sou · GTB345 · 2006-01-01 00:00:00 — The justification for this is that an exemption such as this, which retains the requirement that prescribed training and an approved test have been taken, is better than giving exemption from the qualification requirement which applies today for class I mopeds. from the qualification age today only applies to driving a class II moped. Special permit shall be required to drive a class II moped A special permit shall be required to drive a class II moped. The starting point for our proposal in this context is that the Swedish so- called 30-mopeds will not be covered by the requirement for AM qualification, but will be treated as class II mopeds. The age requirement for entitlement to drive a class II moped shall be the same as it is today, i.e. Considered in relation to the number of kilometres driven, mopeds, regardless of class, are the most dangerous form of transport in at present. This is also the case in many other European countries. Many countries within the EU and EEA already have training requirements, for example, or a test for driving a moped that is equivalent to the Swedish moped class II. , the and can be named as examples. Taking into consideration the traffic situations in which the accidents occur – most often turning left without observing the relevant traffic regulations, or lack of attention – it is considered that training and a test could result in increased safety for drivers of class II mopeds. In addition, many of the parties involved, both instructors and organisations, are of the opinion that all moped drivers should undergo mandatory training and take an approved test in order to drive a moped. There is also support for this among many of the young people who have been questioned. A driving licence or a tractor licence shall also provide quail- fication to drive a class II moped. When the new regulations come into effect, those who have been entitled to drive a class II moped shall continue to enjoy the right to drive such a moped without a special permit. The requirement for a special permit for class II mopeds shall thus apply for future generations of moped users. The off road vehicle category is to be divided into two sub-categories: snowmobiles and all terrain vehicles The off road vehicle concept currently includes two different vehicles: the snowmobile and the all terrain vehicle. There are technical differences in terms of driving the vehicles and to some extent also different areas of use. This indicates that the off road vehicle category should be divided into two sub-categories: snowmobiles and all terrain vehicles, and this is what we are proposing. Different special permits shall be required for snowmobiles and all terrain vehicles respectively For traffic safety reasons, it is proposed that separate special permits are introduced for snowmobiles and for all terrain vehicles. The age requirement of 16 is retained for both types of vehicle. Training courses for the theoretical part should be by and large the same; however, the practical elements should be tailor-made for each type of vehicle. Driving practice in traffic shall be included. Separate special permits should lead to the vehicles being used more safely and in the long term should benefit traffic safety. A driving licence and a tractor licence issued before 1st January 2000 shall continue to give entitlement to drive both snowmobiles and all terrain vehicles. Newer driving licences and tractor licences will not provide this entitlement. The qualification to drive a snowmobile or an all terrain vehicle shall not be reinstated when a driving qualification is reinstated subsequent to withdrawal of a driving licence or a tractor licence issued before the 1st January 2000. The latter position is based on, among other things, a consensus among the parties with whom we have been in contact who have an interest in issues concerning off road vehicles. A special permit for off road vehicles, issued in accordance with the current regulations, shall continue to apply even after the new regulations have come into force. The old special permit shall however be exchanged after a specified period to a new special permit for snowmobiles and for all terrain vehicles. It shall be possible to have both qualifications on one and the same document. As is the case today, it will be possible to replace an old training certificate in the form of a voluntary special permit for snowmobiles etc, with new qualification documents. An option will be introduced of giving exemption from the age requirement for issuing a special permit for snowmobiles and all terrain vehicles. There will be an addition to the possibilities for exemption from the requirement for a special permit for snowmobiles that are Those who hold a driving licence with category B, regardless of when it was issued, shall be permitted to drive an all terrain vehicle on playing surfaces and roads built within golf courses. The exception is justified by the fact that a golf car is by definition an off road vehicle (an all terrain vehicle according to the proposed regulations) but that it is deemed to be sufficient that those who drive an all terrain vehicle such as this within a golf facility have a driving licence with category B. Requirement for provisional licence will be introduced for all qualifications now under consideration A requirement for a provisional licence, in accordance with the provisions of the Driving Licence Act, shall apply for all driver qualifications now under consideration. It means that a personal and suitability test shall be taken. As a consequence of this we propose that some administrative regulations regarding the provisional licence are also changed. A provisional licence shall consequently be applied for and tested for a group of qualifications instead of applying for a specifically stipulated qualification. In group I, i.e. the group where the requirement is lowest, the categories