Explanatory Memorandum to COM(2003)621 - Driving licences (Recasting)

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This page contains a limited version of this dossier in the EU Monitor.

dossier COM(2003)621 - Driving licences (Recasting).
source COM(2003)621 EN
date 21-10-2003
Introduction

Contents

1.

Background


Directive 91/439/EEC on driving licences i is governed by two main principles: enhancing the free movement of Community citizens and contributing to an improvement in road safety. These principles continue to be the main guidelines for the future legislation on driver licensing.

From a quantitative viewpoint, European legislation on driving licences has a direct impact on a very large number of Community citizens. An estimated 60% of the overall population within the Union holds a valid driving licence (around 200 million citizens). A great number of these citizens make cross-border journeys within the EU for private or professional purposes, and every year many citizens change country of residence. The direct impact of Community driver licensing legislation on citizens therefore cannot be underestimated.

In the recent past, a number of measures have been taken in order to harmonise existing national licensing systems. However, the legislation on driver licensing has developed in stages and thus the degree of harmonisation of various aspects has been rather limited. Until the adoption of Council Directive 80/1263/EEC, the main act of international law was the Vienna Convention on Road Traffic (1968) i. This Convention dealt with international cross-border traffic. Whenever Community citizens took up residence in another Member State, bilateral agreements applied. In many cases, citizens had to exchange their licences and pass another theory, practical and medical examination in order to obtain a driving licence issued by the new Member State of normal residence. The European Court of Justice, however, deemed this practice to be an obstacle to the free movement of persons and urged the institutions to adopt the necessary legislation in that field i. The 'First Council Directive 80/1263/EEC on the introduction of a Community driving licence' i thus introduced the principle that licences issued by other Member States had to be recognised without imposing new checks. The licence holder, however, still had to exchange the licence within one year of taking up residence in a new Member State.
[1978] ECR 2293.

By requiring that licences had to be exchanged, an administrative obstacle to the free movement of persons remained within the legal framework established by Directive 80/1263/EEC. Citizens were frequently unaware of this legal obligation, which was not surprising given that no indication of the obligation was recorded on the driving licence. Directive 91/439/EEC abolished this administrative procedure and the mandatory principle of mutual recognition was introduced. However, the application and implementation of this principle has been impeded by the fact that validity periods of licences and the periodicity of the medical examination were not harmonised. As the legal systems of driver licensing continue to differ considerably on those points in the 18 Member States of the EEA, the legal uncertainty for citizens who take up residence in another Member State has increased instead of diminishing. This is described in detail in the 'Interpretative Communication on Community driver licensing' adopted by the Commission in March 2002 i.

It is essential that this legal uncertainty for citizens, which hinders their free movement, is taken away. This aspect of driver licensing falls within the framework of the much wider objectives set by the European Council in the 'Lisbon agenda', namely achieving 100% functioning of the internal market. Taking away the last obstacle to free movement in this area can be seen as the end of a process of gradual harmonisation.

2.

Anti-fraud protection


An aspect that has become increasingly important, most certainly after 11 September 2001, is the aspect of anti-fraud protection. This aspect has been raised at EU level as well as by the governmental experts responsible for driver licensing, and has been identified as a matter of major concern.

It has to be stressed that under the present situation hardly any proper enforcement of driving licences is possible. Because of the lack of harmonisation of validity periods, more than 80 different models and corresponding different entitlements are valid and in circulation in the Member States. Yet a driving licence not only gives access to all kind of vehicles, possibly with considerable weights and dimensions; in many EU countries it can also be used as an identification document to open a bank account or to book flights

Therefore, for the reasons of anti-fraud protection and free movement of citizens, it is proposed that:

* the paper driving licence model can no longer be issued with a view to further restricting the number of licence models in circulation today. The only Community driving licence model to be issued will be a plastic 'credit' card type, which allows for higher protection against fraud;

* further improvement in the protection against fraud be made by creating the possibility of introducing a microchip. This will allow Member States choosing to introduce a microchip on the driving licence to repeat the information printed on the card in the microchip. This limited function thus makes it possible to increase anti-fraud protection (e.g. to secure it by using for example a PKI (Public Key Infrastructure) and/or a digital signature and at the same time to ensure protection of the data and information relating to citizens. The function of the microchip is explicitly limited to the function of a driving licence. The possibility of the licence being withdrawn after a serious offence is thus safeguarded;

* the concept be introduced of limited administrative validity of driving licences. This implies:

* the introduction of regular administrative renewal of driving licences, which will allow the anti-fraud protection of all licences to be continuously updated;

* the possibility of updating the photograph on the licence at the same time, which is another anti-fraud element that eases the administration and enforcement of driving licences.

Limited administrative validity does not call into question the right to drive a given category of vehicle, it merely obliges the document showing this right to be renewed. Citizens will keep their acquired rights, but the regular renewal of the document will help to reduce the extensive possibilities for fraud there are today.

It is this last measure that will allow at the same time the last remaining obstacles to the free movement of citizens to be completely abolished. As all newly issued driving licences will have the same administrative validity, which is shown on the driving licence, no further national rules need to be applied or calculated, as is the case today. The right to drive is clearly established by the document itself and thus easy to recognise by the holder, the administrative authorities and the enforcement authorities.

