This Decree-Law transposes into national law Directive (EU) 2018/645 of the European Parliament and of the Council of April 18, 2018, insofar as it amends Directive 2003/59/EC of the European Parliament and of the Council of July 15, 2003 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers, already transposed into national law by Decree-Law no. 126/2009 of May 27.
The main changes to Directive (EU) 2018/645 of the European Parliament and of the Council of April 18, 2018, which is now being transposed, consist of: i) clarification of the system of exemptions, by further specifying the situations in which driving is not the main activity carried out by drivers, defining driving as a secondary activity as a general rule when the monthly time the driver devotes to it is less than 30%; ii) definition of effective measures for mutual recognition of completed or partially completed training carried out in another Member State; iii) providing for a specific exemption scheme for drivers who drive in rural areas and supply their own company, allowing Member States a greater degree of discretion in defining occasional service and the consequent exemption scheme in these situations, always taking into account the principles of road safety; iv) implementing an electronic system for exchanging information on drivers' certificates of competence; v) reinforcement in the driver training course of subjects relating to road safety such as risk perception, protection of vulnerable road users, fuel-efficient driving and driving in extreme metrological conditions or with extraordinary loads, and vi) reinforcement of measures promoting training using training and communication technology tools, such as distance learning in synchronous training, while ensuring the quality of training and excluding subjects where the practical component is compulsory.
In addition to the changes to the content of the training of drivers of certain road vehicles used for the carriage of goods and passengers, provided for in Directive (EU) 2018/645 of the European Parliament and of the Council of April 18, 2018, the training of passenger transport drivers also includes content relating to the carriage of persons with disabilities, provided for in Regulation (EU) No 181/2011 of the European Parliament and of the Council of February 16, 2011, concerning the rights of passengers in bus and coach transport, and content relating to safety in traffic at level crossings.
As for the document that certifies the qualification of drivers, the system of entering the code 95 on the driving license is adopted as proof that the driver holds a certificate of aptitude for driving, a possibility provided for in Article 10 of Directive 2003/59/EC of the European Parliament and of the Council of July 15, 2003, with the driver qualification license being issued in residual cases of non-residents who have undergone refresher training in Portugal.
On the other hand, taking into account the experience gained during the validity of Decree-Law no. 126/2009, of 27 May, measures are also being introduced to simplify and reduce administrative bureaucracy, either by removing the renewal of the initial recognition of the certification of training bodies and the training courses they provide, or by dematerializing the relationship between the certification body, citizens and economic agents.
As far as training providers are concerned, this decree-law incorporates the system of free access and exercise for services established on national territory or in other Member States of the European Union or the European Economic Area, provided for in Directive 2006/123/EC, of the European Parliament and of the Council, of December 12, 2006, and transposed into national law by Decree-Law no. 92/2010, of June 26, in its current wording. 92/2010, of June 26, in its current wording, and also strengthens the measures to monitor the quality of the service provided by training providers, by reinforcing their duties and administrative sanctioning measures in the event of non-compliance.
The Autoridade de Supervisão de Seguros e Fundos de Pensões, the Associação Nacional de Transportadores Rodoviários de Pesados de Passageiro and the Associação Nacional de Transportadores Públicos Rodoviários de Mercadorias were heard.
The National Association of Portuguese Carriers, the Road Association of Heavy Passenger Carriers, the Federation of Transport and Communications Unions, the Transport Workers' Union and the National Union of Drivers were heard.
This decree-law was published in the separate edition of the Bulletin of Labor and Employment, no. 35, of November 6, 2020.
Thus:
In the use of the legislative authorization granted by Law no. 67/2020, of November 4, and under the terms of paragraphs a) and b) of no. 1 of article 198 of the Constitution, the Government decrees the following:
Article 1
Objective
This decree-law:
a) The transposition into national law of Directive (EU) 2018/645 of the European Parliament and of the Council of April 18, 2018, insofar as it relates to the initial qualification and periodic training of drivers of certain road vehicles used for the carriage of goods or passengers;
b) The second amendment to Decree-Law no. 126/2009, of May 27, amended by Decree-Law no. 65/2014, of May 7;
c) Bringing the legal system for certifying training bodies into line with Directive 2006/123/EC of the European Parliament and of the Council of December 12, 2006, transposed by Decree-Law no. 92/2010 of June 26, in its current wording.
Article 2
Amendment to Decree-Law no. 126/2009, of May 27
Articles 2 to 5, 7 to 10, 12, 15, 17, 19 to 25, 27 to 29 and 31 of Decree-Law no. 126/2009, of May 27, as amended, shall be replaced by the following:
"Article 2
[...]
1 - This Decree-Law shall apply to driving activities carried out by:
a) Nationals of a Member State;
b) third-country nationals employed or contracted by an undertaking established in a Member State.
2 - The driving referred to in the previous paragraph is carried out by drivers who carry out road transport on roads open to the public by means of:
(a) vehicles for which a driving license of category C1, C1E, C or CE is required;
b) Vehicles for which a driving license of categories D1, D1E, D and DE is required.
Article 3
[...]
