WRITTEN QUESTION P-2674/96 by Alexandros Alavanos (GUE/NGL) to the Commission (9 October 1996)

Subject: Psychiatric care and driving licences

By Presidential Decree No 30 (Official Gazette 22/3-2-95) the Greek Government aligned Greek legislation with Directives 80/1263/EEC ((OJ L 375, 31.12.1980, p. 1. )) and 76/914/EEC ((OJ L 357, 29.12.1976, p. 36. )) on driving licences. The presidential decree provides that a stay on whatever grounds in a mental hospital or a psychiatric clinic will result in the withdrawal of the driving licence and that 'mental hospitals, psychiatric clinics and State hospitals where it is ascertained that a driver is suffering from psychosis, personality disorder or epilepsy shall inform the Ministry of Transport and Communications of this fact in writing'.

This provision withdrawing driving licences in the event of treatment in mental hospitals:-

1. Is contained in neither directive 80/1263/EEC nor Directive 91/439/EEC which lays down specific circumstances in which driving licences should not be granted, while a stay in a mental hospital can cover all kinds of mental illness.

2. Notifying the Ministry of Transport every time a person is given care in a mental hospital would be a grave breach of medical secrecy.

3. It ignores the fact that incapacity to drive cannot be presumed in the case of every psychiatric illness, most of which are curable and are not inevitably incompatible with the ability to drive.

4. It would lead to the stigmatization and official registration of anyone who spent even the shortest period in psychiatric institutions, make attendance at a mental hospital the equivalent of a prison sentence, and marginalize those suffering from mental illness.

In view of these disastrous consequences of the Presidential Decree and the fact that it breaches the spirit and letter of EEC Directives 91/439 ((OJ L 237, 24.8.1991, p. 1. )) and 80/1263 and the European Union concept of making mental hospitals open to the public, what immediate action does the Commission intend to take to bring Greek legislation into line with Community directives?

Answer given by Mr Kinnock on behalf of the Commission (13 November 1996)

Minimum standards of physical and mental fitness for driving a power-driven vehicle are laid down in Annex III.13 of Council Directive 91/439/EEC on driving licences as follows:

Group 1 (category A or B vehicles)

13.1. Driving licences shall not be issued to, or renewed for, applicants or drivers who suffer from:

- severe mental disturbance, whether congenital or due to disease, trauma or neurosurgical operations,

- severe mental retardation,

- severe behavioural problems due to ageing; or personality defects leading to seriously impaired judgment, behaviour or adaptibility,

unless their application is supported by authorized medical opinion and, if necessary, subject to regular medical check-ups.

Group 2 (category C1, C, D1, D vehicles)

13.2. The competent medical authority shall give due consideration to the additional risks and dangers involved in the driving of vehicles covered by the definition of this group.

These are minimum standards and leave to the national medical authority the ways and means to implement and enforce the standards. Furthermore, Member States may set more severe criteria if they so wish.