Proposal for a Directive EC of the European Parliament and of the Council on driving licences (Recasting)
Date: 2003-10-21
Institutions: European Commission
Subjects: European driving licence, driving licence, harmonisation of standards, mutual recognition principle

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 21.10.2003
COM(2003) 621 final

2003/0252 (COD)

Proposal for a

DIRECTIVE EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on driving licences

(Recasting)

(presented by the Commission)

EXPLANATORY MEMORANDUM

INTRODUCTION

Background

Directive 91/439/EEC on driving licences1 is governed by two main principles: enhancing the
free  movement  of  Community  citizens  and  contributing  to  an  improvement  in  road  safety.
These  principles  continue  to  be  the  main  guidelines  for  the  future  legislation  on  driver
licensing.

From a quantitative viewpoint, European legislation on driving licences has a direct impact on
a  very  large  number  of  Community  citizens.  An  estimated  60%  of  the  overall  population
within the Union holds a valid driving licence (around 200 million citizens). A great number
of  these  citizens  make  cross-border  journeys  within  the  EU  for  private  or  professional
purposes,  and  every  year  many  citizens  change  country  of  residence.  The  direct  impact  of
Community driver licensing legislation on citizens therefore cannot be underestimated.

In  the  recent  past,  a  number  of  measures  have  been  taken  in  order  to  harmonise  existing
national  licensing  systems.  However,  the  legislation  on  driver  licensing  has  developed  in
stages and thus the degree of harmonisation of various aspects has been rather limited. Until
the  adoption  of  Council  Directive  80/1263/EEC,  the  main  act  of  international  law  was  the
Vienna  Convention  on  Road  Traffic  (1968)2.  This  Convention  dealt  with  international
cross-border  traffic.  Whenever  Community  citizens  took  up  residence  in  another  Member
State, bilateral agreements applied. In many cases, citizens had to exchange their licences and
pass  another  theory,  practical  and  medical  examination  in  order  to  obtain  a  driving  licence
issued  by  the  new  Member  State  of  normal  residence.  The  European  Court  of  Justice,
however, deemed this practice to be an obstacle to the free movement of persons and urged
the  institutions  to  adopt  the  necessary  legislation  in  that  field3.  The  “First  Council
Directive 80/1263/EEC on the introduction of a Community driving licence”4 thus introduced
the  principle  that  licences  issued  by  other  Member  States  had  to  be  recognised  without
imposing new checks. The licence holder, however, still had to exchange the licence  within
one year of taking up residence in a new Member State.

the 

legal 

remained  within 

By  requiring  that  licences  had  to  be  exchanged,  an  administrative  obstacle  to  the  free
movement  of  persons 
established  by
Directive 80/1263/EEC. Citizens were frequently unaware of this legal obligation, which was
not surprising given that no indication of the obligation was recorded on the driving licence.
Directive 91/439/EEC abolished this administrative procedure and the mandatory principle of
mutual  recognition  was  introduced.  However,  the  application  and  implementation  of  this
principle has been impeded by the fact that validity periods of licences and the periodicity of
the  medical  examination  were  not  harmonised.  As  the  legal  systems  of  driver  licensing
continue to differ considerably on those points in the 18 Member States of the EEA, the legal
uncertainty for citizens who take up residence in another Member State has increased instead

framework 

1

2

3

4

OJ L 237, 24.8.1991, p. 1.
Convention on Road Traffic, 8 November 1968, United Nations Treaty Series, Vol. 1042, p.17.
Case 16/78 Choquet [1978] ECR 2293.
OJ L 375, 31.121980, p. 1.

2

                                                
of  diminishing.  This  is  described  in  detail  in  the  “Interpretative  Communication  on
Community driver licensing” adopted by the Commission in March 20025.

