Proposal for a Council Directive amending Directive 91/439/EEC on driving licences
Date: 1996-02-20
Institutions: European Commission
Subjects: European driving licence, approximation of laws, data processing, free movement of persons, motor vehicle

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

Brussels, 20.02.1996 
COM(96) 55 final 

96/0040 (SYN) 

Proposal for a 

COUNCIL DIRECTIVE 

amending Directive 91/439/EÈC on 

driving licences 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

A.  PREAMBLE 

1. 

In  adopting  Directive  80/1263/EEC  of  4  December  1980,  the  Council  intended, 

inter alia, to facilitate  the movement of persons travelling within the Community or 

taking  up  residence  in  a Member  State  other  than  that  in  which  they  had  taken  a 

driving test. This being the case the Council decided to produce a Community model 

for  a national  driving  licence, as described  in Annex  I to the directive. 

2.  On  29  July  1991  the  Council  adopted  a  second  directive  on  driving  licences 

(Directive 91/439/EEC) which adapts the model produced by Directive 80/1263/EEC 

in  order  to take  account,  in  particular,  of the  harmonization  of  the  categories  and 

subcategories  of  vehicle  and in order to make it easier to understand  licences both 

inside  and  outside  the  Community.  A particular  feature  of  this  revised  model  was 

the  introduction  of  a mandatory  photograph  of  the  holder  and  replacement  of  the 

wording  by codes or pictograms, thus avoiding  any  need  for  translations. 

The national  licences issued  from  1 July  1996 will have to conform  to this revised 

model or to the alternative  "credit card" type covered by Annex  I bis if the latter is 

introduced  as  a  result  of  adoption  by  the  Council  of  proposal  for  a  Directive 

COM(95)166 final  of  10 May  1995. 

3.  Article  4.1  of  Directive  91/439/EEC  provides  that  driving  licences  shall  state  the 

conditions  on  which  the driver  is authorized  to drive  (required  to  wear  spectacles, 

driving restricted to vehicles with automatic transmissions, modifications to vehicles 

driven by handicapped persons, duplicate  ...). It is necessary to harmonize the codes 

for  this  information  as part of the reciprocal  recognition  of licences. 

4.  A  study  of  the  information  arising  from  the  practical  implementation  of  Directive 

91/439/EEC and  from  the national systems has enabled  a common  list of codes and 

subcodes (numbered from  0 to 99) to be prepared with the assistance of government 

experts.  The  structure  proposed  provides  that  the  use  of  the  codes  shall  be 

mandatory  where a Member  State issues a licence under those conditions (see Item 

3 above); the use of sub-codes will be optional except where the code alone cannot 

be  sufficiently  explicit.  A  simple  syntax  will  enable  the  licence  to  be  understood 

quickly  where this has to include  several codes and/or  subcodes. The references  to 

the  provisions  not  covered  by  Directive  91/439/EEC  will  be  covered  by  national 

codes  (numbered  from  100 onwards), the  scope of  which  will  be restricted  to  the 

territory  of  the state having  issued the licence. 

5.  The proposed  set of codes deliberately  leaves a certain  number  of codes unused  in 

order  subsequently  to be able to assign to them supplementary  references  resulting 

from  technical, medical  or administrative changes. 

Updating of the Community system of codes will require a committee on adaptation. 

The committee  could  also be made responsible  for  adapting to technical,  scientific 

and medical progress, the annexes to the directive on the Community-model licence, 

the knowledge, skills and behaviour involved in driving, and the minimum physical 

and  mental  capacities required  for  driving  a motor  vehicle. 

B.  AIMS  OF THE PROPOSAL  FOR A DIRECTIVE 

The  proposal  for  a  directive  is  intended  to  define  a  harmonized  set  of  codes  for  the 

information  to be entered  on Community-model  national driving  licences as required  by 

Annexes I and  I bis to Directive  91/439/EEC (subject,  as regards the  latter  annex, to the 

adoption  by  the  Council  of  proposal  for  a directive  COM(95)166 of  10 May  1995).  It 

is also intended  to introduce a committee for  the adaptation of the annexes to that same 

directive  in  accordance  with  the  procedure  2a  provided  for  in  Article  2  of  Council 

Decision  87/373/EEC  of  13 July  1987  laying  down  the  procedures  for  the  exercise  of 

implementing  powers conferred  on the  Commission. 

C.  JUSTIFICATION  IN TERMS  OF THE PRINCIPLE OF  SUBSIDIARITY 

a)  What  are the  aims  of  this directive with  regard  to the  Community's 

obligations? 

