Rs 741.521 Order Of June 15, 2007, Regulating The Admission Of Drivers To Transport People And Goods By Road (Ordinance Regulating 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$20 per month, or Get a Day Pass for only USD$4.99.
741.521 order regulating the admission of drivers to transport people and goods by road (Ordinance regulating the admission of drivers, OACP) June 15, 2007 (State on September 1, 2009) the Swiss federal Council, view the art. 15, al. 4 and 5, 25, al. 2, let. b and d, 103, al. 1, and 106, al. 1, of the Federal Act of 19 December 1958 on the traffic, stop: Section 1 provisions general art. 1 purpose this order regulates admission of drivers to transport people and goods by road, their training and the requirements that must complete continuing education centers.

Art. 2 admission requirement the person who wants to transport people with motor vehicles of category D or subcategory D1 must be awarded the certificate of capacity for the transport of persons.
The person who wants to transport goods with motor vehicles of subcategory C1 or category C must be the holder of the certificate of capacity for the carriage of goods.
Drivers domiciled abroad must be a certificate of Swiss ability to work in a company based in Switzerland.

Art. 3 exceptions the certificate of capacity is not required of vehicle drivers: a. which are used for the transport of persons or goods for private; b. purposes whose maximum speed does not exceed 45 km/h; c. that are assigned to services of the army, the police, fire department, Administration of customs or the civil protection , or still used on mandate of such services; (d) which are used for tests on road or for transfers of technical improvement, repair or maintenance purposes; d., new or processed, are not yet in circulation; e. which are used in situations of emergency or for rescue missions; f. which are used to learning races exercise or review, to go to the official control to which they will be subjected or under official control; (g) which are used to carry equipment or equipment that the driver uses in the exercise of his profession, provided that driving the vehicle absorbs maximum half of working time on average weekly; h. affected exclusively within a company and who don't always borrow the way public only with permission official.

New content according to section I of the October 22 O. 2008, in force since 1 sept. 2009 (RO 2008 5571).
Introduced by section I of O from 22 oct. 2008, in force since 1 sept. 2009 (RO 2008 5571).

Art. 4 races during the professional training in Switzerland only, a driver may perform transport of people or goods without being awarded the certificate of capacity for a maximum of one year if he holds the license for the used vehicle and meanwhile acquires the knowledge and skills referred to in the annex as part of a vocational training. People doing an apprenticeship as a truck driver can perform transport of goods without being holders of the certificate of capacity for the duration of their training.
The canton where the company has its headquarters must have approved training programs not recognized at the federal level.
For racing, the driver must take a copy of the contract of learning or of another document by which his employer certifies professional trained under para. 1. new content according to section I of the October 22 O. 2008, in force since 1 sept. 2009 (RO 2008 5571).

Art. 5 drivers domiciled in a Member State of the EC and EFTA drivers domiciled in a State member 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 Free Trade Association must be holders of the certificate of fitness in accordance with directive 2003/59/EC.

Directive 2003/59 / EC of the European Parliament and of the Council of 15 July 2003 on the initial qualification and training continues drivers of certain road vehicles used for the transport of goods or passengers, amending Regulation (EEC) n 3820/85 as well as directive 91/439/EEC of the Council and repealing directive 76/914/EEC of the Council OJ L 226 of 10.9.2003, p. 4, as last amended by directive 2006/103/EC (OJ L 363 of the 20.12.2006, p. 344) Section 2 certificates of capacity art. 6 conditions of capacity for the transport of persons is issued to holders of the D category or subcategory D1 licence who passed the theoretical and practical exams provided by the art. 10 to 15.
The certificate of capacity for the transport of goods is issued to holders: a. the federal certificate of capacity of 'truck driver', forgotten the source. driving the C category or subcategory C1 who managed knowledge and practical tests laid down in art. 10 to 15.

Certificate of ability of holders of a licence of the subcategory D1 and the certificate of capacity for the transport of people, once they have passed the examination of driver for category D, is also valid for this category without additional review.
The certificate of capacity of holders of a licence of subcategory C1 and the certificate of capacity for the carriage of goods, once they have passed the examination of driver for category C, applies to this category without additional review.

