Proposal to exclude paragraphs five and six of subparagraphs 1 of paragraph 1 of Amendments to certain regulatory acts on the organization of special training for road transport workers of dangerous goods. Provide for a list of bodies, their units, which will be empowered to take exams from drivers and authorized persons, in accordance with the current provisions Legislation.

Not taken into account.
In accordance with paragraphs 2, 13 of section I of the Procedure for passing examinations, registration and issuance of DOPNV certificates on the training of drivers of vehicles transporting dangerous goods, certificates on the training of authorized persons for the safety of transportation of dangerous goods by road, approved by the order of the Ministry of Internal Affairs of the case law of Ukraine dated July 21, 2022 No. 449, registered with the Ministry of Justice of Ukraine on August 22, 2022 under No. 950/38286, provides that the passing of exams for drivers and authorized persons is carried out by employees of regional service centers of the Main Service Center of the Ministry of Internal Affairs (hereinafter — RSC GSC of the Ministry of Internal Affairs). The exam is taken by authorized employees of the RSC GSC of the Ministry of Internal Affairs, who, according to their official duties, are assigned the functions of passing exams (hereinafter — the examiner). The
question is disclosed in the current version of the Requirements for special training centers for drivers of vehicles transporting dangerous goods and safety officers transportation of dangerous goods by road, approved by the order of the Ministry of Internal Affairs of Ukraine dated July 21, 2022 No. 449, registered with the Ministry of Justice of Ukraine on August 22, 2022 under No. 949/38285 (hereinafter — Requirements), therefore does not need clarification

Not taken into account. The
relevant requirement is provided for by the Resolution of the Cabinet of Ministers of Ukraine of October 31, 2007 No. 1285. In
accordance with paragraph 4 of the Procedure for conducting special training of employees of entities transporting dangerous goods, approved by the Resolution of the Cabinet of Ministers of Ukraine dated October 31, 2007 No. 1285, by the Ministry of Internal Affairs of Ukraine Order of the Ministry of Internal Affairs of Ukraine dated November 26, 2021 № 875 “On approval of typical educational and thematic plans and programs of special courses was adopted training of drivers of vehicles transporting dangerous goods and authorized persons for the safety of transportation of dangerous goods by road”.
Also, the Ministry of Internal Affairs of Ukraine approved the order of December 26, 2022 No. 849 “On Amendments to the Typical Training and Thematic Plans and Programs of Special Courses training of drivers of vehicles carrying dangerous goods and safety officers for the transport of dangerous goods by road.”

It is proposed that the second paragraph of paragraph 12 of Chapter I of the Requirements be stated in the following version: “12.
Information about the specified centers of special training is posted on the website of the Main Service Center of the Ministry of Internal Affairs. The GSC of the Ministry of Internal Affairs provides free, free of charge, round-the-clock access to information about special training centers, posted on its official website and indicates the following information: name; institution code according to the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations /registration number of the taxpayer's credit card; training courses /retraining of drivers and/or training of authorized persons; location of offices (classes); contact phone numbers; e-mail address; information about teachers (last name, first name, by father (if available).”

Partially taken into account.
In particular, in paragraph three of paragraph 10 of Section VI of the Requirements, the words “indicating its name and location” be replaced by “indicating its name, location of educational premises, contact telephone numbers and e-mail address”.

It is proposed to exclude the requirement for higher education for teachers of special education centers. Since the legislation of Ukraine and the DOPNV does not stipulate requirements for the availability of higher education for teachers of special education centers. The procedure for confirming the teacher's knowledge ensures verification of the level of knowledge, provided that the examination is passed objectively.

Taken into account. The requirement for higher education of teachers of special education centers is excluded
from the draft order.

It is proposed that the seventh subparagraph of paragraph 4 of paragraph 1 of the Amendments to certain regulatory acts on the organization of special training of road workers in the transport of dangerous goods be stated in the following version:
“add paragraph 9 after the words “about the refusal to define the center of special training” in words and figures “and a letter is sent to the head to the centre of special training on the decision taken in the manner specified by the subject of the application within thirty calendar days from the date of receipt of the materials referred to in paragraph 2 of this section. ';

Not taken into account. The issue is disclosed
in the current version of the Requirements, so it does not need to be clarified. In particular, paragraphs 10, 12 of Chapter VI of the Requirements specify the method and time limit for informing the head of the special training center about the results of consideration of the application for the intention to conduct special training in the event of a decision of the commission to determine the center of special training or to refuse to designate a special training center.