1 - (Previous introductory part of article.)
a) [Previous point a) of the introductory part of the article].
b) In the service or under the command of the Armed Forces, civil protection, firefighters, police forces or emergency ambulance transport services, when the transport is carried out as a result of the tasks assigned to these services;
c) undergoing road tests for technical improvement, repair or maintenance purposes, or drivers of new or converted vehicles which have not yet been put into service;
(d) for which a category D or D1 driving license is required and which are driven, without passengers on board, by maintenance staff, to or from a maintenance center located in the vicinity of the nearest maintenance base used by the transport operator, provided that driving the vehicle is not the driver's main activity;
e) Used in emergency situations or for rescue missions, including vehicles used in non-commercial operations to transport humanitarian aid;
f) Used for driving lessons or exams to obtain a driving license or a certificate of driver competence (CAM), provided they are not used for the commercial transport of goods or passengers;
g) Used for the non-commercial transportation of passengers or goods;
h) Carrying material, equipment or machinery intended for use by the driver in the exercise of his profession, provided that driving the vehicle is not his main activity.
2 - The exemption provided for in point f) of the previous paragraph does not apply in the context of the training provided for in this decree-law, during work-based learning, provided that the candidate is accompanied by another qualified driver or by a driving instructor, qualified in the category of vehicle used for the purposes of training or teaching driving.
3 - Drivers of vehicles circulating in rural areas to supply their own company are also exempt, provided they do not carry out paid transport services and the transport is considered occasional transport with no impact on road safety.
4 - Drivers of vehicles used or rented without a driver by agricultural, horticultural, forestry, livestock or fishing companies for the transportation of goods as part of their own business activity are also exempt, unless driving is part of the driver's main activity or exceeds the distance of 100 km provided for in paragraphs a) and b) of no. 2 of Order no. 222/2008, of March 5, from the place of establishment of the company that owns the vehicle, rents it or leases it.
5 - The conditions for verifying the requirements set out in paragraphs 3 and 4 shall be defined by decree of the members of the Government responsible for the transport area and the respective sectoral area.
Article 4
Driver qualification
1 - Without prejudice to the exemptions provided for in the previous article, the qualification of a driver to drive vehicles in the categories referred to in article 2(2) shall be compulsory and shall be evidenced by:
a) Driving license with code 95 endorsed, for drivers resident in national territory;
b) Driver qualification card (CQM), for non-resident drivers who work in Portugal and undergo continuous training in Portugal.
2 - In situations where a CQM is issued, it is subject to the validity of the vehicle categories on the driving license and CAM.
3 - The CQM model and its specifications are set out in Annex V to this Decree-Law, of which it forms an integral part.
4 - The endorsement of code 95 on the driving license or the issuance of a CQM is valid for five years and depends on the possession of a CAM, issued in accordance with paragraph 2 of the following article.
5 - The Instituto da Mobilidade e dos Transportes, I. P. (IMT, I. P.) is the competent authority to issue the documents referred to in paragraph 1.
6 - CQM data may be made available in a mobile application, under the terms of paragraphs 1 and 4 of article 4-A of Law no. 37/2014, of June 26, in its current wording.
7 - A national driver from a third country who drives vehicles used for the carriage of goods by road must prove that he has the required qualification and training by means of the driver attestation provided for in Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009, provided that this attestation shows code 95 in the comments section and that the driver has complied with the qualification and training requirements provided for in this Decree-Law.
Article 5
[...]
1 - ...
2 - ...
3 - ...
4 - During the initial training to obtain the CAM, it is permitted to be licensed to drive vehicles in categories C1, C1E, C and CE from the age of 18 and to be licensed in categories D1, D1E, D and DE from the age of 21.
5 - The CAM is issued by IMT, I. P., and this power may be delegated by decision of the IMT, I. P. Board of Directors.
6 - The CAM model is fixed by decision of the board of directors of IMT, I. P.
Article 7
[...]
The CAM obtained following the common initial qualification entitles its holder to have code 95 placed on their driving license under the following conditions:
a) From the age of 18, vehicles in categories C and CE;
b) From the age of 21, vehicles in categories D and DE.
Article 8
[...]
The CAM obtained following the accelerated initial qualification entitles its holder to have code 95 annotated on their driving license in order to drive under the following conditions:
a) From the age of 18, vehicles in categories C1 and C1E;
b) From the age of 21, vehicles in categories C, CE, D1, D1E, as well as categories D and DE, provided that the vehicle is used for the regular carriage of passengers where the route does not exceed 50 km;
c) From the age of 23, vehicles in categories D and DE.
Article 9
[...]
1 - Continuous training is compulsory and must be attended every five years, before the CAM expires, allowing holders to update the knowledge that is fundamental to their activity, with particular emphasis on road safety, health and safety at work and reducing the environmental impact of driving.
2 - In the event of expiry, the CAM may also be renewed by attending continuous training within a maximum period of five years, counting from the end of the validity of code 95 on the driving license or the validity of the CQM.
3 - The training shall be given at a recognized training center and shall consist of theoretical and practical training and, if available, training using information and communication technology tools or simulators.
4 - If the driver changes company, the continuous training already carried out must be taken into account.
5 - Continuous training must cover a variety of subjects and include at least one subject related to road safety, without neglecting developments in legislation and technology.
Article 10
[...]
The contents of the training courses provided for in articles 6 to 9 are included in Short Duration Training Units (UFCD) and are part of the National Qualifications Catalogue (CNQ).
Article 12
[...]
1 - ...
2 - ...
3 - The assessment of habitual residence is made in accordance with the provisions of article 12 of Directive 2006/126/EC of the European Parliament and of the Council of December 20, 2006, and article 19 of the Legal Driving License Regulation, approved by Decree-Law no. 138/2012 of July 5, in its current wording.
