Considerations on COM(2023)128 - Union-wide effect of certain driving disqualifications - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2023)128 - Union-wide effect of certain driving disqualifications. |
|---|---|
| document | COM(2023)128  |
| date | March 1, 2023 |
(2) In order to achieve the goal of improving road safety, the Transport Ministers of the Member States, in the 2017 Valetta Declaration on Road Safety of 29 March 2017, called for the strengthening of the Union’s road safety legal framework, with a particular focus on the need for Member States to cooperate in the matter of driving disqualifications of non-resident drivers.
(3) As a result of the free movement of persons and increasing international road traffic, driving disqualifications are frequently imposed by Member States other than the one where the driver normally resides, and which issued the driving licence.
(4) So far, a Member State other than the one where the driver normally resides can take measures, in accordance with its national legislation, and as a result of unlawful conduct in its territory by the holder of a driving licence obtained in another Member State, which result in refusing to recognise the validity of driving licences issued by other Member States and, therefore, in a restriction of the right to drive of the person concerned. However, the scope of those measures is limited to the territory of the Member State where the unlawful conduct took place and their effect limited to the refusal to recognise the validity of that licence within that territory. Accordingly, in the absence of any action by the Member State that issued the driving licence, that driving licence continues to be recognised in all other Member States. Such a scenario however prevents achieving a higher level of road safety in the Union. Drivers disqualified from driving in a Member State other than the one which issued the driving licence should not escape the effects of such measure when present in a Member State other than that of the offence.
(5) In order to ensure a high level of protection for all road users in the Union, it is necessary to lay down specific rules for the Union-wide application of driving disqualifications imposed by a Member State other than the one that issued the driving licence of the offender, which result from major road-safety related traffic offences.
(6) However, the implementation of this Directive should not require the harmonisation of national rules concerning the definition of road traffic offences, their legal nature and the applicable sanctions for such offences. In particular, the Union-wide effect of driving disqualifications should be pursued regardless of the qualification of the national measures in the Member State of offence as administrative or criminal.
(7) This Directive should be without prejudice to the rules on police and judicial cooperation in criminal matters, and on mutual recognition of related judicial decisions. Also, it should not affect the possibility of the judicial authorities of the Member States to execute decisions they have issued, in particular decisions of criminal nature.
(8) The precise aim of this Directive is to enable the Union to pursue the goal of improving road safety across the Union. As the Court of Justice has held, measures seeking to improve road safety form part of transport policy and may be adopted on the basis of Article 91(1), point (c), of the Treaty 57 , in so far as they are ‘measures to improve transport safety’ within the meaning of that provision 58 .
(9) Driving disqualifications resulting from major road-safety-related traffic offences can consist in the withdrawal, restriction or suspension of the driving licence or the right to drive of the offender. Where the offence was committed in the Member State that issued the driving licence, it can also consist in their cancellation. Therefore it should be through the application of all these measures by the Member State which issued the driving licence, that the Union-wide effects of driving disqualifications should be achieved.
(10) As drink-driving (namely driving with a blood alcohol level that surpasses the maximum value allowed by the law), speeding (that is to say exceeding the speed limits in force for the road or type of vehicle concerned) and driving under the influence of drugs constitute the leading causes of road traffic crashes and fatalities within the Union, the highest possible diligence should be provided for cases relating to those offences, which should thus be considered as ‘major road-safety-related traffic offences’ for the purposes of this Directive. Furthermore, given their seriousness, road traffic offences which result in the death or serious bodily injury of the victim, should also be considered as major offences.
(11) Driving disqualifications imposed by a Member State with respect to a person who is not a normal resident within the meaning of Article 17 of [NEW DIRECTIVE ON DRIVING LICENCES], and who holds a driving licence issued by another Member State, should have effects across the entire territory of the Union, in similar terms as driving disqualifications imposed with respect to persons who hold driving licences issued by that Member State already have. Also in view of the principle of procedural autonomy, Member States should be free to decide how to best achieve that result in accordance with their national law. Account should be taken, however, of the fact that where a Member State imposes a driving disqualification on a person having normal residence in that Member State, but holding a driving licence issued by another Member State, the former is entitled to exchange the licence for the purpose of applying that driving disqualification in accordance with Article 11(2) of [NEW DIRECTIVE ON DRIVING LICENCES].
