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Operating institutions that provide expensive training for candidates with the qualifications required to practice the profession of driving and road safety teacher

Latest update: : 2020-04-15 17:22:25

1. Defining the activity

The operator of the establishments providing a costly training of candidates with the qualifications required for the profession of driving and road safety teacher is a professional whose activity is to provide training required for candidates wishing to practice the theoretical and practical teaching of road safety and motor vehicle driving.

In accordance with the provisions of Section D. 114-12 of the Public Relations Code and the Administration, any user may obtain an information certificate on the standards applicable to the professions relating to the teaching of expensive driving and road safety awareness. To do so, you should send your application to the following address: bfper-dsr@interieur.gouv.fr.

Two degrees. Professional qualifications

a. National requirements

National legislation

In order to operate institutions that provide a fee-for-service training of candidates with the qualifications required for the profession of driving and road safety teacher, the professional must:

  • justify its ability to manage such an institution (see infra "Training");
  • have obtained an approval from the prefect of the place where he wishes to carry out his activity.

To go further Article L. 213-1 of the Highway Traffic Act.

Training

To be recognized as professionally qualified and to justify his ability to manage such an institution, the person must be the holder of:

  • a state diploma or a certified higher education or technology degree at or above Level III and sanctioning legal, economic, accounting or commercial training or a diploma issued to Abroad of comparable level;
  • A certificate of professional qualification from the professional branch of automotive services;
  • a certificate of recognition of professional qualification for the national of a European Union (EU) state or a state party to the European Economic Area (EEA) agreement.

Professional qualification certificate of the professional branch

The training to obtain this certificate is for a maximum of 126 hours and its programme is set in Schedule I of the order of April 13, 2016 cited below.

This certificate is issued by the National Association for Motor Training ( Anfa ).

To go further : order of 13 April 2016 relating to the certificate of professional qualification "responsible for teaching road safety and driving".

Accreditation of the establishment

To operate such an establishment the professional must obtain a certification and for this must:

  • Be at least 23 years old
  • not having been the subject of a conviction for a crime or a correctional sentence, and this, by a French or foreign court provided for in Article R. 212-4 of the Highway Code;
  • be qualified professionally (see above "Training") or, if necessary, for the European national, benefit from the recognition of his qualifications ("see infra 5o. b. Application for recognition of qualifications for THE EU or EEA national for a permanent exercise (LE);
  • not having been the subject of a licence withdrawal in the last three years for breaches of the rules governing its activity;
  • justify minimum guarantees regarding premises, vehicles, material means and how training is organised within its institution;
  • justify the qualification of staff providing training to future driving and road safety teachers within their school.

Once the professional fulfils these conditions, he must apply for accreditation with the competent authority (see infra "5o. a. Application for accreditation for the operation of a training facility").

To go further Article R. 213-2 of the Highway Traffic Act.

Costs associated with qualification

Training leading to the activity of operating an institution that provides expensive training for applicants with the qualifications required for the profession of driving and road safety teacher is paid and its cost varies. according to the planned course.

For more information, it is advisable to get close to the institutions concerned.

b. EU or EEA nationals: for temporary and occasional exercise (Free Service Delivery)

There are no regulations for a national of a Member State of the European Union (EU) or part of the European Economic Area (EEA) wishing to practise as an operator of an institution providing for a fee training of candidates for the qualifications required for the profession of driving and road safety teacher in France, on a temporary or casual basis.

Therefore, only the measures taken for the free establishment of EU or EEA nationals (see below "5. "Qualification Recognition Process and Formalities") will find to apply.

c. EU or EEA nationals: for a permanent exercise (Free Establishment)

The EU or EEA national who is legally established in that Member State and who operates an institution that provides for a fee for the training of candidates for the qualifications required for the practice of the teacher's profession driving and road safety can, on a permanent basis, carry out the same activity in France from then on:

  • That he holds a certificate of competency or a training certificate required to carry out this activity in a state that regulates the profession and is issued by a competent or recognized authority;
  • where the state does not regulate the profession or training, the professional must justify having been in the job for at least one year full-time or part-time for an equivalent period of time in the last ten years.