This directive  is aimed  at defining  a harmonized  set of codes  for  the  information  to be 

entered  in driving  licences  to be issued  by the Member  States  in accordance  with  the 
provisions  of Article 4.1  of  Directive 91/439/EEC and Annexfes]  I  [and  I bis](1) 

thereto. 

The aim  is to make  it easier  to understand  and thus reciprocally  to recognize  licences 

during  intra-Community  travel, more especially  since Article  1 of  Directive 

91/439/EEC  is devoted  to the recognition,  without  exchange, of  licences whose  holder 

has taken  up residence  in a Member  State other  than that  having  issued  the  licence. 

The directive thus contributes to the free  movement  of persons within  the  Community 

and to  road  safety  by  making  it easier  to check driving  licences, where  so required. 

b) 

Is this action  covered  solely  by Community  powers or is it shared  with  the 

Member  States? 

Shared  powers  -.Article 75(1 )(c)  of the Treaty. 

c)  What  is the Community  dimension  of the problem?  (For  example  number  of 

Member  States  involved  and solutions so far  applied?) 

Directive  91/439/EEC, which defines  the Community  model  to  which  the national 

driving  licences are to  conform,  applies to all  of the Member States. 

(1)  The terms  in the square brackets refer back to Annex  Ibis on the assumption  that  proposal 

COM(95)  166 final is adopted by the Council. 

The  harmonized  system  of  codes  will  also  apply  to the  member  countries  of  the  EEA. 

Member  States may  adopt  a national  system  of codes (numbered  from  100 onwards)  in 

order to give information  concerning requirements not covered by Directive 91/439/EEC 

and whose scope will be limited  to the territory of the Member  State issuing the licence. 

d)  What  is the  most effective  solution  in view  of the  means available  to the 

Community  and  Member  States? 

The  principle  of  the  reciprocal  recognition  of  driving  licences  within  the  European 

Community  is  based,  in  particular,  on  the  existence  of  a  Community  model  enabling 

licences to be more easily understood and to which the national administrations  conform. 

The replacement of references  in eleven different  languages  by harmonized  codes helps 

towards this and the production of differing  codes would  impair  its  benefits. 

It  is thus justified  to draw  up a harmonized  system  of codes the adaptation  to  technical 

and scientific  progress of which is carried  out by a management  committee (type Ha) in 

line with  Council  Decision  87/373/EEC  of  13 July  1987. 

e)  What  is the  real  added  value  of this action  at Community  level  and what 

would  be the cost  of  any failure  to act? 

Adoption of a harmonized system of codes will make driving licences easier to understand 

whatever  the Member  State having  issued them, the  nationality  of the official  checking 

them  or the administration  managing  them. 

Where there is failure to act there can be no proper reciprocal recognition  of licences  to 

the detriment  of the holders of  such licences and of cooperation  between  the competent 

authorities  in the  Member  States. 

f)  What  forms  of action  are open to the Community?  Is uniform  regulation 

needed  or is a directive  setting general  targets  and  relegating  implementation 

to Member-State  level  sufficient? 

Directive  91/439/EEC  defines  the  specifications  which  national  driving  licences  are  to 

meet, including the form in which the additional information  describing the conditions of 

validity of licences is to be provided. An amendment to that directive  is needed  in order 

to  adopt  a  basic  harmonized  set  of  codes  for  these  additional  references  and  their 

operating principles, while at the same time setting up a committee (procedure 2a) which 

will  then  assist  the  Commission  in  adapting  to  technical,  scientific  and  administrative 

progress  and developments. 

Publication  in the Official  Journal will also inform  other countries (for  example the East 

European  countries) of the meaning of the coded  information. 

D.  CONSISTENCY  WITH OTHER COMMUNITY  POLICIES OR 

ACTIVITIES 

The  action  is  intended,  inter  alia,  to  facilitate  the  free  movement  of  persons  and  any 

residence  that  they  may  take  up  in  a  Member  State  other  than  that  having  issued  their 

licence. This  is especially  true  as regards handicapped  drivers  whose  licence  must  state 

the conditions under which driving is authorized in a clear, precise and summary  fashion 

that  respects the  individual, thus contributing towards their  mobility. 

E.  CONTENTS  OF THE  PROPOSAL 

Article  1 amends Annex[es)  I  [and I bis] to  Directive  91/439/EEC (which defmefs]  the 

Community  model [s] for  driving  licence) by introducing  harmonized  codes. 

