Driving instructor road legislation teacher by IMI PQ NET Romania

MINISTRY OF NATIONAL EDUCATION

EUROPEAN UNION

ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PEOPLE PROTECTION AMPOSDRU

European Social Fund POS DRU 2007- 2013

Structural Instruments 2007 - 2013

Invest in people! EUROPEAN SOCIAL FUND Human Resources Development District Operational Program 2007 – 2013 Priority Axis 3 „WORKERS AND COMPANIES ADAPTABILITY DEVELOPMENT” Intervention major field 3.3 „Development of partenerships and encouragement of social partners and civil society initiatives" Title of the project: “Competent Authorities Network for the Professional Competences in Romania (IMI PQ NET Romania)” Beneficiary: Ministery of National Education Contract no. POSDRU/93/3.3/S/53132

CERTIFICATION AND RECOGNITION GUIDE FOR PROFESSIONS IN ROAD TRANSPORTS FIELD: DRIVING INSTRUCTOR / ROAD LEGISLATION TEACHER

Author: ETS ANC: Dr. Eng. Carmen Debeleac

MINISTRY OF NATIONAL EDUCATION

EUROPEAN UNION

ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PEOPLE PROTECTION AMPOSDRU

European Social Fund POS DRU 2007- 2013

Structural Instruments 2007 - 2013

CONTENTS Introduction.....................................................................................

1. Situation of the regulation in Romania and other member states of European Union for the Driving Instructor profession ............................................................................................

2. Validation/certification procedures of the competences applied by

from the

states

which

the

profession

regulated...................

2.1 Validation/certification procedures of the competences for the Driving Instructor profession exercise in Czech

Republic..... 2.2 Validation/certification procedures of the competences for the Driving Instructor profession exercise in Denmark........................................................................

2.3 Validation/certification procedures of the competences for the Driving Instructor profession exercise in Great Britain.................................................................

2.4 Validation/certification procedures of the competences for the Driving Instructor profession exercise in Netherlands.............................................................................

2.5 Validation/certification procedures of the competences for the Driving Instructor profession exercise in Spain.... 2.6 Validation/certification procedures of the competences for 2

MINISTRY OF NATIONAL EDUCATION

EUROPEAN UNION

ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PEOPLE PROTECTION AMPOSDRU

European Social Fund POS DRU 2007- 2013

Structural Instruments 2007 - 2013

the Driving Instructor profession exercise in Romania................................................................................

3. Recognition processes for the professions obtained in other member states of the European Union ....................................................

3.1 Recognition process in Czech Republic of the Driving Instructor profession acquired in other MS of EU ......

3.2 Recognition process in Denmark of the Driving Instructor profession acquired in other MS of EU .....

3.3 Recognition process in Great Britain of the Driving Instructor profession acquired in other MS of EU .......

3.4 Recognition process in Netherlands of the Driving Instructor profession acquired in other MS of EU ....

3.5 Recognition process in Spain of the Driving Instructor profession acquired in other MS of EU ....

3.6 Acnowledgement process in Romania of the Driving Instructor profession acquired in other MS of EU .....

3.7 SOLVIT…………………………………………................

4. Driving Instructor profession exercise in EU……...............….

Conclusions...…………………………………………………......

Bibliography………..…………………………………………...

APPENDIX…………………………………………………......

MINISTRY OF NATIONAL EDUCATION

EUROPEAN UNION

ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PEOPLE PROTECTION AMPOSDRU

European Social Fund POS DRU 2007- 2013

Structural Instruments 2007 - 2013

INTRODUCTION The Guide for the certification of competences and recognition of some professions in road transports field (Driving instructor, Road legislation teacher) is one of the results of the project Competent Authorities network for Professional Competences in Romania - IMIPQNET implemented by the Ministry of National Education (MNE) in partenership with the National Authority for Competences (NAC) and with the Institute for Social Policies (ISP), co-financed from the European Social Fund by the District Operational Program for te Human Resources Development 2007 â&#x20AC;&#x201C; 2013 (POSDRU). Within the framework of the project have been analyzed, together with the representatives of the Competent Authorities, the validation and certification procedures of the competences and the recognition processes of the competences for each profession regulated in Romania emphasizing the common elements, finally resulting standard validation and certification schemes of the competences corresponding to all professions regulated and for the recognition competences process. There have, also, been done comparative analyses between Romania and a few of the member states (MS) of European Union (EU) regarding the way the competences areobtained, the education and professional training system, the types of documents (diplomas, certificates, competence certificates) that can be obtained at the training 4

MINISTRY OF NATIONAL EDUCATION

EUROPEAN UNION

ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PEOPLE PROTECTION AMPOSDRU

European Social Fund POS DRU 2007- 2013

Structural Instruments 2007 - 2013

certification, regulations regarding the validation, certification and recognition of the competences, profesions regulated according to the Directive 2005/36/CE regarding the recognition of the professional competences. Within the framework of the project have been organized survey visits in the MS of EU where have participated the members of the work group from IMIPQNET together with the experts of the MNE and of NAC.

This guide is made according to the standard indicative reference terms for the validation and certification procedures of the competences and of the recognition processes of the competences, elaborated within the framework of the project and validations in the workshops of the working groups. The elaboration of the guide for the certification and recognition of the professions as Driving instructor and Road legislation teacher ensures: ď&#x201A;ˇ

the support of Competent Authority in Romania (in the present case the Romanian Road Authority) in the standardization activity of the certification and recognition processes of the competences regulated that it manages, by information with respect to the existing practices in some of MS of EU where these professions exist and are regulated;

MINISTRY OF NATIONAL EDUCATION

EUROPEAN UNION



ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PEOPLE PROTECTION AMPOSDRU

European Social Fund POS DRU 2007- 2013

Structural Instruments 2007 - 2013

informaton of the persons in Romania who wish to exercise the regulated profession of driving instructor in MS of EU as well as in Czech Republic, Denmark, Great Britain (England and Northern Ireland), Netherland and Spain.

1. SITUATION OF THE REGULATION IN ROMANIA AND IN OTHE MEMBER STATES OF EUROPEAN UNION FOR THE DRIVING INSTRUCTOR PROFESSION The driving instructor profession is found in 20 of MS of EU, as resulted from the data base of the internal markert information system - IMI (according to Table A1 APPENDIX). The generic title of this profession registered in the IMI system is Driving instructor and is distinguished as follows: in Belgium – Driving Instructor, in Bulgaria – Driving Instructor, in Cyprus – Driving Instructor, in Czech Republic – Driving Instructor, School Driving Instructor, Driving test examiner, in Denmark – Driving Instructor, in Finland – Driving Instructor Instructor, in France – Driving and road safety Instructor, in Greece – Driving Instructor, in Iceland – Driving Instructor, in Malta – Driving Instructor, in Netherland – Driving Instructor, in Norway - Driving Instructor, in Poland – Driving Instructor, in Portugal – Driving Instructor, in Slovakia – Driving Instructor, in Romania – Driving Instructor, Road legislation teacher, in Spain – Driving Instructor, Road legislation teacher, in 6

MINISTRY OF NATIONAL EDUCATION

EUROPEAN UNION

ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PEOPLE PROTECTION AMPOSDRU

European Social Fund POS DRU 2007- 2013

Structural Instruments 2007 - 2013

Sweden – Driving Instructor, in Swetzerland – Monitor for the driving school, in Anglia and Northern Ireland – Driving authorized Instructor. The basic normative acts for the regulation of the professions that are the object of this guide, in the compared countries (Romania, Spain, Czech Republic, Denmark, Netherland, Great Britain), are shown in table no. 1.

Table 1. Situation of the profession regulation Country Romania Spain Czech Republic

Denmark

Normative acts OMT rules no. 733 from 2013 published in The Official Gazette, I Part, no. 267 from 13.05.2013 Royal Decree 1295/20031 revised by the Royal Decree 369/2010, Rules of procedure and organization of driving schools2 Act No. 247/2000 Coll. and Order 167/2002 of the Ministry of Transports Rules of road traffic in Denmark (The Danish Road Traffic Act), Law no. 1047 from 24 october 2011 and the Order of the Minister no. 1563 from 20 december 2007

Royal Decree 1295/2003 from 17th october, regarding the approval of the Rules of procedure and organization of the driving private schools 2 Rules of procedure and organization of the driving school, Edited by the Ministry of Interior – General Directorate of traffic, 2011 http://www.dgt.es/was6/portal/contenidos/documentos/formacion_educacion/cu rsos_prof_autoescuelas/XIV_Curso_28_NormativaReguladoraCF.pdf accesat la data de 9.05.2013 7

MINISTRY OF NATIONAL EDUCATION

EUROPEAN UNION

ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PEOPLE PROTECTION AMPOSDRU

European Social Fund POS DRU 2007- 2013

Structural Instruments 2007 - 2013

From the statistc data available in IMI system, we notice the reduced mobility of the citizens between MS of EU, that are driving instructors as a profession (fig. 1).

a) Countries of origin

b) Host countries

Fig. 1 Mobility of the driving instructors in MS of EU The countries where most persons qualified as driving instructor leave from (Sweden, Denmark, Netherland etc.) are graphically represented in fig. 1a, and in fig. 1b are shown the host countries (Norway, Belgium, Great Britain etc.).

