Information - Services - Formalities by subjects - Security and safety - Traffic safety - Professional driver qualification; supervision of training centers and notification of the conduct of instruction. - Dienstleistungsportal Bayern

Description

The Government of Upper Palatinate supervises the activities of the following recognized training centers for accelerated basic qualification and further training for the whole of Bavaria:

• Driving schools with a driving school license for the classes CE and/or DE according to § 17 Abs. 2 Fahrlehrergesetz - FahrlG and
• state-approved training centers

The government of the Upper Palatinate can use suitable persons or bodies to carry out the monitoring. These persons or bodies are authorized to enter the teaching and business premises of the training school during office and business hours, to carry out examinations and inspections there and to take part in the teaching.

The inspection shall be carried out without prior notice in relation to the teaching; in relation to an inspection of the premises alone, the inspection shall be announced at least two days in advance.

The content of the monitoring is in particular to check whether training courses within the framework of the professional driver qualification law have been or are being held properly; both the relevant legal regulations and any state recognition (with conditions) are to be used for this.

An on-site inspection must take place at least every two years; otherwise, this period may be set at four years if no or only minor deficiencies have been found in two consecutive inspections.

For the purpose of monitoring, training centers are required to notify the Government of Upper Palatinate in writing or electronically of the following information no later than five working days prior to conducting a class under the BKrFQG:

• the address of the location where the instruction is to take place,
• the date,
• the beginning and the end of the planned teaching units,
• the subject matter of the instruction in accordance with Appendix 1 of the BKrFQV and
• the responsible instructor.

Procedure

As a rule, the monitoring of training centers is initiated ex officio; the person to be monitored must cooperate in the examination. The result of the monitoring is communicated to the responsible government/county administrative authority. If no deficiencies or only minor deficiencies are found in two consecutive inspections, the monitoring frequency can be set at four years by the government of Upper Palatinate.

Otherwise, the result of the monitoring can lead to far-reaching consequences for the training facility.

In addition to the initiation of administrative offence proceedings, in the case of legally recognized training centers, the prohibition of teaching for the accelerated basic qualification and/or for further training may be considered; in the case of state-recognized training centers, the revocation of state recognition may be in question (the respective government would then be responsible).

Special notes

Training companies and educational institutions - as legally recognized training facilities - are subject to supervision by the bodies responsible for vocational training in non-trade occupations under the Vocational Training Act (chambers of industry and commerce).

Deadlines

Notification of classes for accelerated initial qualification and continuing education: no later than five working days in advance

Required documents

• Evidence of the lessons carried out within the framework of the BKrFQG

  (to be kept available on site during monitoring)

• information on teaching staff, classrooms and other teaching resources

  (to be kept available on site during monitoring)

Fees

• Fees: 30.70 - 511.00 EUR (depending on the administrative effort).

  Expenses (in particular for the expert/examiner) are charged in accordance with the Gebührenordnung für Maßnahmen im Straßenverkehr (GebOSt).

Legal bases

• § 11 Gesetz über die Grundqualifikation und die Weiterbildung der Fahrer bestimmter Kraftfahrzeuge für den Güter- oder Personenkraftverkehr (Berufskraftfahrerqualifikationsgesetz - BKrFQG)
• Verordnung zur Durchführung des Berufskraftfahrerqualifikationsgesetzes (Berufskraftfahrerqualifikationsverordnung - BKrFQV)
• § 17 Abs. 2 Gesetz über das Fahrlehrerwesen (Fahrlehrergesetz - FahrlG)
• § 19 Verordnung über Zuständigkeiten im Verkehrswesen (ZustVVerk)
• Gebührenordnung für Maßnahmen im Straßenverkehr (GebOSt)

Remedy

Action (action for performance against the implementation of monitoring)

Links to more information

• Anwendungshinweise zum Berufskraftfahrerqualifikationsrecht

Related issues

• Professional driver qualification; application for recognition as a training center.