STUDY GUIDE CPC ROAD TRANSPORT OPERATOR Distance Learning Programme CONTENTS page INTRODUCTION ......................................................................................................... 3 The course ............................................................................................................... 4 Examination ............................................................................................................... 4 COURSE PROGRAMME ............................................................................................ 5 SELF-STUDY ............................................................................................................ 10 Study hours ............................................................................................................. 10 Perseverance ............................................................................................................ 11 Place and time ........................................................................................................... 11 Quiet environment .................................................................................................... 11 Programme ............................................................................................................. 12 Concentration ............................................................................................................ 12 Reading ............................................................................................................. 13 Memorising ............................................................................................................. 13 Summarising ............................................................................................................. 13 Studying together....................................................................................................... 14 Annex 1 Information on CPC Annex 2 Examination instructions procedures 2 INTRODUCTION This Study Guide contains information about the training course programmes and the examination for obtaining a Certificate of Professional Competence (CPC) for Road Transport Operators. It also provides some guidelines for studying the course materials at home and preparing for the exams. There are four types of CPC's for road transport operators: National Road Freight Transport International Road Freight Transport National Road Passenger Transport International Road Passenger transport The Certificate of Professional Competence for National Road Freight Operators consists of two parts: 1. Core modules 2. National road freight modules The Certificate of Professional Competence for International Road Freight Operators consists of one part: 1. International road freight modules The Certificate of Professional Competence for National Road Passenger Operators consists of two parts: 1. Core modules 2. National road passenger modules 3 The Certificate of Professional Competence for International Road Passenger Operators consists of two parts: 1. International road passenger modules Detailed information on CPC can be found in Annex 1. We will first provide information on the training programme. Furthermore we will pay attention to some techniques and practical tips for self-study. The course The course is meant for road transport operators who want to obtain a Certificate of Professional Competence in National Road Freight Transport, International Road Freight Transport, National Road Passenger Transport and/or International Road Passenger Transport. The objective of the course is to provide knowledge and develop skills to improve the chance of success when starting a transport operation. You will be familiarised with the complex regulations of which the objective is to improve road safety and the quality of road transport in general. Examination All parts of the training programmes will be concluded with an official exam. There are five exams: Core National Road Freight Transport International Freight Transport National Road Passenger Transport International Road Passenger Transport Detailed instructions and procedures of the examination can be found in Annex 2. 4 COURSE PROGRAMME The course programme for the CPC National Road Freight Transport and CPC National Road Passenger Transport consists each of two parts: Core National Road Freight Passenger Transport. Transport respectively National Road The Core part consists of the same modules for the two programmes: The following table shows the modules for the Core part and the recommended number of study hours: Study hours A. A1 A3 Civil Law Contracts in road transport Principals and Sub-contractors 2 1 B B1 B2 Commercial law Running a business: conditions and formalities Organisational forms 2 2 C C1 C2 C3 Social law Social institutions Social security legislation Work contracts 2 2 2 D D4 Fiscal law Income tax 2 E E1 E2 E3 E4 E5 E6 E7 E8 E9 E11 Business an financial management of the undertaking Methods of Payment Forms of credit Balance sheet Profit and loss account Financial ratios Budgeting Cost calculation Organisation chart Marketing Fleet management systems 2 2 2 2 2 2 8 3 5 5 Total of study hours on Core modules 48 5 The following table shows the modules for the part National Road Freight Transport and the recommended number of study hours: Study hours A A2 Civil Law Legal Obligations - National 2 C C4 Social law Drivers' hours and tachograph 8 D D1 D2 D3 Fiscal law Value added taxes (VAT) Motor vehicle tax Tolls and taxes 2 1 1 E E10 E12 E13 Business and financial management of the undertaking Insurance Invoicing Incoterms Transport Auxiliaries 2 2 2 F F1 F2 F3 F4 Access to the market Starting a business: regulations Starting a business: additional requirements Documents Organisation of the market 4 2 4 2 G G1 G2 G3 G4 G5 G6 G7 G8 G9 G10 Technical standards and aspects of operation Weights and dimensions Vehicle selection Type approval and technical inspection Environmental measures Maintenance planning Cargo handling Types of services Dangerous goods Perishable goods Transport of live animals 1 1 3 1 3 2 1 5 3 1 H H1 H2 H3 H4 Road safety Drivers' qualifications Traffic legislation Safety requirements Calamities 2 2 2 1 Total of study hours on National Road Freight Transport modules 60 6 The following table shows the modules for the part National Road Passenger Transport and the recommended number of study hours: Study hours A A3 Civil Law Claims 2 C C4 Social law Drivers' hours and tachograph 8 D D1 D2 D3 Fiscal law Value added taxes (VAT) Motor vehicle tax Tolls and taxes 2 1 1 E E10 E14 E15 Business and financial management of the undertaking Insurances Fares and pricing Invoicing 2 3 2 F Access to the market F1/F2 Starting a business F3 Documents F6/F7 Organisation of the passenger transport market, types of services passenger transport F7.1 Advantages and conditions of scheduled services F7.2 Presentation of schedules F7.3 Duties and rosters 6 2 6 4 4 4 G G1 G2 G3 G4 G5 Technical standards and aspects of operation Weights and dimensions Vehicle selection Type approval and technical inspection Environmental measures Maintenance planning 1 2 3 2 3 H H1 H2 H3 H4 H5 Road safety Drivers' qualifications Traffic legislation Safety requirements Calamities Road networks 2 2 2 2 2 Total of study hours on National Road Passenger Transport modules 68 7 To do an exam for the CPC International Road Freight Transport or CPC International Road Passenger Transport, one already needs to have passed the exams for Core and National Road Freight Transport or National Road Passenger Transport, respectively. The following table shows the modules for the part International Road Freight Transport that will be