2. VALIDATION/CERTIFICATION PROCEDURES OF THE COMPETENCES APPLIED BY CA FROM THE COUNTRIES IN WHICH THE PROFESSION IS REGULATED 8

MINISTRY OF NATIONAL EDUCATION

EUROPEAN UNION

ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PEOPLE PROTECTION AMPOSDRU

European Social Fund POS DRU 2007- 2013

Structural Instruments 2007 - 2013

2.1. Validation/certification procedure of the competences for the exercise of the Driving Instructor profession in Czech Republic

In Czech Republic, there are 3 professions similar to those in Romania that are the object of this guide such as: Driving Instructor, School Driving Instructor, Driving Test Examiner. The Competent Authorities that manage these professions are Regional Authorities from the Ministry of Transports in Czech Republic. The basic normative Act for the regulation of these professions is Act No. 247/2000 Coll. and the Order 167/2002 of the Ministry of

Transports. The access conditions required to the citizens who wish to qualify as driving instructor are the following: a) education:

secondary

education

finished

with

bachelor

examination for those who wish to get a professional certificate only as theory instructor or complete (theory+practice); secondary education (no bachelor examination) in cars constructions field or mechanic field for those who wish to get a professional certificate as road practice instructor; b) age: min. 24 years old; c) driving experience in the category they wish to get the instructor certificate: min. 3 years (except for only those who wish to

MINISTRY OF NATIONAL EDUCATION

EUROPEAN UNION

ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PEOPLE PROTECTION AMPOSDRU

European Social Fund POS DRU 2007- 2013

Structural Instruments 2007 - 2013

become road legislation instructors to whom this condition is not required); d) psychological and medical opinion (according to the Order no.

167/2002 of the Ministry of Transports) paid with a tax of 2500 CZK VAT included; e) owner of a driving licence for the category he wishes to get the instructor certificate; f) theoretical courses and practical training courses: road legislation (140 hours, tax: 14823 CZK VAT included); road practice (140 hours, tax: 14823 CZK VAT included); road and practice legislation (230 hours, tax: 19663 CZK VAT included); g) no driving restriction during the last 3 years. Documents in the file for the certification of the competences as driving instructor are: -

aplication form;

identity card;

driving licence;

photos;

psychological and medical opinion;

documents to certify the education and attendance of characteristic courses for the training as a driving instructor;

clean criminal record certificate.

MINISTRY OF NATIONAL EDUCATION

EUROPEAN UNION

ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PEOPLE PROTECTION AMPOSDRU

European Social Fund POS DRU 2007- 2013

Structural Instruments 2007 - 2013

The validity of the documents in the file is of maximum 30 days from the registration date at the Regional Offices in Czech Republic where the candidate examination takes place. The certification and the validation of the competences of a driving instructor in Czech Republic is done by having 2 examinations and 2 practical tests, as follows: a) written examination (30 min.); b) oral examination; c) driving test; d) practical training test (45 min.). The professional competences certificates obtained at the end of the professional training cycle are of 3 types, according to the training activities: road legislation / road practice / road legislation and practice. 2.2. Validation/certification procedure of the competences for the exercise of the Driving instructor profession in Denmark

In Denmark there is only one profession similar to the two in Romania that are the object of this guide and is called Driving instructor. The competent authority that manages this profession is the Danish National

Police

(Rigspolitiet

Polititorvet

1780

KĂ¸benhavn

V.Danmark), and the Road traffic regulation in Denmark (The Danish Road Traffic Act), Law no. 1047 from 24 october 2011 and the Order of 11

MINISTRY OF NATIONAL EDUCATION

EUROPEAN UNION

ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PEOPLE PROTECTION AMPOSDRU

European Social Fund POS DRU 2007- 2013

Structural Instruments 2007 - 2013

the Minister no. 1563 from 20 december 2007 are the basis of the regulation for the driving instructor profession in Denmark. The access conditions that a person must fulfill in order to get the qualification as a driving instructor are the following: a) education: secondary education; b) age: min. 21years old; c) experience: min. 3 years of driving in the category in which he wishes to get the instructor certificate; d) psychological and medical opinion; e) theoretical courses and pactical training courses with duration of 8 months under the guidance of an instructor authorized by the National Police Station in Denmark (tax: 320 dkr); f) a clear criminal record certificate that is under the incidence of the Danish Criminal Code (chap. 78, paragraph 2) that refers to the sentences with respect to crimes and genocide. The certification and the validation of the competences of a driving instructor in Denmark are done by having 2 examinations and 2 practical tests before an examining board, as follows: a) written examination (30 min.) with 45 questions;

b) oral examination; c) driving test (30 min.); d) practical training test.

MINISTRY OF NATIONAL EDUCATION

EUROPEAN UNION

ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PEOPLE PROTECTION AMPOSDRU

European Social Fund POS DRU 2007- 2013

Structural Instruments 2007 - 2013

These examinations are taken twice a year, and participate a certain number of persons (different sample according to necessities).

2.3. Validation/certification procedure of the competences for the exercise of the Driving instructor profession in Great Britain In Great Britain there are the professions regulated such as Driving Instructor and Authorized driving Instructor. The competent authority to regulate these professions is Driving Standard Agency. The access conditons to become a Driving Instructor in Great Britain are: a) education: there is no regulation to mention its level; b) age: min. 21years old; c) owner of a community or of a citizen driving licence in Great Britain or Northern Ireland; d) experience: 3 years of driving; e) psychological and medical opinion; f) clean criminal record certificate during the last 4 years; g) registration in the Register of potential driving instructors (Potential

Driving

Instructor

PID)

the

link

businesslink.gov.uk/potentialadi. In term of 10 working days, the data introduced in the Register are processed and the 13

MINISTRY OF NATIONAL EDUCATION

EUROPEAN UNION

ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PEOPLE PROTECTION AMPOSDRU

applicant

European Social Fund POS DRU 2007- 2013

receives

Structural Instruments 2007 - 2013

identification

number

(Personal

Reference Number - PRN); h) theoretical and practical training courses: - ADI 1 module + ADI 2 module (total 40 hours) to get an authorized trainee instructor licence; - ADI 3 module to get a professional competence certificate for the authorized driving instructor; i)

passing the two practical exmination taken during the last 2 years.

The courses are attended in institutions, driving schools, universities, but there is the possibility to attend distance courses. Regarding the acces conditions for Authorized driving instructor for motorcycles, are the following: a) education: there is no regulation to mention its level; b) age: min. 21years old; c) owner, during the last 3 years, of a driving community or citizen licence in Great Britain or Northern Ireland, A2 or A class; d) two practical examination passed during the last 2 years; e) training course of 2 days at the training centre in Cardington Bedfordshire, authorized by the Driving Standard Agency (Driving Standard Agency - DSA). The training a driving instructor for motorcycles (A class) includes 3 levels: 14

MINISTRY OF NATIONAL EDUCATION

EUROPEAN UNION

ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PEOPLE PROTECTION AMPOSDRU

European Social Fund POS DRU 2007- 2013

Structural Instruments 2007 - 2013

the instructor has been declared admitted after a test taken with an instructor certified by Cardington, Bedfordshire, in a driving authorized centre. DAS shall issue for him a professional competence certificate CBT1 that entitles him to give CBT level courses for an authorized school;

instructor certified by Cardington, Bedfordshire, that had there successfully courses for two days. Such an instructor must be minimum an employee of a driving school to be recognized by DSA. For every 10 driving instructors there must be an instructor qualified at Cardington. The certification of the professional competences of these instructors is made of the certificate they receive - CBT1C;

the instructors with direct access for giving courses, that have half a day improvement courses at DAS according to the intensive training scheme (Direct Scheme Access Courses DAS), get a CBT1D certificate.