A, A1, AM, B and BE plus qualification for tractor, class II moped, snowmobile and all terrain vehicles shall be included. As the provisional licence will become applicable for 15- year olds and so that it will be possible, without time pressures, to take several driver qualifications in the same group without needing to apply for a new provisional licence, it is proposed that the validity period for a provisional licence is extended from four to five years. The provisions in the Driving Licence Act regarding withdrawal and warning shall also apply for the qualifications now under consideration We are proposing that all the driver qualifications in question should be subject to withdrawal and warning in the same way as applies at present for a driving licence and a tractor licence according to the Driving Licence Act. The old special permit shall also be covered by the possibilities for intervention. important element in the endeavour to promote responsible vehicle usage with respect to the vehicles in question. The majority of the parties with whom the enquiry has been in contact are positive towards a system with a requirement for a provisional licence and with possibilities for intervention in relation to the qualifications. These measures are judged to have a positive impact on traffic safety. Other provisions for the vehicle qualifications The AM category for class I mopeds will be a harmonising driving licence category according to the ECs rules and thereby falls under the provisions that apply for other driving licences. The three special permits (class II moped, snowmobile and all terrain vehicles) will be national driver qualifications; however it is proposed that on the whole they are covered by the same rules as the driving licence, i.e. a requirement for a photo, a requirement for renewal and a requirement that they shall be carried when driving. It is proposed that the rules on a trial period in the Driving Licence Act cover the AM category but not the special permit. Reform of the structure of the training operation shall issue permission to run training courses for the vehicles in question. This already applies for class I mopeds and for off road vehicles. Certain changes are proposed in the structure of the training operation. The changes proposed mean that a post such as head of training is established. The head of training shall be responsible for implementation of training within a training region, which will correspond to a geographic area that in principle consists of the area covered by a driving test department. The head of training shall establish a teaching plan, according to which specific permit holders shall carry out training. The permit holder shall hold the overall administrative responsibility for the training operation. Instructors shall also be present in the operation. Both the head of training and the instructors shall be approved by the . The rules are similar to the corresponding rules for driving schools. It shall be an offence to intentionally engage in training of drivers of mopeds, snowmobiles and all terrain vehicles without the permission of the . It should be possible to withdraw permission to carry out training, and approval of head of training and instructors The provisions on withdrawal of permission to carry out training for the vehicles in question will in part be given another form than is the case today. It should be possible to take measures against permits if it transpires that the permit holder is unsuitable to carry out training, if the training is carried out in contravention of the provisions in the act on training drivers of mopeds, snowmobiles and all terrain vehicles or in relation to prescriptions that have been issued pursuant to the act, or if the training is otherwise carried out in an unsatisfactory . A permit shall also be withdrawn if training has not been given during the previous 12 months or if permit holders themselves request it. It shall be possible to withdraw an approval for heads of training and instructors in those cases where the person in question no longer fulfils the requirements for approval or otherwise appears to be unsuitable for the task. It shall be possible to withdraw approval at the individuals own request. The possibility of issuing a warning instead of withdrawal will be introduced, both in terms of the permit and the approval, in those cases when a withdrawal situation arises, but where for specific reasons a warning can be deemed to be a sufficient measure. Processing of cases to be facilitated Direct access to information in the criminal records and in the records of suspicion of involvement in crime will facilitate the county administrative boards and the Swedish Road Admini- stration in processing cases involving, among other things, special permits and permits for instructing drivers of mopeds, snowmobiles and all terrain vehicles. Content of the training courses is to be reformed As in todays system, undergoing the prescribed training will be a requirement in obtaining each qualification. The theoretical part of the course shall be the same for drivers of class I mopeds and for drivers of class II mopeds. Practical elements shall be included at a practice area in both training courses. Driving practice in traffic together with the instructor shall be an additional mandatory element in the training course for class I mopeds. Training of drivers of snowmobiles and all terrain vehicles shall also be principally the same in the theoretical parts, but different, and specialised for each vehicle, in the practical parts. Both practical sessions at the practice areas and driving practice in traffic shall be included in the training. Private driving practice is not being proposed for any of the vehicles. shall, in the same way as today, decide the detailed form of training for each vehicle. will be the responsible authority for the driving tests Driving tests shall be arranged by the