Advanced Search

RS 741.521 Order of 15 June 2007 regulating the admission of drivers to the carriage of persons and goods by road (Guidelines for the admission of drivers, OACP)

Original Language Title: RS 741.521 Ordonnance du 15 juin 2007 réglant l’admission des conducteurs au transport de personnes et de marchandises par route (Ordonnance réglant l’admission des chauffeurs, OACP)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

741.521

Order regulating the admission of drivers to the carriage of persons and goods by road

(Driver admission order, OACP)

15 June 2007 (State 1 Er September 2009)

The Swiss Federal Council,

Having regard to art. 15, para. 4 and 5, 25, para. 2, let. B and d, 103, para. 1, and 106, para. 1, of the Federal Act of 19 December 1958 on Road Traffic 1 ,

Stops:

Section 1 General provisions

Art. 1 Purpose

This ordinance regulates the admission of drivers to the carriage of persons and goods by road, their continuing education and the requirements to be fulfilled by the continuing training centres.

Art. 2 Intake Condition

1 The person who wishes to transport persons with motor vehicles of category D or sub-category D1 must hold the certificate of capacity for the transport of persons.

2 A person who wants to transport goods with motor vehicles of category C or sub-category C1 must hold the certificate of capacity for the carriage of goods.

3 Drivers domiciled abroad must hold a Swiss certificate of capacity to work in a company established in Switzerland.

Art. 3 Exceptions

The certificate of capacity shall not be required of drivers of vehicles:

A.
That are used for the transportation of persons or goods for private purposes;
B.
Whose maximum permissible speed does not exceed 45 km/h;
C.
Who are assigned to the services of the army, the police, the firemen, the customs administration or the civil protection, or used on the terms of reference of those services;
D. 1
Which are used for road tests or for transfers used for technical improvement, repair or maintenance;
D Bis . 2
New or transformed are not yet in circulation;
E.
Which are used in emergency situations or for rescue missions;
F.
Which are used for learning, exercise or examination courses, to the official control to which they are to be subjected or within the framework of such official control;
G.
Used to transport equipment or equipment used by the driver in the performance of his or her trade, provided that the driving of the vehicle absorbs up to one half of the working time on average weekly;
H.
Who are assigned exclusively within a company and who can only borrow the public road with official authorization.

1 New content according to the c. I of O du 22 oct. 2008, effective from 1 Er Seven. 2009 ( RO 2008 5571 ).
2 Introduced by c. I of O du 22 oct. 2008, effective from 1 Er Seven. 2009 ( RO 2008 5571 ).

Art. 4 Courses during vocational training

1 In Switzerland only, a driver may transport persons or goods without the holder of the capacity certificate for a maximum of one year if he is the holder of the driver's licence for the vehicle used and if he acquires the driver's licence. During this time the knowledge and skills mentioned in the Annex in the course of vocational training. Truck driver apprentiders may transport goods without holding the certificate of capacity for the duration of their training. 1

2 The township in which the business is based must have approved the unrecognized training programs at the federal level.

3 For races, the driver must carry a copy of the apprenticeship contract or other document by which his employer certifies that he or she is undergoing vocational training in accordance with para. 1.


1 New content according to the c. I of O du 22 oct. 2008, effective from 1 Er Seven. 2009 ( RO 2008 5571 ).

Art. 5 Drivers domiciled in a Member State of the EC and EFTA States

Drivers domiciled in a Member State of the European Community or of the European Free Trade Association and drivers employed by an undertaking established in a State of the European Community or of the European Association of Free trade must be holders of the certificate of fitness in accordance with Directive 2003 /59/EC 1 .


1 Directive 2003 /59/EC of the European Parliament and of the Council of 15 July 2003 on the initial qualification and continuous training of drivers of certain road vehicles assigned to the carriage of goods or passengers, amending Regulation (EEC) No O 3820/85 of the Council and Council Directive 91 /439/EEC and repealing Council Directive 76 /914/EEC, OJ L 226, 10.9.2003, p. 4, as last amended by Directive 2006 /103/EC (OJ L 363, 20.12.2006, p. 344)

Section 2 Certificates of capacity

Art. 6 Conditions

1 The certificate of capacity for the carriage of persons shall be issued to holders of the driving licence of category D or of sub-category D1 who have passed the theoretical and practical examinations provided for in Art. 10 to 15.