If for a period of 12 months the applicant didnâ&#x20AC;&#x2122;t pass the tests for getting the driving instructor certificate for motorcycls, then the following application shall be after one year. The certification and validation process of the education results after attending the professional training cycle and consists in:

MINISTRY OF NATIONAL EDUCATION

EUROPEAN UNION

ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PEOPLE PROTECTION AMPOSDRU

European Social Fund POS DRU 2007- 2013

Structural Instruments 2007 - 2013

a) written examination (90 min.) with questions from: road legislation, technical training, auto mechanic knowledges, risk perception etc.; b) driving test (60 min.); c) pratical training test. One can notice the lack of oral examination if we compare the examining ways with the other MS of EU. After passing the examination, CA issues thee folowing certificates: -

Trainee driving instructor licence class B;

Professional competence certificate for authorized driving instructor (practice+theory) class B;

Professional competence certificate for authorized driving instructor for motorcycles class A2 or A.

2.4. Validation/certification procedure of the competences for the exercise of the Driving instructor profession in Netherlnd

In Netherland, there is the regulated profession of Driving instructor that has CA Innovam Groep by the Examining and certification Institute â&#x20AC;&#x201C; IBKI. The access conditions for the persons who wish to become driving instructor are the following: a) education: secondary education; b) age: min. 18 years old; 16

MINISTRY OF NATIONAL EDUCATION

EUROPEAN UNION

ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PEOPLE PROTECTION AMPOSDRU

European Social Fund POS DRU 2007- 2013

Structural Instruments 2007 - 2013

c) driving licence class B; d) theoretical and practical training courses (distance courses). In Netherland, there is the possibility for the voluntary signup for taking an introduction course (for free) which is finished by testing the driving instructor characteristic abilities. If the the students prove they are able to exercise such a profession they then apply for the normal training stage in order to get the driving instructor certificate. In order to become a driving instructor the students with no driving licence must pass an examination taken at one of the Training Institute branches Innovam-IBKI (Innovam Branchekwalificatie-Instituut, IBKI). After passing the examination the students shall receive a certificate according to Law for driving training valid since 1993 (Wet rijonderricht motorvoertuigen 1993, WRM), known as WRM certificate. Further, the students must follow an additional training. These requests do not apply if the students already have a driving licence. The certification and the validation of the competences of a driving instructor is done by taking 2 examinations and 2 practical tests, as follows: a) written examination (30 min.) with questions from pedagogy, psychology, road safety and legislation; b) oral examination; c) driving test (90 min.); d) practical training test.

MINISTRY OF NATIONAL EDUCATION

EUROPEAN UNION

ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PEOPLE PROTECTION AMPOSDRU

European Social Fund POS DRU 2007- 2013

Structural Instruments 2007 - 2013

IBKI issues a professional competence certificate for a driving instructor (practice+theory). 2.5. Validation/certification procedure of the competences for the exercise of the Driving instructor profession in Spain

In Spain there are two professions: Driving Instructor, Road legislation teacher, that are regulated by the Royal Decree 1295/20033 revised by the Royal Decree 369/2010, the Rules of pocedures and organization of the driving schools4. CA for these professions is the Ministry of Interior. The access conditions for the persons who wish to become Driving instructors in Spain are the following: a) education: secondary education or professional school; b) age: min. 20 years old; c) psychological opinion; d) theoretical and practical training courses (total: 210 hours).

Royal Decree 1295/2003 from 17 october, regarding the approval of the Rules of procedures and organization of the private driving schools 4 Rules of procedures and organization of the driving schools, Edited by the Ministry of Interior â&#x20AC;&#x201C; General traffic Directorate, 2011 http://www.dgt.es/was6/portal/contenidos/documentos/formacion_educacion/cu rsos_prof_autoescuelas/XIV_Curso_28_NormativaReguladoraCF.pdf accesat la data de 9.05.2013 18

MINISTRY OF NATIONAL EDUCATION

EUROPEAN UNION

ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PEOPLE PROTECTION AMPOSDRU

European Social Fund POS DRU 2007- 2013

Structural Instruments 2007 - 2013

The access conditions for the persons who wish to become Road legislation teachers are: a)

education: secondary education or technical professional school;

b) driving licence class B; c) driving experience: min. 2 years; d) medical opinion; e) professional trainig courses (total: 450 hours). The certification and the validation of the competences of a Driving instructor is done by: a) written examination; b) oral examination (30 min.); c) driving test (40 min.). The certification and the validation of the competences of a Road legislation teacher are obtained after some examinations such as: a) written examination; b) driving test; c) practicl training test with the students. CA issues professional competence certificates both for the driving instructor and for the road legislation teacher, but also an authorization for the road legislation teacher. These certificates are valid for an unlimited period of time. 19

MINISTRY OF NATIONAL EDUCATION

EUROPEAN UNION

ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PEOPLE PROTECTION AMPOSDRU

European Social Fund POS DRU 2007- 2013

Structural Instruments 2007 - 2013

2.6. Validation/certification procedure of the competences for the exercise of the Driving instructor profession in Romania

The professions of driving instructor and road legislation teacher are regulated in Romania by the OMT norms no. 733 from 20135. The citizens that have these professions may perform the training activities for the persons in order to get the driving licence only if they are certified by the Ministry of Transports by Romanian Road Authority â&#x20AC;&#x201C; R.R.A. who is the Competent Authority. The access conditions for a person to be qualified as Driving instructor are the following: a) education: graduate of high-school with a bachelor diploma or graduate of masters schools in auto specialty; b) age: min. 25 years old; c) owner f a driving licence; d) experience: min. 5 years for the requested category; 5

Order of the Minister of Transports for the approval of the Norms regarding the authorization of drivers and for instructors schools, of the Norms regarding the certification of the road legislation teachers and of the driving instructors, of the Methodology for the organization and performance of the teoretical and practical training courses of the persons in order to get the driving licence, of the Tuition program, as well as regarding the conditions and obligations for the theoretical and practical training of the persons in order to get the driving licence, published in the Official Gazette, I Part, no. 267 from 13.05.2013 20

MINISTRY OF NATIONAL EDUCATION

EUROPEAN UNION

ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PEOPLE PROTECTION AMPOSDRU

European Social Fund POS DRU 2007- 2013

Structural Instruments 2007 - 2013

e) not have the driving licence annuled during the last 10 years or

suspended during the last year or more than twice during the last 15 years for alcohol consumption; f) training course of 120 hours from which 90 theoretical training hours and 30 practical training hours. To get an additional category for the driving instructor certificate, the duration of training will be of 30 hours (20 theory hours and 10 practical hours). The access conditions for a person to get qualified as a Road legislation teacher are the following: a) education: graduate of institutions accredited by the long term high education for the specialties such as legal or technical sciences; b) age: min. 25years old; c) driving licence for class B; d) driving experience: min. 5 years; e) without cancellation of the driving licence during the last 10 years; f) theoretical training course (90 hours). When the file is done for the Certification of the driving instructor one needs the following documents: a) the application form, in original, from which to result, among other things, name and surname of the person, type of requested 21

MINISTRY OF NATIONAL EDUCATION

EUROPEAN UNION

ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PEOPLE PROTECTION AMPOSDRU

European Social Fund POS DRU 2007- 2013

Structural Instruments 2007 - 2013

certificate, categories of vehicles for which one requests the certification; b) the identity card, copy; c) driving licence, copy; d) studies document, certified copy; e) auto record, original; f) medical and psychological opinion, original; g) clean criminal record certificate, original. To make the file for the Certification of the road legislation teacher, it must contain the following documents: a) the application form, in original, from which to result, among other things, the name and surname of the persons, the type of the requested certificate, the categories of vehicles; b) the identity card, copy; c) driving licence, copy; d) studies document, certified copy; e) auto record, original; f) medical and psychological opinion, original; g) clean criminal record certificate, original. The certification and validation of the competences of a driving instructor /road legislation teacher is done as follows: -

for the certification of a driving instructor: written examination

held in a computer system â&#x20AC;&#x201C; grid test with 60 questions (60 min.) anda practial test in traffic â&#x20AC;&#x201C; verification of the knowledge of the 22

MINISTRY OF NATIONAL EDUCATION ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PEOPLE PROTECTION AMPOSDRU

EUROPEAN UNION

European Social Fund POS DRU 2007- 2013

Structural Instruments 2007 - 2013

rules of the road on public roads and knowledge of the vehicle (30 min.); -

for the certification of the road legislation teacher: written

examination held in a computer system â&#x20AC;&#x201C; grid test with 60 questions (60 min.) and an oral test for the valuation of psycho-pedagogical capacities (15 min). These examinations are held after proving the payment of a tax, the updated value of this being available on the site of CA at the link: http://www.arr.ro/doc_304_Legislatie-nationala_pg_0.htm. During the elaboration of this guide the examination taxes were: - for the certification of the driving instructor: 48 lei/requested class; - for the renewal of the driving instructor certification: 36 lei; - for the certification (or renewal) of a road legislation teacher: 36 lei. Romanian Road Authority issues Certificates of professional training both for driving instructors and for the road legislation teachers.