for all the driver qualifications that are now under review. It shall not be possible, as it is today, for the arrangement to be handed over to another party. The provisions as to who is entitled to conduct driving tests that apply within the driving licence system shall also apply to driving tests for the qualifications that are now in question. As is the case today, the driving test shall consist of a theory test. This shall be common to class I mopeds and class II mopeds, and for snow- mobiles and all terrain vehicles respectively. Those who apply for a driving licence with the AM category and who already hold a special permit for class II mopeds or those who hold a special permit for any type of snowmobile or all terrain vehicle and who apply for a special permit for the other type of vehicle shall not be required to take the theory test. In these situations it shall be sufficient that the mandatory practical training course for the new vehicle has been taken, which shall be substantiated by means of a certificate from the instructor. Passing the theory test shall provide immediate entitlement to drive vehicles of the type for which the test is intended. Appeal against the decision According to the proposed act on training of drivers of mopeds, snowmobiles and all terrain vehicles, it shall be possible to appeal against the decision, in an equivalent way to today, to the general administrative court. This also applies to decisions on warnings. Immediate implementation of the decision A decision according to the proposed act on training of drivers of mopeds, snowmobiles and all terrain vehicles shall apply immediately, unless otherwise specified in the decision. It is proposed that the regulations on unlawful driving in the Road Traffic Offence Act (1951:649) shall apply to all vehicles now in question. Consequences of the proposals We estimate that a total of about 25,000 qualification documents for the vehicles class I moped, class II moped, snowmobile and all terrain vehicles will be issued per year. The number of persons who it is calculated will be interested in a special permit for a class II moped has in this connection been estimated at about 4,000 per year. It is the special permit for class II mopeds that represents the actual increase in the number of special permits in comparison with today. It is only in the introductory stage that the requirement for a provisional licence for all qualifications now under consideration will involve a large number of applications for provisional licences, since a large proportion of those who intend to drive one or more of the vehicles in question would in all probability apply some years later for a provisional licence anyway in order to be permitted to practice driving a car, for which an age of is required. By proposing the same administrative system as for the driving licence and the tractor licence in terms of the suitability requirement, possibilities for intervention, and regulations surrounding the issuing and renewal of the qualifications etc., administrative benefits for the county administrative boards and the are achieved. The same applies to the proposal that a provisional licence shall be granted for a group of qualifications, as well as the proposal that a provisional licence shall apply for five years. Procedures and systems are already in existence, and the new rules should therefore not involve major changes. For persons with several qualifications the principle rule will be that all the qualifications are covered by intervention in the form of withdrawal or warning, which means that no extra work will arise. The new rules that are proposed for the training operation, which are based on the fact that both directors of training and instructors shall be approved, mean that there will be more matters for the to deal with. Applications for approval will be subject to a fee, as will applications for permission to carry out training. In the introductory stage the responsibility for arranging theory tests for the qualifications in question will result in added costs in drafting new test questions. There are however already well developed technical solutions and procedures etc. for the to arrange tests. In the longer term our proposal is expected to also be more cost- effective than todays system, as a lot of contacts that currently have to be dealt with between the and arrangers of theory tests will no longer be necessary. We consider the added costs that the proposal that the acts as arranger of theory tests nevertheless brings about, are balanced by the substantial advantages that the proposal involves, above all that our proposal will offer all students a uniform and equivalent test and they will be permitted to drive directly after passing the theory test. From a budgetary perspective the reforms that we are proposing should in total be accommodated within existing resources. All our proposals are expected to lead to considerably increased traffic safety for drivers of mopeds, snowmobiles and all terrain vehicles. Raising the age limit for driving a class I moped to 16, introducing requirements for training and a test for all moped drivers, and introducing requirements for provisional licence and possibilities for intervention for the qualifications are factors that particularly promote traffic safety. Consequences for crime prevention etc. Introducing the same possibilities for intervention in the driver qualifications now under consideration as for other driver qualifications is a positive factor in terms of crime prevention. Higher quality training is expected in general to produce an improvement in drivers conduct in traffic. The fact that the qualification documents shall be carried when travelling and contain a photo represents benefits for traffic surveillance. In total the proposals are a major benefit to the judicial system. As a consequence of the new regulations for a suitability test in the form of provisional