2 The certificate of capacity for the carriage of goods shall be issued to the holders:

A.
The federal certificate of "truck driver" capacity, or
B.
Of the Class C or sub-category C1 driver's licence who have successfully completed the theoretical and practical examinations provided for in s. 10 to 15.

3 The certificate of capacity of holders of a driving licence of sub-category D1 and of the certificate of capacity for the carriage of persons, once they have passed the driver examination for category D, is also valid for this Category without further examination.

4 The certificate of capacity of holders of a driving licence of sub-category C1 and of the certificate of capacity for the carriage of goods, once they have passed the driver examination for category C, is also valid for This category without further examination.

Art. 7 Drivers coming to settle in Switzerland

For drivers coming to Switzerland or employed by a company established in Switzerland, the respective certificate of capacity shall be issued without examination:

A.
If a corresponding authorisation is included in their foreign driving licence or attested by the driver qualification card provided for in Annex II to Directive 2003 /59/EC; or
B.
They hold a national certificate that the Federal Roads Office (OFROU) recognizes as equivalent.
Art. 8 Competent authority

Certificates of capacity are issued:

A.
By the canton of domicile;
B.
Persons domiciled abroad, by the canton where the undertaking employing them is established.
Art. Duration of validity and issuance 1

1 The certificate of capacity is valid for five years.

2 It shall be renewed for five years in five years, when its holder justifies attendance at continuous training in accordance with Art. 16 to 20.

3 The certificate of capacity shall be issued with an indication of the duration of validity, as follows:

A.
Registration in the driver's licence as a supplementary indication (Art. 24 C , let. E, of the order of 27 October 1976 regulating admission to road traffic, OAC 2 ), or
B.
Establishment of a separate card on the model of the driver's qualification card referred to in Annex II to Directive 2003 /59/EC 3 . 4

4 The data on the separate card must match those of the driving licence on the basis of which it was established. If the driver's licence is to be replaced, a new card must be requested. 5


1 New content according to the c. I of O du 22 oct. 2008, effective from 1 Er Seven. 2009 ( RO 2008 5571 ).
2 RS 741 .51
3 Directive 2003 /59/EC of the European Parliament and of the Council of 15 July 2003 on the initial qualification and continuous training of drivers of certain road vehicles assigned to the carriage of goods or passengers, amending Regulation (EEC) No O 3820/85 of the Council and Council Directive 91 /439/EEC and repealing Council Directive 76 /914/EEC (OJ L 226, 10.09.2003, p. 4)
4 New content according to the c. I of O du 22 oct. 2008, effective from 1 Er Seven. 2009 ( RO 2008 5571 ).
5 Introduced by ch. I of O du 22 oct. 2008, effective from 1 Er Seven. 2009 ( RO 2008 5571 ).

Section 3 Examinations

Art. 10 General information

In the course of the theoretical and practical examinations, applicants must demonstrate that they possess the basic knowledge and skills necessary for the transport of persons or goods in accordance with the Annex.

Art. 11 Admission to the Examination

1 To be admitted to the theoretical examination, the applicant must be the holder of the driver's licence of the corresponding category or sub-category. Holders of a Class C or Class C1 driver's licence who wish to obtain the certificate of capacity for the transportation of persons are admitted to the theoretical examination if they have reached the minimum age for obtaining a licence Of driving of sub-category D1 or category D (art. 6, para. 1, let. E, OAC 1 ).

2 To be admitted to the general part of the practical examination provided for in s. 14, para. 2, the candidate must have passed the theoretical examination under s. 12 and hold the driver's licence or driver's licence for the vehicle used. Admission to the examination race under s. 14, para. 3, is governed by Schedule 12, c. I, OAC.