As regards driving licences that are already in circulation, the present proposal, with the newly introduced administrative validity, abolishes the right of Member States to apply their own validity period to holders of licences issued by other Member States who establish their normal residence on their territory. Their licences will remain valid as stipulated on the driving licence. Before expiry, the holder will have to renew the driving licence in the Member State of normal residence. These provisions will finally provide the necessary legal security for the holder of a driving licence.

There is no proposal to exchange all existing old driving licence models, either for lack of sufficient anti-fraud protection, or because of differing validity periods. Such a provision would mean that millions of driving licences would have to be exchanged, an operation of such magnitude that it would be difficult to manage even when spread over a period of 5 or 10 years. It is therefore proposed that the limited administrative validity should only apply to driving licences issued from the date of application of this Directive. This will lead to a gradual phasing-out of old models.

Of course, not renewing all existing licences will mean that for a lengthy period certain old licence models that are in circulation will have less anti-fraud protection. However, Directive 91/439/EEC already obliged Member States to ensure that all possible anti-fraud measures are taken, and this article has been redrafted to include the monitoring of fraud of older driving licence models, leading eventually to the phasing-out of older models. This makes it possible to make a distinction between older models that have adequate anti-fraud protection and those that have no protection whatsoever. With the proposal in hand, the Commission will have the means to follow up this matter closely and initiate the necessary procedures if such licence models are not phased out by the Member States themselves. However, the responsibility will lie with the member States as, in line with the subsidiarity principle, they are best placed to determine the pace of the replacement process.

All the above measures - the introduction of limited administrative validity for new licences leading to a gradual reduction of the number of licence models, the deletion of the paper Community model driving licence and the possibility of inserting a microchip - will help to increase the level of anti-fraud protection and the possibilities of enforcement. These measures will therefore also contribute indirectly to road transport security, an important factor for the protection of the citizens of the European Union, given the access available to certain types of vehicles.

3.

Road safety


Another important part of this proposal deals with aspects that will help to enhance road safety.

With regard to the harmonisation of subcategories i, Article 11 of Directive 91/439/EEC requires the Commission to table a proposal within five years of entry into force of the Directive (i.e. before 1 July 2001). Today, subcategories are optional. The harmonisation of subcategories should help to reinforce the principle of progressive access by varying the minimum age requirements between 16 and 24 years, depending upon the vehicle characteristics and/or responsibilities of drivers of specific vehicles. As such, the optional subcategories should be redefined as mandatory categories. A number of vehicle definitions have also been amended in this respect. These changes have to be considered in view of the requirements for road safety.
C1+E, D1, D1+E. They are a subdivision of the main categories A - motorcycles, B - cars, C - trucks and D - buses.

This proposal will also bring Directive 91/439/EEC on driving licences into line with the recent Directive 2003/59/EC on the initial qualification and periodic training of professional drivers i. In this manner, the principle of progressive access will also be put in place for truck and bus drivers who do not fall within the scope of Directive 2003/59/EC.

It is also important to mention at this point the introduction of a driving licence category for mopeds. Being a popular means of transport, especially for the young, but at the same time one of the most vulnerable categories of vehicle, mopeds should no longer be left outside the scope of this legislation.

While driver licensing has been harmonised to a great extent and mutual recognition is established as a general principle, the person who plays a vital role in the process, the driving examiner, has, so far, been left outside the scope of any harmonisation. Significant differences currently exist with regard to the quality of their training, whereas the function of a driving examiner is identical in all Member States. Therefore, a new Annex IV should be introduced, laying down minimum requirements for the initial qualification and permanent education of driving examiners. This should eventually result in raising the level of harmonisation of driving tests throughout the EU and the EEA.

At the time of administrative renewal, Member States can impose medical checks or other road safety measures, if they wish to do so. There will be no Community-wide obligation for medical checks for licence holders for cars or motorcycles for the moment. For holders of driving licences for trucks and buses, the periodicity of the already obligatory medical checks will be harmonised and coincide with this administrative renewal.

Last but not least, the present proposal addresses the issue of coherent, pan-European application of withdrawal of driving licences. This will be done by underpinning the principle of the uniqueness of driving licences (one holder - one licence). Today, too many citizens establish themselves in a different Member State in order to apply for a new driving licence when their Member State of normal residence has withdrawn their driving licence because of a serious traffic offence. This situation is highly unsatisfactory for road safety and amounts de facto to an infringement of Directive 91/439/EEC i. The present proposal explicitly states that Member States may not issue a new driving licence to a person whose driving licence has been withdrawn and who thus indirectly is still the holder of another driving licence. This proposal should therefore overcome so-called 'driving licence tourism' and should complement the Convention on the mutual recognition of withdrawal of driving licences i,which deals with the same matter for persons in international traffic, a matter dealt with by the Geneva i and Vienna Conventions i.

4.

Recasting


This proposal is a recasting of Directive 91/439/EEC, in line with the Interinstitutional Agreement on the recasting technique for legal acts i. This means that it incorporates in a single text both the substantive amendments it makes to Directive 91/439/EEC and the unchanged provisions thereof. This proposal will replace and repeal Directive 91/439/EEC. This should help to make Community legislation more accessible and transparent.

5.