Article 15
[...]
For the purposes of Article 13a(b), good repute consists of verifying the prior certification requirements set out in Ordinance 851/2010, of September 6, in its current wording.
Article 17
Technical capacity
1 - Technical capacity shall be assessed in accordance with the provisions of Annex II of Ministerial Order no. 851/2010, of September 6, in its current wording.
2 - Other specific requirements necessary to ensure the quality of training activities shall be established by decree of the member of the Government responsible for the transport area and, in the case of activities involving matters relating to the transport of live animals, the DGAV, DGADR and ICNF, I. P. shall be consulted.
3 - In the training activity provided for in this Decree-Law, it is compulsory for the training entity to sign a civil liability insurance contract covering damage resulting from the activity, including practical training, in particular damage resulting from accidents caused by the trainee during practical training, with conditions to be defined by order of the members of the Government responsible for the areas of finance and transport.
Article 19
[...]
Training entities certified under Ministerial Order no. 851/2010, of September 6, in its current wording, are exempt from demonstrating the requirements set out in article 13, with the exception of those associated with training centers and vehicles used for training.
Article 20
Maintenance of certification requirements
1 - The certification requirements are permanently verifiable and training providers must provide proof of compliance whenever requested to do so by IMT, I. P.
2 - Training providers must notify IMT, I. P. of any changes to the certification requirements within 10 days.
Article 21
Supervening lack of certification requirements
1 - The supervening lack of any of the certification requirements must be remedied within 60 days of its occurrence.
2 - During the period provided for in the previous paragraph, IMT, I. P., may temporarily suspend the training activity of the training entity, if the lack affects the quality of the training to be provided.
3 - The lack of regularization referred to in paragraph 1 implies the expiry of the certification, without prejudice to any administrative measures that may be applied.
Article 22
Obligations of training providers
The following are the duties of certified training providers:
a) Organize and carry out training actions in accordance with the provisions of this Decree-Law and the ordinance of the members of the Government responsible for the areas of work and transport;
b) Observe the principles of independence and equal treatment of all training candidates and trainees;
c) Collaborate in the monitoring, technical-pedagogical assessment and inspection actions carried out by IMT, I. P.;
d) To take out the civil liability insurance provided for in Article 17(3);
e) Adapt the content of training materials to changes or innovations of a legal, technical or technological nature;
f) Provide IMT, I. P. with information on the exercise of the activity, whenever requested;
g) Keep a record of the training sessions carried out, as well as the individual files of the trainees, for a period of five years;
h) Notify IMT, I. P. in advance of each training course and any changes, at least five and three working days in advance, respectively, or immediately before the training module takes place, in the event of a supervening and unforeseeable situation, which must be justified;
i) Notify IMT, I.P. within 10 days of any changes to the certification requirements.
Article 23
[...]
1 - The training center is the training space endowed with the technical capacity and other means necessary for the proper exercise of the training activity, under the terms defined by ordinance of the member of the Government responsible for the transport area.
2 - Each training entity must have at least one training center authorized by IMT, I. P., under the terms defined by the ordinance referred to in the previous paragraph.
3 - Driving schools may operate as training centers as long as they comply with the rules established by this decree-law and by the ordinance referred to in no. 1.
4 - The requirements that led to the authorization of training centers are subject to permanent verification, and training entities must prove their compliance whenever requested by IMT, I. P.
Article 24
[...]
1 - The training courses provided for in articles 6 to 9 are subject to prior recognition by IMT, I. P., to be granted under the terms established in an ordinance issued by the members of the Government responsible for the areas of vocational training and transport.
2 - The training entities must notify IMT, I. P. in advance of the training actions being carried out, under the terms established in the ordinance referred to in the previous paragraph, under penalty of total or partial non-recognition of the action carried out.
3 - IMT, I. P., carries out the technical-pedagogical monitoring of the training actions, which aims, in particular, to support and encourage the quality of the training, through the effective control of its compliance with good training practices and the applicable legal and regulatory requirements.
4 - Completion of the training is evidenced by a certificate of qualifications issued within the scope of the National Qualifications System, and the UFCD can be used towards a CNQ qualification.
Article 25
[...]
1 - Depending on the seriousness of non-compliance by certified training entities with the duties and procedures set out in this Decree-Law and in an order issued by the member of the Government responsible for the area of transport, and without prejudice to the provisions of Chapter IV, the following administrative sanctions may be applied by the Board of Directors of IMT, I.P:
a) Written warning;
b) Non-recognition of the validity of the training course;
c) Non-recognition of the validity of the training or the assessment of the trainees;
d) Suspension of the authorization of the training center where the offence was committed, and its closure, for a maximum period of one year;
e) Cancellation of the authorization of the training center where the offence was committed;
f) Suspension of the exercise of the training activity for a maximum period of one year;
g) Cancellation of recognition of the training course;
h) Cancellation of the training entity's certification, with the corresponding certificate being withdrawn.
2 - The sanctions applied shall be published on the IMT, I. P. website.
3 - The training entity whose certification has been canceled is prohibited from applying for new certification for a period of three years, counting from the date of cancellation, and may be rehabilitated under the terms of the general law.
Article 27
[...]
1 - The following offenses are punishable by a fine of (euro) 500 to (euro) 1500:
a) Infringement of the provisions of Article 4(1), unless the driver presents the document provided for therein to the authority indicated by the inspecting officer within five days, in which case he shall be punished with a fine of (euro) 50 to (euro) 150;
b) Driving a vehicle in violation of the final part of Article 8(b).
