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Operator of road safety awareness training centre

1. Defining the activity

The operator of a road safety awareness training centre is in charge of administrative, legal and tax management.

These courses are offered to drivers wishing to collect lost points on their driver's licence, as well as to drivers who have been forced to follow up on such internships by a court decision.

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

The operation of an awareness internship centre is reserved for holders of prefectural accreditation.

The latter is obtained if the person concerned meets the following conditions:

  • conditions of honourability (see infra "3 degrees). a. Conditions of honorability, ethical rules, ethics);
  • Be at least 25 years old
  • justify initial training in the technical and administrative management of an accredited institution for the animation of road safety awareness courses;
  • Not having been the subject of a licence withdrawal in the previous three years;
  • justify minimum guarantees for accommodation, equipment and training organisation;
  • justify the professional qualification of the facilitators and their Authorization to exercise.

To go further Articles L. 213-1 and R. 213-2 of the Highway Traffic Act.

Training

The operator of an awareness training centre must have received initial training either from the National Institute of Road Safety and Research (Inserr) or from an accredited centre. This training should enable him to acquire the necessary skills for the technical and administrative management of such an institution.

For more information on the initial training , it is advisable to get closer to the Inserr .

To go further Articles 12 and 13, and Appendix 3 and 4 of the June 26, 2012 order setting out the operating conditions of the establishments responsible for organising road safety awareness courses.

Costs associated with qualification

Training pays off. For more information, it is advisable to get directly closer to these establishments.

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

There are no regulations for a national of an EU or EEA who wishes to practise as the operator of a road safety awareness training centre in France, either on a temporary or casual basis.

Therefore, only the measures taken for the free establishment of EU or EEA nationals (see infra "5o. a. Requesting recognition of his professional qualifications for the EU or EEA national for permanent practice") will apply.

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

Any national of an EU or EEA state who is established and legally operates a road safety awareness training centre in that state may carry out the same activity in France on a permanent basis if he:

  • holds a certificate issued by the competent authority of an EU or EEA state that regulates access to or exercise of the profession;
  • has worked full-time or part-time for one year in the last ten years in another Member State which does not regulate training or the practice of the profession.

Once he fulfils one of these conditions, the national must first apply for recognition of his professional qualifications from the prefect of the department where he plans to open his centre (see infra "5o. a. Request recognition of the EU or EEA national's professional qualifications for permanent practice (LE).

Recognition of his professional qualifications will allow him to apply for administrative approval from the same competent authority (see infra "5o. b. Request prefectural approval").

However, if the examination of the professional qualifications attested by the training credentials and the work experience shows substantial differences with the qualifications required for access to the profession and its exercise in France, the person concerned will have to submit to a compensation measure.

To go further Article R. 213-2-1 of the Highway Code and 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 practice the regulated professions of road education.

Three degrees. Conditions of honorability, ethical rules, ethics

a. Conditions of honorability

The operator of an awareness training centre must meet conditions of honour and justify:

  • not having been sentenced to a criminal or correctional sentence under section R. 212-4 of the Highway Traffic Act;
  • have not been the subject of a licence withdrawal in the last three years.

Note that

Operating a driving school without obtaining administrative approval is punishable by one year's imprisonment and a fine of 15,000 euros.

To go further Articles L. 213-3 and L. 213-6 and R. 212-4 of the Highway Traffic Act.

b. Obligation for continuous professional development

The operator must undergo continuous training allowing him to update his knowledge, reflect and exchange on the professional practices of coaching these internships in order to best meet all the administrative conditions. and educational establishments set by the regulations.

The continuing training is organised by the Inserr or by an accredited centre and takes place over a 7-hour training day.

To go further Articles 12 and 13, and Appendix 4 of the June 26, 2012 ordinance setting out the operating conditions of the establishments responsible for organising road safety awareness courses.

It's a four-degree one. Insurance

The operator is required to take out professional liability insurance covering him and his employees for any damage caused to third parties by acts carried out during their professional activity.

Five degrees. Qualification recognition procedures and formalities

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

Competent authority

The prefect of the department where the national wishes to settle is competent to decide on the application for recognition of professional qualifications.

Supporting documents

The application is made by filing a file that includes the following supporting documents:

  • The request for recognition to be sought from the services of the prefect of the department, dated and signed;
  • A photocopy of an ID
  • An identity photograph less than six months old
  • proof of residence of less than six months
  • The two-sided photocopy of the driver's licence;
  • A photocopy of certificates of competency or training documents obtained for the exercise of the activity of operator of a driving school;
  • A statement regarding his knowledge of the French language for the practice of the profession concerned;
  • if applicable, a certificate of competency or a training document justifying that the national has been active for at least one year in the last ten years in a state that does not regulate the training or its exercise.

Procedure

The prefect acknowledges receipt of the file within one month and has two months from that same date to decide on the application.

In the event of substantial differences between the training he has received and that required to carry out the activity in France, the prefect may submit him to an aptitude test or an adaptation course.

The aptitude test, carried out within a maximum of six months, is in the form of an interview with a trainer appointed by the prefect of the department. The adaptation course is carried out for a minimum of two months in an approved road safety awareness centre

After checking the documents in the file and, if necessary, after receiving the results of the chosen compensation measure, the prefect will issue recognition of qualifications whose model is specified in the Annex September 13, 2017.

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.

Upon receipt of the file, the prefect will have one month to inform the national of any missing documents. In the event of substantial differences between the training and experience of the national and those required in France, he may decide to submit him to a compensation measure.

Good to know: compensation measures

The prefect may subject the national to an adjustment course of up to one year or an aptitude test. These measures must take place within six months of the prefect's decision.

b. Request prefectural approval

Competent authority

The prefect of the department of the place of establishment of the center is competent to decide on the application for accreditation of the national.

Supporting documents

The application is made by filing a file that includes the following supporting documents:

  • The Form application for accreditation to be sought from the services of the prefect of department;
  • A valid piece of identification
  • If he is a foreign national, a piece of identification accompanied, if necessary, by a residence permit attesting to the regularity of his stay;
  • Proof of residence
  • A copy of the initial or continuing training certificate in the technical and administrative management of an institution responsible for organising road safety awareness courses;
  • a plan and description of the premises whose specific characteristics are detailed in Article 2 of the decree of 26 June 2012 setting out the operating conditions of the establishments responsible for organising road safety awareness courses, as well as the name and quality of the establishment (Siren or Siret number, postal address, etc.);
  • a certificate of liability insurance guaranteeing the trainees of the centre against the risks they may incur as a result of teaching;
  • The forecast schedule for internships for the first year of the year;
  • a proof of the contractual relationship with the facilitators and a copy of their authorisation to practice.
  • if he is the legal representative of a legal person, a copy of the statutes, the extract from the register of commerce and companies dating back less than three months or, if that legal person is an association, a copy of the statutes of the declaration of the association in the Official Journal and, if necessary, the last declaration of change of the persons in charge of the administration or management of the association, or the mandate to represent the association;
  • the justification for listing the role of the company's property tax or, failing that, a declaration of registration with the Urssaf;
  • possibly, the list and contracts of the persons appointed by the operator for the reception and technical and administrative supervision of the internships.

What to know

If necessary, the pieces must be translated into French by a certified translator.

Procedure

The accreditation is issued for five years renewable. In the event of a renewal, the national must apply at least two months before it expires.

To go further : Stopped June 26, 2012 setting the operating conditions of the establishments responsible for organising road safety awareness courses.

b. Remedies

French assistance centre

The ENIC-NARIC Centre is the French centre for information on academic and professional recognition of diplomas.

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 the European right, 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 ).