Conclusion


In conclusion, the three main objectives of this proposal are as follows:

* reducing the possibilities of fraud: elimination of the possibility of issuing a paper model driving licence in favour of the plastic card driving licence model only; possibility of introducing a microchip on the driving licence; introduction of limited administrative validity for all new licences issued from the date of application of the proposal;

* guaranteeing the free movement of citizens by the same means of introducing limited administrative validity and by harmonising the periodicity of medical checks for professional drivers;

* contributing to improved road safety: introduction of a driving licence for mopeds; extension of the principle of progressive access to driving licences for the most powerful types of vehicles; introduction of minimum requirements for the initial qualification and periodic training of driving examiners; underpinning of the principle of the uniqueness of driving licence (one holder, one licence).


6.

I. Reducing the possibilities of fraud


I.1. Description of the present situation

A driving licence entitles the holder to drive a certain category of vehicle. This right is deemed very important both by society and by the national and Community legislator. For many people, the acquisition of a driving licence equals access to greater freedom of movement. The legislator has imposed strict rules for the issue and renewal of licences, which are entrusted to competent authorities and are based on the principle of normal residence. This makes for strict control of the entire process. Directive 91/439/EEC goes so far as to explicitly forbid any person from holding more than one driving licence.

However, once a driving licence has been issued, not all Member States implement a strict follow-up in the form of a regular renewal of the document. This lack of harmonisation on validity periods of driving licences is the main reason for a very large number of different licence models (more than 80) currently valid and in circulation in the Member States of the European Economic Area, many of which are not in accordance with the harmonised Community models. Many are several decades old and very easy to falsify. As a result, enforcement in the field of driving licences is almost non-existent in some Member States. Given the rights conferred by a driving licence, this situation should be rapidly and drastically improved.

In order to clarify the present situation, and in accordance with the obligation laid down in Article 10 of Directive 91/439/EEC, the Commission adopted a Decision on equivalences between certain categories of driving licences i. This Decision is an overview of all valid licence models and lays down the corresponding entitlements in terms of Article 3 of Directive 91/439/EEC i. The tables of equivalences contained within the above Decision are of considerable complexity and do not clarify the matter beyond a mere description of all existing licences. Harmonisation of validity periods would help gradually to reduce the number of licence models.
B+E, C1 and C1+E as defined in Article 3 of Directive 91/439/EEC.

At present, the validity periods for car and motorcycle licences in four Member States are not limited in time. i In many other Member States, some categories of licences are valid for several decades. By introducing a harmonised and regular mandatory exchange of licences, all new documents could be updated to introduce state-of-the-art security features to reduce the risk of forgery and fraud.

Regular renewal of the document would also guarantee that the photo on the driving licence is a recent likeness of the holder. This problem is most pronounced in those Member States where unlimited validity periods apply.

As a side effect, these measures will contribute to the security of transport. A reduced number of licence models, with higher anti-fraud protection, which are regularly renewed and thus more easily traceable, will enhance the possibilities of effective enforcement and proper administration.

7.

I.2. Proposals


Proposal 1: deletion of Annex I, the paper model driving licence

To limit the number of different licence models that are in circulation, and to bring the protection against fraud to a higher level, the paper Community driving licence model should be abolished.

8.

Proposal 2: optional introduction of a microchip


To increase the protection against fraud still further, Member States should be allowed to insert a microchip in the plastic card Community driving licence model. Repetition of the information printed on the card in the microchip makes it possible to increase the anti-fraud protection and at the same time to ensure protection of the data and information relating to citizens. The function of the microchip is limited to the function of a driving licence The possibility of the licence being withdrawn after a serious offence is thus safeguarded.

The technical specifications remain to be established by the Commission through the Committee procedure in order to safeguard future interoperability. This will enhance the anti-fraud level of the document and will thus further increase the possibilities of enforcement. As a secondary effect, the security of transport operations and circulation with vehicles in general will be improved.

9.

Proposal 3: administrative renewal (new Article 7, paragraph 2)


Licences of categories AM, A1, A2, A, B, B1 and B+E, which are issued by Member States after the entry into force of this Directive, will have a maximum administrative validity of 10 years. Licences of holders who are more than 65 years of age will have a maximum administrative validity of 5 years.

Licences of categories C, C+E, C1, C1+E, D, D+E, D1, D1+E issued by Member States after the entry into force of this Directive will have a maximum administrative validity of 5 years. Licences of holders who are more than 65 years of age will have a maximum administrative validity of 1 year. This is already current practice in most Member States.

The above administrative validity will apply to licences (of all categories) issued by Member States before the entry into force of the amendment to Directive 91/439/EEC only where the validity indicated on the licence runs out or when a licence has to be replaced in case of loss or theft.

10.

Expected results


Harmonised, mandatory and regular administrative renewal of driving licences will help to achieve the following goals:

* fraud prevention: all documents in circulation would be updated regularly, using the most up-to-date security features to reduce forgery and fraud; the photo on the document will be a recent likeness of the holder;

* gradual reduction of the number of licence models in circulation: this will help to clarify the complex situation at present and making for better possibilities of enforcement;

* enhancement of free movement of licence holders: validity of licences will be harmonised, no further restrictions deriving from the application of national validity periods or from the imposition of regular medical checks.

The rule will not affect acquired rights and therefore only apply to newly issued licences. Only where a licence issued before entry into force of the present Directive has to be renewed or in case of loss or theft should the newly introduced administrative validity apply. The single plastic card driving licence model laid down by the existing Directive will then have to be issued in accordance with Article 1 i and Annex I.