It  is  essential  that  this  legal  uncertainty  for  citizens,  which  hinders  their  free  movement,  is
taken  away.  This  aspect  of  driver  licensing  falls  within  the  framework  of  the  much  wider
objectives  set  by  the  European  Council  in  the  “Lisbon  agenda”,  namely  achieving  100%
functioning of the internal market. Taking away the last obstacle to free movement in this area
can be seen as the end of a process of gradual harmonisation.

Anti-fraud protection

An aspect that has become increasingly important, most certainly after 11 September 2001, is
the aspect of anti-fraud protection. This aspect has been raised at EU level as well as by the
governmental experts responsible for driver licensing, and has been identified as a matter of
major concern.

It has to be stressed that under the present situation hardly any proper enforcement of driving
licences is possible.  Because of the lack  of harmonisation of validity  periods,  more  than  80
different models  and corresponding different entitlements  are valid  and  in  circulation  in  the
Member States. Yet a driving licence not  only  gives  access to all  kind  of  vehicles, possibly
with  considerable  weights  and  dimensions;  in  many  EU  countries  it  can  also  be  used  as  an
identification document to open a bank account or to book flights

Therefore,  for  the  reasons  of  anti-fraud  protection  and  free  movement  of  citizens,  it  is
proposed that:

(cid:1)  the paper driving licence model can no longer be issued with a view to further restricting
the  number  of  licence  models  in  circulation  today.  The  only  Community  driving  licence
model to be issued will be a plastic “credit” card type, which allows for higher protection
against fraud;

(cid:1)  further improvement in the protection against fraud be made by creating the possibility of
introducing a microchip. This will allow Member States choosing to introduce a microchip
on the driving licence to repeat the information printed on the card in the microchip. This
limited function thus makes it possible to increase anti-fraud protection (e.g. to secure it by
using for  example a  PKI (Public Key  Infrastructure) and/or a digital  signature and at  the
same  time  to  ensure  protection  of  the  data  and  information  relating  to  citizens.  The
function  of  the  microchip  is  explicitly  limited  to  the  function  of  a  driving  licence.  The
possibility of the licence being withdrawn after a serious offence is thus safeguarded;

(cid:1)  the  concept  be  introduced  of  limited  administrative  validity  of  driving  licences.  This

implies:

(cid:1)  the introduction of regular administrative renewal of driving licences, which will

allow the anti-fraud protection of all licences to be continuously updated;

5

OJ C 77, 28.3.2002, p. 5.

3

                                                
(cid:1)  the possibility of updating the photograph on the licence at the same time, which
is  another  anti-fraud  element  that  eases  the  administration  and  enforcement  of
driving licences.

Limited administrative validity does not call into question the right to drive a given category
of  vehicle,  it  merely  obliges  the  document  showing  this  right  to  be  renewed.  Citizens  will
keep  their  acquired  rights,  but  the  regular  renewal  of  the  document  will  help  to  reduce  the
extensive possibilities for fraud there are today.

It is this last measure that will allow at the same time the last remaining obstacles to the free
movement  of  citizens  to  be  completely  abolished.  As  all  newly  issued  driving  licences  will
have  the  same  administrative  validity,  which  is  shown  on  the  driving  licence,  no  further
national  rules  need  to  be  applied  or  calculated,  as  is  the  case  today.  The  right  to  drive  is
clearly  established  by  the  document  itself  and  thus  easy  to  recognise  by  the  holder,  the
administrative authorities and the enforcement authorities.

As  regards  driving  licences  that  are  already  in  circulation,  the  present  proposal,  with  the
newly introduced administrative validity, abolishes the right of Member States to apply their
own validity period to holders of licences issued by other Member States who establish their
normal  residence  on  their  territory.  Their  licences  will  remain  valid  as  stipulated  on  the
driving  licence.  Before  expiry,  the  holder  will  have  to  renew  the  driving  licence  in  the
Member State of normal residence. These provisions will finally provide the necessary legal
security for the holder of a driving licence.