(12) The Member State which imposed the driving disqualification (“Member State of the offence”) should notify the Member State that issued the driving licence of the person concerned (“Member State of issuance”) of any driving disqualification imposed for a duration of one month or more on such person, in order to trigger the procedures necessary to ensure the Union-wide effect of the driving disqualification. Such notification should be transmitted by means of a standard certificate, in order to ensure a seamless, reliable and effective exchange of information between the Member States.
(13) The standard certificate should contain a minimum set of data allowing for the proper implementation of this Directive, namely the authority of the Member State of the offence imposing the driving disqualification, the major road-safety-related traffic offence committed, the resulting driving disqualification, the person concerned, and the procedures followed for the imposition of the disqualification. Such certificate should also be translated into an official language of the Member State of issuance or to any other language that the Member State of issuance has accepted, in order to ensure quick processing by the addressee. Through providing only for this information the standard certificate can guarantee effectiveness without obliging Member States to share not proportionate or excessive amounts of information.
(14) The imposition of driving disqualifications as a consequence of unlawful conducts contributes to guaranteeing a high level of road safety within the Union. Based on the principle of mutual recognition of driving licences issued in the Member States, measures concerning the withdrawal, cancellation, suspension or restriction of a driving licence issued by the Member State of issuance are automatically recognized by all other Member States. Accordingly, the Member Sate of issuance should be required to ensure that driving disqualifications adopted by other Member States are recognised by all Member States. Therefore, upon notification of the imposed driving disqualification, and unless a ground for exemption applies or is invoked, the Member State of issuance should take the appropriate measures to extend the effect of the driving disqualification to the Union.
(15) The measure taken by the Member State of the issuance should vary depending on the specific nature of the driving disqualification. Given that a withdrawal, suspension or restriction of a driving licence or right to drive necessarily have different consequences, they require different procedures to be given effect in compliance with the competences of the Member States involved. In particular, specifically as regards withdrawal, the person concerned should be able to recover the driving licence or the right to drive in accordance with the rules applicable to alike circumstances in the Member State of issuance. As regards suspension or restriction, it should be ensured that only the duration of such measures is given a Union-wide effect, even where the driving disqualification provides for additional conditions, because the primary goal of those measures is to temporarily or partially prevent the person concerned from driving and not to determine how that person should recover her or his right to drive in the Member State of issuance.
(16) In principle, the possibility for Member States to apply driving disqualifications within their territory should not be limited by this Directive. Accordingly, the Member State of the offence should be able to continue to apply, in accordance with its national rules and with effects limited to its territory, driving disqualifications and any additional conditions set thereunder until the person concerned complies with them.
(17) However, it is also important to take into account that the evaluation of the compliance with the requirements set under Union law for obtaining a driving licence is a competence of the Member State of issuance. The application of additional conditions in the Member State of issuance should also not result in duplicating the requirements that a concerned person must fulfil to prove that regaining a driving licence or the right to drive will not pose a danger to road safety in the Union. In light of that, where the Member State of issuance has adopted measures to ensure the Union-wide effect of the driving disqualification and, following that, has reassessed whether the person concerned is suitable to recover a driving licence or the right to drive, that assessment should be recognised across the entire Union and therefore also in the Member State of offence.
(18) The application of measures by the Member State of issuance should serve the purpose of ensuring that a driving disqualification has Union-wide effect and should not require a new assessment of the facts that lead to the disqualification. However, in order to guarantee that the Union-wide effect is not contrary to the principle of proportionality, fundamental rights or exceptions provided for in the law of the Member State of issuance it is appropriate to lay down certain grounds that exempt the Member State of issuance from the obligation of adopting measures.
(19) In the interest of road safety and in order to provide legal certainty for the person concerned and for the Member State of the offence, the Member State of issuance should ensure the Union-wide effect of the driving disqualification or apply a ground for exemption within the shortest possible time, and in any case no later than 15 days after it has been notified of the disqualification. This should be without prejudice to situations where exceptional circumstances prevent compliance with that time limit. Even in such exceptional cases, however, the Member State of issuance should act without undue delay, and inform the Member State of offence about the period and reason for delay.
