Directive 2006/126/EC of the European Parliament and of the CouncilShow full title

ANNEX IV MINIMUM STANDARDS FOR PERSONS WHO CONDUCT PRACTICAL DRIVING TESTS

1. Competences required by a driving examiner

1.1. A person authorised to conduct practical assessments in a motor vehicle of the driving performance of a candidate must have knowledge, skills and understanding related to the topics listed in points 1.2 to 1.6.

1.2. The competences of an examiner must be relevant to assessing the performance of a candidate seeking the category of driving licence entitlement for which the driving test is being undertaken.

1.3. Knowledge and understanding of driving and assessment:

• theory of driving behaviour,

• hazard perception and accident avoidance,

• the syllabus underpinning driving test standards,

• the requirements of the driving test,

• relevant road and traffic legislation, including relevant EU and national legislation and interpretative guidelines,

• assessment theory and techniques,

• defensive driving.

1.4. Assessment skills:

• ability to observe accurately, monitor, and evaluate overall candidate performance, in particular:

  • correct and comprehensive recognition of dangerous situations,

  • accurate determination of cause and likely effect of such situations,

  • achievement of competence and recognition of errors,

  • uniformity and consistency in assessment,

• assimilate information quickly and extract key points,

• look ahead, identify potential problems, and develop strategies to deal with them,

• provide timely and constructive feedback.

1.5. Personal driving skills:

• A person authorised to conduct a practical test for a category of driving licence must be able to drive to a consistently high standard that type of motor vehicle.

1.6. Quality of service:

• establish and communicate what the candidate can expect during the test,

• communicate clearly, choosing content, style and language to suit the audience and context and deal with enquiries from candidates,

• provide clear feedback about the test result,

• treat candidates with respect and indiscriminately.

1.7. Knowledge about vehicle technique and physics:

• knowledge about vehicle technique such as steering, tyres, brakes, lights, specially for motorcycles and heavy vehicles,

• loading safety,

• knowledge about vehicle physics such as speed, friction, dynamics, energy.

1.8. Driving in a fuel efficient and environmentally friendly way.

2. General conditions

2.1. A category B driving examiner:

(a)

must have held a category B licence for at least 3 years;

(b)

must be at least 23 years old;

(c)

must have successfully completed the initial qualification provided for in point 3 of this Annex and subsequently followed the quality assurance and the periodic training arrangements as provided for in point 4 of this Annex;

(d)

must have terminated a vocational education that leads at least to a completion of level 3 as defined by Council Decision 85/368/EEC of 16 July 1985 on the comparability of vocational training qualifications between the Member States of the European Community(1);

(e)

may not be active as a commercial driving instructor in a driving school simultaneously.

2.2. A driving examiner for the other categories:

(a)

must hold a driving licence in the category concerned or possess equivalent knowledge through adequate professional qualification;

(b)

must have successfully completed the initial qualification provided for in point 3 of this Annex and subsequently followed the quality assurance and the periodic training arrangements as provided for in point 4 of this Annex;

(c)

must have been a qualified category B driving examiner for at least 3 years; this period may be waived provided that the examiner in question can provide evidence of:

• at least 5 years of driving in the category concerned, or,

• a theoretical and practical assessment of driving ability of a standard higher than that needed to obtain a driving licence thus making that requirement unnecessary,

(d)

must have completed a vocational education that leads at least to a termination of the level 3 as defined by Decision 85/368/EEC;

(e)

may not be active as a commercial driving instructor in a driving school simultaneously.

2.3. Equivalences

2.3.1. Member States may authorise an examiner to conduct driving tests for categories AM, A1, A2 and A upon passing the initial qualification prescribed in point 3 for one of these categories.

2.3.2. Member States may authorise an examiner to conduct driving tests for categories C1, C, D1 and D upon passing the initial qualification prescribed in point 3 for one of these categories.

2.3.3. Member States may authorise an examiner to conduct driving tests for categories BE, C1E, CE, D1E and DE upon passing the initial qualification prescribed in point 3 for one of these categories.