examined and the recommended number of study hours: Study hours A A4 Civil Law Contracts (CMR Convention) 4 C C4 Social law Drivers' hours and tachograph 4 D D1 D3 Fiscal law Value added taxes (VAT) Tolls and taxes 1 1 E E1 E10 E12 E13 Business and financial management of the undertaking Methods of payment Insurances Invoicing (Incoterms 2000) Transport auxiliaries 2 2 3 1 F F1/2 F3 F4 F5.1 F5.2 Access to the market Starting a business: regulations Documents Organisation of the market Customs procedures TIR carnet 1 4 1 8 1 G G1 G2 G4 G7 G8 G9 G10 Technical standards and aspects of Weights and dimensions Vehicle selection Environmental measures Transport operating systems Dangerous goods Perishable goods Transport of live animals H H1 H2 H4 Road safety Drivers' qualifications Traffic legislation Calamities operation Total of study hours on International Road Freight Transport modules 1 1 1 2 3 2 1 1 2 1 48 8 The following table shows the modules for the part International Road Passenger Transport and the recommended number of study hours: Study hours C C4 Social law Drivers’ hours and tachograph 6 D D1 Fiscal law Value added taxes (VAT) 2 F Access to the market F3 Documentation F6/F7 Organisation of the passenger transport market, types of services passenger transport 4 6 H H1 H4 Road safety Drivers’ qualifications Calamities 2 2 SCR Specific Country Requirements 6 Total of study hours on International Road Passenger Transport modules 28 9 SELF-STUDY Study hours We have seen how many study hours are recommended in order to have a good chance to pass the exams. The next table summarises the number of study hours per exam: Course number of recommended study hours Core National Road Freight Transport Total for CPC National Road Freight Transport 40 60 100 Core National Road Passenger Transport Total for CPC National Road Passenger Transport 40 56 CPC International Road Freight Transport 48 CPC International Road Passenger Transport 32 96 In almost all training programmes most of the participants start the course full of interest and optimism. Self-study, however, is not easy. It requires selfdiscipline and perseverance to be successful. You will need to determine how to study efficiently. It is not unlikely that your study experience is limited and took place several years ago. As you have seen the requirements for a successful passing of the exams are quite high. From the number of recommended study hours you can see that you will need to invest many hours in reading and studying the training texts. 10 Perseverance Studying with success is not only based on intelligence. Also character attributes, as sense of responsibility and perseverance are very important. Practice has shown that intelligent people may abandon their study just because they had not the right mentality. They did not want to work for it. And work is needed, particularly as this is a self-study or distance learning programme with occasional assistance by experienced instructors. In this paragraph we would like to introduce to you some practical guidelines for self-study. These guidelines are based on research and practices in distance learning. The objective is to guide you through the studying process. Place and time Quiet environment You need a place where you can study quietly and without being bothered by other people. A quiet environment will help you to concentrate on the texts, to understand and learn the course material. Desk The room where you study should be well organised with a desk or table big enough to write while some books are opened. You should put on the desk everything you need within easy reach: books, notepad, ballpoint, pencil, calculator, dictionary, etc. Study regularly If possible, you should try to study regularly, preferably at the same time of the day or evening, for two or three hours. It will increase you efficiency in studying and memorising. However, sitting behind a desk does not automatically mean that you are studying successfully. Furthermore, reading a text is not the same as studying successfully. As you work through the course material, make notes. Try to summarise the points of interest or subjects that you find difficult to understand. 11 Try to stay focused, but take a brake once in a while to get some fresh air, something to drink or something light to eat. Do not take a full meal before or during studying, it will be harder to concentrate and stay focused. Set targets Starting out, the exam will seem ages away. You will presumably have plenty of time to get ready. Not so! You have a tough program ahead. Make sure you set targets and not save all the work for the last few days before exams. It will be too late! You will need time to repeat subjects you have studied earlier. It could be wise to make a planning for each subject and set a date to be finished with it. Programme Planning Making a course programme or study scheme is much like project planning. It is recommended to plan the whole programme including the exam. Write down this schedule and make sure you will monitor the implementation of this scheme. Concentration Quietness There many stories about the best way to concentrate yourself for studying. Many people say that they can study best with a radio switched on, by listening to music. Others feel, there is only one thing, which enables maximum concentration: absolute silence. Make sure you know what works for you. Music with lyrics in your own language will undoubtedly distract you, but for some people classical music or easy listening instrumental music works in a positive way. Make sure it suits you and take only your own advice. What works for someone else may not work for you! When you study, ask your spouse not to disturb you and allow you to stay focused. You can attend to them during a short brake. Self-confidence The biggest mistake you can make is to start studying with the idea that you are not good at it. There is absolutely nothing you cannot learn. The only thing 12 that is different for each individual is the way in which to study and – to some degree – how much time should be invested. Self-confidence is the key to success. Think positive. Try to relate what you are studying to your everyday practice if possible. First 15 minutes It is also very useful to start your study session by reviewing by yourself what you had been studying the day before. You will soon discover the gaps in your knowledge and you can work on that. Memorising things may require repetition. Do not expect to know everything you have studied overnight. Last 15 minutes If you have planned to study two hours, you should try to use the last 15 minutes to review and summarise the material you have been studying. Practice has shown that these last 15 minutes would be very well spent. If you do not do that and you just continue to study until the end, you will find out that you will easily forget the items you have been studying. Reading Attentive You have to learn to read. This sounds silly, because you have already learnt this on the primary school. However, we are talking here about attentive and critical reading. Read two or three paragraphs, close the book and try to repeat and summarise the contents. You will discover how much progress you can make in a short period of time. It is better to read the text once thoroughly, than twice rapidly. Memorising Summarising Making notes is not very easy, but can be learnt as well. It may help to write down key words when reading a text. Also making summaries of specific topics contribute to successful learning. When you later want to repeat the text that you have read, you just look at the key words or the summary and you will find out if you still remember the details of the text. Summarising can even be seen as checking whether you understand the subject. If you are able to summarise it in your own words, you understand 13 what you have studied. If you can write about it, it means you have thought of a way to reproduce what you have “consumed”. Studying together Studying together with someone else can be helpful, specially once you reach a point of testing whether you understand and are able to reproduce. Generally, studying together can be stimulating and helpful. 