Because of the importance of the rights conferred by a category C or D (or their relevant sub and trailer categories) driving licence, the validity period of such a licence issued from the age of 65 should be limited to 1 year.

11.

II. Guaranteeing the free movement of citizens


II.1. Description of the present situation

Article 1 i of Directive 91/439/EEC lays down that all licences issued by a Member State have to be mutually recognised. This principle applies without any additional obligation. i
[...] provides for mutual recognition, without any formality, of driving licences issued by Member States". An example of a formality would be the mandatory registration of licences on the occasion of taking up residence in another Member State.

At present, the principle of mutual recognition of licences issued in a Member State is obstructed by the regular application of national provisions on the validity of licences and the periodicity of medical examinations. Such a practice is in accordance with Article 1 i, which is an exception to the general principle of Article 1 i referred to above.

Through application of Article 1 i, a Community citizen who changes his normal residence from one Member State to another may have to undergo a medical examination or find that his licence expires at a different time from the one noted on the licence, which would have applied in the Member State issuing his licence. At present, almost all Member States have different regimes regarding medical examinations and the period of validity of licences. This means that virtually no citizen who takes up normal residence in another Member State knows when his or her licence will expire because of differing validity periods, or knows when he or she has to undergo a medical check prescribed by that country's legislation.

For effective mutual recognition of all licences issued in Member States to be achieved on a general scale, the measures outlined below on validity periods and medical checks are to be adopted.

12.

Validity periods


Periods of validity of licences are not yet harmonised. In some Member States, certain categories are issued for life; in others, licences have to be renewed at regular intervals or from a certain age.

Article 1 i provides that Member States may apply their national provisions to the period of validity of licences. In practice, the validity regimes differ widely between Member States. As a result, in most cases a different period of validity applies to a licence holder in the event of changing residence. Where, for instance, a German licence holder moves to The Netherlands, he will have a document indicating that the licence is valid for life. The Netherlands will apply its legislation on validity periods and oblige the German licence holder to exchange his licence after a period of 10 years. Or if, for example, a Swedish licence holder goes to live in Spain to enjoy some of his years as a pensioner, then he will be confronted with the Spanish legislation requiring regular medical checks and licence renewals (instead of the purely administrative renewal every 10 years in Sweden). This situation creates legal uncertainty and a lack of transparency. This has been expressed by the complaints received by the Commission from hundreds of citizens, to the effect that the principle of mutual recognition has in practice not been effectively achieved and their free movement not guaranteed.

With respect to licence holders who establish their normal residence in another Member State, the additional practical problem of the calculation of validity periods arises. Since the periods differ throughout the Member States, the holder of a licence may be obliged to exchange his licence in a Member State where a shorter validity period applies, which also undermines the principle of mutual recognition.

The situation described above lacks transparency, both to citizens and to administrative authorities, and creates legal uncertainty. The information contained in the licence can no longer be trusted. This situation can only be clarified by harmonising the validity periods of licences. All new licences issued after the adoption of this Directive will have to be periodically renewed because of the administrative validity period and will be exchanged for a new model with state of the art security features.

13.

Medical examinations


This issue is closely linked to validity periods. In the majority of Member States the imposition of medical examinations coincides with the period of validity of licences. However, the periodicity of medical examinations has not been harmonised by Directive 91/439/EEC. Article 1 i allows Member States to apply the periodicity of the medical checks they impose on their citizens to citizens taking up residence on their territory .

Annex III to Directive 91/439/EEC lays down the minimum standards of physical and mental fitness for driving a power-driven vehicle. All licence holders have to comply with the physical and mental requirements laid down in this Annex both at the time of first issue and after obtaining a licence.

For the purposes of Annex III to Directive 91/439/EEC, the categories of driving licences have been divided into two groups. Group 1 comprises categories A1, A, B1, B and B+E (cars and motorcycles), Group 2 consists of categories C1, C1+E, C, C+E, D1, D1+E, D and D+E (buses and lorries).

As regards Group 1, no medical examination is imposed at the time of first issue of a driving licence. A medical examination is only prescribed in cases of doubt as to the applicant's ability to drive. Nor are medical examinations prescribed after a licence has been obtained. The current rules governing the intervals between medical examinations for these car and motorcycle licence categories are not the same in most Member States. Nonetheless, three main approaches can be identified throughout the Member States:

* no mandatory medical examination at all once the licence holder has obtained the initial driving licence;

* mandatory medical examinations from a certain age onwards; or

* mandatory medical examinations at 5 or 10-year intervals.

For drivers of buses and lorries (Group 2 vehicles) periodic medical examinations are required by Directive 91/439/EEC. The intervals between the examinations, however, are not specified. In practice, all Member States impose regular medical examinations for this group of drivers, mostly in 5-year intervals.

Clarification of national rules governing medical examinations would remove the obstacles described to effective mutual recognition of licences and to free movement of persons. This could be achieved by harmonising the periodicity for Group 2 drivers (trucks and buses) whereas for Group 1 drivers (cars and motorcycles) Member States should be allowed to carry out such examinations if they so wish, but at the time of renewal only. Such a measure will enhance transparency for citizens and authorities, achieve effective free movement of citizens and contribute to enhancing road safety.

14.

II.2. Proposals


The above problems can be solved by the measure proposed in point I.2, the introduction of administrative renewal. This proposal will guarantee genuine free movement of citizens with regard to driving licences.

