WRITTEN QUESTION E-1419/02

by Erik Meijer (GUE/NGL) to the Commission

(23 May 2002)

Subject: Enforced unemployment for professional drivers on account of refusal to extend their HGV driver's licence after a medical examination has revealed diabetes

1. Is the Commission aware that some professional drivers are unable to extend their HGV licences because a medical examination has revealed them to be suffering from diabetes, and that an eye complaint, retinopathy, is diagnosed, as a result of which they are deemed unable to continue to exercise their profession because they are not free of complications, despite the fact that their eyesight is perfectly adequate?

2. Can the Commission confirm that in practice professional drivers who have diabetes are banned from driving, and may be dismissed by their employer because they no longer meet the conditions for their occupation? On what grounds does this happen?

3. Are the rules in this field the same throughout the EU, or do they differ between Member States? Is it right if, in such cases, European rules are invoked when rejecting driving licence applications?

4. If in practice drivers with diabetes are banned from working even though ophthalmologists consider their eyesight to be perfectly adequate, does this ban increase road safety to such an extent as to justify their enforced unemployment and the need to retrain them for a different occupation?

5. In view of the growing separation of types of road-user, the introduction of mirrors on HGVs which eliminate blind spots, and the restrictions on the driving hours of HGV drivers, is it now possible for drivers who would once have been seen as a risk factor on account of their medical condition to return to work?

6. Is the Commission preparing initiatives to protect such drivers against the existing possibility of enforced unemployment for no compelling reason, or will the Commission do so?

Answer given by Mrs de Palacio on behalf of the Commission

(3 July 2002)

1. to 3. The Commission would draw the Honourable Member's attention to the answers frequently given by the Commission on this subject since the Council's adoption of Directive 91/439/EEC of 29 July 1991 on driving licences(1) and, in particular, to the answers to written questions E-1462/01 from Mrs Kauppi(2) and E-1295/00 from Mr Davies(3).

4. and 5. Annex III of that Directive established the minimum standards of physical and mental fitness for driving a power-driven vehicle. These standards are based on expert opinions. The standard in question clearly indicates that it is not possible to issue or renew public service vehicle or heavy goods vehicle licences for drivers diagnosed with retinopathy in addition to diabetes. This restrictive approach is justified by the risks of blackout due to diabetes compounded by the potential total or partial vision loss due to retinopathy. The risk is not reduced by fitting mirrors to eliminate blind spots and restricting driving times and such measures do not justify relaxing the standard.

6. The Commission does not at present intend to introduce any initiatives on the subject given the very real risks to other road users. It does, however, commission regular studies regarding physical fitness and, in the Committee on the driving licence, regularly consults experts so that it is constantly updated on pertinent scientific and technical progress.

(1) OJ L 237, 24.8.1991.

(2) OJ C 350 E, 11.12.2001.

(3) OJ C 72 E, 6.3.2001.