WRITTEN QUESTION E-1462/01

by Piia-Noora Kauppi (PPE-DE) to the Commission

(17 May 2001)

Subject: Diabetic seeks category C driving licence

A Finn suffering from diabetes has studied for close on two years at technical school in the logistics section to qualify as a lorry driver. When applying for the school in question, the person concerned was not told that diabetes was a factor restricting this course of study. Passing the exam and exercising the profession require a category C driving licence, and the conditions for issuing such a licence contain a derogation for diabetics that is laid down in the relevant EU directive.

According to Council Directive 91/439/EEC(1) (Annex III, point 10.1), only in very exceptional cases may category C driving licences be issued to, or renewed for, applicants or drivers suffering from diabetes mellitus and requiring insulin treatment, and then only where duly justified by authorised medical opinion and subject to regular medical check-ups.

In order to acquire a category C driving licence, the applicant has obtained opinions on his state of health from a consultant in paediatrics, a specialist in general medicine and a specialist in ophthalmology. All the aforementioned medical opinions recommend that a category C driving licence be issued, and the doctors do not consider that there is any obstacle to the patient obtaining either an ordinary private driving licence or a professional driving licence.

The applicant has held a category B driving licence since 1998. Diabetes has not affected his ability to drive a private car nor has he suffered from insulin shocks or hypoglycaemia. He has no intention of working as a professional driver in the passenger transport sector and he would undergo regular health check-ups.

Finland's Driver and Vehicle Licensing Agency has not granted the derogation. In the reasons for its decision the Agency refers to the EU directive, which it is interpreting narrowly in this case.

Is the Commission aware that the interpretation of the EU directive on the conditions for issuing driving licences is causing these kinds of problems for the authorities in the Member States?

At the same time, does any similar precedent exist concerning, for example, persons suffering from epilepsy or with physical handicaps?

Where problems with the interpretation of this directive turn out to be a more widespread phenomenon, is the Commission prepared to take steps to clarify the interpretation of the directive at national level?

(1) OJ L 237, 24.8.1991, p. 1.

Answer given by Mrs de Palacio on behalf of the Commission

(23 July 2001)

Drivers suffering from diabetes mellitus and requiring insulin treatment may hold a driving licence for categories C and D and sub-categories and corresponding trailer categories subject to authorised medical opinion and regular medical check-ups appropriate to each case.(1)

Diabetes mellitus has been the subject of lengthy discussions within the Committee of government experts on driving licences and the Committee has concluded that the current provision must be continued. Member States experts feel that the risks linked to diabetes mellitus, in particular insulin shocks, hypoglycaemia, arterial blood pressure variations or eyesight problems are too great to issue driving licences for heavy goods vehicles or buses.

All Member States apply a limited access policy to categories C and D for people suffering from diabetes mellitus and treated with insulin. Authorisation is subject to regular medical check-ups and most Member States renew licences for persons suffering from diabetes mellitus only at a later age in their professional career. This effectively results in people suffering from diabetes mellitus being refused first issue of a driving licence in categories C and D.

This precedent also exists for the issue and renewal of driving licences for persons suffering from epilepsy and locomotor disabilities(2).

Following discussions in the Committee of government experts on driving licences, the Commission has launched several studies through its research programmes and hopes to present the results of these studies to the Committee in two years(3).

(1) Point 10.1 of Annex III to Council Directive 91/439/EEC of 29 July 1991 on driving licences (OJ L 237, 24.8.1991).

(2) Points 8.3 and 12.2 of the aforementioned Annex III.

(3) Studies are in progress regarding vision, diabetes, epilepsy and adaptations to vehicles.