Summary
Wallonia is responsible for regulating driving training, checking the conditions of access to the profession and issuing relevant certificates. It also verifies the conditions of access to the market and approves driving schools. An approved driving school may provide driving instruction in several business units. In order to do so, it must first apply for and obtain authorisation(s) to operate an additional business unit, or place of business. To obtain authorisation, the driving school must pay a specific fee.
Key points
This procedure is available in French, English and German.
In detail
Obtaining an operating licence for an additional business unit depends on the conditions specified in the application for an operating licence for an additional business unit.
Compilation of the file
The application for an authorisation to operate an additional business unit is sent to the Walloon Public Service’s Directorate for Road Transport Regulation by emailing formation.conduite.automobile@spw.wallonie.be, and attaching the following documents:
- Form AE002 – application for authorisation to operate an additional business unit,
- Attaching the following documents with the application:
- 1. a declaration on honour attesting to the intended use of the premises for the administration of the business unit;
- 2. a scale drawing of the classroom(s) and instruction area (not necessary when the application is only for category B), showing the equipment referred to in Articles 15 and 16 of the Royal Decree of 11 May 2004 and the instruction categories applied for; Note: if the site has already been approved, the applicant should only mention the registration number of the site on the application.
- 3. a certificate from the local authority or the relevant fire brigade unit stating that the classroom(s) and administrative premises meet the legal standards in force;
- 4. an outline of the theoretical and practical courses for the categories requested for this business unit in accordance with Annexes 4, 5, 5/1 and 5/2 of the Royal Decree of 23 March 1998 on driving licences;
- 5. a copy of the certificate of conformity (for a category AM vehicle) and the registration certificate(s) for the other vehicles owned by the driving school or made available to it under a user agreement. Note: proof of purchase of a vehicle may be sufficient if the driving school does not yet have this.
The administration may carry out appropriate checks of the accuracy of the data mentioned in the application.
Validation of the file
When the conditions are met, the SPW will, no later than three months from the submission of the complete application, issue a driving school approval, and authorisation to operate an additional business unit and, unless there is already one, approval for the instruction area.
The fee for issuing a licence to operate an additional business unit is EUR 130 (index-linked amount) and EUR 130 (non-index-linked amount) if there is a substantial change to any of the licence details.
The request for a fee will be sent to the applicant following the submission of an application. The payment must be made to account number BE52 0912 1502 7609, with the AE communication / EU approval number / New or modified. The indexed amounts are available on the website: http://mobilite.wallonie.be/home/je-suis/une-ecole-de-conduite/liens-et-references-legales.html
Applicants will be informed in writing, no later than three months of receipt of their application, whether their application is complete or incomplete. If no notification is sent within this period, the application will be considered complete. If a complete application is not submitted within three months, from the date of receipt of the letter indicating that the application was incomplete, the application for approval will be closed without further action. The SPW may extend the period within which it has to issue its decision by one month. It will inform the applicant accordingly. If approval of a driving school, authorisation to operate an additional business unit, or approval of an area for a complete application is not issued within the prescribed period, this will be deemed a decision of acceptance.
The following documents must be supplied with the application for authorisation to operate an establishment unit:
- A declaration on honour attesting to the intended use of the premises for the administration of the additional business unit;
- A scale drawing of the classroom(s) and instruction area (not necessary when the application is made for category B only), showing the equipment referred to in Articles 15 and 16 of the Royal Decree of 11 May 2004 and the instruction categories applied for. Note: if the site has already been approved, the applicant should only mention the registration number of the site on the application.
- A certificate from the local authority or the relevant fire brigade unit stating that the classroom(s) and administrative premises meet the legal standards in force;
- An outline of the theoretical and practical courses for the categories requested for this business unit in accordance with Annexes 4, 5, 5/1 and 5/2 of the Royal Decree of 23 March 1998 on driving licences;
- A copy of the certificate of conformity (for a category AM vehicle) and the registration certificate(s) for the other vehicles owned by the driving school or made available to it under a user agreement. Note: proof of purchase of a vehicle may be sufficient if the driving school does not yet have this.
Pursuant to the laws on the Council of State of 12 January 1973, ‘an application for annulment (and possibly suspension) of the decision may be lodged with the Council of State within 60 days of the applicant’s notification or knowledge of the contested measure. An appeal is lodged by a dated and signed application sent by registered mail to the registry of the Council of State, rue de la Science 33, 1040 BRUSSELS’. Where appropriate, a complaint may be lodged with the joint mediation service of the French Community and the Walloon Region in accordance with Article 12 of the cooperation agreement concluded on 3 February 2011 between the French Community and the Walloon Region on the creation of a joint mediation service of the French Community and the Walloon Region, which was approved by decree on 31 March 2011.
This complaint may be submitted in writing to the following address:
Médiateur de la Wallonie et de la Fédération Wallonie-Bruxelles
Rue Lucien Namèche, n°54
B-5000 Namur