Art. 7 drivers coming to settle in Switzerland drivers coming to settle in Switzerland or used by an undertaking established in Switzerland, the respective ability certificate is issued without examination: a. If a corresponding approval is registered in their foreign driving license or certified by the driver qualification card provided for in annex II of directive 2003/59/EC; forgotten the source. If they are a national certificate that recognizes the federal Office for roads (ASTRA) equivalent.

Art. 8 competent authority the ability certificates are issued: a. by the canton of residence; (b) for residents abroad, by the canton where the company employing them is established.

Art. 9 period of validity and issuing the certificate of capacity is valid for five years.
It is renewed for five years in five years, when its holder justifies the attendance of training in accordance with the art. 16 to 20.
Capacity is issued with an indication of the period of validity in the following way: a. registration in the driver's license as an additional indication (art. 24, let. e, the order of October 27, 1976, regulating admission to road traffic, OAC), forgotten the source. establishing a separate map on the model of the qualification of the driver card referred to in annex II of directive 2003/59/EC.

The separate card data must be consistent with those of the licence on the basis of which it was established. If the license needs to be replaced, a new card must be requested.

New content according to section I of the October 22 O. 2008, in force since 1 sept. 2009 (RO 2008 5571).
RS 741.51 Directive 2003/59 / EC of the European Parliament and of the Council of 15 July 2003 on the initial qualification and training continues drivers of certain road vehicles used for the transport of goods or passengers, amending Regulation (EEC) n 3820/85 as well as directive 91/439/EEC of the Council and repealing directive 76/914/EEC of the Council (OJ L 226 of 10.09.2003 the (, p. 4) new content according to section I of the October 22 O. 2008, in force since 1 sept. 2009 (RO 2008 5571).
Introduced by section I of O from 22 oct. 2008, in force since 1 sept. 2009 (RO 2008 5571).

Section 3 reviews art. 10 General with the theoretical and practical examinations candidates must demonstrate that they have the knowledge and basic skills necessary to perform transport of persons or goods, in accordance with the annex.

Art. 11 admission to the examination to be admitted to the theoretical exam, the candidate must hold licence driver student category or the corresponding subcategory. Holders of a driving licence of category C or subcategory C1 who want to get the certificate of capacity for the transport of persons admitted to the theoretical examination if they have reached the minimum age for obtaining a driver's license of the subcategory D1 or D category (art. 6, para. 1, let e, OAC).
To be admitted to the general part of the practical examination under art. 14, al. 2, the candidate must have passed the theoretical examination provided for in art. 12 and be licensed to student driver or the driver's license for the used vehicle. Admission to the race of review under art. 14, al. 3, is governed by Schedule 12, ch. I, OAC.
To be admitted to the combined review (art. 14), the candidate must have passed the theoretical examination provided for in art. 12, al. 1, let. a, and be licensed to student driver or the driver's license for the used vehicle. Admission to the race of review under art. 14, al. 3, is governed by Schedule 12, ch. I, OAC.

RS 741.51

Introduced by section I of O from 22 oct. 2008, in force since 1 sept. 2009 (RO 2008 5571).

Art. 12 theoretical review the theoretical exam includes: a. of the multiple-choice questions, any questions direct response or a combination of the two systems; ETB. case studies.

Candidates for the certificate of capacity for the transport of persons or for the transport of goods must answer a question by matter required by Annex for all categories and subcategories, with the exception of section 1.3.
Candidates for the certificate of capacity for the transport of people must also answer a question at least by material required by Annex for the D category and subcategory D1.
Candidates for the certificate of capacity for the transport of goods must also answer a question at least by material required by Annex to the C category and subcategory C1.
The minimum duration of the theoretical examination is four hours. The further theoretical examination for obtaining the licence of the category C or D or the subcategory C1 or D1 is considered as part of the theory test. its duration will be counted in those four hours.

Art. 13 waiver of certain parts of the examination the certificate of capacity for the transport of people who want to get the certificate of capacity for the carriage of goods must exclusively answering questions provided for in art. 12, al. 4. holders of the certificate of capacity for the carriage of goods who want to get the certificate of capacity for the transport of persons must exclusively answering questions to the art. 12, al. 3. holders of a certificate of capacity in line with section 3 of the order of 1 November 2000 on admission of carriers of passengers and goods by road are exempted from parts of the examination for which they are already qualified.