14 Annex 1 Information on CPC Certificate of Professional Competence (CPC) for Road Transport Operators. Some background notes to the requirements Introduction The requirements for the examination of road transport operators for the Certificate of Professional Competence (CPC) are largely based on Council Directive 96/26/EC, last amended by Council Directive 98/76/EC, on admission to the occupation of road haulage operator and road passenger operator and mutual recognition of diplomas, certificates and other evidence of formal qualification. This directive is intended to facilitate for these operators the right to freedom of establishment in national and international transport operations and is one of the most important pieces of European road transport legislation. This single Directive covers several topics that have an important impact on the road haulage industry and the passenger transport sector. The Directive lays down minimum standards for financial standing, professional competence and good repute for transport operators. Fulfilment of these three requirements gives the road transport operator the right to obtain an operator's license. The requirement of professional competence can be fulfilled by obtaining a Certificate of Professional Competence through a system of exams. Council Directive 98/76/EC gives detailed information on the examination requirements for obtaining this certificate. This Certificate valid in one EU Member State is equally valid in other Member States through the agreement on mutual recognition of diplomas, certificates and other evidence of formal qualification. The IRU Academy has elaborated standards for training and examination in CPC for road transport operators, which are in full compliance with Council Directive 96/26/EC, last amended by Council Directive 98/76/EC. The underlying training programme through distance learning is fully compliant with the IRU standards. We will now go into more detail concerning Council Directive 96/26/EC, last amended by Council Directive 98/76/EC by highlighting the most important elements. General requirements 1. The law must apply at least to all undertakings transporting passengers or goods for hire and reward by means of motor vehicles constructed for more then nine persons and for motor vehicles with over 3,5 tonnes maximum authorised weight. 2. “The occupation of road haulage operator” shall mean the activity of any undertaking transporting goods for hire or reward by means of either a motor vehicle or a combination of vehicles. 3. “The occupation of road passenger transport operator” shall mean the activity of any undertaking operating by means of motor vehicles so constructed and equipped as to be suitable for carrying more than nine persons - including driver - and intended for that purpose, passenger transport services for the public or for specific categories of users against payment by the person transported or by the transport organiser. 4. Member states may exempt undertakings from application of the rules if they use vehicles of which the maximum authorised weights are between 3,5 and 6 tonnes, and if these undertakings are engaged exclusively in local transport and having only a minor impact on the transport market because of the short distances involved. Good repute The good repute requirement is not satisfied, or is no longer satisfied, if the natural person or persons who are deemed to satisfy the triple requirements 1. Have been convicted of serious offences, including offences of a commercial nature, 2. Have been declared unfit to pursue the occupation of road transport operators under any rules in force, 3. Have been convicted of serious offences against the rules in force concerning: the pay and employment conditions in the profession, or road haulage or road passenger transport, as appropriate, in particular the rules relating to drivers' driving and rest periods, the weights and dimensions of commercial vehicles, road safety and vehicle safety, the protection of the environment and the other rules concerning professional liability. Financial standing Appropriate financial standing shall consist in having available sufficient resources to ensure proper launching of the undertaking For the purposes of assessing financial standing, the competent authority shall have regard to: annual accounts of the undertaking; if any; funds available, including cash at bank, overdraft and loan facilities; any assets, including property, which are available to provide security for the undertaking; costs, including purchase costs initial payment for vehicles, premises, plant and equipment and working capital. The undertaking must have available capital reserves of at least EUR 9,000 when only one vehicle is used and at least 5,000 EUR for each additional vehicle. The competent authority may accept or require, by way of proof, the confirmation or assurance provided by a bank or other properly qualified institution. Such confirmation or assurance may be given by a bank guarantee, possibly in the form of a pledge or security, or by any other similar means. Professional Competence 1. The condition relating to professional competence shall consist in the possession of specified knowledge for the topics: Civil law, Commercial law, Social law, Fiscal law, Business and financial management of the undertaking, Access to the market, Technical and environmental standards and aspects of operation, Road safety. 2. It shall be established by means of a compulsory written examination (Multiple choice questions with 4 possibilities, or open questions or a combination of both and Written exercises/case studies which may be supplemented by an oral examination). 3. The minimum duration of each test is two hours; if an oral examination is organised, it may be stipulated that participation is subject to successful completion of the written examination. 4. Weighting of marks of the tests: written and oral test: each of the three tests a minimum of 25% and a maximum of 40% of the total number of marks to be given.; written test: each of the two tests a minimum of 40% and a maximum of 60% of the total number of marks to be given; with regard to all tests, applicants must obtain an average of at least 60% of the total number of marks given; in any test not less than 50% of the total number of marks to be given; In one test the mark may reduced from 50% to 40%. 5. Member States may exempt from examination applicants who provide proof of at least five years practical experience in a transport undertaking at management level, provided such applicant sits a test, arrangements for which shall be determined by Member States in accordance with the compulsory subjects for examination. 6. Member States may exempt the holders of certain advanced diplomas or technical diplomas, which provide proof of a sound knowledge of the compulsory subjects for examination, from sitting an examination in the subject covered by the diplomas. 7. Member States may exempt undertakings engaging solely in national transport operations from having to study international subjects, as long as the certificate mentions that the operator is solely qualified for national transport. 