1. PROFESSIONAL COMPETENCY

2. In Turkey, where 94 % of all domestic freight and passenger transport is carried out by road, a long aspired Law on Road Transportation was issued on July 2003. Before the Law on Road Transportation Nr. 4925 being enacted, there was no specific legislation to regulate road transportation activities.

3. Due to the harmonisation of such regulations in the field of road transportation with the EU acqui, regulations related to market accession and accesion to the profession were enacted in line with the relevant EU norms. The EU’s directives that stipulate conditions for acess to the profession and to the market were substantially reflected in the legislatory work and the 3 main criteria foreseen in such directives concerning financial standing, professional competency and good repute as necesssary qualifications for drivers and managers who aim to work in transport business in EU member staes, were incorporated in the Turkish legislation

4. Two among such criteria, namely the professional good repute and financial standing were regulated under the Regulation on Road Transportation prepared on the basis of the Law Nr. 4925, a separate regulation concerning the criteria for professional competency was issued on 03 September 2004 and legal conditions were laid down in this regulation with regard to professional competency as required for accession to the profession and for the performance of the profession.

5. Under the Law on Road Transportation issued in 2003, freight and passenger transportation were aimed to be regulated in accordance with EU standards and in this direction, requirements concerning Professional Competency Certificate for Commercial Vehicle Operation such as training, examinations, etc. were brought under the responsibility of the Ministry of Transport. Such requirements are regulated under the “Regulation on Professional Competency for Road Transportation Operations” entered into force in 2004.

6. In this regard, our Ministry prioritised the issue and to have it serve the objectives and aims as well as with a view to ensure every profession has basic and sufficient knowledge on transport, launched professional competency training courses that were only implemented in some of the EU member states at that time, under the Regulation on Professional Competency Training for Road Transportation Operations.

7. The reason behind the enactment of this legislation: The reason behind the enactment of this legislation: Defines professional competency training and examination, the qualifications of training organisations that can be accredited for such training and relevant certifications, professional competency certificates to be granted to those who complete such training or to those that are exempt from such requirement as well as relevant terms and conditions concerning professional competency as required for the performance of road transportation operations in Turkey.

8. The types of Professional Competency Certificates to be granted to drivers and managers who are engaged in road transportation and are subject to the requirement for obtaining Professional Competency Certificate are as follows:

9. Types of professional competency certificates are defined in three main categories; -Senior manager (ÜDY), -Middle level manager (ODY), -Driver (SRC) Senior manager (ÜDY): Chairman of Board of Directors, member of board of directors, general manager, general coordinator, secretary general or other persons employed at other positions who represent a real or legal person and/or administer all of these continuously and effectively as per the regulation on Road Transport, Middle level manager (ODY): Director/Administrator, chief, expert, operational manager, operator or persons employed at other positions who represent and administer continuously and effectively the transport – related activities of a real or legal person or an independent unit within its framework as per the regulation on Road Transport, Driver (SRC): Person who administers a motor vehicle on road

10. Types of Professional Competency Certificates a) ÜDY (Senior Manager) type Professional Competency Certificate 1) ÜDY1 international passenger transportation 2) ÜDY2 domestic passenger transportation 3) ÜDY3 international freight-cargo transportation 4) ÜDY4 domestic freight –cargo transportation b) ODY (Middle level manager) type Professional Competency Certificate 1) ODY1 international passenger transportation 2) ODY2 domestic passenger transportation 3) ODY3 international freight-cargo transportation 4) ODY4 international freight-cargo transportation

11. Types of Professional Competency Certificates (Continued) are issued as follows: c) SRC type Professional Competency Certificate international passenger transportation 1) SRC1 international passenger transportation domestic passenger transportation 2) SRC2 domestic passenger transportation international freight-cargo transportation 3) SRC3 international freight-cargo transportation freight-cargo transportation 4) SRC4 domestic freight-cargo transportation 5) SRC5 dangerous goods transportation

12. GRADES FOR PROFESSIONAL COMPETENCY CERTIFICATES Correlations between Professional Competency Certificates as per their grades are as follows; Persons holding ÜDY1 type certificates are considered as holding ÜDY2,ODY1 and ODY2 type certificates, Persons holding ÜDY2 type certificates are considered as holding ODY2 type certificates, Persons holding ÜDY3 type certificates are considered as holding ÜDY4, ODY3 and ODY4 type certificates Persons holding ÜDY4 type certificates are considered as holding ODY4 type certificates, Persons holding ODY1 type certificates are considered as holding, ODY2 type certificates, Persons holding ODY3 type certificates are considered as holding ODY4 type certificates, Persons holding SRC1 type certificates are considered as holding SRC2 type certificates Persons holding SRC3 type certificates are considered as holding SRC4 type certificates