SR 744.103 art. 14 practical examination practical examination includes a general part and a race of review.
The general part should be done by every candidate for a certificate of capacity. It must cover at least points 1.4, 1.5, 1.6, 3.2, 3.3 and 3.5 of the annex and its minimum duration is 30 minutes. It is mandatory to use a vehicle of the category or subcategory in which the candidate wishes to perform the transport of people or goods.
The race of review must be performed by all of the subcategory C1 or D1 licence holder. It allows to see if it is able to conduct respectful of other users and concerned about security as environment friendly as well and efficient in terms of energy. The minimum duration of this course is 30 minutes. It is mandatory to use a motor vehicle that meets the requirements for a review of the relevant subcategory vehicle (annex 12, ch. V, OAC).

RS 741.51 art. Combined 14Examen the theoretical review under art. 12, al. 1, let. b, and the general part of the practical examination under art. 14, al. 2, can be combined in a single review.

Introduced by section I of O from 22 oct. 2008, in force since 1 sept. 2009 (RO 2008 5571).

Art. 15 repeat the person failed the knowledge test or the general part of the practical examination provided for in art. 14, al. 2, can be repeated two times the parties that it was not successful.
The repetition of the race of review under art. 14, al. 3, is governed by art. 23 OAC.

RS 741.51 Section 4 training continues art. 16 mandatory continuous training the person who wants to extend the validity of its certificate of capacity for the transport of people or its certificate of capacity for the transport of goods must follow the training prescribed in the five years before the expiry of their validity. It must follow this training in an authorized training center.
If training could not be followed in time, the authority may, on request, extend the certificate of capacity to a maximum of one month by written authorization.
The extension of a certificate of capacity for the transport of persons or for the transport of goods whose validity has expired must be registered when its holder has followed a complete training. Training courses during the preceding five years will be counted in 35 hours.

Art. 17 purpose and content training attendance is intended to maintain up-to-date knowledge and skills required for drivers to carry out transport of people and goods, in accordance with annex.
Training shall include theoretical and practical material. It must address themes: a. valid for all drivers, priority being given to the useful topics to road safety and strategies for use of the vehicle environment-friendly and efficient energy; ETB. adapted to the professional profile of the driver concerned.

Art. 18 time the holder of the certificate of capacity for the transport of persons or of the certificate for the transport of goods, or both, must justify attendance of 35 hours of training to get the extension.
Continuing education can be followed in the form of a course of one week or one day course. The minimum duration of a course of a day is 7 hours.

Art. 19 certificate training centres must issue a certificate to the participants.

Art. 20 continuous training followed abroad Foreign attendance of training certificates are recognized equivalent: a. If training was followed entirely or in part on the job with a company established abroad; (b) if the organizer of the course is accredited as provider of training courses continues in a Member State of the Community European or Association European of free trade in accordance with Annex I , section 5, of directive 2003/59/EC.

Section 5 Training Centres continues art. 21 approval of continuous training centres must be approved by the Township where they have their headquarters.
Authorisation has been granted: a. If management ensures impeccable training center administration and monitoring qualified education; (b) if the continuing education center has of enough teachers in the sense of art. 23; c. If it has a local and appropriate material and it offers practical training classes, if there are vehicles of training; d. If he has a training program continues specifying the themes in accordance with annex and indicating the execution plan and methods of instruction envisaged; summer. If he manages a system guaranteeing the quality of the teaching of the subjects and the realization of the objectives of the training continues.

Art. 22 revocation of accreditation the canton where the center of continuous training is headquartered revokes approval if its conditions are no longer met or if no courses not organized summer for more than two years ago.

Art. 23 authorization for teachers who wish to work as a teacher in a training centre needs permission to teach.
The authorization to teach by the canton of domicile of the applicant; It is valid in all Switzerland.
The person who wishes to obtain this authorization must be 25 years of age and submit to the competent authority of the canton where it has its home a request along with a resume, to information on activity that she exercised up to that day and professional certificates.
The authorization is issued: a. If the applicant has the necessary expertise as well as pedagogical and didactic skills sufficient; (b) if he has served for three years at least a profession which qualified him to teach the knowledge and skills necessary; c. If there a past guaranteeing an impeccable exercise of the profession.