8. A certificate issued by the authority or designated body, drawn up in accordance with the form of certificate set out in Annex Ia of Council Directive 96/26/EC (as amended by 98/76/EC), shall be produced as proof of professional competence. Rejection, withdrawal and offences 1. Rejection of an application for admission to the occupation shall state the grounds on which they are based. 2. A check should be carried out by the competent authority at least every five years to ensure compliance with all three qualitative criteria. Competent authorities must withdraw authorisations, allowing sufficient time for appointment of a substitute, in case the triple requirements are no longer satisfied. 3. Interested undertakings must be able to defend their interests. 4. Where offences against the rules governing either road haulage or road passenger transport, as appropriate, have been committed by non-resident road transport operators and might lead to withdrawal of the authorisation to practice as a road transport operator, the Member States shall provide the Member State in which such a road transport operator is established with all the information their possession concerning those offences and the penalties they have imposed. 5. If the requirement of financial standing is not fulfilled at the time of checking the authorities may, where the undertaking’s other economic circumstances give grounds for assuming that the requirements of financial standing will again be fulfilled within the foreseeable future on the basis of a financial plan, give further notice of not more than one year. Mutual recognition of diplomas, certificates and other evidence of formal qualifications 1. A host Member State shall, for the purpose of admission to the occupation of road transport operator, accept as sufficient proof of good repute an extract from a judicial record, or failing that, an equivalent document issued by a competent judicial or administrative authority in the road transport operator's country of origin or the country whence he comes, showing that these requirements have been met. 2. In case of certain additional good repute requirements not reflected in the foreign document issued, the host State shall accept as sufficient evidence a certificate issued by a competent judicial or administrative authority in the country of origin or the country whence he comes, stating that the requirements have been met. 3. Where in the host Member State a certificate is required as proof of financial standing, that State shall regard corresponding certificates issued by the banks in the country of origin or in the country whence the foreign national comes or by other financial bodies designated by that country, as equivalent to certificates issued in its own territory. 4. In case of certain additional financial standing requirements not reflected in the foreign document issued, the host State shall accept as sufficient evidence a certificate issued by a competent judicial or administrative authority in the country of origin or the country whence he comes, stating that the requirements have been met. 5. Member States shall recognise as sufficient proof of professional competence certificates drawn up in accordance with the form of certificate set out in Annex Ia of Council Directive 96/26/EC (as amended by 98/76/EC). 6. Certificates of other Member States are accepted however additional partial exams may be compulsory in case the national level for certain aspects is higher than the level required in the other Member States. Annex 2 Examination instructions procedures Exam Rules for the CPC Road Transport Operator (In full compliance with Council Directive 98/76/EC) GENERAL Article 1 For the purposes of these rules the following shall mean: The foundation: ……………… Established at: ……………… The foundation that organises the exam referred to in these rules and that is appointed by the Minister of ……………….. to award recognised certificates for professional road haulage and passenger transport. The board of the foundation: The board of the foundation is particularly responsible for supervising the examining board referred to below and setting the exam papers. Examining board: The examining board is headed by a chairman, deputy chairman and secretary, who are all appointed by the board of the foundation and responsible for: organising the exam; determining the exam results; awarding the professional certificates on behalf of the board of the foundation. The candidate: Those who are registered to take one or more exam sections. Credit (certificate): Evidence that a candidate has successfully completed an exam section. Professional certificate: The Professional Certificate for Road Haulage and Road Passenger Transport, amending Directive 96/26 as referred to in Council Directive 98/78/EC, on admission to the occupation of road haulage operator and mutual recognition of diploma’s, certificates and other evidence of formal qualifications intended to felicitate for these operators the right to freedom of establishment in national and international transport operations. Article 2 1. The exam consists of three parts for National Road Haulage, namely Core, National Road Haulage 1 and National Road Haulage 2; two parts for International Road Haulage (part 1 and 2); three parts for National Road Passenger Transport, namely Core, National Road Passenger Transport 1 and National Road Passenger Transport 2; two parts for International Road Passenger Transport. 2. The exam requirements for the aforementioned subjects are described in Annex 1 to these rules. Article 3 Each written exam section may be taken xxx times a year in the xxx language. ANNOUNCEMENT AND REGISTRATION Article 4 1. The foundation shall determine the dates on which the exam sections are to be held, as well as the closing dates for registration. It shall announce these dates in the press at least 3 months before the determined exam dates. 2. Registration shall take place by means of a registration form that can be obtained from the foundation. Together with the registration form the applicant shall be sent a copy of the exam rules and details of the exam fees due. a. When registering the applicant must state on the registration form which exam section or sections he wishes to take; b. When registering for the first time the applicant must enclose a pass photo and an extract from the register of births, deaths and marriages obtainable from the town clerk in his domicile. Neither of these must be older than 2 months. EXAM AND CERTIFICATE FEES Article 5 The board of the foundation shall determine the amounts to be paid for taking the exam sections as well as for awarding the professional certificate. EXEMPTION ON THE GROUNDS OF PRELIMINARY TRAINING Article 6 1. Those who have in their possession one or more of the certificates as referred to in Annex 2 to these rules or who possess equivalent certificates, may at their request be exempt from taking the exam in the subject(s) marked with an X in the Annex. 