2 - ...
a) Failing to obtain the certification provided for in Article 13a, with a fine of (euro) 10,000 to (euro) 30,000;
b) Violation of the duties set out in Article 22 a) to d), f) and g), with a fine of (euro) 500 to (euro) 1500;
c) Violation of the duties referred to in Article 22 e), h) and i), with a fine of (euro) 100 to (euro) 300.
3 - ...
Article 28
[...]
Breaches of the provisions of this Decree-Law are the responsibility of the training entity, except for breaches of paragraph 1 of the previous article, for which the respective perpetrators are responsible..
Article 29
[...]
1 - ...
2 - The voluntary payment or deposit referred to in the previous paragraph shall be made at the time of verification of the administrative offense, and the deposit is intended to guarantee payment of the fine that the offender may be convicted of.
3 - If the offender declares that he intends to pay the fine or make the deposit, and is unable to do so when the administrative offense is verified, the vehicle's documents must be seized until the payment or deposit is made.
4 - In the case provided for in the previous paragraph, a replacement document must be issued for the seized documents, valid until the first working day following the infringement.
5 - Failure to make payment or deposit under the terms of the preceding paragraphs shall result in the vehicle being seized, which shall continue until the deposit, payment or final decision is made in the administrative offense proceedings.
6 - ...
Article 31
Processing of administrative offenses and registration
1 - IMT, I. P. is responsible for processing the administrative offenses provided for in this Decree-Law.
2 - The president of the board of directors of IMT, I. P. is responsible for imposing fines, with the power to delegate.
3 - IMT, I. P. shall organize the register of infringements under the terms of the national land carrier register.»
Article 3
Amendment to Annexes I to V of Decree-Law no. 126/2009, of May 27
Annexes i to v of Decree-Law no. 126/2009, of May 27, in its current wording, are amended with the wording set out in Annex i to this Decree-Law, of which it forms an integral part.
Article 4
Addition to Decree-Law no. 126/2009, of May 27th
Articles 8-A, 11-A, 12-A, 13-A, 14-A, 17-A, 18-A, 34-A, 34-B and 34-C are added to Decree-Law no. 126/2009, of May 27, in its current wording:
«Article 8.º-A
Execution network
1 - Member States shall exchange information on CAMs issued or cancelled and on the register of driver qualifications, both that relating to the endorsement of code 95 on driving licenses and that relating to CQMs issued.
2 - For the purposes of the preceding paragraph, an electronic network shall be set up containing information on the CAM and the titles referred to in the preceding paragraph, as well as on the related administrative procedures.
3 - Member States shall ensure that the processing of personal data is carried out solely for the purpose of verifying compliance with requirements, including training, in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016.
4 - Access to the network must be protected and limited to verifying compliance with the requirements associated with the issue of the CAM and the driver's qualification, with IMT, I. P., being responsible for the control and processing of personal data, under the terms of the applicable legislation.
Article 11.º-A
Equivalent training
1 - The Armed Forces and the security forces may provide the training provided for in this decree-law, which is equivalent to the training provided by certified training bodies, under the terms to be defined by decree of the members of the government responsible for the areas of defense, internal administration, labor and transport.
2 - On completion of the training and successful assessment, the military or police officer may apply to IMT, I.P. for the code 95 to be entered on their driving license or for the CQM to be issued if they hold a military driving license.
3 - When the driving license requested by the holder of a military driving license is issued, on the occasion of the expiry of the CQM issued under the terms of the previous paragraph, the code 95 must be entered on the respective driving license.
4 - The conditions for maintenance and revalidation set out in this Decree-Law shall apply to the qualification obtained under the terms of paragraph 2, as defined by the ordinance referred to in paragraph 1.
Article 12.º-A
Drivers from other Member States of the European Union or the European Economic Area
Citizens who are nationals of another Member State of the European Union or of the European Economic Area and are legally established there to pursue the profession of driver of heavy goods or passenger vehicles may pursue the profession in national territory on a permanent or temporary and occasional basis, under the terms of Law no. 9/2009, of March 4, in its current wording, being subject to the requirements for pursuing the profession established by this Decree-Law, which apply to them, and to the compensation measures established by order of the members of the Government responsible for the areas of work and transport.
Article 13.º-A
Certification of driver training bodies
The certification of entities wishing to carry out the training activity provided for in this decree-law is the responsibility of IMT, I. P., and follows the procedures set out in article 5 of Ministerial Order no. 851/2010, of September 6, in its current wording, and depends on the applicant:
a) Is a legal person;
b) Is a suitable person
c) Has the technical capacity;
d) Has its tax and social security situation in order before the Tax and Customs Authority and social security, respectively.
Article 14.º-A
Certification process for training providers
1 - The request for certification of a training entity is decided by IMT, I.P., within 15 days, and is considered tacitly granted if the decision is not made within that period.
2 - The information required for the application referred to in the previous paragraph shall be defined by order of the member of the Government responsible for transport, after consulting, in the case of actions involving matters relating to the transportation of live animals, the Directorate-General for Food and Veterinary (DGAV), the Directorate-General for Agriculture and Rural Development (DGADR) and the Institute for Nature Conservation and Forests, I. P. (ICNF, I. P.). (ICNF, I. P.)
3 - Certification as a training entity is granted by a model certificate approved by decision of the IMT, I. P. board of directors.