The person wishing to give practical training courses shall also be licensed to teach driving a motor vehicle or combination of vehicles of categories C, D, THIS and subcategories C1, D1, C1E and D1E, or still hold the permission of train drivers apprentices under art. 20, al. 2, OAC or prove that she followed an equivalent course.
Authorisation may be withdrawn to the licensee which no longer meets the conditions of the al. 4, let. a and c, or of the al. 5 RS 741.51 new content according to section I of the October 22 O. 2008, in force since 1 sept. 2009 (RO 2008 5571).

Art. 24 use of driving simulators a part of in-service training can be given in driving simulators if the latter meet the requirements of the Ordinance of September 28, 2007 on the driving instructors.

RS 741.522 Section 6 provision criminal art. 25. the person who has made transport of people or goods without the certificate of capacity required will be punishable by fine.

Section 7 provisions final art. 26 execution the cantons:

a. organize exams to obtain certificates of ability; b. issue and extend the ability certificates c. decide for the accreditation of training centres; d. deliver the licences for centres of training teachers; e. supervise the realization of continuous training courses; f. approve job training programs that are not yet recognized at the federal level; g. decide on taking into account the continuous training abroad.

They can delegate these tasks to third parties.
FEDRO may establish instructions on the execution of this order. It may authorize derogations from certain provisions to prevent the case of hardship.

Art. 27 transitional provisions and...
People who are holders of the licence of the category C or D or the subcategory C1 or D1 before September 1, 2009 may assert professional continuing education courses they have taken as of January 1, 2007, to the title of the training provided for in arts. 16 to 20 if they can prove in writing that continuous training includes topics in line with annex.
Admission authorities can deliver to companies wishing to be approved as training centre continues the provisional authorization to organize training courses continues if they are recognized to this day as organizers of courses as part of the basic training for obtaining a driver's license in the category C or D (art. 6, para. 3 and art. 8) al. 2, OAC) and can show plausibly that they meet the conditions of art. 21. the provisional authorization is valid until regular accreditation as a training center, but for up to two years. More no temporary permit will be issued after September 1, 2011.

Repealed by section I of O from 22 oct. 2008, with effect from Sept. 1. 2009 (RO 2008 5571).
RS 741.51 art. Transitional 27aDispositions respecting the amendment of October 22, 2008 people having obtained licence of the C category or subcategory C1 before September 1, 2009 will need the certificate of capacity for the carriage of goods only from September 1, 2014. If it is proved that the claimant followed the training provided for in arts. 16 to 20, the certificate will be issued without further consideration: a. for a period up to August 31, 2019 in the case where he files his application before September 1, 2014; (b) for a period of five years in the case where filing from September 1, 2014.

People who have filed their application driver or student of the C category or subcategory C1 licence before 1 September 2009 exam of conduct under the previous law. Once they passed the driving test, the certificate of capacity issued them without further examination for a period of five years.
The people who have received the D category or subcategory D1 license before September 1, 2008 will need the certificate of capacity for the transport of people until September 1, 2013. If it is proved that the claimant followed the training provided for in arts. 16 to 20, the certificate will be issued without further consideration: a. for a period up to August 31, 2018 in the case where he files his application before September 1, 2013; (b) for a period of five years in the case where filing from September 1, 2013.

People having obtained licence category D or subcategory D1 between September 1, 2008 and August 31, 2009 will receive a certificate of capacity for the transport of people without further examination for a period of five years.
The people who filed their application for permit student driver or the D category or subcategory D1 license before September 1, 2009 exam of conduct under the previous law. Once they passed the driving test, the certificate of capacity issued them without further examination for a period of five years.

Introduced by section I of O from 22 oct. 2008, in force since 1 sept. 2009 (RO 2008 5571).

Art. 28 entry into force this order comes into force, subject to para. 2, January 1, 2008.
The art. 2-20, 24, 25, 26, al. 1, let. a, b, e and g, and 27 are effective September 1, 2009.