Article 2 amends Article 7 of Directive 91/439/EEC by proposing that a committee be set 

up (procedure 2a) for the adaptation to technical and scientific  progress of Annexes I, [I 

bis,]  II  and  III to Directive  91/439/EEC. 

Article 3 aligns the definition  of the term "motorcycle" with that of Directive 92/61/EEC 

on the type approval  of two and three-wheel motor vehicles. 

Article 4 provides that the harmonized  set of codes may be introduced  with effect  from 

1 July  1996, the date of entry  into force  of Directive 91/439/EEC. 

F.  ATTRACTIVENESS  TO THE EEA 

Directive 91/439/EEC applies, in its entirety, to the Member States of the EEA, including 

the  harmonized  set  of  codes  for  additional  information,  thus  extending  the  effects  and 

advantages of standardization and facilitating the reciprocal recognition of licences in the 

EEA. 

Proposal  for  a 

COUNCIL  DIRECTIVE 

amending  Directive  91/439/EEC  on 

driving  licences 

THE  COUNCIL  OF  THE  EUROPEAN  UNION, 

Having  regard  to  the  Treaty  establishing  the  European Community  and  in particular 

Article  75  thereof, 

Having  regard  to  the  proposal  from  the  Commission/0 

In cooperation  with  the  European Parliament,(2) 

Having  regard  to  the  opinion  of  the  Economic  and  Social  Committee,(3) 

Whereas  Council  Directive  91/439/EEC(4) of  29  July  1991  concerning  driving  licences, 

as  last  amended  by  Council  Directive 

/EC(5)  stipulates  that  national  driving 

licences  shall  be  issued  in accordance  with the  Community  model  described  in 

Annex  I  [or  Ibis](6)  thereto,  and that they  shall  set  out the  conditions  under  which  the 

driver  is  permitted  to  drive; 

Whereas  Annex  I  [and  Annex  Ibis]  provide[s]  that these  additional,  or  possibly 

restrictive,  statements  shall  be  made  in a coded  form; 

(i) 

(2) 

(3) 

(4) 

(5) 

(6) 

O J N o L 2 3 7,  24.8.1991, p. 1. 
Proposal  COM(95)  166 final, 10.5.1995. 
The  terms  in  the  square  brackets  refer  back  to  Annex  Ibis  on  the  assumption  that  proposal 
COM(95)  166 final is adopted by the Council. 

8 

Whereas the codes applying to the conditions of  issue governed by 

Directive  91/439/EEC  are valid throughout the Community; 

Whereas,  in accordance  with the principle of  subsidiarity,  Community  action  is needed 

in order to enable driving licences to be understood and reciprocally to be recognized, and 

in order to facilitate the free movement of persons by avoiding the practical problems that 

would  face  drivers,  road  hauliers,  administrations  and  inspectors  if  national  coding 

systems differed  from each other; 

Whereas provision should be made for a simplified procedure for adapting the technical 

aspects of the Community codes and all of the provisions of Annexes I, [Ibis,] II and III 

to Directive 91/439/EEC; 

Whereas,  in  order  to  meet  the  concerns  with  regard  to  clarity  and  conformity  with 
Council  Directive  92/61/EEC(7)  on  the  type  approval  of  two-  or  three-wheel  motor 

vehicles the opportunity offered by this amendment should be taken in order to align the 

definition of the term "motorcycle" in respect of design speed; 

HAS ADOPTED THIS DIRECTIVE: 

Article 1 

Annex 1.2, sixth indent,  [and Annex Ibis 2.12] to Directive 91/439/EEC  shall be 

amended as follows: 

- codes 01  to 99 = harmonized Community codes 

01  Eyesight correction 

02  Hearing aid 

03  Prosthesis/Orthosis  for the locomotive apparatus 

04  Subject to the possession of a valid medical  certificate 

05  Driving  subject to restrictions for medical reasons 

(7)  OJ  L225,  10.8.1992,  p. 75. 