4 - The certificate is non-transferable, in any capacity and for any purpose.
Article 17.º-A
Publication of training providers
The list of certified training providers is published on the IMT, I.P. website and communicated to the competent central department of the ministry responsible for vocational training, within 20 days of the certificate being issued, for the purposes of publication on the general list of certified training providers.
Article 18.º-A
Training providers from other Member States of the European Union or the European Economic Area
Training entities legally established in a Member State of the European Union or the European Economic Area to carry out training activities equivalent to those set out in this Decree-Law may provide training for the drivers referred to in Article 2, on an occasional and sporadic basis, on national territory, under the terms of Article 4(3) of Decree-Law No. 92/2010 of July 27, in its current wording, upon prior notification and provided that they comply with the provisions of this Decree-Law and an order issued by the member of the Government responsible for the transport area.
Article 34.º-A
Processing of acts and procedures
1 - All requests, communications and notifications established in this Decree-Law and in the ordinances provided for herein shall be made by electronic means, through the electronic information platform of IMT, I. P., accessible through the ePortugal portal, which integrates the electronic one-stop shop for services referred to in articles 5 and 6 of Decree-Law no. 92/2010, of July 26, in its current wording.
2 - Applicants are exempt from submitting documents that are already in the possession of Public Administration bodies and services, if they have given their consent for them to be obtained, using the Public Administration interoperability platform or using the data portability mechanism provided for in paragraph 2 of article 4-A of Law no. 37/2014, of June 26, in its current wording.
3 - Documents may be made available within the scope of this decree-law through the document exchange, accessible through the ePortugal portal.
4 - The provisions of paragraph 1 are without prejudice to the possibility of notifications being made to the single digital address, through the public electronic notification service, under the terms of Decree-Law no. 93/2017, of August 1, in its current wording.
Article 34.º-B
Administrative cooperation
1 - For the purposes of implementing this Decree-Law, the competent authorities shall take part in administrative cooperation within the scope of procedures relating to professionals and training providers from other Member States, in accordance with article 51(2) of Law no. 9/2009, of March 4, in its current wording, and chapter vi of Decree-Law no. 92/2010, of July 26, in its current wording, namely through the Internal Market Information System.
2 - IMT, I. P., shall make the necessary data available for dissemination on the ePortugal portal, in order to facilitate access to the information necessary for users to exercise their rights, within the scope of the internal market, in the field of recognition of the professional qualifications covered by this Decree-Law, including vocational education and training, pursuant to articles 2 and 4 of Regulation (EU) 2018/1724 of the European Parliament and of the Council of October 2, 2018.
Article 34.º-C
Disclosure of public information
The publication, dissemination and making available, for consultation or otherwise, of information, documents and other content which, by their nature and under the terms of this decree-law, can or should be made available to the public.
Article 34.º-B
Administrative cooperation
1 - For the purposes of implementing this Decree-Law, the competent authorities shall take part in administrative cooperation within the scope of procedures relating to professionals and training providers from other Member States, in accordance with article 51(2) of Law no. 9/2009, of March 4, in its current wording, and chapter vi of Decree-Law no. 92/2010, of July 26, in its current wording, namely through the Internal Market Information System.
2 - IMT, I. P., shall make the necessary data available for disclosure on the ePortugal portal, in order to facilitate access to the information necessary for users to exercise their rights, within the scope of the internal market, in the field of recognition of the professional qualifications covered by this Decree-Law, including vocational education and training, pursuant to articles 2 and 4 of Regulation (EU) 2018/1724 of the European Parliament and of the Council of October 2, 2018.
Article 34.º-C
Disclosure of public information
The publication, dissemination and making available, for consultation or otherwise, of information, documents and other content which, by their nature and under the terms of this decree-law, can or should be made available to the public, without prejudice to the simultaneous use of other means, must be available in open formats, which allow machine reading, to be placed or indexed on the Public Administration's open data portal, at www.dados.gov.pt.
ANNEX I
Content of the training referred to in Article 10
1 - The knowledge to be taken into consideration for the attestation of the common initial training (CIT), accelerated initial qualification training (AIF) and periodic training of drivers must cover at least the subjects described below in paragraph 2.
The minimum level of qualification must be comparable to at least level 2 of the European Qualifications Framework set out in Annex ii to the Recommendation of the European Parliament and of the Council of 23 April 2008.
2 - Subjects, modules, objectives, syllabus and practical component of initial training:
2.1 - Training in rational driving based on safety rules (FIC 63 h, FIA 28 h):
2.1.1 - Mechanics and electronics (FIC 28 h, FIA 7 h):
a) Objective 1 - to know the characteristics of the kinematic chain in order to optimize its use.
Content - torque curves, power curves, specific consumption curves for an engine, optimum use of the rev counter, gearbox ratio overlap diagrams;
b) Objective 2 - to know the technical characteristics and operation of safety devices in order to control the vehicle, minimize wear and tear and prevent malfunctions.
Content - identifying the limits of the use of brakes and retarders, combined use of brakes and retarders, finding the best compromise between speed and gear ratio, use of the vehicle's inertia, use of deceleration and braking on descents, attitude to adopt in the event of failure, use of electronic and mechanical devices, such as the active yaw control system (ESP), advanced emergency braking systems (AEBS), anti-lock braking system (ABS), traction control systems (TCS) and vehicle monitoring systems (IVMS), and other approved driver assistance or automation equipment.