Annex (art. 10 and 16) knowledge and skills needed for obtaining and prolongation of certificates of capacity 1. Rational driving development, focused on the safety rules all categories and sub-categories 1.1 objective: know the characteristics of the driveline to optimize its use - couples - power curves curves - curves of specific consumption of a motor-area of optimum use of the tachometer-charts of gearboxes 1.2 objective reports recovery: know the technical characteristics and operation of the bodies of security in order to control the vehicle to minimize wear and tear and prevent malfunctions-braking device to double circuit-limits of use of the brakes and the speed bumps-combined use of brakes and retarder-search for optimal compromise speed and report of box-use the inertia of the vehicle-use of the means of slowing down and braking during descents-Attitude to adopt objective 1.3 failure: be able to optimize fuel consumption-Application of knowledge of points 1.1 and 1.2 Categories C and THIS and subcategories C1 and C1E 1.4 objective: be able to ensure a loading respecting the safety and the correct use of the vehicle - Forces applying to vehicles in motion - using reports of transmission on load of the vehicle and the profile of the road-calculation of the payload of a motor vehicle or a set - calculation of volume-useful distribution of the loading-Consequences of overloading the axle-stability of the vehicle and center of gravity-Types packaging and media load-main categories of goods requiring a stowage-technical set-up and stowage-use of straps tie-Verification of devices-securing use of the means of handling - tarp and tarping Categories D and and subcategories D1 and D1E 1.5 goal: ensure the safety and comfort of passengers - estimate correct movements longitudinal and side of the vehicle-sharing utilities-Placement on the floor-flexibility of braking-work of the cantilever-use of specific infrastructures (public areas (, lanes reserved) - managing conflicts between safe driving and other functions of driver - Interaction with passengers - specific features of the transport of certain groups of passengers (disabled, children) 1.6 goal: be able to provide a loading respecting the safety and the correct use of the vehicle - Forces for moving vehicles - use reports of transmission depending on the load of the vehicle and the road-calculation of the loading space profile of a motor vehicle or a set - distribution of loading - Consequences of overloading the axle - vehicle stability and centre of gravity 2. Application of regulations all categories and subcategories 2.1 objective: know the environment of heavy traffic and its regulations - regulations on the duration of the work and the rest, including the use of the tachograph - Prescriptions road of basic and specific categories - new road requirements entered into force - rights and obligations of drivers training continues Categories C and THIS and subcategories C1 and C1E 2.2 goal : know the transportation of goods regulations-permissions-transport Obligations resulting from contracts types-drafting of documents embodying the contract of transport-transport permits-international Obligations resulting from the Convention of 19 May 1956 on the contract of international carriage of goods by road-the letter of international car - transport of goods-specific Categories of support Documents and and subcategories D1 and D1E 2.3 target : know the rules on passenger - Transport of specific groups - safety equipment on board the bus-seatbelts - 3 vehicle loading. Health, road safety, fight against crime, brand promotion, economic environment, service, logistics all categories and sub-categories 3.1 objective: be sensitized to the risks of the road and the work accidents - typology of the accidents at work in the transport sector - accident statistics from the traffic-Traffic Accidents involving heavy goods vehicles, coaches and minibus-their human consequences material and financial - objective 3.2 Accident Prevention: be able to prevent crime and clandestine immigration - General Information - Implications for drivers - preventive measures - checklist - liability law firms


3.3 goal: prevent physical risks - ergonomic principles - gestures and postures at risk - fitness - exercises of handling - personal protection 3.4 goal: be aware of the importance of the medical fitness - principles of a healthy and balanced - diet Influence of alcohol, drugs and narcotics-Influence of fatigue and stress-Cycle activity/rest 3.5 goal: adequate emergency behavior - assess the situation-avoid the sur-accident-prevent the emergency - rescue the wounded , first aid - responding fire (evacuate the passengers or other occupants) - ensure the safety of the passengers - response to an aggression-write amicable findings 3.6 goal: be able to adopt behaviours contributing to enhance the brand image of a business - Importance for the company of the quality of the services of the driver - roles of driver - various interlocutors of the driver- maintenance of the vehicle-organization of the work-Consequences of a dispute on the commercial and financial Categories C and subcategories C1 and C1E 3.7 goal: know the economic environment - transport of goods using motor vehicles compared with other modes of transport (competition, shippers) - various activities of freight transport - Organisation of the main types of cargo carriers - different specializations of the transport (tank, etc.) -Evolution of the sector Categories D and and subcategories D1 and D1E 3.8 goal: know the economic environment - transport of travellers using motor vehicles compared to other modes of passenger transport (e.g. rail) - various activities of passenger transport - international Transport of travellers-Organisation of the main types of companies of passenger RS 0.741.611 State on September 1, 2009

Related Laws