3. RECOGNITION PROCESSES FOR THE PROFESSIONS GOT IN OTHER MEMBER STATES OF EUROPEAN UNION Directive 2005/36/CE regarding the recognition of the professional competences presents three types of recognition by: 23

MINISTRY OF NATIONAL EDUCATION

EUROPEAN UNION



ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PEOPLE PROTECTION AMPOSDRU

European Social Fund POS DRU 2007- 2013

Structural Instruments 2007 - 2013

recognition automatic system appliable for the following professions: nurse, dentist, veterinary, midwife, architect, pharmacist and doctor;



recognition general system based on mutual confidence between the member states of European Union, appliable for a number of professions. In this situation the recognition is not automatic, but needs a comparison between the professional training courses – stipulated between the two states, as well as the possibility if there are "substantial differences", at compensatory measures (capacity test or an adjustement period);



the system based on the professional experience gained in the origin country, that applies to the activities of handcrafted type, commercial or industrial (Directive 2005/36/CE – Appendix IV).

From the point of view of the level qualifications that submit to the recognition general system, the Directive 2005/36/CE regarding the recognition of the professional competences identifies 5 levels of professional competences: 

competence certificate issued by a competent authority in the origin member state, who certifies either the owner gained the general knowledges corresponding to a training at the secondary education level or in high-school, or that he attended the professional training courses that are not the object of a 24

MINISTRY OF NATIONAL EDUCATION

EUROPEAN UNION

ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PEOPLE PROTECTION AMPOSDRU

European Social Fund POS DRU 2007- 2013

Structural Instruments 2007 - 2013

certificate or a diploma, or he passed a special examination without a prior training, or that he has a three years professional experience; 

certificate that corresponds to a technical or professional studies



cycle, or of a general type, completed by a professional training; diploma that certifies the graduation of some training courses at the level of the secondary education of at least one year or of some training courses that prepair him for a comparable level of responsibilities and positions;



diploma that certifies the graduation of some training courses at the secondary or university education level of least three years and at most four years;



diploma that certifies the graduation of some training courses at the secondary or university education level of least four years.

About the professions generically named Driving instructor, their recognition in MS of EU where they are regulated is done according to

the recognition general system (at the first application). In this regard, the applicant must bring the necessary documents for the recognition of the professional competences at the competent authority who must take a decision in a limited term. If, according to the received documents, a positive decision can not be given then the applicant may be required to take a test.

MINISTRY OF NATIONAL EDUCATION

EUROPEAN UNION

ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PEOPLE PROTECTION AMPOSDRU

European Social Fund POS DRU 2007- 2013

Structural Instruments 2007 - 2013

The capacity test may be applied by CA from the host MS in order to know which are the differences between the two professional competences that must be covered by compensatory measures. As the driving instructor activity implies knowing the national road legislation, the capacity test is a compensatory measure frequently used for the recognition of the driving instructor qualification. CA from the host MS shall establish the questions for the capacity test taking into account both the knowledges gained by the applicant during the formal qualifications, and the ones he gained in informal contexts or nonformal ones, as the ones that have a practical experience. The initiation of the recognition process as well as the organization of the capacity test may be done by CA after the applicant proves the payment of a tax that mustnâ&#x20AC;&#x2122;t be greater than the involved costs and mustnâ&#x20AC;&#x2122;t be discriminatory towards its own nationals placed in similar situations.

3.1. The recognition process in the Czech Republic for the Driving instructor profession gained in other MS of EU

Transposition in the Czech legislation of the Directive 2005/36/CE

regarding the recognition of the professioal competences is represented

MINISTRY OF NATIONAL EDUCATION

EUROPEAN UNION

ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PEOPLE PROTECTION AMPOSDRU

European Social Fund POS DRU 2007- 2013

Structural Instruments 2007 - 2013

by the Act No 18/2004 Coll.6 according to which the recognition procedure is performed for the professional competences obtained in other MS of EU. If a person wishes the recognition of the professional competence with the generic title of driving instructor then he must go through the following steps of the recognition procedure according to the Act No. 247/2000 Coll: a) getting the application form that may be downloaded on-line from the site http://uok.mMSt.cz/uok or, directly from the Competent Authority from the Ministry of Transport or Ministry of Education, Youth and Sport (which is the national point of contact); b) filling in the application form on-line and presenting the following proves: ď&#x201A;ˇ

documents that offer information regarding the name and surname, date of birth, citizenship, mailling address. The identity card is the citizenship prove of a MS of EU which must be presented in photocopies, and, at request, the documents in original or certified photocopies (authentificated at the notary office);

Act No 18/2004 Coll. on the Recognition of Professional Qualifications and Other Competence of the Nationals of EU Member States and amending certain laws (the Act on the Recognition of Professional Qualifications) 27

MINISTRY OF NATIONAL EDUCATION

EUROPEAN UNION



ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PEOPLE PROTECTION AMPOSDRU

European Social Fund POS DRU 2007- 2013

Structural Instruments 2007 - 2013

documents for the recognition of the regulated profession one wishes to exercise in Czech Republic. The proves of the professional competences and/or of other competences you have gained must prove your education and training, by mentioning the level of education, duration and the content of the education or training you have gained. These documents must be translated in Czech language, and if between the origin state and the host one there is an international treaty, as for the Hague Convention beween Romania and the Czech Republic (valid since 2001), then the translation is no longer necessary.



a statement regarding the type of exercise for the regulated profession (providing self-employed activities or as an employee);



the receipt one proves the administrative tax has been paid for the recognition of the professional competences (2000 CZK);

c) presenting the application accompanied by the requested documents to the competent authority. The answer given by the CA for the given application is obliged to issue in 60 days term from the complete application deposit. In the case of the consolidated proceedings or a very complex application, the competent authority is legally obliged to take a decision in term of maximum 90 days. If the decision enters in a legal litigation, the competent authority is obliged to give back in term of 15 working days all the documents given by the applicant; 28

MINISTRY OF NATIONAL EDUCATION

EUROPEAN UNION

ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PEOPLE PROTECTION AMPOSDRU

European Social Fund POS DRU 2007- 2013

Structural Instruments 2007 - 2013

d) appeal against the decision of the competent authority by an appeal to the Permanent Board of Appeals, in term of 15 days after anouncing the decision to the competent authority. In Czech Republic, the recognition of the high studies attended in the origin country (any MS of EU) is decided by the public institutions of high education7. Ministry of Education, Youth and Sport shall issue a certificate of recognition for the high studies only if it has been obtained in a state the Czech Republic has an agreement regarding the recognition of the studies documents, or if there are curriculum differences, may propose the curriculum filling by a study program with a similar content, finished with examinations.

3.2. Recognition process in Denmark of the Driving Instructor profession obtained in other MS of EU

In Denmark, the authority with a role in the recognition of professional qualifications is Ministry of Science, Technology and Innovation (which is the National Point of Contact). Generally, the content of the documents that a person must give in order to get the recognition of a professional qualification is: 7

Act No. 111/1998 on Higher Education Institutions and on Amendments and Supplements to Some Other Acts 29

MINISTRY OF NATIONAL EDUCATION

EUROPEAN UNION

ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PEOPLE PROTECTION AMPOSDRU

European Social Fund POS DRU 2007- 2013

Structural Instruments 2007 - 2013

a) the nationality prove, copy of the identity card or of the passport; b) a professional competence certificate or a qualification title that gives you access to exercise the profession (if the profession is regulated in the origin country); c) certificates, diplomas etc. relevant for the profession; d) information regarding the total duration of studies and the studied subjects, mentioning the time allocated for each subject/module and, if necessary, the ratio between the theoretical part and the practical part; e) information regarding the continuous professional development, courses and all types of training he participated in addition to the initial training (if necessary); f) the prove of the professional experience (e.g.: the payroll or the certificates from the employers for the identification of the professional activity and its duration â&#x20AC;&#x201C; if necessary); g) the prove that he practiced the profession for at least two years during the last ten in the host member state, if the profession is not regulated in that country; h) the information given by the origin member state as an "equal treatament of the qualifications" according to article 12 of the Directive 2005/36/CE regarding the recognition of the professional qualifictions, in conformity with the standard form (appendix A from the Code of conduct), if it is relevant; 30

MINISTRY OF NATIONAL EDUCATION

EUROPEAN UNION

ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PEOPLE PROTECTION AMPOSDRU

European Social Fund POS DRU 2007- 2013

Structural Instruments 2007 - 2013

contact information: name and surname, address, telephone and e-mail, if necessary. If the documents are sent my someone else, please mention: name of the sender, address, telephone and email, if necessary;

extract from the clean criminal record certificate.

