Training in Road Freight Transport: New Standards for FIMO and FCO

A decree modifies the derogations to the professional training obligations of road haulage drivers. New derogations to the obligation of Fimo (compulsory minimum initial training) and FCO (compulsory continuous training) are thus fixed.

Decree no. 2020-1078, published on August 21, in application of a European directive of 2018, modifies the exemptions to the professional training obligations of road haulage drivers. It modifies the first seven exemptions from the driver training requirements of Article R. 3314-15 of the French Transportation Code and includes five new exemptions. The exemption from professional training applies to vehicle drivers:

• whose maximum authorized speed does not exceed 45 km/hour;
• assigned to the services of the armed forces, civil security services, forces responsible for maintaining public order and emergency ambulance transport services, or placed under their control, when the transport is carried out for the purposes of the tasks assigned to these services ;
• undergoing road tests for the purpose of technical improvement, repair or maintenance and new or converted vehicles not yet put into circulation ;
• used in emergency situations or assigned to rescue missions, including vehicles used for the non-commercial transport of humanitarian aid ;
• 
used in the course of driving courses or examinations, for the purpose of obtaining a driving license or in the context of vocational training provided for in this Chapter, provided that they are not used for the commercial transport of goods or passengers ;
• used for the non-commercial transportation of passengers or goods ;
• transporting material, equipment or machinery intended for use in the exercise of their driver's occupation, provided that driving the vehicle does not constitute the driver's principal activity ;
• for the driving of which a category D or D1 driving license is required, driving without a passenger between a maintenance center and the nearest operational center used by the carrier, provided that the driver is a maintenance worker and that driving the vehicle does not constitute his or her principal activity ;
• which is driven on rural roads for the purpose of supplying the drivers' own business, where the drivers do not provide transport services and provided that driving the vehicle does not constitute their main activity ;
• used, or rented without a driver, by agricultural, horticultural, forestry, livestock or fishing enterprises, for the transport of goods in the context of their specific professional activity, provided that driving the vehicle does not constitute the driver's main activity and that these vehicles are used around the place of establishment of the enterprise within a maximum radius fixed by joint order of the minister in charge of road safety and the minister in charge of transport (200 km) ;
• circulating exclusively on roads that are not open to public use ;
• and drivers undergoing training carried out in a work situation, on a sandwich course or as part of a training contract, a training agreement or an agreement linked to a period of on-the-job training or an internship, with a view to obtaining a driving license or as part of the professional training provided for in this chapter, provided that they are accompanied by a third party holder of the driver qualification card or by a teacher holding the authorization provided for in article L. 212-1 of the highway code, for the category of vehicle used.

Harmonized Code 95

Article R. 3315-2 also requires the mention of the European Union Harmonized Code 95 on the valid driver qualification card, on the driver's license as well as on the driver attestation (art. R. 3411-13 of the French Transportation Code), for drivers who are nationals of a non-European Union Member State and who are employed or whose services are used by a company established in a Member State.

Article R. 3411-13 also stipulates that when the transport operator proves that the designated driver's situation is in order with regard to the initial qualification or continuous training obligations, the certificate issued must mention the European Union Harmonized Code 95.

GWENAËLLE ILY ACTL