10  Modified  transmission 

15  Modified  clutch 

20  Modified  braking  systems 

25  Modified  accelerator  systems 

30  Modified  combined  braking  and accelerator  systems 

35  Modified  control  layouts 

40  Modified  steering 

42  Modified  rearview  mirror(s) 

43  Modified  driving  seat 

44  Modifications  to  motorcycles 

45  Motorcycle  combinations  only 

50  Restricted  to a  specific  vehicle/chassis  number 

51  Restricted  to  a specific  vehicle/registration  mark 

55  Combinations  of  vehicle  modifications 

70  Exchange  of  licence No  ...  issued  by  ... 

71  Duplicate  of  licence No  ... 

72  Restricted  to category-A  vehicles having a maximum  cylinder  capacity  of 

125 cm3 and  a maximum  power of  11 kW (Al) 

73  Restricted  to category-B  vehicles of the motor  tricycle  or  quadricycle  type  (Bl) 

74  Restricted  to category-C  vehicles, the maximum  authorized  mass of which  does 

not  exceed  7 500 kg  (CI) 

75  Restricted  to category-D  vehicles  with not more than  16 passenger  seats, 

excluding  that  of  the driver  (Dl) 

76  Restricted  to  category-C  vehicles of  which the maximum  authorized  mass does 

not  exceed  7 500 kg  (CI),  attached  to a trailer  of which  the maximum  authorized 

mass exceeds  750  kg,  provided  that  the maximum  mass of the  vehicle train  thus 

formed  does not  exceed  12 000 kg and that the maximum  authorized  mass of the 

trailer  does not  exceed  the  unladen  mass of the drawing  vehicle  (Cl+E) 

77  Restricted  to category-D  vehicles with not  more than  16 passenger  seats, 

excluding  that  of  the driver  (Dl), attached  to a trailer  the  maximum  authorized 

mass of which  exceeds  750 kg, provided  that  (a) the maximum  authorized  mass 

of the  resultant  vehicle  train  does not exceed  12 000 kg and  that  the  maximum 

10 

authorized  mass of the  trailer  does not  exceed the unladen  mass of the  drawing 

vehicle  and  (b) the trailer  is not  used  to carry  passengers  (Dl+E) 

78  Restricted  to vehicles  with an automatic  transmission  (Annexes  II,  8.1.1 

Section  2) 

If  necessary  a  subdivision  of  the  codes  will  be  defined  in  line  with  the  provisions  of 

Article  2 of this Directive and more particularly  with regard to codes 04, 05, 44 and 55. 

Article 2 

An item  6 should  be added  to Article  7 of Directive  91/439/EEC  as  follows: 

In  adapting  Annexes I,  [Ibis],  II  and  III  to  Directive  91/439/EEC  to  scientific  and 

technical  progress  the  Commission  shall  be  assisted  by  a  committee  comprising 

representatives  of  the  Member  States  and  chaired  by  the  representative  of  the 

Commission.  The  representative  of  the  Commission  shall  lay  any  action  to  be  taken 

before  the  committee.  That  committee  shall  deliver  its  opinion  on  said  draft  within  a 

period  which  the  Chairman  may  lay  down  in  the  light  of  the  urgency  of  the  matter  at 

issue.  That  opinion  shall  be delivered  with  the majority  provided  for  in Article  148(2) 

of the Treaty  for  the adoption of the decisions that the Council is called  upon to take on 

a proposal  from  the Commission.  When votes are taken within the committee the votes 

of  the  representatives  of  the  Member  States  shall  be  weighted  as  set  out  in the  Article 

referred  to  above.  The Chairman  shall  not vote. 

The Commission  shall adopt  forms  of action that apply  immediately.  However,  if these 

do not conform to the opinion delivered by the committee the Commission shall  forthwith 

inform  the  Council  thereof.  Where  this  is the case: 

The Commission  may defer  implementation  of the forms  of action  adopted  by  itself  for 

a  period  of  one  month at the  most,  dating  from  this  communication. 

The  Council,  acting  on  a  qualified  majority,  may  take  a  different  decision  within  the 

deadline  provided  for  in the  previous  indent. 

11 

Article 3 

Article  3, paragraph 3, indent No 3 of Directive 91/439/EEC  shall be amended as 

follows: 

the term "motorcycle" shall refer to all two-wheel  vehicles with or without sidecar, 
fitted with an engine having a cylinder capacity of more than 50 cm3 if of the internal 

combustion type and/or having a maximum design speed of more than 45 km/h. 

Article 4 

1.  After consulting the Commission Member States shall adopt the laws, regulations or 

administrative provisions needed in order to implement this Directive with effect from 

1 July  1996. 

2.  When adopted by the Member States these provisions shall contain a reference to this 

Directive  or shall be accompanied by such a reference  on their official  publication. 

The procedures applying to that reference shall be laid down by the Member States. 

Article 5 

This Directive  shall  take effect  on the 20th day following  its publication. 

Article 6 

This Directive  is addressed to the Member States. 

Done at Brussels, 

For the Council 

The President 

12 

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