There  is  no  proposal  to  exchange  all  existing  old  driving  licence  models,  either  for  lack  of
sufficient  anti-fraud  protection,  or  because  of  differing  validity  periods.  Such  a  provision
would  mean  that  millions  of  driving  licences  would  have  to  be  exchanged,  an  operation  of
such magnitude that it would be difficult to manage even when spread over a period of 5 or
10 years. It is therefore proposed that the limited administrative validity should only apply to
driving  licences  issued  from  the  date  of  application  of  this  Directive.  This  will  lead  to  a
gradual phasing-out of old models.

Of course, not renewing all existing licences will mean that for a lengthy period certain old
licence  models  that  are  in  circulation  will  have  less  anti-fraud  protection.  However,
Directive 91/439/EEC  already  obliged  Member  States  to  ensure  that  all  possible  anti-fraud
measures are taken, and this article has been redrafted to include the monitoring of fraud of
older  driving  licence  models,  leading  eventually  to  the  phasing-out  of  older  models.  This
makes it possible  to make  a  distinction  between  older  models  that  have  adequate  anti-fraud
protection  and  those  that  have  no  protection  whatsoever.  With  the  proposal  in  hand,  the
Commission will have the means to follow  up  this  matter  closely  and  initiate  the  necessary
procedures  if  such  licence  models  are  not  phased  out  by  the  Member  States  themselves.
However, the  responsibility will lie with the  member  States  as,  in  line  with  the  subsidiarity
principle, they are best placed to determine the pace of the replacement process.

All the above measures - the introduction of limited administrative validity for new licences
leading  to  a  gradual  reduction  of  the  number  of  licence  models,  the  deletion  of  the  paper
Community model driving licence and the possibility of inserting a microchip – will help to
increase  the  level  of  anti-fraud  protection  and  the  possibilities  of  enforcement.  These
measures  will  therefore  also  contribute  indirectly  to  road  transport  security,  an  important
factor for the protection of the citizens of the European Union, given the access available to
certain types of vehicles.

4

Road safety

Another  important  part  of  this  proposal  deals  with  aspects  that  will  help  to  enhance  road
safety.

With  regard  to  the  harmonisation  of  subcategories6,  Article  11  of  Directive  91/439/EEC
requires  the  Commission  to  table  a  proposal  within  five  years  of  entry  into  force  of  the
Directive (i.e. before 1 July 2001). Today, subcategories are optional.  The harmonisation of
subcategories  should  help  to  reinforce  the  principle  of  progressive  access  by  varying  the
minimum  age  requirements  between  16  and  24  years,  depending  upon  the  vehicle
characteristics  and/or  responsibilities  of  drivers  of  specific  vehicles.  As  such,  the  optional
subcategories should be redefined as mandatory categories.  A number of vehicle  definitions
have also been amended in this respect. These changes have to be considered in view of the
requirements for road safety.

This  proposal  will  also  bring  Directive  91/439/EEC  on  driving  licences  into  line  with  the
recent Directive 2003/59/EC on the initial qualification and periodic training of professional
drivers7. In this manner, the principle of progressive access will also be put in place for truck
and bus drivers who do not fall within the scope of Directive 2003/59/EC.

It is also important to mention at this point the introduction of a driving licence category for
mopeds. Being a popular means of transport,  especially for the  young, but at the same time
one of the most vulnerable categories of vehicle, mopeds should no longer be left outside the
scope of this legislation.

While  driver  licensing  has  been  harmonised  to  a  great  extent  and  mutual  recognition  is
established as a general principle, the person who plays a vital role in the process, the driving
examiner, has, so far, been left outside the scope of any harmonisation. Significant differences
currently exist with regard to the quality of their training,  whereas the  function  of  a  driving
examiner is identical in all Member States. Therefore, a new Annex IV should be introduced,
laying down minimum requirements for  the  initial qualification and  permanent  education of
driving  examiners.  This  should  eventually  result  in  raising  the  level  of  harmonisation  of
driving tests throughout the EU and the EEA.