2.1.2 - Defensive, economic and environmental driving (FIC 35 h, FIA 21 h):
a) Objective 1 - be able to optimize fuel consumption.
Content - optimizing fuel consumption through the application of skills corresponding to points 2.1.1, the importance of anticipating traffic flow, adequate distance from other vehicles and the use of vehicle inertia, controlled speed, fluid driving style and adequate tire pressure, and familiarity with intelligent transport systems that improve driving efficiency and assist in route planning.
b) Objective 2 - be able to anticipate, assess and adapt to traffic risks.
Content - be aware of and adapt to different road, traffic and weather conditions, anticipate events; understand how to prepare and plan a journey in the presence of extreme weather conditions; be familiar with the use of associated safety equipment and understand when it is necessary to postpone or cancel a journey due to extreme weather conditions; adapt to traffic risks, such as dangerous maneuvers in traffic or distraction while driving (caused by the use of electronic devices, eating, drinking, etc.); recognize and adapt to dangerous situations and be able to deal with stress, in particular related to the size and mass of vehicles, such as pedestrians, cyclists and motor vehicle drivers. ); recognizing and adapting to dangerous situations and being able to cope with stress, particularly related to the size and mass of vehicles and vulnerable road users such as pedestrians, cyclists and drivers of two-wheeled motor vehicles; identifying possible dangerous situations and correctly interpreting how they can develop into situations where an accident can no longer be avoided, and selecting and implementing measures to increase safety margins to a level where an accident can still be avoided should the potential dangers occur; crossing at level crossings: special care in view of vehicle characteristics, especially vehicle size and weight, visibility, type and space of maneuver and crossing time; behaviors to adopt in an emergency situation at level crossings.
c) Objective 3 (drivers of passenger vehicles) - knowing how to ensure the safety and comfort of passengers.
Content - checking the calibration of longitudinal and lateral movements, lane distribution, positioning on the sidewalk, smooth braking, working the console, using specific infrastructures (public spaces, reserved lanes), managing conflicts between safe driving and other duties as a driver, interacting with passengers, the specificities of transporting certain groups of passengers (disabled people, children).
d) Objective 4 (drivers of passenger vehicles) - to be able to secure a load while respecting safety instructions and the proper use of the vehicle.
Content - forces applied to vehicles in motion, use of gearbox ratios depending on the vehicle load and road profile, use of automatic transmission systems, calculation of the payload of a vehicle or combination, load distribution, consequences of overloading the axles, vehicle stability and center of gravity.
e) Objective 5 (drivers of goods vehicles) - be able to secure a load while respecting safety instructions and the proper use of the vehicle.
Content - forces applied to vehicles in motion, use of gearbox ratios depending on vehicle load and road profile, use of automatic transmission systems, calculation of payload of a vehicle or combination, calculation of payload volume, load distribution, consequences of overloading axles, vehicle stability and center of gravity, types of packaging and load supports; the main categories of goods that require securing, chocking and securing techniques, the use of securing straps, checking securing devices, the use of maintenance equipment, the fitting and removal of tarpaulins.
2.2 - Regulations (FIC 49 h, FIA 21 h):
2.2.1 - Labor regulations (FIC 21 h, FIA 7 h):
a) Objective 1 - to learn about the social environment of road transport and its regulations.
Content - maximum working periods specific to the transport sector; principles, application and consequences of Regulations (EC) No 561/2006 and (EU) No 165/2014 of the European Parliament and of the Council; penalties for non-use, misuse or manipulation of the tachograph; knowledge of the social environment of road transport: drivers' rights and obligations in terms of initial qualification and continuous training.
2.2.2 - Regulating the activity (FIC 28 h, FIA 14 h):
a) Objective 1 (drivers of passenger vehicles) - to know the regulations relating to passenger transport.
Content - national and international regulations, transportation of specific groups, safety equipment on board the bus, seat belts, vehicle load;
b) Objective 2 (drivers of goods vehicles) - to know the regulations relating to the carriage of goods.
Content - permits to engage in transport activities, on-board documents, prohibitions on driving on certain roads, road taxes, obligations of model contracts for the carriage of goods, drafting of the documents making up the transport contract, international transport permits, obligations of the Convention on the Contract for the International Carriage of Goods by Road (CMR), drafting of the consignment note, crossing borders, freight forwarders, special documents accompanying goods.
2.3 - Health, road safety, environmental safety, service and logistics (FI 147 h, FIA 77 h):
2.3.1 - Fatalities (FIC 21 h, FIA 14 h):
a) Objective 1 (drivers of passenger vehicles) - to become aware of the risks of the road and accidents at work.
Content - typology of accidents at work in the transport sector, road accident statistics, involvement of buses, consequences in human, material and financial terms;
b) Objective 2 (goods vehicle drivers) - to raise awareness of road risks and accidents at work. Content - typology of accidents at work in the transport sector, road accident statistics, involvement of heavy goods vehicles, consequences in human, material and financial terms.
2.3.2 - Prevention of crime in transport (FIC 7 h, FIA 7 h):
a) Objective 1 - to know how to prevent crime and stowaway trafficking;
Content - general information, consequences for drivers, prevention measures, checklist of checks, legislation on the liability of transport companies.
2.3.3 - Health, safety and hygiene at work (FIC 21 h, FIA 7 h):
a) Objective 1 - know how to prevent physical risks.