(20) The proper implementation of this Directive presupposes close, swift and effective communication between the competent national authorities involved. The competent national authorities of the Member States should therefore consult each other whenever necessary, via appropriate means. Moreover, in specific well-defined cases, both the Member State of issuance and Member State of offence should provide each other with important information in relation to the application of this Directive without delay. This should be the case for the adoption of measures granting a Union-wide effect to driving disqualifications, decisions taken on grounds of exemption, the completion of the driving disqualifications and for any circumstances affecting the originally imposed driving disqualifications.
(21) After being notified of a driving disqualification and granting it Union-wide effects, the Member State of issuance should inform the person concerned without delay, in order to allow the exercise of fundamental rights such as the right to be heard and to challenge the decisions before the competent national courts and tribunals.
(22) Member States should ensure that adequate legal remedies against measures taken pursuant to this Directive are in place, equivalent to those available in similar domestic cases, and that information about such remedies is provided when those remedies become applicable, and in due time to ensure that they can be exercised effectively. However, it should be clarified that the driving disqualification notified in accordance with Article 4(1) can only be challenged in an action brought in the Member State of the offence.
(23) The protection of natural persons in relation to the processing of their personal data is a fundamental right. In accordance with Article 8(1) of the Charter of Fundamental Rights of the European Union 59 and Article 16(1) of the Treaty, everyone has the right to the protection of personal data concerning them. The relevant Union legislation, namely Regulation (EU) 2016/679 of the European Parliament and of the Council 60 and Directive (EU) 2016/680 of the European Parliament and of the Council 61 , should apply to the processing of personal data in the context of this Directive in accordance with their respective scope of application.
(24) This Directive establishes the legal basis for the exchange of personal data for the purpose of giving effect to driving disqualifications imposed by a Member State, other than the Member State of issuance. This legal basis is in line with Article 6(1)(c) and, where applicable, Article 10 of Regulation 2016/679, and Article 8 of Directive 2016/680. The personal data to be exchanged with the Member State of issuance should be limited to what is necessary to comply with the obligations laid down in this Directive.
(25) In order to ensure the seamless, reliable and effective exchange of information, each Member State should designate a national contact point for the purposes of this Directive. They should further ensure that their respective national contact points cooperate with the relevant authorities involved in the enforcement of the driving disqualifications covered by this Directive, in particular to ensure that all necessary information is shared in due time.
(26) Member States should regularly collect comprehensive statistics on the application of this Directive, and send them to the Commission each year. On the basis of this and other information, the Commission should evaluate the impact of the implementation of this Directive on road safety and submit a report on the results of that evaluation to the European Parliament and to the Council every five years, together, where appropriate, with legislative proposals for its amendment.
(27) This Directive should not affect the rights and obligations stemming from other applicable Union legislation, in particular Council Framework Decision 2008/947/JHA 62 and Council Framework Decision 2005/214/JHA 63 , or the rights of suspects and accused persons as provided for in Directive 2010/64/EU 64 , Directive 2012/13/EU 65 , Directive 2013/48/EU 66 , Directive (EU) 2016/343 67 , Directive (EU) 2016/800 68 and Directive (EU) 2016/1919 of the European Parliament and of the Council 69 .
(28) Member States should be able to conclude bilateral or multilateral agreements or arrangements with other Member States, in order to supplement and facilitate the system established by this Directive. They should only do so, however, in so far as such agreements or arrangements allow the provisions of this Directive to be extended or enlarged and help simplify or facilitate further the procedures for granting Union-wide effect to driving disqualifications, and therefore insofar as they allow for a higher level of road safety.
(29) In order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission to establish the format and content of the standard certificate for notifying a driving disqualification. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council 70 .
(30) Since the objectives of this Directive, namely to ensure the Union-wide effect of decisions imposing driving disqualifications which result from major road-safety-related traffic offences, with the goal to improve the levels of road safety across the Union, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of this Directive, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union 71 . In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.
(31) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council 72 and delivered an opinion on [DD/MM/YYYY].