Training in progress: can you already request a driving license to credits?
In summary: It is possible to apply for the driving license to credits even if the mandatory training course is not yet completedas long as it has shown its start by eligible documentation.
FAQ 29: In submitting the application for the release of the driving license to credits, the required training obligations must already be fulfilled or is it possible to proceed with the request for the license also in cases where this fulfillment is underway or provided in the short term?
Response inl: If at the time of the request the training course has been started even if not yet completed, it is possible self -tear of being in compliance with training obligations. It should be noted that the start of the training course must be documented or proven.
Soa in renewal: does the exemption keep from the license?
In summary: the companies they have started the soa certificate renewal procedurein the ranking equal to or greater than the III, remain exonerated from the obligation credit license until the maximum term provided for the completion of the renewal (180 days).
FAQ 30: If an economic operator, in possession of a SOA qualification certificate, before the expiry of the same, in the terms provided for by current legislation, stipulates the contract for the renewal with a renewal with a certificate, the certificate to be renewed maintains its validity, also for the purposes of participating in the procedures for entrusting public contracts, until the maximum term provided for by the current legislation for the conclusion of the renewal procedure of the certificate (180 days from stipulation of the aforementioned contract). In consideration of the above, it is asked to clarify that, in the “ultra-video” period of a SOA qualification certificate, as indicated above, in the ranking equal to or greater than the III, the exemption from possession of the driving license remains for the company.
Response inl: It is believed that, in the case proposed, if there is a requested renewal of the SOA qualification, the company should not proceed with the presentation of the application for the driving license to credits. Otherwise where the renewal of the SOA qualification, in classic equal to or greater than the III, does not take place, you will have to proceed with the request for the driving license to credits.
Exemption for consortium companies established after the award
In summary: the consortium companies formed following the award from subjects with SOA equal to or greater than the IIII am exonerate from the possession of the driving license to credits, making use of the requirements of the consortium members.
FAQ 31: With reference to FAQ n. 16, want this National Inspectorate of Labor to explicit the exemption from the obligation of the points license, pursuant to art. 27, paragraph 15, of Legislative Decree no. 81/2008, like the ordinary consortia, of the company also consortium, for the unitary, total or partial execution of the works, pursuant to art. 31 of the All. II.12 of Legislative Decree no. 36/2023, downstream of the award provision, where constituted by the competitors gathered or consortium in possession, each of the SOA qualification in the ranking equal to or greater than the III.
Response inl: In line with what has already been answered in FAQ n. 16, consortium companies referred to in art. 31 of Annex II.12 of Legislative Decree no. 36/2023, they are not required to possess the driving license but they make use of the driving license or the certification of the SOA qualification in the ranking equal to or greater than the III in possession of the consortium companies.
Exemptions for technical professionals: intellectual activities
In summary: the technical figures who carry out activities design, analytical or control, mainly intellectualsI am excluded from the obligation of possession of the driving license, returning between non -material performance provided for by the legislation.
FAQ 32: Wonders if the activity of Works manageras well as Operational director of the works, Security coordinator in the execution phase, Energy analysisAnalyses AcousticAnalyses Hygrothermics, Architectural, structural reliefsReliefs topographic, Tracking in the pipelineActivities of Environmental monitoringmonitoring activities geotechnical with installation of plate pretense, inclinatometers etc., laboratory tests, Tested in the course of work which carries out verification and instrumental and manual control activities on site together with the figures of Assistants– if, therefore, all these figures – can be considered as “intellectual services” pursuant to art.27, paragraph 1, of Legislative Decree no. 81/2008 and therefore for this reason they are to be considered ex if exonerated from the possession of the driving license.
Response inl: it is believed that the activities listed in the question are to be considered as “intellectual performance” as “constituting creation of solutions or elaboration of opinionsprevalent in the context of the service provided with respect to material activities and the organization of means and resources “(Council of State, V Section, 28 July 2020 n. 4806).
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