3 To be admitted to the combined examination (art. 14 Bis ), the candidate must have passed the theoretical examination under s. 12, para. 1, let. A, and hold the driver's licence or driver's licence for the vehicle used. Admission to the examination race under s. 14, para. 3, is governed by Schedule 12, c. I, OAC. 2


1 RS 741.51
2 Introduced by ch. I of O du 22 oct. 2008, effective from 1 Er Seven. 2009 ( RO 2008 5571 ).

Art. 12 Theoretical examination

1 The theoretical examination includes:

A.
Multiple choice questions, direct response questions, or a combination of the two systems; and
B.
Case studies.

2 Candidates for the certificate of capacity for the carriage of persons or for the carriage of goods shall reply to a question at least by subject matter required by the Annex for all categories and sub-categories, except for c. 1.3.

3 Candidates for the certificate of capacity for the transport of persons must also reply to a question at least by subject matter required by the Annex for category D and sub-category D1.

4 Candidates for the certificate of capacity for the carriage of goods must also answer a question to the minimum required by the material required by the Annex for category C and sub-category C1.

5 The minimum duration of the theoretical examination is four hours. The additional theoretical examination for the obtaining of the driving licence of category C or D or of sub-category C1 or D1 shall be considered an integral part of the theoretical examination; its duration shall be counted in those four hours.

Art. 13 Dispense of Parts of the Review

1 The holders of the certificate of capacity for the carriage of persons who wish to obtain the certificate of capacity for the carriage of goods must answer exclusively the questions set out in Art. 12, para. 4.

2 Holders of the Certificate of Capacity for the transportation of goods who wish to obtain the Certificate of Capacity for the transportation of persons are required to answer exclusively the questions in s. 12, para. 3.

3 Holders of a certificate of capacity in accordance with the third section of the order of 1 Er November 2000 on the admission of passenger and freight carriers by road 1 Are exempt from the parts of the examination for which they are already qualified.


Art. 14 Practical examination

1 The practical exam consists of a general part and a test run.

2 The general part must be carried out by any candidate for a certificate of capacity. It must be kept to a minimum on the hp. 1.4, 1.5, 1.6, 3.2, 3.3 and 3.5 of the schedule and its minimum duration is 30 minutes. It is mandatory to use a vehicle of the class or sub-category with which the applicant wishes to transport persons or goods.

3 The examination race shall be carried out by any holder of the driving licence of sub-category C1 or D1. It makes it possible to see whether it is able to demonstrate conduct that is as respectful of other users and concerned with safety as it is environmentally friendly and energy efficient. The minimum duration of this race is 30 minutes. It is mandatory to use a motor vehicle that meets the requirements for a review vehicle of the relevant sub-category (Schedule 12, c. OAC 1 ).


Art. 14 Bis 1 Combined examination

The theoretical examination provided for in Art. 12, para. 1, let. B, and the general portion of the practical examination provided for in s. 14, para. 2, may be combined in one examination.


1 Introduced by ch. I of O du 22 oct. 2008, effective from 1 Er Seven. 2009 ( RO 2008 5571 ).

Art. 15 Repetition

1 The person who fails the theoretical examination or the general part of the practical examination under s. 14, para. 2, can repeat the parts twice that it did not work.

2 The repetition of the examination race under s. 14, para. 3, is governed by s. 23 OAC 1 .


Section 4 Continuing education

Art. 16 Mandatory Continuing Education

1 The person who wishes to extend the period of validity of his certificate of capacity for the transport of persons or his certificate of capacity for the carriage of goods must follow the prescribed continuous training within five years before The expiry date of their validity. She must undergo this continuing education in a certified continuing training centre.

2 If continuous training has not been completed on time, the authority may, upon request, extend the certificate of capacity by a maximum of one month by written authorization.

3 The extension of a certificate of capacity for the carriage of persons or for the carriage of goods whose validity has expired must be recorded when the holder has received complete continuous training. Continuous training courses taken in the previous five years will be counted within 35 hours.

Art. 17 Purpose and content

1 The purpose of attendance at continuous training is to maintain the knowledge and skills necessary for drivers to carry out transport of persons and goods in accordance with the Annex.

2 Continuing education must include both theoretical and practical matters. It must address themes:

A.
Valid for all drivers, with priority given to road safety issues and strategies for environmentally friendly and energy-efficient vehicle use; and
B.
Adapted to the professional profile of the driver concerned.
Art. 18 Duration

1 The holder of the certificate of capacity for the transport of persons or of the certificate for the carriage of goods, or both, must justify the attendance of 35 hours of continuous training in order to obtain the extension.

