 86/98, of April 3, are worth as certificates of director of school conduction in the

terms of this Law, and shall be substituted officious and free of charge at the time

of the revalidation of the respective instructor-led license.

5-The driving instructor's licences issued under the Decree-Law No. 86/98, 3

of April, are worth as professional titles pursuant to this Law.

6-The driving instructors whose licences have lapsed under the scheme provided for in the

Decree-Law No. 86/98 of April 3, benefit from the scheme provided for in paragraph 5 of the article

47. of this Law.

7-Instructed instructors before the entry into force of this Law may replace,

for a single time, the frequency of the instructor update course by the frequency,

with harnessing, from the course of instructional training of trainer.

8-The driving instructors who have obtained the modality of driving theory to the

shelter from Decree-Law No. 86/98 of April 3, they are exempted from the theoretical proof of

specific provisions in the habilitation process to the driving of categories A1, A2 and

A.

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9-The driving instructors who have obtained the modality of conducting technique to the

shelter from Decree-Law No. 86/98 of April 3, they are exempted from the theoretical proof of

specific provisions in the habilitation process to the driving of categories C1, C, D1

and D.

10-Instructed instructors before the entry into force of this Law participating in the

practical training of the instructor candidates provided for in Article 38 (4) shall

possess instructional certification of trainer.

11-The forming entities authorized on the date of the entry into force of this Law shall

obtain, within one year, certification in accordance with Article 57.

12-The default of the provisions of the preceding paragraph shall determine the expiry of the

recognition.

Article 76.

Abrogation standard

They are revoked:

a) The Decree-Law No. 86/98 of April 3, with the amendments introduced by the Law

n. 51/98 of August 18 by the Decree-Law No. 315/99 of August 11 and by the

Decree-Law No. 127/2004 of June 1.

b) The Regulatory Decree No. 5/98 of April 9, with the amendments introduced

by Regulatory Decree No. 20/2000, of December 19, and by the Decree

Regulation No 22/2004 of June 7.

c) The Portaria No. 790/98 of September 22, with the amendments made by the

Portaria No. 528/2000 of July 28.

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Article 77.

Entry into force

This Law shall come into force 90 days after the date of its publication.

Seen and approved in the Council of Ministers of April 17, 2013

The Prime Minister

The Minister of the Presidency and Parliamentary Affairs