2. Should the applicant wish to make use of the above-mentioned possibility, a copy of the relevant certificates and if necessary the corresponding list of marks should be enclosed with the registration form. An official authority, for example the Chamber of Commerce or the authority that awarded the original, should authenticate the copy. 3. The foundation accepts no responsibility whatsoever for the loss of respectively submitted or returned original certificates or copies. The original certificates shall be returned after inspection if the candidate has enclosed a stamped addressed envelope for their return. If this is not the case, certificates and copies shall be returned with the obtained professional certificate for national road transport and haulage. REGISTRATION AND ABSENCE Article 7 Only those who have sent in the registration form together with the relevant documents and who have paid the fees due by the closing date for registration shall be registered for one or more exam sections. Unstamped or insufficiently stamped envelopes shall not be considered and shall be returned. Article 8 Should in the opinion of the board a candidate in unforeseen circumstances be prevented from taking one or more of the exam sections then: 70% of the exam fee(s) that the candidate has paid may be refunded: 1. in the case of the decease of the candidate or their spouse, or relatives up to the second degree upon surrender of evidence and 2. in the case of illness/accident, upon surrender of a doctor’s certificate. 50% of the exam fee(s) that the candidate has paid may be refunded should the candidate cancel in writing within a period of 14 days before the exam. In all other cases no refund is possible, unless the board decides otherwise. Paid exam fees shall not be reserved for a following exam. PROCEDURE DURING THE EXAM Article 9 1. The candidate shall receive written notification no later than 2 weeks before the exam section takes place. 2. The written notification shall state: the date, location of the exam, exam timetable and the exam number of the candidate, as well as the possible tools that may be used for the exam section concerned. 3. No tools other than those mentioned in 2. above may be found in the direct vicinity of candidates at the location of the exam. 4. The candidate, who has not received notification within 8 days before the exam section is to take place, should contact the office of the foundation. Article 10 The duration of the different exams are as follows: Exam style number of questions duration Core National road haulage – part one National road haulage – part two International road haulage Multiple choice Multiple choice 20 40 30 minutes 60 minutes Case study or written exercises Short direct questions and case study 8 90 minutes 60 minutes National road passenger transport – part one National road passenger transport – part two International road passenger transport Multiple choice 10 direct answer questions + 3 case study questions 40 8 90 minutes 10 direct answer questions + 3 case study questions 60 minutes Case study or written exercises Short direct questions and case study 60 minutes Article 11 The packets containing the exam papers for the various subjects shall be opened each time by the chairman of the examining board in the presence of 2 candidates. These candidates shall sign a document as evidence of this. Article 12 1. The candidate must be able to identity himself for each subject by showing a passport, driving licence or tourist card. The period of validity of this identification must not have expired longer than 1 year. 2. The candidate must show the notification of the exam should this be asked. 3. Should the candidate be unable to show the notification or any identification, this could result in the candidate being excluded from (further) participation in the exam section. Article 13 The candidate should write his exam number and the name of the exam subject on each piece of paper that he is given for working out the exam. MARKING AND RESULT ASCERTAINMENT Article 14 1. The examiners responsible for the relevant subject shall mark the exam paper that the candidate has completed. 2. The marking shall be expressed in marks from 1 to 10; marks that are a fraction of a half or more shall be rounded off upwards and marks that are a fraction of less than a half shall be rounded off downwards; marks of 5 and lower shall be classed as a fail. Article 15 The national road haulage exam consists of three parts: core; national road haulage 1; and national road haulage 2. The international road haulage exam consists of two parts: international road haulage 1 and international road haulage 2. The national road passenger transport exam consists of three parts: core; national road passenger transport 1; and national road passenger transport 2. The international road passenger transport exam consists of two parts: international road passenger transport 1 and international road passenger transport 2. The minimum marks for passing the national road haulage exam, national road passenger transport, international road haulage and international road passenger transport is 6. The final mark for the exam is the average mark for each of the parts, whereby the mark for the individual parts should be minimum 5. Article 16 1. The result referred to in the preceding articles shall be made known to the candidate in writing as soon as possible, yet no later than three months after the exam section has taken place. 2. A candidate who has failed an exam section may resit that exam section three times should he wish within a period of three years. 3. The candidate who successfully passes all the sections within a period of 3 years shall receive the CPC certificate. 4. The list of mark, the credits and the professional certificate shall be dated and authenticated by the signatures of the chairman and secretary of the examining board. CHEATING AND UNREGULARITY Article 17 1. The candidate, who in any way before or during an exam section is found guilty of cheating and/or causes irregularity, shall be excluded from further participation in the exam section. 2. If the fraud or irregularity is first discovered when the exam section is over, the candidate shall be denied his credit and/or professional certificate. Should these have already been awarded the return of the credit and/or professional certificate would be requested. 3. The chairman of the examining board shall take such decisions. He shall immediately inform the board of the foundation of this. 4. Within a month of being informed of this decision, the candidate may appeal to the chairman of the board of the foundation against such a decision. The chairman shall inform the involved parties as soon as possible of his decision regarding this appeal. CONCLUDING ARTICLES Article 18 1. No correspondence shall be entered into regarding the results of the exam. 2. The marked exam papers shall be available on request at the office of the foundation during 1 month after the announcement of the result. This is exclusively for the candidate to inspect them personally. For this a fee must be paid. After the mentioned time limit has expired the exam work shall be destroyed. 3. Should after inspection the candidate disagree with the result, then he/she may make this known in writing to the board. For this the candidate must pay xxxx so that his objection shall be considered. Should his/her objection be allowed, then the xxxx shall be returned to the candidate. Article 19 In all other cases, which are not covered by these rules, the board of the foundation shall decide. Article 20 These rules take effect as from xxxx. Changes of a material nature in these rules shall come into force after a lapse of 6 months after being announced in the press. Chairman Board of the foundation Chairman Examining board APPENDIX 1 Council Directive 98/76/EC of 1 October 1998 amending Directive 96/26/EC on admission to the occupation of road haulage operator and road passenger transport operator and mutual recognition of diplomas, certificates and other evidence of formal qualifications intended to facilitate for these operators the right to freedom of establishment in national and international transport operations Appendix 1 I. LIST OF SUBJECTS REFERRED TO IN ARTICLE 3(4) The knowledge to be taken into consideration for the official recognition of professional competence by the Member States must cover at least the subjects listed below for road haulage and road passenger transport respectively. In relation to these subjects, applicant road haulage and road passenger transport operators must have the levels of knowledge and practical aptitude necessary for the management of a transport undertaking. The minimum level of knowledge, as indicated below, may not be below level 3 of the the training-level structure laid down in the Annex to Decision 85/368/EEC (1), that is the level achieved in training acquired in the course of compulsory education supplemented either by vocational training and supplementary technical training or by secondary-level school technical training. (1) Council Decision 85/368/EEC of 16 July 1985 on the comparability of vocational training qualifications between the Member States of the European Community (OJ L 199, 31. 