The recognition conditions of the driving instructor profession are the following: -

citizen of a country in EU, Iceland, Norway, Liechtenstein or Switzerland;

owner of the driving instructor qualification obtained in one of the previously mentioned countries, who wishes to exercise the same profession in Denmark.

After the application to get the recognition of this profession, in term of 3 months, from the Competent Authority, an answer shall be received in this regard. In difficult cases of confrontation of the presented proves, the Competent Authority may delay with a month the term for taking the decisions for the recognition of the qualification. In Denmark there is the possibility to apply on-line for the recognition of the driving instructor qualification at the link: en.ciriusonline.dk. On the first hand, the applicant makes a request (there is no standard form) addressed to the Competent Authority in which he mentions which is the qualification obtained in the origin country and declares which are the reasons for which he wishes to exercise the profession in 31

MINISTRY OF NATIONAL EDUCATION

EUROPEAN UNION

ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PEOPLE PROTECTION AMPOSDRU

European Social Fund POS DRU 2007- 2013

Structural Instruments 2007 - 2013

Denmark. This request must be accompanied by all the documents necessary for the recognition of the professional qualification as driving instructor. The documents that certify the professional training as well as the experience for exercising the profession must be translated by a danish authority, and all photocopies of these documents must be authenticated. Documents that are already in english language are not to be translated. Some authorities accept also documents written in French language or German language. The recognition of the driving instructor qualification is done in Denmark according to the Directive 2005/36/EC regarding the recognition of the professional qualifications, III Title, I Chapter: The general system for recognition according to the documents that certify the professional training (General system for the recognition of evidence of training).

3.3. The recognition process in Great Britain for Driving instructor profession gained in other MS of EU

Most of the professions in Great Britain are not regulated, but, however, there are now 220 professions regulated, most of them from medical, legal and teaching field. The professions regulated by law are those that 32

MINISTRY OF NATIONAL EDUCATION

EUROPEAN UNION

ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PEOPLE PROTECTION AMPOSDRU

European Social Fund POS DRU 2007- 2013

Structural Instruments 2007 - 2013

involve the application of the specialty knowledges gained during the professional training. The Directive 2005/36/CE regarding the recognition of the profesional qualifications is transposed by Law no. 2781 from 2007 named Professional qualifications â&#x20AC;&#x201C; The European Communities (Recognition of Professional Qualifications) Regulations. The Competent Authorities are responsible for the applications receipt of the citizens from EU with regulated professional training. The Contact National Point for the qualifications existing in Great Britain is Great

Britain

NCP

that

has

the

following

link

site:

https://www.naric.org.uk. Through this contact point, any person who has a qualification title obtained in Great Britain and is interesed to practice on the territory of EU, is guided in the recognition process of his professional qualification. Great Britain NARIC is the national agency (National Recognition Information Centre) responsible for the information supply, counseling and expertise for the qualifications in the entire world. In Great Britain shall be recognized by the general system only the profession of driving instructor classes A and B, because only these are regulated. The recognition of these professions is done according to the professional competence certificate of driving instructor (class A or B) obtained in the origin country of the applicant. 33

MINISTRY OF NATIONAL EDUCATION

EUROPEAN UNION

ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PEOPLE PROTECTION AMPOSDRU

European Social Fund POS DRU 2007- 2013

Structural Instruments 2007 - 2013

For the recognition of the professional qualifications obtained in another member state of European Union, the competent authorities usually ask for the fulfillment of the following formalities: -

the fill in of a form;

presentation of a document to contain the prove of citizenship (passport, identity card or birth certificate);

presentation of a diploma or the document to certify the garduation of a training form necessary to get the access to the regulated profession, the prove of the graduation for a pratice period or the registration at a similar body in the origin country;

the prove of the professional experience;

medical certificate;

certificate regarding the professional reputation issued by the competent autority in the origin country.

3.4. The recognition process in Netherland of the Driving Instructor profession obtained in other MS of EU

In Netherland, for the recognition of the driving instructor profession, the interested persons must present the following documents at the Examining and certification institute â&#x20AC;&#x201C; IBKI: -

certificate issued by the competent authority in the origin country, indicating that the diploma certifies, in the origin country, the exercise of the applicant profession; 34

MINISTRY OF NATIONAL EDUCATION

EUROPEAN UNION

ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PEOPLE PROTECTION AMPOSDRU

European Social Fund POS DRU 2007- 2013

Structural Instruments 2007 - 2013

the detailed curriculum of the studies mentioning the number of hours allocated to each subject, the content of the analytical program of these subjects, the number of practice hours. All these information are issued by the professional trainig institution that issued the diploma;

certificate to certify the activity performed in the origin country, from the moment of the diploma receipt for which the recognition is requested;

certificate to certify the internship, some specialty courses or getting other diplomas.

All documents written in Romanian language must be accompanied by the Dutch language, certified by the diplomatic or consular dutch authority in the country that issued the diploma. The term for the examination of the file for the recognition of the diplomas that certify such a professional training is stipulated in the community legislation not to exceed three months. At the first service, or when a change is done in the situation certified by documents, the documents above mentioned must be also accompanied by : -

a certificate or a copy of a document to certify the nationaliy of the supplier;

a certificate issued by the competent authority to certify that the owner is legally set in a member state, that he exercises the activities in question or that he is forbidden the right to practice it, 35

MINISTRY OF NATIONAL EDUCATION

EUROPEAN UNION

ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PEOPLE PROTECTION AMPOSDRU

European Social Fund POS DRU 2007- 2013

Structural Instruments 2007 - 2013

permanently or temporarily, at the momentul of the certificate issuance; -

a document to certify the professional qualifications;

a document to certify the exercise full time of that profession for 2 years during the last 10 years in the country he obtained the diploma.

3.5. The recognition process in Spain of the Driving Instructor profession gained in other MS of EU

For the exercise of the professions on the territory of Spain, is necessary the recogniton of the professional qualifications of the applicants. Generally, if they are not enough for the recognition, compensatory measures shall be taken to finish the training to get to the diploma obtaining or the certificate necessary for the exercise of the profession in question8. In Spain, are regulated the professions of driving instructor, road legislation teacher, and for their recognition of the interested persons must present the following documents: -

certificate issued by the competent authority in the origin country, to prove that the diploma certify, in the origin coutry, the exercise of your profession;

Organic Law no. 5/2002 of the Qualifications and Professional Training 36

MINISTRY OF NATIONAL EDUCATION

EUROPEAN UNION

ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PEOPLE PROTECTION AMPOSDRU

European Social Fund POS DRU 2007- 2013

Structural Instruments 2007 - 2013

detailed curriculum of the studies mentioning the number of hours allocated to each subject, the content of the analytical program of the subjects, the number of practice hours. All these information are issued by the professional training institution that issued the diploma;

certificate to certify the activity performed in the origin country, since the reception of the diploma for which the recognition is requested;

certificate to certify the exercise of some intership stages, of some specialty courses or getting other diplomas.

All documents written in Romanian language must be accompanied by their translation in Spanish language, certified translation by a diplomatic or consular spanish authority in the country that issued the diploma, or by an official translator in a Spanish law court. The term for the examination of the file for the recognition of the diplomas that certify a certain professional training is stipulated in the community and internal legislation and must not exceed three months. The statement for the first services performance must include the following documents: -

documents to prove the nationality of the service supplier;

a certificate to certify that the declarant is legally set in a MS of EU to continue the activities in question and the lack of any interdiction, at the moment of the statement, which might detain 37

MINISTRY OF NATIONAL EDUCATION

EUROPEAN UNION

ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PEOPLE PROTECTION AMPOSDRU

European Social Fund POS DRU 2007- 2013

Structural Instruments 2007 - 2013

him from performing his profession in the origin state, even temporary, issued by the competent authority in the origin country; -

the prove of the professional qualifications;

if necessary, documents for the services

performance for a

period of minimum two years during the last ten years; -

for the professions in security department, it is necessary to bring the clean criminal record certificate or a similar document.

In the event of a substantial change in the conditions or circumstances established in the above mentioned documents, the supplier must bring to the competent authority only the documents regarding the change in question. The services may be exercised according to the professional title granted by the country of establishment, if such a title exists in that state for that professional activity. The title is issued in the official language or in one of the official languages from MS of EU where the services performer is set, in order to avoid confusion with the Spanish professional title. If there are no such professional titles in the member state of establishement, the service performer must indicate his formal qualification, in the official language or in one of the official languages of the member state.

