Amended proposal for a COUNCIL DIRECTIVE amending Directive 91/439/EEC on driving licences
Date: 1996-11-05
Institutions: European Commission
Subjects: European driving licence, approximation of laws, data processing, free movement of persons, motor vehicle

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 05 11.1996 
COM(96)  556 final 

96/0040 (SYN) 

Amended proposal for a 

COUNCIL DIRECTIVE 

amending Directive 91/439/EEC 
on driving licences 

(presented by the Commission pursuant to Article  189 a (2) 
of the EC-Treaty) 

EXPLANATORY  MEMORANDUM 

A. 

On 20 February  1996 the  Commission  submitted  to the  Council  a proposal  for a 
Directive amending Directive 91/439/EEC on driving licences (COM(96) 55 final 
-  SYN  96/0040  '  ). 

On  24  April  1996  2  the  Economic  and  Social  Committee  gave  a  favourable 
opinion. 

On  5 September  1996 the  European  Parliament  gave an opinion  on the  proposal 
at the  first  reading.  The  Commission  accepts  amendment  1 and takes  account, h 
the  amended  proposal  in the annex,  of amendment  5, although  it  is unable  to 
accept  it  in  full. 
The  Commission  has  not  been  able  to  accept  the  other  amendments  tabled  by 
Parliament  for  the  following  reasons: 

the  recital  concerning  the  code  of  conduct  does  not  relate  to  any  of  the 
articles; 

the recital  on setting up a European penalty  points driving licence  system 
and that on mutual recognition of decisions to suspend or withdraw driving 
licences  fall  outside the proposal  remit; 

introducing  a universal  code  00, without  a definition,  would  run  counter 
to  the  proposal's  objective  which  is  to  define  harmonized  codes  which 
everyone  can easily  understand; 

the  obligation  to  subdivide  codes  before  31  December  1996  does  not 
correspond  to  the  content  of  Article  2  of  the  Commission  proposal. 
According to this provision the task of subdividing codes actually  falls on 
the  appropriate  committee,  which  must  take  scientific  and  technical 
progress  into  consideration;  this also applies  after  31.12.1996; 

the  amendment  concerning  the  committee's  composition  and  working 
methods is not in line with the provisions of Council Decision  87/373/EEC 
on  committee  procedure; 

the amendment on mutual recognition of decisions to suspend or withdraw 
driving  licences  falls  outside the  proposal  remit; 

the amendment on medical standards for driving falls outside the proposal 
remit. 

1 O J N oC  110,  16.4.1996,  p. 7. 
2 OJ No  C 204,  15.7.1996, p.20. 

B. 

The  Commission  thus amends its proposal  as  follows: 

Amendment  1: 
Amendment  2: 

addition  of the words  "and  sub-codes" 
addition  of the words: 
02  ... /  "communication  aid" 
03  ... /  "for  the limbs" 
70 and  71  ...  "(ECE/UN  symbol  of third country)" 
79 "Restricted to vehicles meeting the specifications  set out 
in parentheses,  with  reference  to the application  of  Article 
10(1) of  Directive  91/439/ECE". 

Amended  proposal  for  a 
COUNCIL  DIRECTIVE 
amending  Directive  91/439/EEC 
on driving  licences 

The Commission proposal  in document  COM(96) 55 final  - SYN 96/0040  3 is amended 
as  follows: 

Text  initially  proposed  by the 

Amended  text 

Commission 

(Amendment  1) 

Recital  3 

Whereas the codes applying  to the 
conditions  of  issue  governed  by 
Directive  91/439/EEC are valid 
throughout  the Community; 

Whereas the codes and  sub-codes 
applying  to the conditions  of  issue 
governed  by  Directive  91/439/EEC are 
valid  throughout  the  Community; 

3()J  NoC  110,  16.4.1996, p. 7. 