7. 1985, p. 56). A. Civil law Road haulage and passenger transport The applicant must, in particular: 1. be familiar with the main types of contract used in road transport and with the rights and obligations arising therefrom; 2. be capable of negotiating a legally valid transport contract, notably with regard to conditions of carriage; Road haulage 3. be able to consider a claim by his principal regarding compensation for loss of or damage to goods during transportation or for their late delivery, and to understand how such a claim affects his contractual liability; 4. be familiar with the rules and obligations arising from the CMR Convention on the contract for the international carriage of goods by road; Road passenger transport 5. be able to consider a claim by his principal regarding compensation for injury to passengers or damage to their baggage caused by an accident during transportation, or regarding compensation for delays, and to understand how such a claim affects his contractual liability. B. Commercial law Road haulage and passenger transport The applicant must, in particular: 1. be familiar with the conditions and formalities laid down for plying the trade, the general obligations incumbent upon transport operators (registration, keeping records, etc.) and the consequences of bankruptcy; 2. have appropriate knowledge of the various forms of commercial company and the rules governing their constitution and operation. C. Social law Road haulage and passenger transport The applicant must, in particular: 1. be familiar with the role and function of the various social institutions which are concerned with road transport (trade unions, works councils, shop stewards, labour inspectors, etc.); 2. be familiar with the employers' social security obligations; 3. be familiar with the rules governing work contracts for the various categories of worker employed by road transport undertakings (form of the contracts, obligations of the parties, working conditions and working hours, paid leave, remuneration, breach of contract, etc.); 4. be familiar with the provisions of Regulation (EEC) No 3820/85 (1) and Regulation (EEC) No 3821/85 (2), and the practical arrangements for implementing these Regulations. Council Regulation (EEC) No 3820/85 of 20 December 1985 on the harmonisation of certain social legislation relating to road transport (OJ L 370, 31. 12. 1985, p. 1). Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport (OJ L 370, 31. 12. 1985, p. 8). Regulation as last amended by Commission Regulation (EC) No 1056/97 (OJ L 154, 12. 6. 1997, p. 21). D. Fiscal law Road haulage and passenger transport The applicant must, in particular, be familiar with the rules governing: 1. VAT on transport services; 2. motor-vehicle tax; 3. the taxes on certain road haulage vehicles and tolls and infrastructure user charges; 4. income tax. E. Business and financial management of the undertaking Road haulage and passenger transport The applicant must, in particular: 1. be familiar with the laws and practices regarding the use of cheques, bills of exchange, promissory notes, credit cards and other means or method of payment; 2. be familiar with the various forms of credit (bank credit, documentary credit, guarantee deposits, mortgages, leasing, renting, factoring, etc.) and with the charges and obligations arising from them; 3. know what a balance sheet is, how it is set out and how to interpret it; 4. be able to read and interpret a profit and loss account; 5. be able to assess the undertakings's profitability and financial position, in particular on the basis of financial ratios; 6. be able to prepare a budget; 7. be familiar with his undertaking's cost elements (fixed costs, variable costs, working capital, depreciation, etc.), and be able to calculate costs per vehicle, per kilometre, per journey or per tonne; 8. be able to draw up an organisation chart relating to the undertaking's personnel as a whole and to organise work plans, etc.; 9. be familiar with the principles of marketing, publicity and public relations, including transport services sales promotion and the preparation of customer files, etc.; 10. be familiar with the different types of insurance relating to road transport (liability, accidental injury/life insurance, non-life and luggage insurance) and with the guarantees and obligations arising therefrom; 11. be familiar with the applications of electronic data transmission in road transport; Road haulage 12. be able to apply the rules governing the invoicing of road haulage services and know the meaning and implications of Incoterms; 13. be familiar with the different categories of transport auxiliaries, their role, their functions and, where appropriate, their status; Road passenger transport 14. be able to apply the rules governing fares and pricing in public and private passenger transport; 15. be able to apply the rules governing the invoicing of road passenger transport services. F. Access to the market Road haulage and passenger transport The applicant must, in particular: 1. be familiar with the occupational regulations governing road transport for hire or reward, industrial vehicle rental and sub-contracting, and in particular the rules governing the official organisation of the occupation, admission to the occupation, authorisations for intra- and extra-Community road transport operations, inspections and sanctions; 2. be familiar with the rules for setting up a road transport undertaking; 3. be familiar with the various documents required for operating road transport services and be able to introduce checking procedures for ensuring that the approved documents relating to each transport operation, and in particular those relating to the vehicle, the driver, the goods and luggage are kept both in the vehicle and on the premises of the undertaking; Road haulage 4. be familiar with the rules on the organisation of the market in road haulage services, on freight handling and logistics; 5. be familiar with frontier formalities, the role and scope of T documents and TIR carnets, and the obligations and responsibilities arising from their use; Road passenger transport 6. be familiar with the rules on the organisation of the market in road passenger transport; 7. be familiar with the rules for introducing road passenger transport services and be able to draw up transport plans. G. Technical standards and aspects of operation Road haulage and passenger transport The applicant must, in particular: 1. be familiar with the rules concerning the weights and dimensions of vehicles in the Member States and the procedures to be followed in the case of abnormal loads which constitute an exception to these rules; 2. be able to choose vehicles and their components (chassis, engine, transmission system, braking system, etc.) in accordance with the needs of the undertaking; be familiar with the formalities relating to the type approval, registration and technical inspection of these vehicles; 3. understand what measures must be taken to reduce noise and to combat air pollution by motor vehicle exhaust emissions; 4. be able to draw up periodic maintenance plans for the vehicles and their equipment; Road haulage 5. be familiar with the different types of cargo-handling and loading devices (tailboards, containers, pallets, etc.) and be able to introduce procedures and issue instructions for loading and unloading goods (load distribution, stacking, stowing, blocking and chocking, etc.); 6. 