To provide for the introduction of an administrative validity period, Article 1 i should be deleted. All newly issued driving licences will have identical administrative validity throughout the European Union. All old driving licences that are still valid and in circulation will have to be recognised as such without the possibility of restricting the validity or imposing restrictive measures such as medical checks.

15.

III. Contributing to improved road safety


III.1. The issue of periodic medical examinations

Description of the present situation

Regular medical checks of drivers of buses and lorries are justified because of the increased responsibility of such drivers. In addition, the characteristics of such vehicles (weights, dimensions, load, etc.) and the amount of time spent driving require high expertise and increased physical fitness. The examinations to be undergone by such drivers will therefore be at regular intervals calculated from the date of issue of the licence. The requirements for the drivers of buses and lorries will be more stringent than for drivers of cars and motorcycles.

Harmonisation of the periodicity of medical examinations for holders of Group 2 licences, particularly professional drivers, is also proposed because different medical requirements in the Member States result in distortion of competition.

16.

Proposal


Without prejudice to any provisions that may be adopted by the Council in the future, each Member State may, in accordance with national criteria, lay down the periodicity of medical examinations for categories AM A1, A2, A, B, B1 and B+E, provided that such examinations coincide with administrative renewal of the licence.

An examination as to the fulfilment of minimum health criteria as laid down in Annex III to the Directive on driving licences has to be carried out upon each administrative renewal of licences of categories C, C+E, C1, C1+E, D, D+E, D1 and D1+E.

The medical examinations to be undergone must coincide with the administrative renewal of the licence document. This will enhance transparency for citizens. The expiry date recorded on the licence must clearly indicate that the document has to be renewed; at that time a medical examination may be carried out for Group 1 or should be imposed for Group 2; a medical examination will not be required at a date other than the expiry date recorded on the licence.

Medical examinations will always be carried out in the Member State of normal residence where the renewal is taking place; in application of the principle of subsidiarity, Member States themselves may designate the competent authority.

III.2. Definitions of vehicle categories i

Practical application of Directive 91/439/EEC revealed a need to clarify definitions of several vehicle categories. Furthermore, Article 11 of Directive 91/439/EEC lays down the explicit obligation for the Commission to review subcategories within five years of the entry into force of the Directive (i.e. before 1 July 2001) and to suggest their possible harmonisation or elimination. In view of the requirements of road safety, the concept of progressive access will be extended to certain categories of licences. For the purpose of transparency, all categories will be mentioned below. All subcategories will be made into categories in the proposed amendment and will be introduced in all Member States, except for category B1, which will remain optional for the moment.

17.

III.2.1. Powered two-wheelers


Description of the present situation

Mopeds

At present, mopeds do not fall within the scope of Directive 91/439/EEC. However, accident figures suggest the need for the introduction of a new vehicle category for mopeds. In some Member States very young riders (as young as 14) are allowed to ride mopeds. At the same time European road accident statistics indicate a highly increased risk of accident involvement of very young road users. The introduction of a harmonised category AM and of a mandatory theory driving test can help to provide for better control of this vulnerable group of road users and make them more aware of traffic requirements.

It will also clarify the situation regarding moped riders crossing borders. In addition, the proposal aims to avoid the present problems of citizens who wish to rent a moped when on holiday. The entitlement to ride mopeds will be recognised throughout the Union in the event of a change of residence of the licence holder.

18.

Light motorcycles


Light motorcycles are limited today to 125 cc and 11 kW. Directive 91/439/EEC does not impose a power to weight ratio. This could lead to ever lighter vehicles, thus achieving steadily increasing acceleration and top speed possibilities. The additional introduction of a power/weight criterion will prevent the targeting of very light and powerful vehicles at A1 licence holders.

19.

Motorcycles


At present, Directive 91/439/EEC lays down the following rule on progressive access to heavy motorcycles: in order to be entitled to ride motorcycles exceeding a power/weight ratio of 0.16 kW/kg or a power of 25 kW, a driver is required to have had 2 years of previous experience on a smaller motorcycle not exceeding the above specifications. Thus, within the current category A for motorcycles, a limited and an unlimited category have been created by Directive 91/439/EEC. Each of the two types of motorcycle is indicated by a different pictogram on the driving licence model, but no distinction is made in the designation as both are called category A.

The limited category A is composed of many downtuned motorcycles. In many cases, manufacturers produce motorcycles for category A unlimited within the range of 300 cm³ to 1000 cm³ which they then artificially restrict to fall within category A limited. This so-called 'downtuning' sometimes leads to the production of motorcycles with characteristics which are not consistent with the restricted power. Moreover, these motorcycles can also be tampered with before being ridden.

Furthermore, drivers could easily avoid the requirement of 2 years of practical driving experience simply by waiting two years after acquiring an 'A limited' licence: for example, some applicants pass their examination at the age of 18, do not drive at all and then buy a heavy motorcycle when they reach the age of 20.

Equally, Member States could waive the requirement of previous driving experience by granting direct access to unlimited motorcycles as of the age of 21. Almost all Member States allow for direct access. Therefore, applicants could wait until they reach the age of 21 and in practice many do since the smaller motorcycles are not deemed to be sufficiently attractive.

As a result, many young drivers without practical experience ride the most powerful class of motorcycles and the current provisions do not make it possible to control whether any experience has effectively been acquired on a limited motorcycle. This practice conflicts with road safety, and therefore needs to be ended by introducing newly defined vehicle, minimum age and access criteria.