2 Continuing education may be followed in the form of a one-week or one-day course. The minimum duration of a one-day course is 7 hours.

Art. 19 Course Attestation

Continuous training centres shall issue a certificate of course to the participants.

Art. Ongoing overseas training

Foreign certificates of attendance for continuous training shall be recognized as equivalent:

A.
Whether the continuing education has been fully or partially followed in the course of employment with a company established outside Canada;
B.
If the course organizer is approved as a provider of continuing training courses in a Member State of the European Community or of the European Free Trade Association in accordance with Annex I, Section 5 of Directive 2003 /59/EC.

Section 5 Continuous training centres

Art. Licensing

1 Continuous training centres must be approved by the canton where they have their headquarters.

2 Accreditation is granted:

A.
Whether management guarantees an irreproachable administration of the continuing training centre and a qualified supervision of the teaching;
B.
If the centre of continuous training has sufficient teachers within the meaning of art. 23;
C.
If it has suitable premises and equipment and, if it proposes practical courses of continuous training, whether it has appropriate training vehicles;
D.
If it has a continuing training programme specifying the themes in accordance with the annex and indicating the plan of implementation and the teaching methods envisaged; and
E.
It manages a system guaranteeing the quality of the teaching of subjects and the achievement of the objectives of continuing training.
Art. Revocation of approval

The canton where the training centre continues has its seat revoked if its conditions are no longer met or if no continuing training courses have been held there for more than two years.

Art. Authorization for teachers

1 A person who wishes to work as a teacher in a continuing education centre requires an authorization to teach.

2 The authorisation to teach is granted by the applicant's home canton; it is valid throughout Switzerland.

3 The person who wishes to obtain such authorisation must be 25 years old and submit to the competent authority of the canton where the person has his domicile a request accompanied by a Curriculum vitae , indications of the activity that it has carried out to date and professional certificates.

4 The authorization is issued:

A.
Whether the applicant justifies the necessary specialist knowledge as well as sufficient teaching and didactic skills;
B.
If he or she has exercised for at least three years a profession that qualifies him to teach the necessary knowledge and skills;
C.
If it has a past guaranteeing an irreproachable exercise of the profession.

5 The person who wishes to give practical courses of continuous training must also be authorised to teach driving with a motor vehicle or with a set of vehicles of categories C, D, CE and DE, as well as Sub-categories C1, D1, C1E and D1E, or be the holder of the authorization to train apprentice drivers under s. 20, para. 2, OAC 1 Or prove that she has taken an equivalent course. 2

6 The authorisation may be withdrawn from the holder who no longer fulfils the conditions of para. 4, let. A and c, or al. 5.


1 RS 741 .51
2 New content according to the c. I of O du 22 oct. 2008, effective from 1 Er Seven. 2009 ( RO 2008 5571 ).

Art. 24 Use of driving simulators

Some of the continuing training can be given in driving simulators if they meet the requirements of the Ordinance of 28 September 2007 on Driving Instructors 1 .


Section 6 Criminal law

Art. 25

The person who has carried out the carriage of persons or goods without the required certificate of capacity shall be liable to the fine.

Section 7 Final provisions

Art. 26 Executing

1 The cantons:

A.
Organize examinations to obtain certificates of capacity;
B.
Issue and extend capacity certificates;
C.
Decide on the accreditation of continuing training centres;
D.
Issue authorisations for teachers of continuing education centres;
E.
Supervise the completion of continuing training courses;
F.
Approve in-service training programs that are not yet federally recognized;
G.
Take into account the taking into account of ongoing training carried out abroad.

2 They may delegate the execution of these tasks to third parties.

3 The OFROU may issue instructions on the enforcement of this order. It may authorise derogations from certain provisions to prevent cases of thoroughness.

Art. 27 Transitional provisions

1 And 2 ... 1

3 Persons who are holders of the driving licence of category C or D or of sub-category C1 or D1 before 1 Er September 2009 can claim the continuing vocational training courses they have taken as of 1 Er January 2007 as part of continuing training under s. 16 to 20 if they can prove in writing that ongoing training includes themes consistent with the schedule.