7. be familiar with the various techniques of "piggy-back" and roll-on roll-off combined transport; 8. be able to implement procedures for complying with the rules on the carriage of dangerous goods and waste, notably those arising from Directive 94/55/EC (1), Directive 96/35/EC (2), and Regulation (EEC) No 259/93 (3); 9. be able to implement procedures for complying with the rules on the carriage of perishable foodstuffs, notably those arising from the Agreement on the international carriage of perishable foodstuffs and on the special equipment to be used for such carriage (ATP); 10. be able to implement procedures for complying with the rules on the transport of live animals. Council Directive 94/55/EC of 21 November 1994 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road (OJ L 319, 12. 12. 1994, p. 7). Directive as last amended by Commission Directive 96/86/EC (OJ L 335, 24. 12. 1996, p. 43). Council Directive 96/35/EC of 3 June 1996 on the appointment and vocational qualification of safety advisers for the transport of dangerous goods by road, rail and inland waterway (OJ L 145, 19. 6. 1996, p. 10). Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the European Community (OJ L 30, 6. 12. 1993, p. 1). Regulation as last amended by Regulation (EC) No 120/97 (OJ L 22, 24. 1. 1997, p. 14). H. Road safety Road haulage and passenger transport The applicant must, in particular: 1. know what qualifications are required for drivers (driving licence, medical certificates, certificates of fitness, etc.); 2. be able to take the necessary steps to ensure that drivers comply with the traffic rules, prohibitions and restrictions in force in different Member States (speed limits, priorities, waiting and parking restrictions, use of lights, road signs, etc.); 3. be able to draw up drivers' instructions for checking their compliance with the safety requirements concerning the condition of the vehicles, their equipment and cargo, and concerning preventive measures to be taken; 4. be able to lay down procedures to be followed in the event of an accident and to implement appropriate procedures for preventing the recurrence of accidents or serious traffic offences; Road passenger transport 5. have elementary knowledge of the layout of the road network in the Member States. II. ORGANISATION OF THE EXAMINATION 1. Member States shall organise a compulsory written examination which they may supplement by an optional oral examination to establish whether applicant road transport operators have achieved the required level of knowledge in the subjects listed in part I, in particular, their capacity to use the instruments and techniques relating thereto and to fulfil the corresponding executive and co-ordination duties. a. The compulsory written examination shall involve two tests, namely: written questions consisting of either multiple choice questions (each with four possible answers), questions requiring direct answers or a combination of both systems, written exercises/case studies. The minimum duration of each test is two hours. b. Where an oral examination is organised, Member States may stipulate that participation is subject to successful completion of the written examination. 2. Where Member States also organise an oral examination, they must provide, in respect of each of the three tests, for a weighting of marks of a minimum of 25 % and a maximum of 40 % of the total number of marks to be given. Where Member States organise only a written examination they must provide, in respect of each test, for a weighting of marks of a minimum of 40 % and a maximum of 60 % of the total number of marks to be given. 3. With regard to all the tests, applicants must obtain an average of at least 60 % of the total number of marks to be given, achieving in any given test not less than 50 % of the total number of marks possible. In one test only, a Member State may reduce that mark from 50 % to 40 %. PRACTICAL ORGANISATION OF CPC EXAMS FOR ROAD OPERATORS I Instructions for Chairman examination committee Objective of instructions The objective of these instructions is to define a uniform working method of the chairman of the examination committee. Application area of the procedure These instructions are applicable to all written examinations held by xxx Definitions and abbreviations Not applicable. Working method Step 1 15 minutes before the start of the examination candidates may enter the examination room to take place at their desks, which are provided with their examination numbers. Step 2 Just before the beginning of the examination the chairman of the examination committee welcomes the candidates and gives them the following instructions: Put identification and summons at the right hand top side of the desk. Only those books for the subject at hand as indicated before are allowed to be on the desk. All other books are to be removed from the desk. In the books present no notes are allowed. No pen cases or own noting paper are allowed on the desk. No connected mobile telephones. No writing with pencil. Candidates are to mention their times of departure on the front page of their examination papers. Step 3 Two candidates, appointed by the secretary of the examination committee, are requested to come forth to sign the declaration stating that the examination paper were sealed when they arrived. Step 4 Upon the signal of the chairman, candidates may begin do to their examinations. This signal is given as soon as all invigilators are ready distributing the examination papers, thus allowing all to get the same amount of time to do the examination. Step 5 Upon completion of the exam the candidates are to wait for the signal of the chairman of the examination committee before leaving the examination room. Step 6 Ten minutes before the end of each subject the chairman of the examination committee announces the time left. Step 7 At the end of each subject the candidates are told that time is up and that they should put down their pens, put their work into the appropriate folder and leave the room. II Instructions for invigilators Objective of instructions The objective of these instructions is to define a uniform working method for invigilators. Application area of the instructions These instructions are applicable to all written examinations held by xxx. Definitions and abbreviations Not applicable. Working method 1. Upon entrance The examination room should be organised in such a way to allow for maximum spacing between individual desks. On your desk should be present: a stapler pen and/or pencil cards of examination candidates vigilator’s file, in which should be found: a list of examination numbers and names of candidates to put signatures on vigilator’s declaration concerning the examination papers taken in numbered files and plates with the examination numbers of that block calculators name plate that you put on yourself, for you in order to be recognisable. You start putting down the numbered files on your left, seen when standing in front of the block. For a number of subjects they can borrow calculators. Later in these instructions the subjects for which these are applicable will be mentioned. Should there be any deviations, you will be told when you are invited to that examination. 