In addition, any title or set of titles that:

  • was issued by a competent authority from another EU or EEA state;
  • sanctions state-recognized training that has issued the training certificate;
  • prepares for the practice of this profession or confers the same rights of access and practice to the profession.

Note that

The national of a third state in the EU justifies his ability to exercise as long as he is in possession of:

  • a training certificate issued in that third state but recognised as equivalent in a Member State;
  • three years of professional experience in the Member State which has admitted the title as an equivalent.

Once the professional fulfils these conditions, he will have to apply for recognition of his professional qualifications (see infra "5o. b. Application for recognition of qualifications for THE EU or EEA national for a permanent exercise (LE)).

In addition, the professional will have to justify having the language skills necessary to carry out his activity in France.

To go further Article R. 213-2-1 of the Highway Traffic Act.

Three degrees. Sanctions

As soon as the professional no longer meets the conditions (see supra "2." National requirements") necessary to grant the accreditation of its institution, the latter may be withdrawn.

The prefect of department may also decide to temporarily suspend the accreditation for up to six months if the professional incurs a conviction for a crime or a correctional sentence.

In addition, a professional is punished with one year's imprisonment and a fine of 15,000 euros for a professional:

  • operate such an establishment without having a licence;
  • to hire teachers in the school who do not have a licence to carry out their activity.

To go further Articles L. 213-5 to L. 213-6 and L. 212-1 of the Highway Traffic Act.

It's a four-degree one. Continuing vocational training and insurance

Continuous vocational training

The operator of an institution providing a one-cost fee for the training of candidates with the qualifications required for the profession of driving and road safety teacher is required to update his knowledge in order to renew its approval (see infra "5.0). a. Renewal of accreditation").

To do this, the professional must complete a three-day training course with 21 hours of training to strengthen their knowledge and skills.

The terms and content of the training are set out in Schedule I of the decree of 18 December 2002 cited below.

To go further : Order of 18 December 2002 setting the conditions for updating the knowledge of operators of driving educational institutions, for a fee, motor vehicles and road safety and operators of establishments approved to provide an expensive education for candidates with the qualifications required for the profession of driving and road safety teacher.

Insurance

In order to operate an institution that provides an expensive training of candidates with the qualifications required for the profession of driving and road safety teacher, the professional must take out a professional liability insurance.

In addition, the professional is required to take out such insurance for the risks incurred by his employees during their professional activity.

Five degrees. Qualification recognition procedures and formalities

a. Application for recognition of qualifications for EU or EEA nationals for permanent exercise (LE)

Competent authority

The EU national must send his application on free paper to the prefect of the department of his residence, or, if he does not reside in France, to the prefect of the department where he plans to carry out his activity.

Supporting documents

The application for recognition must be dated and signed and accompanied by the following documents, if any, with their translation into French:

  • A photocopy of his ID
  • An identity photograph less than six months old
  • proof of residence of less than six months
  • A photocopy of his certificate of competency and the credentials obtained to carry out his activity;
  • a statement justifying that he has sufficient knowledge of the French language to carry out his activity;
  • where neither access to the profession nor its exercise is regulated in that Member State, proof that the national has been engaged in this activity for at least one year in the last ten years.

Time

Upon receipt of the request, the prefect acknowledges it within one month and informs the applicant in case of missing part. The prefect then checks whether the applicant has the necessary knowledge to carry out his activity. If this is not the case, it may decide to subject it to a compensation measure (see below "Good to know: compensation measures").

As soon as all the conditions are met, the prefect issues a certificate of recognition of qualifications to the national according to a model defined in Schedule I of the order of 13 September 2017 referred to below.

To go further : decree of 13 September 2017 relating to the recognition of qualifications acquired in a Member State of the European Union or in another State party to the agreement on the European Economic Area by persons wishing to practise the professions regulated road education.

Good to know: compensation measures

Where there are substantial differences between the training acquired by the national and that required to carry out the activity in France, the prefect of the department may decide that he submits:

  • i.e. an adjustment course lasting at least two months and a maximum of one year;
  • or an aptitude test that consists of a professional interview with a qualified trainer.