4 Admission authorities may issue to undertakings wishing to be approved as a training centre the provisional authorisation to organise continuing training courses if they are recognised to date as course organisers As part of the minimum training for obtaining a driving licence from category C or D (art. 6, para. 3 Bis And art. 8, para. 2 Bis , OAC 2 ) And may show plausibly that they meet the requirements of s. 21. The provisional authorisation shall be valid until the ordinary accreditation as a continuing training centre, but for a maximum of two years. No interim authorization will be issued as of 1 Er September 2011.


1 Repealed by c. I of O du 22 oct. 2008, with effect from 1 Er Seven. 2009 ( RO 2008 5571 ).
2 RS 741.51

Art. 27 A 1 Transitional provisions relating to the amendment of 22 October 2008

1 Persons who have obtained the driving licence of category C or sub-category C1 before 1 Er September 2009 will only need the certificate of capacity for the transport of goods from 1 Er September 2014. If it is proved that the applicant has followed the continuing education provided for in s. 16 to 20, the certificate of capacity will be issued without further examination:

A.
For a period up to 31 August 2019 in the event that it files its application before 1 Er September 2014;
B.
For a period of five years in the case where he files his application from 1 Er September 2014.

2 Persons who have applied for a driver's licence or a driver's licence in Category C or sub-category C1 before 1 Er September 2009 passes the driving test under the old law. Once they have passed the driving test, the certificate of capacity will be issued to them without further examination for a period of five years.

3 Persons who have obtained the driving licence of category D or sub-category D1 before 1 Er September 2008 will need the certificate of capacity for the transport of persons only from 1 Er September 2013. If it is proved that the applicant has followed the continuing education provided for in s. 16 to 20, the certificate of capacity will be issued without further examination:

A.
For a period up to 31 August 2018 in the event that it files its application before 1 Er September 2013;
B.
For a period of five years in the case where he files his application from 1 Er September 2013.

4 Persons who have obtained the driving licence of category D or sub-category D1 between 1 Er September 2008 and August 31, 2009 will obtain a certificate of capacity for the transportation of persons without further examination for a period of five years.

5 Persons who have applied for a driver's licence or a driving licence from category D or sub-category D1 before 1 Er September 2009 passes the driving test under the old law. Once they have passed the driving test, the certificate of capacity will be issued to them without further examination for a period of five years.


1 Introduced by ch. I of O du 22 oct. 2008, effective from 1 Er Seven. 2009 ( RO 2008 5571 ).

Art. 28 Entry into force

1 This Order comes into force, subject to para. 2, 1 Er January 2008.

2 Art. 2 to 20, 24, 25, 26, para. 1, let. A, b, e and g, and 27 enter into force 1 Er September 2009.

Annex

(art. 10 and 16)

Knowledge and skills required to obtain and extend capacity certificates

1. Further development of rational, security-oriented conduct

All categories and subcategories

1.1
Objective: Know the characteristics of the kinematics chain to optimize its use
-
Couple Curves
-
Power curves
-
Engine specific consumption curves
-
Optimal Usage Area of the Towers
-
Speed box reporting diagrams
1.2
Objective: To know the technical characteristics and the functioning of the safety organs in order to control the vehicle, to minimise the wear and tear and to prevent malfunctions
-
Dual circuit braking device
-
Brake and Slow Use Limits
-
Combined use brakes and slowness
-
Optimal compromise search speed and box report
-
Use of vehicle inertia
-
Use of deceleration and braking means during descents
-
Attitude to be adopted in the event of failure
1.3
Objective: Be able to optimize fuel consumption
-
Knowledge translation of items 1.1 and 1.2

Categories C and CE and subcategories C1 and C1E

1.4
Objective: Be able to ensure a load according to safety instructions and proper use of the vehicle
-
Forces for moving vehicles
-
Use of gearbox reports according to vehicle load and road profile
-
Calculation of the payload of a motor vehicle or a set
-
Calculation of the useful volume
-
Load Distribution
-
Consequences of axle overload
-
Vehicle Stability and Gravity Centre
-
Types of Packaging and Support
-
Major categories of goods requiring stowage
-
Sizing and stowage techniques
-
Using stowage straps
-
Checking docking devices
-
Use of handling means
-
Sleeping and Dropping Out

