Scope of application of the Driver Qualification Card regulations
Regarding the category of vehicles that are subject to the regulations on the Driver Qualification Card (CQC), the new regulations provide that all vehicles used in driving activities, even non-professional, for which a driving license of category C1, C1E, C, CE, D1, D1E, D and DE (including exceptional operating machines for which a C1 or C license is required).
Who needs to obtain the CQC?
Italian citizens, citizens of another Member State of the obligation of the driver qualification card, or citizens of a third country employed by a company established in a Member State or working for the same.The regulation no longer explicitly refers to the activity of driving for the transport of goods or people, the CQC Card
is now required for anyone who drives a vehicle for which one of the above-mentioned driving licenses is necessary.chiunque si ponga alla guida di un veicolo per il quale è necessaria una delle patenti di guida sopra richiamate.
The requirement for the CQC, subject to exceptions, is therefore required for any transport (both for third parties and for one's own account), even non-professional, of goods or people, carried out by a driver employed for the operation of vehicles for which a license of category C1, C1E, C, CE, D1, D1E, D, and DE is required, even if they have not been hired as a driver, when the driving activity constitutes their main activity (if it occupies more than 30% of the driver's continuous monthly activity).
EXCEPTIONS to the Driver Qualification Card
Are exempt from the Driver Qualification Card the vehicles:
- for use by the armed forces, the civil protection, the national body of firefighters and the police. Included here are vehicles for emergency medical transport (even those made available by transport companies to carry out the aforementioned services);
- in use for states of emergency or for rescue missions. These are those used for the transport of humanitarian aid for non-commercial purposes, even outside the scope of specific rescue operations;
- used for the transport of passengers or goods for non-commercial purposes. E’ eliminata la condizione per cui il trasporto doveva essere eseguito oltre che per fini non commerciali, anche a fini privati. Per effetto della modifica, per esonerare il conducente dalla qualificazione iniziale e dalla formazione periodica, il trasporto deve essere eseguito a fini non commerciali (senza scopo di lucro), anche se svolto non per fini personali;
- that transport materials, equipment, or machinery used by the driver in the exercise of their activity. However, this is on the condition that driving the vehicles does not constitute the main activity of the driver. This in turn means that it must not occupy more than 30% of the employee's continuous monthly activity. Vehicles registered for special use are not included in the exemption, as they are vehicles that by their nature are not suitable for transport. However, to be exempt from obligations, the driver must not have been hired with the qualification of a driver. Furthermore, once again, driving must not constitute their main activity, and the transport must serve the driver to carry out their activity. Therefore, transport for one's own account is excluded where the transported items do not serve the driver's activity, provided that it is a non-commercial activity.
- for which a category D or D1 license is required and which are driven without passengers by maintenance personnel to or from a maintenance center located near the nearest maintenance facility used by the transport operator, provided that driving the vehicle does not constitute the main activity of the driver;
EXEMPTED
Sono inoltre esonerati dall’obbligo di essere titolari di CQC cards:
- drivers of vehicles operating in rural areas to supply the driver's business or on which he depends;
- drivers who do not offer transport services. This includes all individuals, even those employed as drivers, who operate vehicles normally intended for the transport of people or goods. However, this is only when these vehicles are not engaged in transport activities or travel empty outside of freight transport activities;
- the occasional transport that does not affect road safety. Drivers who do not have a professional driver qualification and for whom the activity of freight transport does not constitute the main source of income are exempt. It is not sufficient to drive occasionally, but the transport of goods or people must not be the main source of income. It is also necessary that an exceptional vehicle is not used for transport and that road traffic regulations are respected;
- vehicles used or rented without a driver by agricultural, horticultural, forestry, breeding, or fishing businesses. This must occur for the transport of goods within the scope of business activity. Another condition is that driving does not fall within the main activity of the driver or exceed a distance of 50 km from the business owning the vehicle. This is a derogation for which Italy, in exercising the discretionary power granted by the directive to each member state, has established the maximum distance (set at 50 km) within which one must operate to benefit from the derogation;
- drivers of vehicles transporting scanner equipment aimed at controlling treasury interests, public health safety, and combating the smuggling of weapons and narcotics.