2. Distribution of examination papers Upon entrance of the examination candidates, the examination papers will be officially opened just before commencement of the examination. The papers are then distributed among the invigilators, who are to hand them out to the candidates of their own block as quickly as possible. ATTENTION: The examination papers have been numbered beforehand, so make sure you take the papers corresponding to your own block. You are to distribute all papers, even when no one is present at a desk. The candidates may only begin after the chairman has said so. 3. Checks after commencement of the examination During opening of the examination papers the chairman will ask each candidate to put their identity cards on their desks. Checking consists of three parts, which are to take place simultaneously: Putting a signature Immediately after distribution of the papers each candidate is to put a signature (after the appropriate number) on the signature list. For each examination subject there will be a new list. So please take care to take the correct list. Identification At the first subject in which a candidate takes part, he/she is to identify him/herself. This can be done by means of a passport, official identity card or a driving licence. Compare the signatures on the signature list with those on the identity cards. Compare the pictures of the identity cards with the pictures on the candidate cards and have a look at the candidate him/herself. Should any of these checks give reason for doubt, the chairman or secretary should be contacted. He or she will then give further instructions. Comparison of summons Apart from an identity card each candidate is to show the original summons. Compare this summons with the candidate card or signature list. You are to verify if the examination number and the name correspond EXACTLY. There are always candidates who fail to carefully read their examination number and who, as a consequence, take place at the wrong desk. 4. Procedure of exempted candidates or candidates who do not show up When in a block desks are unoccupied, action needs to be taken. When a candidate is exempted from an examination, this is mentioned on the signature list. You make a note of this on the examination paper directly below the examination number next to ‘time of departure’ (which is not filled in, since the candidate has not been present) and you put the paper into the numbered file on the desk. Should a candidate not have turned up you are to mention this both on the examination paper below the examination number and on the signature list. 5. Checking of candidates during the examination Candidates are to be checked regularly during the examination. You are to pay attention to copying, notes, the presence of not allowed books on desks, self-written text in possibly allowed books, etc. Which books may be used for which examinations can be found on the timetable. Should you discover any copying or such, you should inform the chairman or the secretary of the examination committee. They take possible further steps. During the examination candidates may only use the toilet after permission of the invigilator. An invigilator is to accompany the candidate. Should a candidate leave the room without reporting this to an invigilator and he/she has left the room without being accompaniment, this candidate is not allowed to reenter the room for the subject in question. Should you leave the room to accompany a candidate or to use the toilet yourself, you are to tell another invigilator, so that he/she can check your block. TIP Do not walk past candidates too often, do not look at their work and do not speak to them if this is not necessary. You can let the candidates know you are there, but do not distract them too much. Do not give answers or clues regarding the examination!! You are also allowed to check another invigilator’s block, especially because candidates do not really expect this. 6. Departure of candidates A candidate is only allowed to leave the room after identification has taken place. At the first subject the chairman will say when candidates are allowed to leave the room, in view of possible latecomers. When a candidate is ready, he/she is to put the completed paper into the appropriate file. Make sure this is really done. Surrounding candidates may become too tempted to copy. Should the papers be loosened by the candidates, you are to put them back in the right order and staple the top left corner. Then put the paper into the file and let a small edge stick out, so that you do not check the same file repeatedly. After the candidate has left the room, he is not allowed to re-enter before the start of the next examination subject. 7. Departure of last candidate When the last candidate has left, the completed papers are to be collected in order of increasing of examination numbers (i.e. lowest number on top). Leave the files unopened on the desk; this enables you to see that you have indeed taken in all the papers. Add to the papers the declaration (in twofold) which you already filled in before and sign now. (Make sure exemptions and candidates who have not showed up are not indicated on the declaration.) You have distributed xx papers and collected xx papers at the end of the examination time. Hand in this complete set along with the signature list of this subject to the secretary of the examination committee. In short your actions during the examination: 1. Make sure all candidate desks have a numbered file to put in the completed papers. 2. Proceed to the desk of the board in order to receive the examination papers. 3. Distribute the papers as quickly as possible to the candidates in your block. 4. After distribution of the examinations, go to the candidates for identification and signature. 5. Indicate the reason for absence during the examinations on the examination papers and the signature list. 6. Keep an eye on the candidates during the entire examination (this means also when signatures are put and even when you distribute the papers). 7. When the announcement is made that the examination is over, see to it that NO ONE continues writing. 8. Collect the papers in the right order. 9. Hand in the papers along with the declaration (in twofold) and signature list to the desk of the board of examiners. 10. At the end of the day hand in the numbered files and plates (neatly arranged). For a number of subjects candidates can borrow a calculator. In total you will receive xx numbered calculators. Should any one of them not function properly, you can ask at the desk of the board of examiners for a new one. Make sure the calculators are handed in again. Should this not be the case, you can always ask a candidate upon completion of the last examination if he or she has put it into their bags by mistake. III Summarised exam procedure Secretary checks with room proprietor one day before the examination. One hour before the beginning of the examinations he checks the layout of the chairs and desks. 45 minutes prior to the examination the vigilators are present. The secretary opens the sealed envelope containing the examination papers in the presence of two candidates. The chairman gives the starting signal. The invigilator checks the examination numbers and identities of the candidates, candidates put signature on signature list. 10 minutes before the end of the examination the chairman announces that time is nearly up. The chairman gives the end signal; all candidates are to leave the examination room. Invigilators collect examination papers and hand them over to the secretary of the examination committee.