licences and possibilities for intervention, the general administrative courts will receive somewhat more cases. This should however have only a marginal effect on the courts workload. Consequences for those who arrange training The new provisions on training are expected to lead to those permit holders who are not able to fulfil the new requirement having to cease their activities. For those who currently carry out good quality training the proposed requirement is not expected to involve large-scale changes as it should be simple for them to be able to adapt to the new rules. The fact that the shall be arranging the theory test means that instructors will have one less task and will be able to put more into the training itself. Consequences for the individual For forthcoming generations of drivers, the lifting of the age requirement for driving a class I moped, along with the new requirement for mandatory training and a mandatory theory test for those who want to drive a class II moped will represent changes in comparison with the current rules. The provisional licence requirements and possibilities for intervention in relation to the qualification documents will also involve new requirements for those who want to drive the vehicles, and a new way of dealing with vehicle , which will also affect those who already possess a driving qualification in the form of a special permit for class I mopeds or a special permit for snowmobiles. Training for the different vehicles is deemed to be somewhat more expensive for the individual than the corresponding training is today. Training for a moped currently costs on average about and for an off road vehicle, on average about . Training according to our proposals might be a few hundred SEK dearer. There will also be the additional expense of a provisional licence, which is currently . On the other hand, according to our proposals, this permit will apply for other qualifications within group I for five years. Taking a theory test at the for a driving licence with category B for example currently costs , which is somewhat cheaper than the fee that arrangers of theory tests usually charge under the current system. From a broader perspective, the rules for the individual driver represent improved training compared with that which applies today, at a moderately increased expense. The aim of the proposals is to produce safer drivers of mopeds, snowmobiles and all terrain vehicles and in this way to reduce the number of accidents these vehicles are involved in. In the long term, this is expected to lead to positive consequences for the economy in the form of fewer accidents involving the vehicles in question and thereby less human suffering and lower costs for the health service. Entry into force etc. It is proposed that the bulk of the statutory changes that are being proposed enter into force on 1st January 2008. It is proposed that the provisions that are associated with training, such as application for a provisional licence, application for a training permit etc. enter into force on the 1st October 2007. The requirement for the AM category can, as mentioned, be introduced under the condition that the new driving licence directive has entered into force. 1Förslag till lag om utbildning till förare av mopeder, snöskotrar och terränghjulingar Härigenom föreskrivs följande. 1 § Denna lag innehåller bestämmelser om förarutbildning för att erhålla behörighet enligt körkortslagen (1998:488) att köra mopeder, snöskotrar och terränghjulingar. Lagen syftar till att skapa förutsättningar för en god utbildning för sådana förare. 2 § I denna lag avses med tillståndshavare: den som har meddelats tillstånd att bedriva utbildning enligt denna lag, undervisningsplan: ett dokument som upprättas av den som är eller skall vara utbildningsansvarig och som visar hur den utbildning som tillståndshavaren avser att bedriva inom ett utbildningsområde skall läggas upp för att tillgodose lagens syfte, utbildningsansvarig: en person som är ansvarig för den utbildning som tillståndshavaren bedriver inom ett utbildningsområde, utbildningsområde: ett geografiskt område inom vilket en utbildningsansvarig, i enlighet med sådana föreskrifter som avses i 17 §, ansvarar för utbildning enligt denna lag, utbildare: en person som utbildar förare enligt denna lag. Fordonsbegreppen i denna lag har samma betydelse som i lagen (2001:559) om vägtrafikdefinitioner. I övrigt har de beteckningar som används i denna lag samma betydelse som i körkortslagen (1998:488). Utbildningens innehåll och bedrivande 3 § Utbildning enligt denna lag skall innehålla såväl teoretiska som praktiska moment. I utbildningen för moped klass I, snöskoter och terränghjuling skall ingå övningskörning i trafik. Utbildningen skall bedrivas så att det i 1 § andra stycket angivna syftet med lagen tillgodoses. Tillstånd till utbildning m.m. 4 § Utbildning enligt denna lag får bedrivas endast av tillstånds- havare. Tillstånd får meddelas en fysisk eller juridisk person som bedöms ha förutsättningar att bedriva utbildning på sådant sätt att kravet på god förarutbildning, i enlighet med denna lag och föreskrifter som har meddelats med stöd av lagen, tillgodoses. Ett tillstånd gäller tills vidare om det inte finns särskilda skäl att besluta något annat. Om det behövs får tillståndet även i övrigt begränsas och, i samband med att det meddelas eller senare, förenas med villkor. 5 § Hos en tillståndshavare skall det finnas 1.för varje utbildningsområde en eller flera utbildningsansvariga som har godkänts för verksamheten där, 2.en eller flera godkända utbildare, och 3.för varje utbildningsområde en godkänd undervisningsplan. 6 § För godkännande som utbildningsansvarig eller utbildare skall sökanden 2.under sammanlagt minst tre av ha haft och fortfarande inneha a) ett körkort med behörigheten A eller A1 för utbildning för moped, b)ett körkort med behörigheten B och ett förarbevis för snöskoter för utbildning för snöskoter,