13. Bearing in mind the current conjuncture of the sector, the legislation allows certain exemptions.

14. Exemption from Profesional Competency Training Requirement Provided that they pass the relevant examination Graduates from transportation, logistics, transport economy, road traffic departments at universities/vocational high schools with 4 year graduate degree education and those persons that hold graduate degrees in other fields but obtained master, post-graduate or doctorate degrees in the above fields, Graduates from transportation, logistics, transport economy, road traffic departments at universities/vocational high schools with 4 year graduate degree education and those persons that hold graduate degrees in other fields but obtained master, post-graduate or doctorate degrees in the above fields, Persons who were employed at the Directorate for Land Transportation or at Regional Directorates of the Ministry of Transport as head of department, deputy regional directors as well as those who were employed at the headquarters or regional branches of the National Directorate for Security as head of department or security director at traffic-related departments for at least 3 years, Persons who were employed at the Directorate for Land Transportation or at Regional Directorates of the Ministry of Transport as head of department, deputy regional directors as well as those who were employed at the headquarters or regional branches of the National Directorate for Security as head of department or security director at traffic-related departments for at least 3 years, Persons who can prove by documents that they have been engaged in the profession for at least 5 years with ODY type Professional Competency Certificates, Persons who can prove by documents that they have been engaged in the profession for at least 5 years with ODY type Professional Competency Certificates, UDY type Professional Competency Certificates are granted to persons who are exempt from professional competency training and pass the related examination,

15. Exemption from Professional Competency Training Requirement Vocational High School graduates, provided that they pass the professional competency exams, are exempt from the requirement to attend professional competency training and they are granted ODY type Professional Competency Certificate in accordance with the exam they pass. Vocational High School graduates, provided that they pass the professional competency exams, are exempt from the requirement to attend professional competency training and they are granted ODY type Professional Competency Certificate in accordance with the exam they pass.

16. Exemption from Professional Competency Training and Examination Requirement Relevant ODY certificate is granted to graduates from transportation, logistics, transport economy, road traffic departments at universities/vocational high schools with 4 year graduate degree education and those persons t hold graduate degrees in other fields but obtained master, post-graduate or doctorate degrees in the above fields, Relevant ODY certificate is granted to graduates from transportation, logistics, transport economy, road traffic departments at universities/vocational high schools with 4 year graduate degree education and those persons t hold graduate degrees in other fields but obtained master, post-graduate or doctorate degrees in the above fields, Persons who were employed at the Directorrate for Land Transportation or at Regional Directorates of the Minnistry of Transport as head of department, regional director or a higher position for at least 3 years and chief inspectors and legal advisors of the Ministry of Transport are granted ÜDY certificate they request, Persons who were employed at the Directorrate for Land Transportation or at Regional Directorates of the Minnistry of Transport as head of department, regional director or a higher position for at least 3 years and chief inspectors and legal advisors of the Ministry of Transport are granted ÜDY certificate they request, Persons who were employed at the Directorate for Land Transportation or at Regional Directorates of the Ministry of Transport as head of department, deputy regional directors as well as those who were employed at the headquarters or regional branches of the Directorate of Security as head of department or security director at traffic-related departments for at least 3 years are granted ODY certificates they request, Persons who were employed at the Directorate for Land Transportation or at Regional Directorates of the Ministry of Transport as head of department, deputy regional directors as well as those who were employed at the headquarters or regional branches of the Directorate of Security as head of department or security director at traffic-related departments for at least 3 years are granted ODY certificates they request, SRC type certificates are granted to graduates of departments offering driver education at Higher Education Organisation. SRC type certificates are granted to graduates of departments offering driver education at Higher Education Organisation.

17. Under the Regulation on Professional Competency Training for Road Transport Operations, professional competency qualification is required for all actors in the sector, while taking into account of the current conjuncture of the sector, the acquired rights of those experienced in the sector being respected and allowing a process of transition, they are granted once and for all exemption from training and examination requirement and the right to obtain Profesional Competency Certificate directly. Under the Regulation on Professional Competency Training for Road Transport Operations, professional competency qualification is required for all actors in the sector, while taking into account of the current conjuncture of the sector, the acquired rights of those experienced in the sector being respected and allowing a process of transition, they are granted once and for all exemption from training and examination requirement and the right to obtain Profesional Competency Certificate directly.

18. As of 25/2/2006, UDY type professional competency certificate is granted to high level managers who have been for at least five years employed at organisations operating according to the regulation on Road Transport, provided that they prove their status, As of 25/2/2006, ODY or SRC type professional competency certificates are granted to persons with at least three years of professional experience, provided that they prove their status.