At  the  time  of  administrative  renewal,  Member  States  can  impose  medical  checks  or  other
road safety measures, if they wish to do so. There will be no Community-wide obligation for
medical  checks  for  licence  holders  for  cars  or  motorcycles  for  the  moment.  For  holders  of
driving licences for trucks and buses, the periodicity of the already obligatory medical checks
will be harmonised and coincide with this administrative renewal.

Last  but  not  least,  the  present  proposal  addresses  the  issue  of  coherent,  pan-European
application of withdrawal of driving licences. This will be done by underpinning the principle
of  the  uniqueness  of  driving  licences  (one  holder  –  one  licence).  Today,  too  many  citizens
establish themselves in a different Member State in order to apply for a new driving licence
when their Member State of normal residence has withdrawn their driving licence because of
a serious traffic offence. This situation is highly unsatisfactory for road safety and amounts de

6

7

The sub-categories provided for by Directive 91/439/EEC are A1, B1, C1, C1+E, D1, D1+E. They are a
subdivision of the main categories A - motorcycles, B - cars, C - trucks and D – buses.
OJ L 226, 10.9.2003.

5

                                                
facto to an infringement of Directive 91/439/EEC8. The present proposal explicitly states that
Member  States  may  not  issue  a  new  driving  licence  to  a  person  whose  driving  licence  has
been  withdrawn  and  who  thus  indirectly  is  still  the  holder  of  another  driving  licence.  This
proposal  should  therefore  overcome  so-called  “driving  licence  tourism”  and  should
the  mutual  recognition  of  withdrawal  of  driving
complement 
licences9,which deals with the same matter for persons in international traffic, a matter dealt
with by the Geneva10 and Vienna Conventions11.

the  Convention  on 

Recasting

This  proposal  is  a  recasting  of  Directive  91/439/EEC,  in  line  with  the  Interinstitutional
Agreement  on  the  recasting  technique  for  legal  acts12.  This  means  that  it  incorporates  in  a
single  text  both  the  substantive  amendments  it  makes  to  Directive  91/439/EEC  and  the
unchanged  provisions  thereof.  This  proposal  will  replace  and  repeal  Directive  91/439/EEC.
This should help to make Community legislation more accessible and transparent.

Conclusion

In conclusion, the three main objectives of this proposal are as follows:

(cid:1)  reducing the possibilities of fraud: elimination of the possibility of issuing a paper model
driving  licence  in  favour  of  the  plastic  card  driving  licence  model  only;  possibility  of
introducing  a  microchip  on  the  driving  licence;  introduction  of  limited  administrative
validity for all new licences issued from the date of application of the proposal;

(cid:1)  guaranteeing  the  free  movement  of  citizens  by  the  same  means  of  introducing  limited
administrative  validity  and  by  harmonising  the  periodicity  of  medical  checks  for
professional drivers;

(cid:1)  contributing  to  improved  road  safety:  introduction  of  a  driving  licence  for  mopeds;
extension of the principle of progressive access to driving licences for the most powerful
types  of  vehicles;  introduction  of  minimum  requirements  for  the  initial  qualification  and
periodic training of driving examiners; underpinning of the principle of the uniqueness of
driving licence (one holder, one licence).

8

9

10

11

12

Article 7(5) of Directive 91/439/EEC stipulates that: “No person may hold a driving licence from more
than one Member State”.
Council  Act  of  17  June  1998  drawing  up  the  Convention  on  Driving  Disqualifications,  OJ  C  216,
10.7.1998.
Convention on Road Safety, 19 September 1949, United Nations Treaty Series, Vol.125, p.3.
See footnote 2.
Interinstitutional Agreement of 28 March 2001 on a more structured use of the recasting technique for
legal acts, OJ C 77, 28.3.2002.