Content - principles of ergonomics, human factors in driving, human factors in interaction with on-board information and communication systems (inherent risks), notions of workload, fatigue and stress, recommendations on risky gestures and postures and managing fatigue and stress;
b) Objective 2 - be aware of the importance of physical and mental fitness.
Content - principles of a healthy and balanced diet, effects of alcohol, medication and other substances that can alter behavior.
2.3.4 - Emergency situations and first aid (FIC 21 h, FIA 7 h):
a) Objective 1 - be able to assess emergency situations and apply appropriate procedures.
Content - behavior in an emergency situation (assessing the situation, preventing the accident from escalating, providing assistance, helping the injured and applying first aid, reaction in the event of a fire, evacuating the occupants, ensuring the safety of all passengers), reactions in the event of aggression, basic principles of friendly declaration.
2.3.5 - Interpersonal relations and service quality (FIC 35 h, FIA 14 h):
a) Objective 1 - know how to adopt behaviors that contribute to enhancing the brand image of a transport services company.
Content - driver attitudes and brand image (importance of the quality of the driver's service for the company, different roles of the driver, different interlocutors of the driver, vehicle maintenance, work organization, commercial and financial consequences of a dispute).
2.3.6 - Economic context and business organization (FIC 21 h, FIA 14 h):
a) Objective 1 (drivers of passenger vehicles) - to know the economic context of road passenger transport and the organization of the market:
Content - road passenger transport in relation to other modes of passenger transport (train, private vehicles), different road passenger transport activities, disability awareness, crossing borders (international transport), organization of the main types of road passenger transport companies.
b) Objective 2 (drivers of goods vehicles) - to know the economic context of road freight transport and the organization of the market:
Content - road transport in relation to other modes of transport (competition, shippers), different road transport activities (transport for third parties, own account, auxiliary transport activities), organization of the main types of transport companies or auxiliary transport activities, different transport specializations (tankers, temperature controlled, dangerous goods, animal transport, etc.), evolution of sectors (diversification of services offered, rail transport - road transport, subcontracting, etc.).
2.3.7 - Information and communication technologies (FIC 21 h, FIA 14 h):
a) Objective 1 (passenger vehicle drivers) - to know the current technologies available for use in the transport system and to be aware of future trends.
Content - operating support system, applied telematics, contactless ticketing, smart cards, public information (electronic stops, Internet, SMS);
b) Objective 2 (drivers of goods vehicles) - know the current technologies available for use in the transport system and be aware of future trends.
Content - operating support system, applied telematics, smart cards, Internet, SMS.
2.4 - Individual driving (FIC 21 h, FIA 14 h):
2.4.1 - Practical training (FIC 21 h, FIA 14 h):
a) Objective 1 (drivers of passenger vehicles) - improving rational driving based on safety rules.
Content - individual driving in a heavy passenger vehicle (categories D and D+E and subcategories D1 and D1+E), accompanied by a trainer or tutor from the training center, with the trainee being able to do a maximum of 8 (FIC) or 4 hours (FIA) of individual driving on special terrain or on a high-quality simulator;
b) Objective 2 (drivers of goods vehicles) - improving rational driving based on safety rules.
Content - individual driving in a heavy goods vehicle (categories C and C+E and subcategories C1 and C1+E), accompanied by a trainer or tutor from the training center, with the trainee being able to do a maximum of 8 (FIC) or 4 hours (FIA) of individual driving on special terrain or on a high-quality simulator.
2.5 - Objective 1 (passenger car drivers) - Disability awareness training.
Content - awareness of physical, sensory (hearing and visual), hidden or learning disabilities, and the appropriate responses to be given to passengers suffering from them, including how to distinguish between the different abilities of people whose mobility, orientation or communication skills are reduced; obstacles faced by disabled people and people with reduced mobility, particularly in terms of behavior, environment/physical and organizational aspects; accredited guide dogs, including the role and needs of these dogs; dealing with unexpected situations; relational skills and methods of communication with deaf people and people with hearing, visual, speech or learning disabilities; correct handling of wheelchairs and other mobility aids in order to avoid damage.
ANNEX II
Common initial qualification training provided for in Article 6(1)(a)
1 - Common initial qualification training involves teaching the subjects listed in paragraph 2 of Annex I and lasts 280 hours.
2 - Access to common initial qualification training does not depend on prior possession of the corresponding driving license.
3 - Each trainee must carry out at least 20 hours of individual driving in a vehicle of the category in question, which meets at least the criteria for test vehicles as laid down in Directive 2006/126/EC of the European Parliament and of the Council of December 20, 2006.
4 - During individual driving, the trainee is accompanied by an instructor from the certified training entity. Each trainee may drive a maximum of eight hours out of the 20 hours of individual driving on special terrain or on a high-quality simulator, in order to assess improvement in rational driving based on safety rules, in particular with regard to mastery of the vehicle in relation to different road conditions and their variations according to weather conditions, during the day and at night, as well as the ability to optimize fuel consumption. Distance learning tools may also be used, under terms to be defined by order of the member of the Government responsible for transport. In addition, training on the transport of dangerous goods, training on disability awareness and training on the transport of animals may be included.
5 - For the drivers referred to in article 11(1), the duration of the initial qualification is 70 hours, five of which are individual driving hours.
6 - On completion of the training, the trainee shall take a written or oral examination, which shall include at least one question for each of the objectives of the subjects referred to in paragraph 1 of this annex.
7 - The exam is organized by IMT, I. P., or by the entities it designates.
8 - The conditions for the exam shall be set by order of the President of the Board of Directors of IMT, I. P.