The new criteria are designed to limit the possibilities for downtuning more powerful motorcycles, thereby ending the practice of staged access without practical test and raising the minimum age for direct access. For the same reasons, the definition of category A limited should be revised to allow novice motorcyclists to gain experience on slightly more powerful motorcycles.

Therefore, the current category A, which is split at present into a limited and an unlimited part, will be renamed categories 'A2' and 'A' respectively. An additional technical requirement to avoid 'downtuning' of motorcycles will be introduced for category A2. Progressive access to this category will be controlled by means of the introduction of a limited practical test.

The definition for heavy motorcycles remains unchanged; however, the minimum age for direct access to this category will be raised (see below).

20.

Proposal


Mopeds

Mopeds, i.e. two or three-wheel vehicles with a maximum design speed not exceeding 45 km/h and characterised by an engine whose cylinder capacity does not exceed 50 cubic centimetres in the case of the internal combustion type, or whose maximum continuous rated power is no more than 4 kW in the case of an electric motor. Mopeds with a maximum design speed not exceeding 6 km/h as well as with pedal assistance are excluded. In the case of a three-wheel type moped, the maximum net power output of the engine may not exceed 4 kW in the case of other internal combustion engines. This definition is taken from Directive 2002/24/EC relating to the type-approval of two or three-wheel motor vehicles i.

As regards light quadricycles, i.e. motor vehicles with four wheels, different traffic rules apply in a variety of cases. It thus seems inappropriate to include this group of vehicles in the present Directive. The definition is in line with Directive 2002/24/EC.

A theory test will be imposed as a minimum requirement for the entitlement to ride mopeds. Member States may introduce further requirements, such as a practical test or a medical examination. The introduction of additional requirements must not, however, prevent mutual recognition of licences issued in other Member States.

21.

Light motorcycles


The definition of light motorcycles (category A1) should be amended as follows: light motorcycles with a cylinder capacity not exceeding 125 cubic centimetres, of a power not exceeding 11 kW and with a power/weight ratio not exceeding 0.1 kW/kg.

Article 3 i of Directive 91/439/EEC, which lays down that Member States may impose additional restrictive rules, should be deleted.

22.

Motorcycles


The definitions of motorcycles should be amended as follows:

* category A2: motorcycles, with or without a sidecar, of a power not exceeding 35 kW, a power/weight ratio not exceeding 0.2 kW/kg and not derived from a vehicle of more than double its power;

* category A: motorcycles with or without sidecar.

23.

General


A person holding a driving licence for a category of powered two-wheelers has the right to drive any of the lower categories of powered two-wheelers there may be.

If a person has already obtained a driving licence for category A1 or A2, the obligation to pass a theory test when acceding to a higher motorcycle category should be dropped. No realistic distinction can be made for the theory to be tested between categories A1, A2 and A. This will rule out any unnecessary testing. However, the practical test with a vehicle of the relevant category should be maintained because of the different vehicle characteristics of both categories.

III.2.4. Motor vehicles (categories B, B+E and B1)

24.

Description of the present situation


The current definition of category B, according to which vehicle-trailer combinations of less than 3500 kg fall within category B if the maximum authorised mass of the trailer does not exceed the unladen mass of the tractor vehicle, results in practical problems: drivers who change either the tractor vehicle or the trailer may be obliged to pass an additional examination for category B+E. Moreover, some vehicle combinations, the properties and characteristics of which require particular skills to drive bigger trailers, fall within category B and not B+E (in some cases the combinations exceed 10 metres in length). A clear weight limit must be introduced rather than a tractor vehicle/trailer ratio: trailers with a maximum authorised mass exceeding 750 kg may only be driven with a B+E licence. Even drivers of C and D vehicles have to pass an additional examination in order to be entitled to tow trailers of more than 750 kg. These new trailer definitions for categories B and B+E are in line with technical requirements insofar as in practice a braking system is required for trailers with more than 750 kg.

25.

Proposal


The definitions of motor vehicle categories should be amended as follows:

* category B: motor vehicles with a maximum authorised mass not exceeding 3500 kg and not transporting more than 8 passengers in addition to the driver; motor vehicles in this category may be combined with a trailer having a maximum authorised mass not exceeding 750 kg;

* category B+E: combination of vehicles consisting of a tractor vehicle in category B and a trailer, the latter having a maximum of more than 750 kg.

With regard to category B1, motor-powered tricycles and quadricycles, the definition has been brought into line with Directive 2002/24/EC. Category B1 will remain optional.

III.2.5. Lorries and buses (categories C1, C1+E, C, C+E, D1, D1+E, D, D+E)

26.

Description of the present situation


All lorry and bus categories: the current definitions of Directive 91/439/EEC refer to the number of seats. This leads to a situation where, for example, a vehicle such as a bus with mainly standing passengers and only a few seats may be driven by a category B or D1 licence holder, instead of a category D licence holder. This goes for all licence categories. The definition should therefore refer to the number of passengers rather than to the number of seats.

Categories C1 and D1: Subcategories C1 and D1 are currently optional and do not exist in all Member States of the European Union and of the EEA. These subcategories should be introduced as categories in all Member States as they will allow for a better distinction in terms of licensing between the biggest trucks and buses mostly used for commercial transport and the smaller trucks and buses used for different purposes.

