Initial qualification and continuing training for professional drivers of heavy goods vehicles and buses/coaches

• Directive 2003/59/EC of the European Parliament and of the Council of 15 July 2003 on the initial qualification and periodic training of drivers of certain road vehicles used for the carriage of goods or passengers, amending Council Regulation (EEC) No. 3820/85 and Council Directive 91/439/EEC and repealing Council Directive 76/914/EEC;

• Law of 5 June 2009 on the initial qualification and periodic training of drivers of certain road vehicles used for the carriage of goods or passengers and amending the amended law of 27 July 1993, the objectives of which are 1. economic development and diversification and 2. improving the general structure and regional balance of the economy;

• Law of March 16, 2012 amending the Law of June 5, 2009, on the initial qualification and continuing training of drivers of certain road vehicles used for the transport of goods or passengers, and amending the amended Law of July 27, 1993, with the aim of 1. economic development and diversification, and 2. improving the general structure and regional balance of the economy;

• Grand Ducal Regulation of October 2, 2009, on the subjects taught in the initial qualification and continuing training of drivers of certain road vehicles used for the transport of goods or passengers, as well as the accreditation criteria for providing this training;

• Grand Ducal Regulation of April 13, 2012, amending the Grand Ducal Regulation of October 2, 2009, on the subjects taught in the initial qualification and continuing training of drivers of certain road vehicles used for the transport of goods or passengers, as well as the accreditation criteria for providing this training;

• Ministerial regulation of 22 January 2010 relating to the establishment of the consultative commission and the examination provided for within the framework of the initial qualification and continuing training of drivers of certain road vehicles used for the transport of goods or passengers.

In principle, all professional bus/coach drivers (D1, D1 + E, D or D + E category driving licences) and heavy goods vehicle drivers (C1, C1 + E, C or C + E category driving licences), employed by a company established in a Member State of the European Union, must complete initial qualification and ongoing training.

Yes.

The following drivers are exempt from completing the initial qualification and continuing training:

- vehicles whose maximum authorized design speed does not exceed 45 km/h;
- vehicles assigned to or under the responsibility of the armed forces;
- civil defense vehicles or under the responsibility of the latter;
- fire service vehicles or under the responsibility of the latter;
- vehicles of the Grand Ducal Police or under the responsibility of the latter;
- vehicles undergoing road tests for technical improvement, repair, or maintenance purposes;
- new or converted vehicles not yet put into circulation;
- vehicles used in emergencies or assigned to rescue missions;
- vehicles used during practical training and testing for obtaining a driving license;
- vehicles used in the context of training courses aimed at obtaining the training certificate provided for in Article 3 of the Law of June 5, 2009, referred to in point 1.);
- vehicles used for non-commercial passenger transportation for private purposes;
- vehicles used for non-commercial transportation of goods for private purposes;
- vehicles transporting materials or equipment, to be used in the performance of their driver's duties, provided that driving the vehicle is not the driver's main activity.

a) initial training (cf. also points 6 and 8);

b) accelerated initial qualification (see also points 7 and 8);

c) continuing training (see also point 9).

Professional drivers holding a driving license:

• of categories D1, D1 + E, D, or D + E, issued on or after September 10, 2008 (for international driving) or issued on or after August 10, 2009 (according to national legislation);
• of categories C1, C1 + E, C, or C + E, issued from August 10, 2009.

Professional drivers holding a category C1, C1 + E, C, or C + E driving license issued before August 10, 2009, are exempt from completing the initial (accelerated) qualification, but must complete the continuing education program (see point 9).

Professional drivers holding a category D1, D1 + E, D, or D + E driving license issued before September 10, 2008, or issued between September 10, 2008, and August 10, 2009 (license limited to national traffic) are exempt from completing the initial (accelerated) qualification, but must complete the continuing education program (see point 9).

The initial qualification

• must be completed in the driver's country of residence;
• consists of 280 hours, including at least 20 hours of individual driving;
• is certified by passing a theory test (no practical test).

The costs of this initial qualification are fully covered by the government if it is completed in Luxembourg.

The accelerated initial qualification

• must be completed in the driver's country of residence;
• consists of 140 hours, including at least 10 hours of individual driving;
• is certified by passing a theory test (no practical test).

The costs of this accelerated initial qualification are fully covered by the government if it is completed in Luxembourg.

The table below highlights the differences between the two types of training:

* 21 years: regular service with a route length not exceeding 50 km (see point 17.)

Professional drivers holding a driving license

• in categories D1, D1 + E, D, or D + E;
• in categories C1, C1 + E, C, or C + E

must undergo continuing education every 5 years.

Continuing education

• can be completed either in the professional driver's country of residence or in the country where the driver works;
• consists of 35 hours, divided into theoretical and practical courses;
• is not subject to an exam.

One-third of the costs are covered by the state (if the training is completed in Luxembourg), while two-thirds are covered by the employer.

Continuing training can be carried out either in the professional driver's country of residence or in the country where the driver works.

Yes! Unless they can provide a document certifying training recognized as equivalent to the training provided for in the aforementioned Directive 2003/59/EC, any driver who does not normally reside in the European Union must complete the initial or accelerated initial training in the country in which the company they work for is established or in the country that issued the work permit. Continuing training must be completed in the country in which the driver works.

No! You only need to complete the continuing education course once and it will be valid for all categories.

Drivers carrying out goods transport who expand or change their activities to carry out passenger transport, or vice versa, and who already hold the training certificate for a category, no longer have to repeat the parts common to the initial qualifications, but only the parts specific to the new category.

For the category acquired before August 2009, it is sufficient to follow the continuing training. For the category acquired after August 2009, it is necessary to follow the initial qualification.