Taken into account with editorial edits.

The draft order includes provisions on the possibility of submitting documents personally by the head of the center, or his authorized representative, or sending them by mail with a notification of delivery and with a description of the attachment, or sending them in electronic form in compliance with the requirements of legislation on electronic documents and electronic document circulation.

It is proposed to exclude paragraphs 15-20 of Section VI of the Requirements. At the same time, to supplement the Requirements with a new section
“VII. Grounds and terms of temporary termination and renewal of the decision of the commission, cancellation of the decision of the commission on the determination of the center of special training”, which will provide for the requirements for the temporary termination and renewal of the decision of the commission on the determination of the center of special training, the grounds and terms of such termination, as well as the grounds for the cancellation of the decision on the determination of the special training center.

Not taken into account.
Since no additional justification has been provided on the need to temporarily suspend and renew the decision of the commission on the designation of a special training center.
In turn, the proposed changes may create additional barriers for special training centers. At the same time, the draft order defines a clear list of grounds for the cancellation of the decision on the designation of a special training center.
In addition, the head of the center or his authorized representative has the opportunity to attend the meeting of the commission, as well as the possibility of providing explanations and documents indicating the elimination of deficiencies that are the basis for the cancellation of the decision on the designation of the center of special training, or the lack of such grounds. Therefore, there is no need to supplement the draft order with provisions on temporary termination and renewal of the decision of the commission on the determination of the center of special training.

Not taken into account.
The Agreement on the International Carriage of Dangerous Goods (DPRV) of 1957, to which Ukraine acceded in accordance with the Law of Ukraine “On the Accession of Ukraine to the European Agreement on the International Carriage of Dangerous Goods by Road” (hereinafter — DOPNV), established requirements for the training of employees taking participation in the transportation of dangerous goods, in particular, drivers of vehicles transporting dangerous goods and authorized persons for the safety of transportation of dangerous goods. In accordance with the division
8.2.2.6 of Section 8.2.2 of Chapter 8.2 of Appendix B to the DOPNV, the competent authority, upon written application of the educational organization, approves training courses and organizes control over training. To approve the courses, the following documents are attached to the application: a training program indicating the topics, schedule of classes, teaching methods; qualification and profile of the training staff; information about the premises in which the training is conducted, training materials and tools used for practical training; number of trainees. The training is carried out in accordance with the approved training courses and in accordance with the documents attached to the application.
In this case, the competent authority is notified in advance of the date and place of the training and is granted the right to send persons authorized by it to attend the training courses. In case of violation of the conditions of approval, the competent authority may withdraw it. At the same time, changes in the approved courses, as well as in the training program must be made with the approval of the competent authority.
Therefore, the draft order proposes to settle the issue not of control over the training entity, but its ability to fulfill the requirements specified in the DOPNV regarding the training of drivers of vehicles hazardous goods transporters and hazardous cargo safety officers, by attending classes, precisely in order to analyze the quality of training and take appropriate measures to respond to violation of requirements.

A number of amendments are proposed to the Requirements approved by the Order of the Ministry of Internal Affairs of Ukraine dated July 21, 2022 No. 449, registered with the Ministry of Justice of Ukraine on August 22, 2022 under No. 949/38285. In
particular, to exclude paragraph 10 of section VII of the Requirements; in paragraph 12 of section VII of the Requirements to exclude the word “non-refutable” in detail” and after the word “Requirements” to be supplemented with the words “no later than the next day after the day of the last lesson of the study group.” In addition, paragraph 2 of section I of the Requirements is proposed to be supplemented with new concepts, namely “special training center”, “teacher
center of special training”, “subject of appeal”. It is also proposed to settle the issue of monitoring the compliance of special training centers with these Requirements and the issues of the powers of the commission for the determination of special training centers.

Not taken into account. These proposals
are not subject to regulation of the said draft order.