3.6. The recognition process in Romania of Driving Instructor profession gained in other MS of EU 38

MINISTRY OF NATIONAL EDUCATION

EUROPEAN UNION

ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PEOPLE PROTECTION AMPOSDRU

European Social Fund POS DRU 2007- 2013

Structural Instruments 2007 - 2013

The driving instructor and road legislation teacher professions are regulated in Romania and recognized by the general system of recognition (at the first application), duration of studies being the following: -

the profession of driving instructor is framed at the Regulated professions for which the duration of studies is lower than the 3 years high studies;

profession of road legislation teacher is framed at the Regulated professions that need at least 3 years of high studies (university diploma).

For the driving instructors and road legislation teachers certified in other MS of EU or of European Economic Space or in the Swiss Confederation, who wish to establish in Romania, they must request to the Romanian Road Authority â&#x20AC;&#x201C; RRA the recognition of the profssional qualifictions, in order to exercise the profession in our country. In this regard the interested persons must prove the fulfillment of the conditions in Romania with documents issued by the Competent Authorities in the origin state, recognized or equivalated according to law. The applicant must also present the prove of the continuous training for the renewal of the owned certificate, at a maximum 5 years period of time from the certification recognition date by RRA. If necessary, may be requested from RRA the recognition of the 39

MINISTRY OF NATIONAL EDUCATION

EUROPEAN UNION

ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PEOPLE PROTECTION AMPOSDRU

European Social Fund POS DRU 2007- 2013

Structural Instruments 2007 - 2013

certificate, in order to exercise the profession in a cross-border

regime. Thus, for the recognition of the two professions the applicants must present to R.R.A. the following: a) nationality prove (identity card copy or a passport); b) a copy of the document to certify the professional competence; c) a copy of the studies diploma; d) information about the continuous professional development, seminars and all means of training done in addition to the initial training; e) prove of the professional experience; f) clear criminal record certificate or its equivalent document; g) auto clear criminal record certificate or its equivalent document; h) medical opinion; i)

psychological opinion;

j) other documents if necessary. A common element for the member states of EU analyzed in this guide is the way in which is done the recognition of the professions as driving instructor and road legislation teacher, but there are differences regarding the level of education that makes the Competent Authorities to be forced to impose compensatory measures that are different in each MS of EU according to their own rules in force.

MINISTRY OF NATIONAL EDUCATION

EUROPEAN UNION

ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PEOPLE PROTECTION AMPOSDRU

European Social Fund POS DRU 2007- 2013

Structural Instruments 2007 - 2013

3.7. SOLVIT SOLVIT9 is a network by which there are solved, without having to resort to legal procedings, a wide range of issues by the MS of EU to mutualy help in dealing with unwanted situations occurred by inadequate appliance of legislation regarding the internal market, by the public authorities. If the community legislation has been improperly applyed, SOLVIT may solve the cross-border issues appeared between an economic agent or a citizen and a public authority. Policy areas which are the most common problem solving by SOLVIT are the following: - professional recognition of the qualifications and of the diplomas; - access to education; - residence permits; - the right to vote; - social security; - employment law for a job; - driving licences; - registration motor vehicles; - border control; 9

http://ec.europa.eu/solvit/site 41

MINISTRY OF NATIONAL EDUCATION

EUROPEAN UNION

ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PEOPLE PROTECTION AMPOSDRU

European Social Fund POS DRU 2007- 2013

Structural Instruments 2007 - 2013

- access on the market of products; - access on the services market; - setting up as an independent; - public procurement; - taxation; - free movement of capital and payments. When you submit a case to SOLVIT, the SOLVIT local centre must verify if it’s about one of the problems it may solve (eg. An improper application of rules of the internal market) informing from the available documents. Then, after the verification, the case is registered in an electronic data base and thus the information is automatically sent to SOLVIT centre in the other MS where the issue in question appeared. The term the responsible SOLVIT centre should confirm for taking over the case is a week. If the solution of a problem involves the repeal of a national law – and not only its properly application – this needs a longer period for the answer because it requires a formal legal action. There are also situations in which SOLVIT may take measurs to convince MS in question to give up the incorrect rules application, and this may be done before the repeal of that law. Between the two SOLVIT centres there is a close collaboration in solving the problems, and the “origin” SOLVIT centre has the obligation for a current information regarding the way they play in solving cases. 42

MINISTRY OF NATIONAL EDUCATION

EUROPEAN UNION

ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PEOPLE PROTECTION AMPOSDRU

European Social Fund POS DRU 2007- 2013

Structural Instruments 2007 - 2013

In table A2 from the APPENDIX there are given information regarding the SOLVIT National Centres from a few MS of EU.

4. The exercise of the profession of driving instructor in EU In many MS of EU, the driving instructors may exercise the activity as freelancers (having authorization as driving instructor for vehicles or motorcycles), and in other countries they may be employed in driving authorized schools. The activity fields of the driving instructors are: practical instruction, theoretical instruction or both, according to MS of EU where they exercise the profession. In Romania the two professions are distinct unlike other MS of EU where the driving instructor may have the practical and theoretical instruction with the students. During the exercise of driving instructor profession in MS of EU presented in this guide, the persons shall be subject to the professional norms in that country having the same rights and obligations as the host country citizens. For exercising the driving instructor profession in EU there are no requests related to citizenship or to the applicant residence. The competent authorities in the country the person wishes to perform the services require that at the first driving to be informed in this regard by a statement that must include the informations related to the 43

MINISTRY OF NATIONAL EDUCATION

EUROPEAN UNION

ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PEOPLE PROTECTION AMPOSDRU

European Social Fund POS DRU 2007- 2013

Structural Instruments 2007 - 2013

insurance coverage or other personal or collective means of protection regarding the professional responsibilities. This statement is renewed on an annual basis. If there are changes in the personal situation, according to which the conditions for granting the driving instructor certificate or the road legislation teacher are no longer fulfilled, the persons in question are obliged to let know the competent authority. The certification procedure of the driving instructor provides a written and oral examination in that countryâ&#x20AC;&#x2122;s language and thus, even if there is no regulation in this respect, the persons must have linguistic knowledge (in writing and in speaking). In addition, it is necessary to know the road legislation characteristic to the country in which the recognition of this profession is wanted because the examination provides a test with questions from the road legislation. In Czech Republic to exercise as a freelancer the profession, the applicant must get a driving instructor authorization for the wanted class. The certificates/authorizations issued to the driving instructors are valid for an unlimited period of time and there are no condition imposed regarding thier maintainance.

MINISTRY OF NATIONAL EDUCATION

EUROPEAN UNION

ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PEOPLE PROTECTION AMPOSDRU

European Social Fund POS DRU 2007- 2013

Structural Instruments 2007 - 2013

In Czech Republic the driving instructors are obliged to register themselves in the professional organization at the Academy of Transport. In Denmark, the Competent Authority issues professional competence certificates as driving instructor (theory + practice) that are valid only for a period of 5 years. To maintain the driving instructor certificates the owner must prove that he has trained (no interruption) groups of students. The renewal request is given at one of the local services centres of the Danish Police. To exercise the profession they are obliged to register in the Driving Practical Instructors Danish Union and, respectively in the Danish National Association of the road legislation teachers. In Great Britain, to exercise the driving instructor profession, the persons must register in the Official register of the driving instructors (ÂŁ140) or, according to the situation in the Register of the instructors authorized to drive vehicles/motorcycles. In order to support the persons who wish to become driving instructors, shall be printed guides for good practice as the one recently printed in 2012 by Driver & Vehicle Agency named Guide for the profession of approved driving instructor (Your guide to becoming an approved driving instructor â&#x20AC;&#x201C; ADI. Information Manual).

MINISTRY OF NATIONAL EDUCATION

EUROPEAN UNION

ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PEOPLE PROTECTION AMPOSDRU

European Social Fund POS DRU 2007- 2013

Structural Instruments 2007 - 2013

After getting the qualification of driving instructor the owner must register in the Official register of the driving instructor - ORDIT managed by the Driving standard agency (Driving Standard Agency DSA). At each 4 years it is necessary to pay a tax to renew the registration. As long as a person is registered as an instructor in ORDIT he may exercise the profession in Great Britain. In the same time, ORDIT has the right to cancel the instructor licence if its owner violated the rules of professional conduct. The professional association where the driving instructor may register is the Driving Instructors AsocciationDIA, that has a consultative status at the Driving Standard Agency DSA and representation in the Parliament and in Europe. The Certificates issued by CA have the following validity terms: -

6 months for driving instructor licence (for maximum two driving classes);

4 years for approved driving instructor;

1 year for instructor approved for motorcycles.