To go further Article R. 213-2-1 of the Highway Traffic Act; September 13, 2017 aforementioned.

b. Application for certification for the operation of a training facility

Competent authority

The professional must send his dated and signed application to the prefect of the department of the place of his exploitation on free paper.

Supporting documents

The application must be accompanied by the following documents:

  • proof of identity and residence of the applicant;
  • A photocopy of his diplomas or training documents allowing him to carry out his activity;
  • if the applicant is a legal entity:- A copy of the registered statutes,
    • an excerpt of deliberation designating him as a legal representative,
    • a proof of legal advertising and a Kbis extract of less than three months,
    • a proof of the declaration of the territorial economic contribution or, failing that, a declaration of registration to the Union for the collection of social security contributions and family allowances;
  • A photocopy of the commitment designating the pedagogical director as such within the school;
  • for the pedagogical director, the photocopying of his contractual commitment designating him and the photocopy of his diploma of the certificate of fitness to train instructors teaching the driving of ground motor vehicles (BAFM). The latter will have to certify on the honour not to perform this function in another institution;
  • A photocopy of the title, lease of the premises, the address of the premises as well as a proof of ownership, the lease agreement or the provision of vehicles for training;
  • A certificate of liability insurance taken out by the applicant;
  • the list of all trainers by discipline as well as the photocopying of their diplomas.

Time

The prefect of department issues accreditation to the professional within one month and for a period of five years. At the end of this period, the professional will have to apply for a renewal of his accreditation. The prefect completes the file with an extract from criminal record 2 to verify that he was not the subject of any convictions referred to in sections L. 213-3 and R. 212-4 of the Highway Traffic Act.

To go further : decree of 12 April 2016 relating to the operation of institutions providing a fee for the training of candidates with the qualifications required for the practice of the profession of teacher of driving and road safety.

Renewal of accreditation

The renewal of the professional's accreditation is the subject of an application to the prefect of department at least two months before the expiry date of his accreditation.

The professional must attach to his request:

  • all the parts required for the issuance of an accreditation (see above "5 degrees). a. Supporting documents");
  • a certificate of updating his knowledge (see "4.0). Continuing vocational training").

To go further Article R. 213-6 of the Highway Traffic Act.

c. Remedies

French assistance centre

The ENIC-NARIC Centre is the French centre for information on academic and professional recognition of diplomas. Recognition of a foreign diploma is a procedure that evaluates the foreign diploma submitted in relation to the French nomenclature of training levels and the European Certification Framework (CEC). The ENIC-NARIC Centre France issues certificates of comparability.

Solvit

SOLVIT is a service provided by the National Administration of each EU member state or party to the EEA agreement. Its aim is to find a solution to a dispute between an EU national and the administration of another of these states. SOLVIT intervenes in particular in the recognition of professional qualifications.

Conditions

The person concerned can only use SOLVIT if he establishes:

  • that the public administration of one EU state has not respected its rights under EU law as a citizen or business of another EU state;
  • that it has not already initiated legal action (administrative action is not considered as such).

Procedure

The national must complete a online complaint form .

Once his file has been submitted, SOLVIT contacts him within a week to request, if necessary, additional information and to verify that the problem is within his competence.

Supporting documents

To enter SOLVIT, the national must communicate:

  • Full contact details
  • Detailed description of his problem
  • all the evidence in the file (for example, correspondence and decisions received from the relevant administrative authority).

Time

SOLVIT is committed to finding a solution within ten weeks of the day the case was taken over by the SOLVIT centre in the country in which the problem occurred.

Cost

Free.

Outcome of the procedure

At the end of the 10-week period, SOLVIT presents a solution:

  • If this solution resolves the dispute over the application of European law, the solution is accepted and the case is closed;
  • if there is no solution, the case is closed as unresolved and referred to the European Commission.

More information

SOLVIT in France: General Secretariat for European Affairs, 68 rue de Bellechasse, 75700 Paris ( official website ).