3. Initial qualification

3.1. Initial training

3.1.1. Before a person may be authorised to conduct driving tests, that person must satisfactorily complete such training programme as a Member State may specify in order to have the competences set out in point 1.

3.1.2. Member States must determine whether the content of any particular training programme will relate to authorisation to conduct driving tests for one driving licence category, or more than one.

3.2. Examinations

3.2.1. Before a person may be authorised to conduct driving tests, that person must demonstrate a satisfactory standard of knowledge, understanding, skills and aptitude in respect of the subjects listed in point 1.

3.2.2. Member States shall operate an examination process that assesses, in a pedagogically appropriate manner, the competences of the person as defined under point 1, in particular point 1.4. The examination process must include both a theoretical element and a practical element. Computer-based assessment may be used where appropriate. The details concerning the nature and duration of any tests and assessments within the examination shall be at the discretion of the individual Member States.

3.2.3. Member States must determine whether the content of any particular examination will relate to authorisation to conduct driving tests for one driving licence category, or more than one.

4. Quality assurance and periodic training

4.1. Quality assurance

4.1.1. Member States shall have in place quality assurance arrangements to provide for the maintenance of standards of driving examiners.

4.1.2. Quality assurance arrangements should involve the supervision of examiners at work, their further training and re-accreditation, their continuing professional development, and by periodic review of the outcomes of the driving tests that they have conducted.

4.1.3. Member States must provide that each examiner is subject to yearly supervision making use of quality assurance arrangements listed in point 4.1.2. Moreover, the Member States must provide that each examiner is observed conducting tests once every 5 years, for a minimum period cumulatively of at least half a day, allowing the observation of several tests. When issues are identified corrective action should be put in place. The person undertaking the supervision must be a person authorised by the Member State for that purpose.

4.1.4 Member States may provide that where an examiner is authorised to conduct driving tests in more than one category, satisfying the supervision requirement in relation to tests for one category satisfies the requirement for more than one category.

4.1.5 The work of driving examination must be monitored and supervised by a body authorised by the Member State, to ensure correct and consistent application of assessment.

4.2. Periodic training

4.2.1. Member States shall provide that, in order to remain authorised, driving examiners, irrespective of the number of categories for which they are accredited, undertake:

• a minimum regular periodic training of four days in total per period of two years in order to:

• maintain and refresh the necessary knowledge and examining skills,

• to develop new competences that have become essential for the exercise of their profession,

• ensure that an examiner continues to conduct tests to a fair and uniform standard,

• a minimum periodic training of at least five days in total per period of five years,

• in order to develop and maintain the necessary practical driving skills.

4.2.2. Member States shall take the appropriate measures for ensuring that specific training is given promptly to those examiners that have found to be seriously malfunctioning by the quality assurance system in place.

4.2.3. The nature of periodic training may take the form of briefing, classroom training, conventional or electronic-based learning, and it may be undertaken on an individual or group basis. It may include such re-accreditation of standards as Member States consider appropriate.

4.2.4. Member States may provide that where an examiner is authorised to conduct driving tests in more than one category, satisfying the periodic training requirement in relation to tests for one category satisfies the requirement for more than one category, provided the condition set out in point 4.2.5 is satisfied.

4.2.5. Where an examiner has not conducted tests for a category within a 24-month period, the examiner shall undertake a suitable reassessment before being allowed to carry out driving tests relating to that category. That re-assessment may be undertaken as part of the requirement set out in point 4.2.1.

5. Acquired rights

5.1. Member States may allow persons authorised to conduct driving tests immediately before these provisions come into force to continue to conduct driving tests, notwithstanding that they were not authorised in accordance with the general conditions in point 2 or the initial qualification process set out in point 3.

5.2. Such examiners are nonetheless subject to the regular supervision and quality assurance arrangements set out in point 4.

(1)

OJ L 199, 31.7.1985, p. 56.