ANNEX III
Accelerated initial qualification training provided for in Article 6(1)(b)
1 - Accelerated initial qualification training involves teaching the subjects listed in paragraph 2 of Annex I and lasts 140 hours.
2 - Access to accelerated initial qualification training does not depend on prior possession of the corresponding driving license.
3 - Each trainee must carry out at least 10 hours of individual driving in a vehicle of the category in question, which meets at least the criteria for test vehicles set out in Directive 2006/126/EC of the European Parliament and of the Council of December 20, 2006.
4 - During individual driving, the trainee is accompanied by an instructor, a trainer from the certified training entity. Each trainee may carry out a maximum of four hours of the 10 hours of individual driving on special terrain or on a high-quality simulator, in order to assess improvement in rational driving based on safety rules, mastery of the vehicle in relation to the different road conditions, as well as their variations according to weather conditions, during the day and at night, as well as the ability to optimize fuel consumption. Distance learning tools may also be used, under terms to be defined by order of the member of the Government responsible for transport.
5 - For the drivers referred to in article 11(1), the duration of the accelerated initial qualification shall be 35 hours, of which two and a half hours shall be spent driving alone.
6 - On completion of the training, the trainee shall take a written or oral examination, which shall include at least one question for each of the objectives of the subjects referred to in paragraph 1 of this Annex.
7 - The exam is organized by IMT, I. P., or by the entities it appoints.
8 - The conditions for the exam are set by order of the chairman of the board of directors of IMT, I. P.
ANNEX IV
Continuous training referred to in Article 9
1 - The aim of continuous training is to update the knowledge which is fundamental to the driver's activity, in particular by deepening and reviewing some of the subjects set out in paragraph 2 of annex I, of which the subjects relating to road safety and rationalizing fuel consumption are mandatory.
2 - Continuous training for the purposes of this decree-law is compulsory every five years and lasts 35 hours, taught in periods of seven hours a day, which can be spread over two consecutive days, and these periods can be consecutive or interpolated.
3 - Continuous training can be attended partially on high-quality simulators, up to a maximum of five hours, and using distance learning tools, up to a maximum of 12 hours.
4 - Continuous training for the purpose of renewing a driver attestation is valid for a period of five years from the date of successful completion.
ANNEX V
Provisions concerning the specifications and the Community model of the driver qualification card
1 - The physical characteristics of the Community model driver qualification card shall comply with ISO 7810 and ISO 7816-1.
The methods for checking the physical characteristics of the card to ensure that it complies with international standards are in accordance with ISO 10373.
2 - The card consists of two pages:
Page 1 contains:
a) The words "Driver qualification card" and "Portuguese Republic" printed in capital letters;
b) The letter "P" in capital letters, as the distinguishing sign of Portugal, printed in negative in a blue rectangle surrounded by 12 yellow stars;
c) The distinguishing signs of the issuing member states are as follows:
B: Belgium;
BG: Bulgaria;
CZ: Czech Republic;
DK: Denmark;
D: Germany;
EST: Estonia;
GR: Greece;
E: Spain;
F: France;
IRL: Ireland;
I: Italy;
CY:
Cyprus;
LV: Latvia;
LT: Lithuania;
L: Luxembourg;
H: Hungary;
M: Malta;
NL: Netherlands;
A: Austria;
PL: Poland;
P: Portugal;
RO: Romania;
SLO: Slovenia;
SK: Slovakia;
FIN: Finland;
S: Sweden;
UK: United Kingdom;
(d) information specific to the card issued, numbered as follows:
1) Holder's surname;
2) The holder's first name;
3) Date and place of birth of the holder;
4):
a)
Date of issue;
b) Expiry date;
c) Name of the authority issuing the license (may be printed on side 2);
d) A number other than the driving license number, useful for managing the driver qualification card (optional);
5):
a) Driving license number;
b) Serial number;
6) Photograph of the holder;
7) Signature of the holder;
8) Residence, domicile or postal address (optional);
9) Categories of vehicle for which the driver satisfies the initial qualification and periodic training requirements;
(e) the words "European Union model" in the language or languages of the Member State issuing the card and the words "Driver qualification card" in the other official languages of the Union, printed in blue so as to form the background of the card.
(
see original document)
f) Reference colors:
i) Blue: pantone Reflex Blue;
ii) Yellow: pantone Yellow;
Page 2 contains:
a):
9) the categories of vehicles for which the driver satisfies the initial qualification and periodic training obligations;
10) The harmonized Union code "95" provided for in Annex I to Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006;
11) A space reserved for the possible entry of information essential to management or relating to road safety (optional). If the entry relates to a heading defined in this Annex, it must be preceded by the corresponding heading number;
(b) an explanation of the numbered headings appearing on sides 1 and 2 of the card (at least headings 1, 2, 3, 4a), 4b), 4c), 5a), 5b) and 10).
3 - Security, including data protection. - The various constituent elements of the card are designed to exclude any falsification or manipulation and to detect any such attempt.
The security level of the card is at least comparable to the security level of a driving license.
4 - Specific provisions. - After consultation with the Commission, colors or markings such as bar codes, national symbols and security features may be added, without prejudice to the other provisions of this Annex.
In the context of the mutual recognition of licences, the bar code may not contain information other than that which already appears legibly on the driver qualification and training card or which is indispensable for the process of issuing the card.
Sample driver qualification letter
Face 1
Face 2