6

                                                
I. REDUCING THE POSSIBILITIES OF FRAUD

I.1. Description of the present situation

(1)

(2)

(3)

(4)

(5)

13

14

15

A driving licence entitles the holder to drive a certain category of vehicle. This right
is  deemed  very  important  both  by  society  and  by  the  national  and  Community
legislator.  For  many  people,  the  acquisition  of  a  driving  licence  equals  access  to
greater  freedom  of  movement.  The  legislator  has  imposed  strict  rules  for  the  issue
and renewal of licences, which are entrusted to competent authorities and are based
on  the  principle  of  normal  residence.  This  makes  for  strict  control  of  the  entire
process.  Directive  91/439/EEC  goes  so  far  as  to  explicitly  forbid  any  person  from
holding more than one driving licence.

However, once a driving licence has been issued, not all Member States implement a
strict  follow-up  in  the  form  of  a  regular  renewal  of  the  document.  This  lack  of
harmonisation  on  validity  periods  of  driving  licences  is  the  main  reason  for  a  very
large  number  of  different  licence  models  (more  than  80)  currently  valid  and  in
circulation in the Member States of the European Economic Area, many of which are
not  in  accordance  with  the  harmonised  Community  models.  Many  are  several
decades old and very easy to falsify. As a result, enforcement in the field of driving
licences is almost non-existent in some Member States. Given the rights conferred by
a driving licence, this situation should be rapidly and drastically improved.

In  order  to  clarify  the  present  situation,  and  in  accordance  with  the  obligation  laid
down in Article 10 of Directive 91/439/EEC, the Commission adopted a Decision on
equivalences  between  certain  categories  of  driving  licences13.  This  Decision  is  an
overview of all valid licence models and lays down the corresponding entitlements in
terms of Article 3 of  Directive 91/439/EEC14. The tables of equivalences contained
within  the  above  Decision  are  of  considerable  complexity  and  do  not  clarify  the
matter beyond a mere description of all existing licences. Harmonisation of validity
periods would help gradually to reduce the number of licence models.

At  present,  the  validity  periods  for  car  and  motorcycle  licences  in  four  Member
States  are  not  limited  in  time.15  In  many  other  Member  States,  some  categories  of
licences  are  valid  for  several  decades.  By  introducing  a  harmonised  and  regular
mandatory  exchange  of  licences,  all  new  documents  could  be  updated  to  introduce
state-of-the-art security features to reduce the risk of forgery and fraud.

Regular renewal of the document would also guarantee that the photo on the driving
licence is a recent likeness of the holder. This problem is most pronounced in those
Member States where unlimited validity periods apply.

Commission Decision  2000/275/EC  of  21  March  2000  on  equivalences  between  certain  categories  of
driving licences, OJ L 091, 12 April 2000, p. 1.
An example of an equivalence: a licence of category “B” issued in Germany between 1 June 1982 and
2 October  1990  is  equivalent  to  categories  B,  B+E,  C1  and  C1+E  as  defined  in  Article  3  of
Directive 91/439/EEC.
Austria,  Belgium,  France  and  Germany.  However,  France  has  recently  decided  to  change  this  policy
and is about to implement new legislation on this topic.

7

                                                
(6)

As  a  side  effect,  these  measures  will  contribute  to  the  security  of  transport.  A
reduced  number  of  licence  models,  with  higher  anti-fraud  protection,  which  are
regularly  renewed  and  thus  more  easily  traceable,  will  enhance  the  possibilities  of
effective enforcement and proper administration.

I.2. Proposals

Proposal 1: deletion of Annex I, the paper model driving licence

(7)

To limit the number of different licence models that are in circulation, and to bring
the protection against fraud to a higher level, the paper Community driving licence
model should be abolished.