Possession of a training certificate is demonstrated by the inclusion of the community "Code 95"

• either on the valid driving license of professional drivers normally resident in Luxembourg;
• or on the driver qualification card corresponding to the community model for non-resident drivers (continuing training).

Training courses in Luxembourg are organized by the Driver Training Center (Centre de Formation pour Conducteurs) in Colmar-Berg and Sanem (www.cfc.lu).

For any questions regarding the organization or registration for the various training courses, drivers and/or employers can contact the Driver Training Center directly.

Centre de Formation pour Conducteurs S.A.

Z.I. Gadderscheier

L-4984 Sanem

Phone: +352 26 59 25 – 1 ( 8h30 – 12h00 et 13h00 – 16h30)
Fax: +352 26 59 25 - 444
E-Mail: FormPro@cfc.lu

Website: www.cfc.lu

The driver may be sentenced to a prison term of eight days to three years and/or a fine from 251 to 10,000 euros.

The owner or keeper of the vehicle is jointly responsible. When their vehicle is driven on public roads by a driver who does not meet the required qualifications or continuing education requirements, the owner may be sentenced to a prison term of eight days to three years and/or a fine from 251 to 10,000 euros.

"Drivers of a vehicle intended for passenger transport may drive, from the age of 21, a vehicle requiring a category D or D+E driving license, to provide passenger transport as a regular service with a route length not exceeding 50 kilometers (...)."

The professional drivers covered by this provision are those providing regular public transport services (RGTR, CFL, AVL, TICE, see the law of June 29, 2004 on public transport for the definition of public transport) with a route length not exceeding 50 kilometers, i.e., where the road trip between the starting point of the route and the end point of the route (terminus) does not exceed 50 kilometers.

The route between the company depot and the starting point and the route between the end point and the company depot are therefore not included in the 50 kilometers. The 50-kilometer distance is therefore neither a straight line distance nor a 50-kilometer radius around the company's place of establishment.

The nature of the journey (cross-border or national) has no impact on the interpretation of this provision.

Drivers of these vehicles engaged in non-commercial and private transportation are not covered by the legislation relating to professional driver training.

Example: An individual organizing a strictly family-oriented and private festive event with no commercial or profit-making purpose is therefore not covered by this law.

Drivers of vehicles used by associations are subject to the new training system.

Yes. Driving only occasionally does not affect the scope of application. Driving a bus or truck, even occasionally, is considered a transport activity. Therefore, in this case, the driver is also subject to the legislation on professional driver training.

The legislation applies under the same conditions to professional drivers in the private and public sectors.

Yes, these services are considered a transportation activity.

Neither the duration of the employment contract nor the employment rate have any impact on the legislation in question.

No, driving instruction does not constitute a transport activity.

No, the legislation does not apply to machines intended to carry out specific work and which, by their construction, are not intended for the transport of passengers or goods (e.g. a crane).

In principle, no, but...

To verify whether the vocational training legislation applies in their specific case and whether driving is merely an ancillary activity to the driver's job, the employer and the driver can refer to the following criteria:

a) The goods transported must be materials or equipment intended for use in the driver's job. The terms "equipment" and "material" are to be interpreted broadly. Examples include materials and equipment for performing services, installations, or repairs, spare parts, labor, construction materials, fairground rides, machinery, or tools used.

b) From the moment the driver takes the wheel, driving the vehicle must not be the driver's main activity. To determine whether driving is not the driver's main activity, the working time spent driving must be compared to the time required for other activities.

In any case, the driver's contact with the transported goods must not be limited solely to their transport or delivery, but must also be involved in other work processes involving the transported materials or equipment.

The conditions set out in a) and b) above must be met cumulatively.

Example 1: A tiler who travels to a construction site with a truck transporting tiles to lay the tiles does not fall within the scope of the vocational training legislation. However, if the same tiler transports tiles to several construction sites and, compared to a working day, spends more time transporting the tiles to the various construction sites than laying the tiles, then driving will constitute their main activity and they will be subject to the provisions of the legislation on the training of professional drivers.

Example 2: A carpenter who produces furniture, delivers it to the customer, and assembles it on site does not fall within the scope of the vocational training legislation. However, if his activity is limited to delivering furniture, his activity is to be considered as a transport activity and he will be subject to the provisions of the legislation on the training of professional drivers.

If the towing of a broken down or damaged vehicle is carried out for the purpose of repairing the vehicle in the workshop by the service provider, if it is an approved garage or workshop whose main activity is not the transport of damaged or broken down vehicles and if the transport of vehicles is not the main activity of the driver, the training provided for by the law of June 5, 2009 is not required. Indeed, vehicles transported for repair or maintenance purposes are to be interpreted as “material or equipment to be used in the exercise of the profession”, provided that the driver carries out the repair himself or is significantly involved in it (main activity).

Yes.

The services of a breakdown recovery company are generally considered freight transport. Therefore, drivers employed by breakdown recovery companies are subject to professional driver training legislation.

No, as long as the vehicles are undergoing road tests for the purposes of technical improvement, repair or maintenance, as well as new or converted vehicles not yet put into circulation. In addition, the use of red plates must be carried out in compliance with the provisions of the Highway Code.

Yes. Current legislation does not provide for any exceptions for this scenario.

Yes, moving transport should be considered as transport of goods and considered as the main activity, even if the driver participates, where applicable, in the assembly of the furniture at the customer's premises.

Yes, this activity should be considered as transport of goods and should be considered as the main activity of the driver (e.g. street traders, etc.).

Yes, these transports are to be considered as goods transports and to be considered as the driver's main activity.

No. If the only trips are to go

• from the company or repair shop to the technical control and back;
• from the company to the repair shop and vice versa.

However, it is advisable to bring confirmation of the appointment.