In Great Britain the authorized training institution for the motorcycles instructor inspects their activity 4/year and monitors their performances. To maintain the certificates the instructors must take a professional training course held each year, for one day. In Great Britain, the only Centre for the approval of the periodic professional training (Joint Approvals Unit for Periodic Training JAUPT) by Sector Skills Councils (Sector Skills Councils) manage the 46

MINISTRY OF NATIONAL EDUCATION

EUROPEAN UNION

ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PEOPLE PROTECTION AMPOSDRU

European Social Fund POS DRU 2007- 2013

Structural Instruments 2007 - 2013

approval process for the periodic training centres and have courses ment for the maintenace of the driving instructors certificates. In Netherland the driving inspector certificate is valid for 5 years. At the renewal the owner must present a valid medical certificate and prove he pacticed the profession for a period of minimum 2 years of the 5 years from the certificate issuance. Thus, the owner shall take a training course and at the end, after passing the examination the driving instructor certificate shall be renewed10. IBKI Institutes are responsible for the organization of the training internship of the driving instructors and have a role in monitoring their professional activity in Netherland. The training courses continue in order to maintain the driving instructor certificate and are structured as follows: - 2 practical lessons and 4 theoretical training sessions (3 hours) if the certificate expires between 1.06.2013-1.06.2014; - 2 practical lessons and 6 theoretical training sessions (3 hours) if the certificate expires from 1.06.201411. In Spain the persons who wish to exercise the driving inspector profession or the road legislation teacher one are obliged to register in the Register of driving professions.

https://zoek.officielebekendmakingen.nl/kst-29200-XII-143.html accessed on 26.05.2013 11 www.ibki.nl accessed on 14.06.2013 47

MINISTRY OF NATIONAL EDUCATION

EUROPEAN UNION

ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PEOPLE PROTECTION AMPOSDRU

European Social Fund POS DRU 2007- 2013

Structural Instruments 2007 - 2013

In Romania the competence certificates issued to the driving instructors and to the road legislation teachers are valid for 5 years. To maintain these certificates CA RRA requires taking a professional perfecting course both for instructor and for teacher (30 hours) taken during the last year of the previous held certificate validity, at the end of which they must pass the afferent examination. The evidence of the persons that practice these professions is done by registrating in the two registers managed by CA RRA: - Register of the driving instructors; - Register of the road legilation teachers.

In Romania, unlike other MS of EU analyzed in this guide, the compulsoriness to be part of a certain professional organization is not imposed. CONCLUSIONS The recognition of the driving instructor profession in MS of EU is done by the general system (at the first application) according to the level of qualification obtained in the origin country, but that might be different as one can notice in table 2. Table 2. The level of education necessary for the recognition of the professions analyzed Profession country

practical training

Driving Instructor road practical training and legislation road legislation 48

MINISTRY OF NATIONAL EDUCATION

EUROPEAN UNION

ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PEOPLE PROTECTION AMPOSDRU

Romania

Spain

Czech Republic

Denmark

Certificate of a finished secondary education cycle, Art.11b Certificate of a finished secondary education cycle, Art.11b Certificate of a finished secondary education cycle, Art.11b

European Social Fund POS DRU 2007- 2013

Long term additional studies diploma (4 years), Art.11e

Competence certificate, Art. 11a

Certificate of a finished secondary education cycle, Art.11b

Netherland

Great Britain

Structural Instruments 2007 - 2013

Certificate of a finished secondary education cycle, Art.11b Secondary education diploma, II Appendix (ex 92/51, C, D Appendix) (DSE, Art. 11c) Certificate of a finished secondary education cycle, Art.11b Competence certificate, Art. 11a

The fact that the level of education is necessary for the training as a driving instructor in many MS of EU is different and makes difficult to take the decisions for CA in the professional qualification recognition process of the applicants. There are situations when CA requires to the applicants

compensatory measures

according to

the

Directive

2005/36/CE regarding the professional qualifications recognitions, 49

MINISTRY OF NATIONAL EDUCATION

EUROPEAN UNION

ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PEOPLE PROTECTION AMPOSDRU

European Social Fund POS DRU 2007- 2013

Structural Instruments 2007 - 2013

either by taking some additional courses, or to have an adaptation period. The professional training of the driving instructors is structured as follows: making some road legislation courses certified by a written and/or oral examination, the prove of the driving capacity (for the requested class) and the practical trainig test (for the required class). The ongoing duration of these training modules is different from country to country (table 3). Table 3. No. of professional training hours Driving Instructor road practical legislation training and Č&#x161;ara road legislation Romania 120 90 Spain 210 450 Czech Republic 140 140 230 The minimum age to begin the training courses for driving instructors is Profession

practical training

different in MS of EU analyzed in this guide (table 4). Table 4. Minimum age for access to training of the driving instructor Country Romania Spain Czech Republic Denmark Netherland Great Britain

Minimum age (years) 25 20 24 21 18 21 50

MINISTRY OF NATIONAL EDUCATION

EUROPEAN UNION

ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PEOPLE PROTECTION AMPOSDRU

European Social Fund POS DRU 2007- 2013

Structural Instruments 2007 - 2013

In Great Britain is not imposed the education level of a person who wishes to become a driving instructor. Because there is no regulation regarding the harmonization of the professional training of a driving instructor valid in MS of EU, each CA in the host countries needs to take her own decisions regarding the recognition according to the internal legislation (stages of adaptation, capacity tests). Generaly, the driving experience (in the requested class) is imposed as an access condition to the training of the driving instructor in most MS of EU, but there are also exceptions such as in Spain where just for the legislation teacher this request is valid. The professional activity in MS of EU of the driving instructors consists either only in theoretical courses teaching (road legislation teacher), or only the practical training one (driving instructor), or both of them (theory and practice instructor) as it also can be seen in table 5. Table 5. Activity of the driving instructor Profession

Instructor auto road practical legislation training and road legislation YES NO YES NO YES YES

practical training

Country Romania Spain Czech Republic

YES YES YES 51

MINISTRY OF NATIONAL EDUCATION

EUROPEAN UNION

ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PEOPLE PROTECTION AMPOSDRU

Denmark Netherland Great Britain Regarding

the

European Social Fund POS DRU 2007- 2013

NO NO NO professional

Structural Instruments 2007 - 2013

NO NO NO competence

YES YES YES certificates

their

authorizations have validity for a required period, except for Spain and Czech Republic where the certificates have an unlimited validity. In most MS of EU continous professional training is required to maintain the exercise right of the driving instructor profession (except for Spain and Czech Republic). The mandatory registration in associations/organizations/professional unions is an important aspect to get the access for the exercise of the driving instructor profession. In Romania this thing is not compulsory although there is a Driving instructors Association. The monitorization of the driving instructors during the exercise of the profession is done by CA corrisponding to each MS of EU, that also holds registers for the evidence of all driving instructors.

BIBLIOGRAPHY

1. Directive 2005/36/CE of the European Parliament and of the Council from 7 September 2005, regarding the recognition of the professional qualifications, JO L 255, 30.09.2005, p. 22 - 123; 52

MINISTRY OF NATIONAL EDUCATION

EUROPEAN UNION

ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PEOPLE PROTECTION AMPOSDRU

European Social Fund POS DRU 2007- 2013

Structural Instruments 2007 - 2013

2. Law no. 200/2004, regarding the recognition of diplomas and the professional qualifications for the professions regulated in Romania, Official Gazette of Romania, I Part, no. 500 from 3 June 2004; 3. OMT no. 733 in 2013, regarding the Minister of Transport Order for the approval of the Norms regarding the drivers and driving instructors schools authorization, of the Norms regarding the certification of road legislation teachers and of driving instructors, of the Organizing and performance methodology of tehoretical and practical training courses of persons in order to get the driving licence, of the Schooling Curriculum, as well as regarding the conditions and the obligations for the theoretical and practical training of persons in order to get the driving licence, published in the Official Gazette, I Part, no. 267 from 13.05.2013 4. Zuzana Šonková and Štěpánka Skuhrová, 2008, What you should know about the system for mutual recognition of professional qualifications in the EU Member States, EEA countries and Switzerland, Prague 2008; 5. Guide to recognition of foreign professional qualifications – Access to

regulated

professions

Denmark,

http://fivu.dk/en/publications/2010/files-2010/guide-to-recognition of-foreign-professional-qualifications.pdf; 6. http://fivu.dk/uddannelse-og-institutioner/anerkendelse-og-

dokumentation/lovregulerede-erhverv/erhvervene 53

MINISTRY OF NATIONAL EDUCATION

EUROPEAN UNION

ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PEOPLE PROTECTION AMPOSDRU

European Social Fund POS DRU 2007- 2013

Structural Instruments 2007 - 2013

7. DG Internal Market and Services - Study to provide an Inventory of Reserves of Activities linked to professional qualifications requirements in 13 EU Member States & assessing their economic impact,

Final

report

Ja.

2012,

http://ec.europa.eu/internal_market/qualifications/docs/news/2012 214-report_en.pdf 8. http://ec.europa.eu/solvit/site; 9. www.nuffic.nl/en/diploma-recognition/professional-recognition; 10.