The definitions of categories C1 and D1 should be revised in order to take fuller account of the technical characteristics of vehicles which fall within this group. Additional new criteria relating to the capacity and length of such vehicles will be inserted.

A C1 licence holder is allowed to drive vehicles ranging from 3500 to 7500 kg. Within these limits, two different types of vehicles are on the market: vehicles up to around 6000 kg and those above. Vehicles with a mass of less than 6000 kg are not fitted with air brakes or suspension systems and are generally built on an extended chassis for B vehicles. Vehicles exceeding 6000 kg are fitted with air brake/suspension systems and thus are more like smaller lorries and differ structurally from vans below 6000 kg. The existence of two technically very different types of vehicles in the same driving licence category leads to a number of unwanted effects. First of all, the licence holder is trained and tested on the smaller vehicle whereas he is also allowed to drive the bigger vehicle which needs different driving skills. Secondly, vehicles between 6000 and 7500 kg are derived from the 12000 kg category of lorries: they are thus easily overloaded.

Furthermore, there are plans to introduce an equivalence, which will entitle D1 licence holders to drive C1 vehicles and vice versa, provided the age requirements for the two categories are met. The chassis of C1 vehicles of less than 6000 kg is generally of the same design as D1 vehicles; only the upper bodies of the vehicles differ.

Categories D1 and D: The definitions of categories D1 and D should be revised to include new criteria relating to the capacity and length of such vehicles.

As regards categories C, C1, D, D1 and their respective trailer categories, progressive access is a clear requirement of road safety. This derives from the fact that driving such vehicles requires increased experience due to the specific characteristics of vehicles falling within these groups, notably as regards their weights, dimensions, technical characteristics and their handling. Progressive access of this kind will be ensured by continued reference to the Community legislation on the initial qualification and periodic training of professional drivers and should be brought in line with that legislation. i In this way, non-professional drivers will also be subject to the principle of progressive access.

In order to be comprehensive, all definitions are given below, even where they have not been amended.

27.

Proposal


The definitions of the motor vehicle categories should be amended as follows:

* category C: motor vehicles used for the transport of goods, the maximum authorised mass of which exceeds 3500 kg and not transporting more than eight passengers in addition to the driver; motor vehicles in this category may be combined with a trailer having a maximum authorised mass not exceeding 750 kg;

* category C+E: combinations of vehicles where the tractor vehicle is in category C and its trailer has a maximum authorised mass of over 750 kg. (not amended);

* category C1: motor vehicles used for the transport of goods, the maximum authorised mass of which exceeds 3500 kg, but does not exceed 6000 kg, and not transporting more than eight passengers in addition to the driver; motor vehicles in this category may be combined with a trailer having a maximum authorised mass not exceeding 750 kg. The optional subcategory will be made into a full category and be introduced in all Member States;

* category C1+E: combinations of vehicles where the tractor vehicle is in category C1 and its trailer has a maximum authorised mass of over 750 kg, provided that the maximum authorised mass of the combination thus formed does not exceed 12 000 kg, and that the maximum authorised mass of the trailer does not exceed the unladen mass of the tractor vehicle. (not amended);

* category D: motor vehicles for the transport of passengers with a capacity to transport more than 8 passengers in addition to the driver; motor vehicles in this category may be combined with a trailer having a maximum authorised mass not exceeding 750 kg;

* category D+E: combinations of vehicles where the tractor vehicle is in category D and its trailer has a maximum authorised mass of over 750 kg. (not amended);

* category D1: motor vehicles for the transport of passengers with a capacity to transport not more than 16 passengers in addition to the driver and with a maximum length not exceeding seven metres; motor vehicles in this category may be combined with a trailer having a maximum authorised mass not exceeding 750 kg;

* category D1+E: combinations of vehicles where the tractor vehicle is in category D1 and its trailer has a maximum authorised mass of over than 750 kg, provided that:

* firstly, the maximum authorised mass of the combination thus formed does not exceed 12 000 kg and the maximum authorised mass of the trailer does not exceed the unladen mass of the tractor vehicle;

* secondly, the trailer is not used for the transport of persons. (not amended)

28.

III.3. Minimum ages


Description of the present situation

Harmonisation of minimum ages contributes to the free movement of persons and has a direct impact on road safety.

Increasing the minimum age for direct access to heavy motorcycles is an urgent requirement to improve road safety. Accident statistics prove that the accident risk of novice drivers of heavy motorcycles is particularly high for drivers under 24 years of age. The minimum age limit should therefore be raised from the present 21 years to 24 years.

At the same time, the minimum number of years imposed for progressive access should be raised from two to three years, thus extending the experience requirement. Progressive access to such motorcycles should always be subject to a separate practical examination on vehicles in the respective category, so that progressive access without the possession of practical driving skills is no longer possible.

The level of training standards for professional drivers has recently been established by Directive 2003/59/EC of the European Parliament and of the Council on the initial qualification and periodic training of drivers i. Progressive access has been established for these drivers. The remaining, non-professional drivers, as referred to in Article 2 of the said Directive, should similarly be allowed access to these categories of licences, giving access to the higher categories only at a higher age.

29.

Proposals


The age limit for A1 and B1 remains unchanged; for AM it will be 16 years, but Member States may authorise access to AM from the age of 14 having effect on national territory only.