Categories D and DE and subcategories D1 and D1E

1.5
Objective: Be able to ensure the safety and comfort of passengers
-
Correct estimation of longitudinal and lateral movements of the vehicle
-
Sharing the Outfitters
-
Placement on the carriageway
-
Braking flexibility
-
Counterfeit Work
-
Use of specific infrastructure (public spaces, dedicated lanes)
-
Management of conflicts between safety driving and other driver functions
-
Interaction with Passengers
-
Specifics of the transport of certain groups of passengers (disabled, children)
1.6
Objective: Be able to ensure a load according to safety instructions and proper use of the vehicle
-
Forces for moving vehicles
-
Use of gearbox reports according to vehicle load and road profile
-
Calculation of the payload of a motor vehicle or a set
-
Load Distribution
-
Consequences of axle overload
-
Vehicle Stability and Gravity Centre

2. Application of regulations

All categories and subcategories

2.1
Objective: Understand the social environment of heavy traffic and its regulation
-
Requirements for duration of work and rest, including the use of tachograph
-
Basic and category specific road requirements
-
New road requirements entered into force
-
Rights and obligations of drivers in the field of continuing education

Categories C and CE and subcategories C1 and C1E

2.2
Objective: Know the regulations relating to the carriage of goods
-
Transport Authorizations
-
Obligations arising from standard contracts
-
Drafting of documents for the transport contract
-
International Transport Authorizations
-
Obligations under the Convention of 19 May 1956 on the Contract for the International Carriage of Goods by Road 1
-
Drafting of the international consignment note
-
International freight transport
-
Specific Accompanying Documentation

Categories D and DE and subcategories D1 and D1E

2.3
Objective: Know the regulations for the carriage of passengers
-
Transport of specific groups
-
Security equipment on board buses
-
Security Belts
-
Loading the vehicle

3. Health, road safety, fight against crime, branding, economic environment, service, logistics

All categories and subcategories

3.1
Objective: Be aware of road hazards and accidents at work
-
Typology of accidents at work in the transport sector
-
Traffic accident statistics
-
Traffic accidents involving heavy goods vehicles, coaches and minibuses
-
Their human, material and financial consequences
-
Prevention of accidents
3.2
Objective: Be able to prevent crime and illegal immigration
-
General Information
-
Implications for drivers
-
Preventive Measures
-
Checklist
-
Legislation on corporate responsibility
3.3
Objective: Prevent physical hazards
-
Ergonomics
-
Risk Gestes and Postures
-
Physical condition
-
Handling Exercises
-
Individual Protections
3.4
Objective: Be aware of the importance of physical and mental fitness
-
Principles of a healthy and balanced diet
-
Influence of alcohol, drugs and narcotics
-
Influence of fatigue and stress
-
Activity/rest cycle
3.5
Objective: Appropriate emergency behaviour
-
Assess Situation
-
Avoid the on-accident
-
Prevent disaster relief
-
Rescue the wounded, first aid
-
React in case of fire (evacuate passengers or other occupants)
-
Ensuring passenger safety
-
Responding to an assault
-
Write friendly findings
3.6
Objective: Be able to adopt behaviours that contribute to the branding of a company
-
Importance to the company of the quality of the driver's benefits
-
Different roles of the driver
-
Different interlocutors of the driver
-
Vehicle Maintenance
-
Organization of work
-
Consequences of a trade and financial dispute

Categories C and CE and subcategories C1 and C1E

3.7
Objective: Knowledge of the economic environment
-
Transport of goods using motor vehicles in relation to other modes of transport (competition, shippers)
-
Different activities of freight transport
-
Organization of Major Types of Freight Carriers
-
Different transport specializations (tanks, etc.)
-
Evolution of the sector

Categories D and DE and subcategories D1 and D1E

3.8
Objective: Knowing the business environment
-
Passenger transport using motor vehicles in relation to other modes of passenger transport (p. Ex. Rail)
-
Different activities of passenger transport
-
International Passenger Transportation
-
Organization of the main types of passenger transport undertakings


State 1 Er September 2009