Conduct code approved by the group of coordinators for the

directive 2005/36/ce regarding the recognition of professional qualifications, Official Journal of European Union - L 255, 30.9.2005

that

may

accessed

the

link

http://ec.europa.eu/internal_market/qualifications/docs/future/cocon _ro.pdf 11.

http://uok.mMSt.cz/uok/ru_detail.php?id=125&dl=en&flet=&fo

rg=0&ftype=0&fpg=5&ftxt= APPENDIX Table A1. Situation in EU12 of the regulated professions presented in the guide Name of the profession MS/EN

Name of CA

Recognition according to the Directive 2005/36/CE

http://ec.europa.eu/internal_market/qualifications/regprof 08.05.2013 54

Level of qualification

accessed

MINISTRY OF NATIONAL EDUCATION

EUROPEAN UNION

ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PEOPLE PROTECTION AMPOSDRU

Instructeur d'école de conduite/ Driving instructor Инструктор за обучение на водачи на моторни превозни средства/ Road driving instructor Εκπαιδευτής Οδηγών/ Driving instructor

Kørelærer/ Driving instructor

Liikenneopettaja trafiklärare/ Driving instructor

Belgium

Bulgaria

Cyprus

Denmark

Finland

European Social Fund POS DRU 2007- 2013

Structural Instruments 2007 - 2013

Mobility and transport, Driving licences service, REU du Progrès 56, 1210 Bruxelles

Recognition General System - first application-

Ministry of Education and of Science 2A Kniaz Dondukov Blvd.1000 Sofia

Recognition General System - first application-

Danish Police, Polititorvet 14 , 1780 København V

Recognition General System - first application-

Professional competence certificate

Higher education nonuniversitary ones (3-4 years) Proessional certificate obtained the high-school education graduation Secondary education diploma, II Appendix (ex 92/51, C, D Appendix) (DSE, Art. 11c) Diploma of secondary education, II Appedix (ex 92/51, C, D Appendix) (DSE, Art. 11c)

Continuation of Table A1 Name of profession MS/EN

Name of CA

- Učitel autoškoly/ Driving school

Czech Republic

Ministry of Transport nábř. Ludovíka Svobody 12/22,

Recognition according to Directive 2005/36/CE Recognition General System - first application-

Level of qualification Profesional certificate obtained at

MINISTRY OF NATIONAL EDUCATION

EUROPEAN UNION

ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PEOPLE PROTECTION AMPOSDRU

instructor - Provozování autoškoly/ Driving instruction - Zkušební komisař autoškoly/ Driving school examiner Enseignant de la conduite et de la sécurité routière/ Driving instructor Ekpedeftis ipopsifioon odigon/ Driving instructor

France

Greece

Ökukennari/ Driving instructor

Iceland

Licensed driving instructor/ Driving instructor

Malta

European Social Fund POS DRU 2007- 2013

Structural Instruments 2007 - 2013

P.O.BOX 9, 110 15 Prague

(Act No. 247/2000 Coll.)

the highschool eucation graduation

Centre for professional training, Ethnikis Antistaseos 41, N. Ionia, Athens

Recognition General System - first application-

Ministry of Interior Hafnarhúsinu við Tryggvagötu 150 Reykjavik

Recognition General System - first application-

Transport and licensing Authority Testing Directorate

Recognition General System - first application-

Secondary education diploma, II Appendix (ex 92/51, C, D Appendix) (DSE, Art. 11c) Secondary education diploma, II Appendix (ex 92/51, C, D Appendix) (DSE, Art. 11c) Professional certificate obtained at the highschool graduation

Continuation of Table A1 Name of profession MS/EN Rij-instructeur/ Driving instructor

Name of CA

Netherland

Ministry of Transports 's Gravenweg 665,3065 SC Rotterdam - Innovam Groep,

Recognition according to Directive 2005/36/CE Recognition General System - first application-

Level of qualification

MINISTRY OF NATIONAL EDUCATION

EUROPEAN UNION

ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PEOPLE PROTECTION AMPOSDRU

European Social Fund POS DRU 2007- 2013

Structural Instruments 2007 - 2013

Postbus 2360 3430 DV Nieuwegein - Driving instructor, - Driving instructor class M, S, A1, A,C1, C, BE, D1E, DE, T, C, D, CE Instruktor nauki jazdy/ Driving instructor

Instrutor de Condução/ Driving instructor

Inštruktor autoškoly/ Driving instructor Profesor de formación vial/ Driving instructor Trafiklärare/ Driving instructor

Norway

Recognition General System - first application-

Ministry of Transports, ul. Chałubińskiego 4/6,00928 Warszawa

Recognition General System - first application-

Institute of mobility and of land transport, Av. Forças Armadas, 40,1649 - 022 Lisboa

Recognition General System - first application-

Slovakia

Ministry of Education, Centre of education recognition, Stromová 1, 813 30 Bratislava 1

Spain

Ministry of Interior

Poland

Portugal

Sweden

Swedish Agency of Transport, Röda vägen 1 SE-781 23 Borlänge

Recognition General System - first applicationRecognition General System - first application-

Secondary education diploma, II Appendix (ex 92/51, C, D Appendix) (DSE, Art. 11c) Professional certificate obtained at the highschool graduation Secondary education diploma, II Appendix (ex 92/51, C, D Appendix) (DSE, Art. 11c)

Professional competence certificate Professional competence certificate

Continuation of Table A1 Name of profession MS/EN Profesor de legislatie rutieră /Road legislation teacher

Romania

Name of CA

Recognition according to Directive 2005/36/CE

Romanian Road Authority Bld. Dinicu Golescu no. 38, Bucharest

Recognition General System - first application-

Level of qualification Bachelor diploma (or engineer) (university education

MINISTRY OF NATIONAL EDUCATION

EUROPEAN UNION

ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PEOPLE PROTECTION AMPOSDRU

European Social Fund POS DRU 2007- 2013

Structural Instruments 2007 - 2013

more than 4 years) Instructor de conducere auto/Driving instructor Moniteur d'auto-école/ Driving instructor

Approved driving instructor/ Driving instructor Approved driving instructor department of environment for N.I/ Driving instructor

Professional competence certificate

Switzerland

England

Northern Ireland

Professional training office (OFFT) Effingerstrasse 27, 3003 Berne

Driving Standard Agency Stanley House, 56 Talbot Street NG1 5GU Nottingham Driving and testing of vehicles agency, Balmoral Road, BT12 6QL Belfast

Recognition General System - first application-

Secondary education diploma, II Appendix (ex 92/51, C, D Appendix) (DSE, Art. 11c) Professional competence certificate

Professional competence certificate

Table A2. SOLVIT National Centres13 MS of EU

SOLVIT Centre

Czech

Odbor vnitřního trhu a služeb EU, Ministerstvo průmyslu a

Republic

obchodu Na Františku 32 CZ - 11015 Praha 1,solvit@mpo.cz

Denmark

Germany Spain 13

Danish Business Authority (Internal Market Centre), Langelinie Allé 17 DK - 2100 Copenhagen, solvit@erst.dk BundeMSinisterium für Wirtschaft und Technologie, Scharnhorststr. 34-37, DE - 10115 Berlin, solvit@bmwi.bund.de Ministerio de Asuntos Exteriores y de Cooperación, Serrano

http://ec.europa.eu/solvit/site/centres 58

MINISTRY OF NATIONAL EDUCATION

EUROPEAN UNION

ROMANIAN GOVERNMENT MINISTRY OF LABOR, FAMILY, SOCIAL AND OLD PEOPLE PROTECTION AMPOSDRU

European Social Fund POS DRU 2007- 2013

Structural Instruments 2007 - 2013

Galvache 26, ES - 28033 Madrid, solvit@ue.maec.es Presidenza Consiglio Ministri, Dipartimento Politiche Italy

Comunitarie, Piazza Nicosia 20 IT - 00186 Roma, solvit@palazzochigi.it Ministerie van Economische Zaken, Landbouw en Innovatie,

Netherland

Bezuidenhoutseweg 30, Postbus 20101, NL - 2500 EC Den Haag, solvit@mineleni.nl

Austria

BundeMSinisterium für Wirtschaft, Familie und Jugend, SOLVIT Center, solvit@bmwfj.gv.at Ministério dos Negócios Estrangeiros, Direcção Geral dos

Portugal

Assuntos Europeus Serviço do Mercado Interno, solvit@dgac.pt Ministry of Foreign Affairs, Romanian Government, Bvd.

Romania

Aviatorilor no. 50A, Sector 1, Bucharest 011854, solvit@dae.gov.ro