The age limits for categories B and B+E will remain unchanged. The derogation from this minimum age in Article 6 i of Directive 91/439/EEC, however, will be limited to category B: Member States may authorise access to B from the age of 17 having effect on national territory only.

To make for progressive access to categories C1, C, D1, D and their respective trailer categories based on the weights and dimensions of the vehicles driven, licences of categories C1 and C1+E will be issued to applicants from the age of 18 and licences of categories C and C+E from the age of 21. A similar distinction will be made for licences of categories D1 and D1+E which can be issued from the age of 21, whereas licences of categories D and D+E can only be issued from the age of 24. This applies to non-professional licence holders and is without prejudice to the rules laid down for professional drivers in conformity with Community rules on the initial qualification and periodic training as established by Directive 2003/59/EC.

Where the applicant has acquired at least three years driving experience on a motorcycle of category A2 and has passed a specific practical test for category A, he will be entitled to drive vehicles of category A from the age of 21. The practical test will be limited to driving in traffic, without any manoeuvring and technical control requirements being imposed. Attention will focus on driving outside urban areas and on high-speed road infrastructure. Bearing in mind road safety, direct access to category A will be limited to drivers who are at least 24 years of age.

Minimum ages would thus be as follows:

* categories AM, A1 and B1: 16 years; 14 years possible for AM (on national territory only)

* category A2: 18 years

* categories B and B+E: 18 years; 17 years possible for B (on national territory only)

* categories C1 and C1+E: 18 years

* categories C and C+E: 21 years

* categories D1 and D1+E: 21 years

* categories D and D+E: 24 years

* category A: 21 years / 24 years.

30.

III.4. Progressive access to motor vehicles


In order to allow some form of progressive access to be put in place in future amendments to this legislation, category B1 should remain optional.

The present proposal for a new Directive should allow Member States to reduce the administrative renewal of driving licences issued for the first time to a period of three years. In this way, specific measures can be applied to novice drivers to allow them to acquire more experience under set conditions.

31.

III.5. Minimum requirements for driving examiners


Description of the present situation

Although still incomplete, Community harmonisation of driving licence legislation has been achieved to such an extent that the introduction of harmonised minimum standards for the qualifications and experience of driving examiners has to be identified as a priority. The standards as regards the training and education of driving examiners vary widely throughout the different Member States. Since theory and practical tests have been harmonised in detail, harmonisation of the minimum requirements for driving examiners is necessary in order to make test results comparable throughout the EU. Furthermore, appropriate training of examiners is a requirement of road safety. Refresher courses are necessary in order to maintain examiners' proper skills and experience in an ever faster changing technical environment.

In view of the described gradual progress in the harmonisation of driver licensing, minimum standards for the initial qualification of examiners should be introduced, along with regular refresher courses. At the same time, certain basic conditions for entering the profession of driving examiners have to be set.

32.

Proposal (new Annex IV to Directive 91/439/EEC)


Driving examiners must always have a valid licence in the respective category they are examining. Furthermore, they must have obtained an initial qualification and be obliged to participate in periodic training.

Examiners must be trained extensively on fundamental subjects and obtain an initial qualification before being allowed to examine. Progressive access will apply in order to be entitled to test different categories: at first, examiners will test applicants for category B (which account for 90% of all examinations); only after gaining experience on these tests and after obtaining additional qualification for other categories may they test applicants in other categories.

33.

IV. Various


IV.1. Evaluation (Article 15)

Five years after the deadline for transposition of this Directive into national legislation, an evaluation of the newly introduced provisions will be carried out with regard to definitions of categories (and minimum ages) and their effects on road safety. At the same time, an evaluation with regard to the possible introduction of progressive access to category B, including category B1, will also be carried out.

34.

IV.2. Adaptations of the Community model (Annex I)


Categories AM, A1, A2 and A will be indicated on the licence model issued after entry into force of the present proposal (layout of the Community model).

35.

IV.3. Testing vehicles (Annex II)


New testing vehicles for motorcycles will have to be defined, given the changed definitions for motorcycle categories (described in III.2. above).

36.

V. SUBSIDIARITY ASPECTS


The Community already has competence in the area of driving licences by virtue of Council Directive 91/439/EEC, repealing the first Directive on driving licences, Directive 80/1263/EEC. The amendments outlined above remain within the competencies conferred upon the Community by virtue of Article 71(1)(c) of the EC Treaty. Under this provision the European Parliament and the Council must, acting in accordance with the co-decision procedure, lay down measures to improve transport safety.

To a large extent, the proposed amendments aim to improve road safety as an aspect of transport safety. They will improve the overall European standard of driver licensing-related safety aspects by means of harmonised driver licensing legislation. Furthermore, a large number of the proposed measures are designed to enhance the free movement of driving licence holders, who represent a large proportion of European citizens. This ties in with the objectives of the 'Lisbon Agenda'. Moreover, the case law of the Court of Justice of the European Communities underlines the effects that driver licensing may have on the free movement of citizens, one of the core liberties guaranteed by the Union Treaty.

The proposed measures will indirectly enhance the security of transport through the enhanced anti-fraud protection of the Community licence model, the optional introduction of a microchip and the deletion of the paper model Community driving licence.

The objectives of the proposed legislative measures cannot be sufficiently achieved by the Member States alone. National systems of driver licensing vary widely and in particular do not emphasise the aspects of free movement and freedom of establishment. Again, this has been clearly stressed by the Court of Justice of the European Communities.