WHAT IS CQC AND WHO NEEDS IT
The Driver Qualification Certificate (CQC) is a professional qualification required for drivers transporting goods or people on the road. It complements and adds to the license already held by the driver.
To obtain it, one must follow a professional training course, specific to the transport sector, lasting 280 hours (of which 260 are theory and 20 are practical driving), passing the required exams.
The issued document is valid for only one type of transport and does not allow driving vehicles of the other type. Those interested in obtaining both must request and achieve two different qualifications.
It has a limited validity period and drivers must attend refresher courses every 5 years. These training courses are conducted by driving schools or accredited organizations.
The three courses for obtaining the CQC are divided based on the type of transport:
- course part COMMON for both goods transport and passenger transport
- course specific part PASSENGERS only for passenger transport
- course specific part GOODS for goods transport only
WHAT IS IT FOR
The CQC, subject to exceptions, is mandatory for any transport (whether for third parties or for oneself), even non-professional, of goods or people, carried out by a driver employed for the operation of vehicles for which a category license is required C1, C1E, C, CE, D1, D1E, D and DE, the obligation also applies in cases where the driver has not been hired as a driver, but when the driving activity constitutes their main activity.
HOW DO I KNOW IF I FALL INTO THE MANDATORY CATEGORIES OF THE CQC?
The presence of the CQC and the use of the tachograph are two distinct requirements that apply to professional drivers.
The obligation to use the tachograph, in fact, is much broader and applies even in cases where the CQC is not required.
Tachograph and CQC, however, are linked to each other: the tachograph is indeed a fundamental element to ascertain whether driving constitutes more than 30% of the driver's continuous monthly activity and, consequently, the obligation or not of the CQC.
It is increasingly common for our clients to request an evaluation of the data downloaded from the drivers' tachograph cards to determine if the driving parameter falls within the 30%.
For this reason, we have developed a specific software that clarifies whether in the last month the driver would be exempt from the CQC or not.
I DO NOT HAVE THE CQC, AM I SUBJECT TO ANY SANCTIONS?
The driver who drives without CQC is subject to a administrative fine ranging from 409 to 1,637 euros, plus administrative seizure of the vehicle for 60 days. In the case of an unrenewed CQC, the fine starts at 158 euros.
WHEN IS IT NOT REQUIRED?
An exemption is provided for certain categories of vehicles, on board of which one can therefore drive without CQC:
- agricultural machines with a maximum speed of 45km/h;
- vehicles used by the armed forces, or that are used for road testing (such as, for example, driving school cars);
- vehicles that transport passengers or means for non-commercial purposes (without profit motive);
- vehicles that transport materials and equipment used by the driver in their own activity provided that driving does not constitute the main activity of the driver (it must not exceed 30% of the ongoing monthly activity);
- the transportation for one's own account provided that it is a non-commercial activity;
- vehicles that require a category D or D1 license and are driven without passengers by maintenance personnel to or from a maintenance center located near the maintenance site of the transport operator, provided that driving the vehicle does not constitute the main activity of the driver;
- vehicles operating in rural areas to supply the driver's business or on which they depend;
- means intended for the transport of people or goods when such vehicles are not engaged in transport or are traveling empty, outside of freight transport activities;
- occasional transport that does not affect road safety. This provision applies to drivers without a professional driver qualification, for whom the activity of freight transport does not constitute their main source of income;
- vehicles used or rented without a driver by agricultural businesses, unless driving constitutes the main activity of the driver or exceeds the distance of 50 km from the location of the owning business or the renter;
- vehicles transporting scanner equipment for the control of tax interests, public health safety, and combating the smuggling of weapons and drugs.
WHO IS THE CQC FOR? WHAT DOES THE LAW SAY
In Italy, the regulatory reference for the Driver Qualification Certificate (CQC) is the Legislative Decree No. 286/2005, which has implemented the European Directive 2003/59/EC regarding initial qualification and periodic training of drivers of certain vehicles used for the transport of goods or passengers on the road.
This decree establishes the rules and requirements for obtaining and maintaining the CQC in Italy.
Negli anni si sono susseguiti una serie di aggiornamenti e di circolari chiarificatrici tra cui è importante citare in ultimo la n. 6220 del 04/09/2020 The Ministry of the Interior has confirmed what was already provided by the directive (EU) 2018/645 of 18.4.2018 considered no. 6 , that driving is not considered the main activity of the driver if it occupies less than 30% of the continuous monthly working hours.
The period of time to be considered for calculating the percentage is the calendar month, as confirmed by the Circular of the Ministry of the Interior of July 13, 2021.
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