19. In order to ensure the requests of citizens that wish to benefit from this right and to enforce the legislation in a timely manner, our Ministry found it necessary to receive outsourced support, the issue was evaluated legally with regard to such need and it was considered appropriate to receive such supoort from public organisations and/or universities.

20. With a view to work in a coordinated manner and with regard to the expertise, we contacted Gazi University which is the only university in Turkey with graduate degree programme on “Transport and Traffic Engineering” and a protocol was signed on 23.12.2005 following negotiations. The protocol was improved taking into account the needs demonstrated during the implementation of the legislation and it was amended on 01.07.2010.

21. The “Gazi University – Ministry of Transport Road Transport Practice and Research Center” established at Gazi University for the purpose of reviewing the applications of persons that want to be exempted from the training and examination requirement and to obtain Profesional Competency Certificates directly; other work including the issuance, publication, distribution and delivery of certificates, renewal of lost certificates.

22. So far, applications from a total of -1.777.930 drivers, -1.777.930 drivers, - 38.909 managers - 38.909 managers engaged in the sector, were evaluated. out of which, -1.446.201 drivers, -1.446.201 drivers, -17.524 managers -17.524 managers were delivered Professional Competency Certificates as exempt from the training and examnation requirement, depending on their acquired rights. were delivered Professional Competency Certificates as exempt from the training and examnation requirement, depending on their acquired rights. Review of applications and issuing of certificates are ongoing.

23. AS PER THE EXEMPTION, OUT OF 1.816.839 PERSONS GAZI UNIVERSITY ROAD TRANSPORT PRACTICE AND RESEARCH CENTER 1.463.725 PERSONS RECEIVED. February 2011

24. Conditions concerning training organisations to be authorised to offer Professional Competency Training were also regulated under the same regulation and organisations that can offer such training were allowed to open training centers on the basis of their authorizations. As of today, 197 training centers are accredited and about 115.499 people received training in such centers. As of today, 197 training centers are accredited and about 115.499 people received training in such centers.

25. PROFESSIONAL COMPETENCY REQUIREMENT NUMBER OF TRAINING CENTERS ACCREDITED BY MINISTRY OF TRANSPORT – 197 14EXAMS WERE CONDUCTED 15FOR MANAGERS AND DRIVERS 16ATTENDING TRAINING COURSES 89.414 PERSONS ADMITTED TO EXAMS. 62.830 PERSONS SUCCEEDED SUCCESS RATIO = % 70,26

26. The training curriculum to be followed during professional competency trainings was prepared also taking into account of the EU acqui. In general terms, the purpose of the professional competency training is to ensure necessary level of knowledge and skills for the performance of the profession. In this regard, a curriculum with minimum information that is expected from drivers and managers engaged in road transportation in line with the EU acqui and a requirement was introduced for all drivers and managers in the sector to have such knowledge. The courses foreseen to be included in the curriculum to ensure professional competency training achieves its objectives will transform certain improperly adopted behaviours and attitudes concerning traffic culture and safety into modern behaviours and attitudes and they are sought to be organised with regard to training criteria and the current qualifications of participants.

27. Studies with respect to the Regulation as well as the requests received from training centers that seek authorisation demonstrated the need for new regulations concerning training courses and examinations. - It is extremely difficult to find trainers in the field of professional competency which is a new practice in Turkey. For this, with a view to make training courses widespread around Turkey, coupled with the demands from the sector for training of the trainers and the practices in Europe, the training of trainers is considered as a priority. Especially bearing in mind the need for certification of trainers to be employed at training centers according to their specialisations, hence ensuring a uniformity among the trainers, studies within the framework of Gazi University’s Road Transport Practice and Research Center have been underway.

28. Questions have been obtained from the training centers in order to set up test banks for the exams to be conducted by our ministry. Attention is paid to ensure such test banks contain questions that enable sound assessment of the level of knowledge of participants both in terms of the curriculum as well as the technique of testing. Before every examination, questions are requested from each training center. The availability, accuracy, etc. of such questions are evaluated and other studies in which Gazi University is also involved and which concerns the test bank project are still underway.

29. So far,a total of 14 Professional Competency Certificate Exams have been conducted for sector professionals who obtained Professional Competency training Graduate (Completion) Certificate upon completing training courses organised by Training Organisations accredited by our Ministry. In total 89.414 persons applied for the exams. Around 15.000 participants are expected to attend the exam planned for 19 March 2011.

30. PLEASE KINDLY BE INFORMED M. Celal TÜMER