Text  initially  proposed  by the Commission 

Amended text 

(Amendment 2) 
ARTICLE 1 
Annex 1.2, sixth indent 
and  Annex  la 2.12 (Directive  91/439/EEC) 

- codes 01 to 99 = harmonized  Community  codes 

- codes 01 to 99 = harmonized  Community  codes 

01 
02 
03 

04 

05 

10 
15 
20 
25 
30 

35 
40 
42 
43 
44 
45 
50 

51 

55 
70 

71 

72 

73 

Eyesight correction 
Hearing aid 
Prosthesis/Orthosis for  the locomotive 
apparatus 
Subject  to the possession of a valid 
medical  certificate 
Driving  subject to restrictions  for  medical 
reasons 
Modified  transmission 
Modified  clutch 
Modified  braking systems 
Modified  accelerator  systems 
Modified  combined  braking and 
accelerator  systems 
Modified  control  layouts 
Modified  steering 
Modified  rear-view  mirror(s) 
Modified  driving seat 
Modifications  to motorcycles 
Motorcycle combinations only 
Restricted  to a specific  vehicle/chassis 
number 
Restricted  to a  specific 
vehicle/registration  mark 
Combinations of vehicle  modifications 
Exchange  of licence No ... issued by ... 

Duplicate of licence No ... 

Restricted to category-A  vehicles having 
a maximum cylinder capacity of  125 cm3 
and a maximum  power of  11 kW (Al) 

01 
02 
03 

04 

05 

10 
15 
20 
25 
30 

35 
40 
42 
43 
44 
45 
50 

51 

55 
70 

71 

72 

Eyesight correction 
Hearing  aid/communication  aid 
Prosthesis/Orthosis for  the limbs 

Subject  to the possession of a valid 
medical  certificate 
Driving subject to restrictions  for 
medical reasons 
Modified  transmission 
Modified  clutch 
Modified  braking  systems 
Modified  accelerator  systems 
Modified  combined  braking and 
accelerator  systems 
Modified  control  layouts 
Modified  steering 
Modified  rear-view  mirror(s) 
Modified  driving seat 
Modifications  to motorcycles 
Motorcycle combinations only 
Restricted to a specific  vehicle/chassis 
number 
Restricted to a  specific 
vehicle/registration  mark 
Combinations of vehicle  modifications 
Exchange of licence No ... issued by ... 
(ECE/UN  symbol of third  country) 
Duplicate of licence No ... (ECE/UN 
symbol of third  country) 

Restricted  to category-A  vehicles having 
a  maximum cylinder capacity  of  125 cm3 
and a maximum  power of  11 kW (Al) 

Restricted  to catcgory-B  vehicles of the 
motor tricycle  or quadricyclc type (Bl) 

73 

Restricted  to catcgory-B  vehicles of the 
motor tricycle  or quadricyclc  type (Bl) 

74 

75 

76 

77 

78 

Restricted  to  category-C  vehicles,  the 
maximum  authorized  mass  of  which  does 
not  exceed  7  500  kg  (C1 ) 
Restricted  to  category-D  vehicles  with 
not  more  than  16  passenger  seats, 
excluding  that  of  the  driver  (Dl) 
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) 
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  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) 
Restricted  to  vehicles  with  an  automatic 
transmission  (Annexes  II,  8.1.1 
Section  2) 

74 

75 

76 

77 

78 

79 

Restricted  to  category-C  vehicles,  the 
maximum  authorized  mass  of  which  does 
not  exceed  7  500  kg  (CI) 
Restricted  to  category-D  vehicles  with 
not  more  than  16 passenger  seats, 
excluding  that  of  the  driver  (Dl) 
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) 
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  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) 
Restricted  to  vehicles  with  an  automatic 
transmission  (Annexes  II,  8.1.1 
Section  2) 
Restricted  to  vehicles  meeting  the 
specifications  set  out  in  parentheses,  with 
reference  to  the  application  of  Article 
10(1)  of  Directive  91/439/EEC 

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. 

A  subdivision  of  the  codes  will  be  defined  by  31 
December  1996  in  line  with  the  provisions  of 
Article  2 of  this  Directive  and  more  particularly 
with  regard  to  codes  04,  05, 44  and  55. 

The  remainder  of  the text  is  unchanged. 

Done  at 

ISSN 0254-1475 

COM(96) 556 final 

DOCUMENTS 

EN 

07  06 

Catalogue  number  :  CB-CO-96-560-EN-C 

ISBN 92-78-10862-6 

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