Proposal 2: optional introduction of a microchip

(8)

(9)

To  increase  the  protection  against  fraud  still  further,  Member  States  should  be
allowed to insert a microchip in the plastic card Community driving licence model.
Repetition of the information printed on the card in the microchip makes it possible
to increase the anti-fraud protection and at the same time to ensure protection of the
data and information relating to citizens. The function of the microchip is limited to
the function of a driving licence The possibility of the licence being withdrawn after
a serious offence is thus safeguarded.

The technical specifications remain to be established by the Commission through the
Committee procedure in order to safeguard future interoperability. This will enhance
the anti-fraud level of the document and will thus further increase the possibilities of
enforcement.  As  a  secondary  effect,  the  security  of  transport  operations  and
circulation with vehicles in general will be improved.

Proposal 3: administrative renewal (new Article 7, paragraph 2)

(10)

(11)

(12)

Licences of categories AM, A1, A2, A, B, B1 and B+E, which are issued by Member
States  after  the  entry  into  force  of  this  Directive,  will  have  a  maximum
administrative validity of 10 years. Licences of holders who are more than 65 years
of age will have a maximum administrative validity of 5 years.

Licences  of  categories  C,  C+E,  C1,  C1+E,  D,  D+E,  D1,  D1+E  issued  by  Member
States after the entry into force of this Directive will have a maximum administrative
validity of 5 years. Licences of holders who are more than 65 years of age will have
a maximum administrative validity of 1 year. This is already current practice in most
Member States.

The above administrative validity will apply to licences (of all categories) issued by
Member  States  before 
to
Directive 91/439/EEC  only  where  the  validity  indicated  on  the  licence  runs  out  or
when a licence has to be replaced in case of loss or theft.

amendment 

force  of 

entry 

into 

the 

the 

Expected results

(13)

Harmonised, mandatory and regular administrative  renewal  of  driving  licences  will
help to achieve the following goals:

8

(cid:1)  fraud prevention: all documents in circulation would be updated regularly, using
the most up-to-date security features to reduce forgery and fraud; the photo on the
document will be a recent likeness of the holder;

(cid:1)  gradual reduction of the number of licence models in circulation: this will help to
clarify  the  complex  situation  at  present  and  making  for  better  possibilities  of
enforcement;

(cid:1)  enhancement  of  free  movement  of  licence  holders:  validity  of  licences  will  be
harmonised,  no  further  restrictions  deriving  from  the  application  of  national
validity periods or from the imposition of regular medical checks.

(14)

The  rule  will  not  affect  acquired  rights  and  therefore  only  apply  to  newly  issued
licences. Only where a licence issued before entry into force of the present Directive
has  to  be  renewed  or  in  case  of  loss  or  theft  should  the  newly  introduced
administrative validity apply. The single plastic card driving licence model laid down
by the existing Directive will then have to be issued in accordance with Article 1(1)
and Annex I.

(15)

Because  of  the  importance  of  the  rights  conferred  by  a  category  C  or  D  (or  their
relevant  sub  and  trailer  categories)  driving  licence,  the  validity  period  of  such  a
licence issued from the age of 65 should be limited to 1 year.

II. GUARANTEEING THE FREE MOVEMENT OF CITIZENS

II.1. Description of the present situation

(16)

(17)

(18)

Article 1(2) of Directive 91/439/EEC lays down that all licences issued by a Member
State  have  to be  mutually  recognised. This principle  applies  without any  additional
obligation.16

At present, the principle of mutual recognition of licences issued in a Member State
is  obstructed  by  the  regular  application  of  national  provisions  on  the  validity  of
licences  and  the  periodicity  of  medical  examinations.  Such  a  practice  is  in
accordance  with  Article  1(3),  which  is  an  exception  to  the  general  principle  of
Article 1(2) referred to above.

Through  application  of  Article  1(3),  a  Community  citizen  who  changes  his  normal
residence  from  one  Member  State  to  another  may  have  to  undergo  a  medical
examination or find that his licence expires at a different time from the one noted on
the  licence,  which  would  have  applied  in  the  Member  State  issuing  his  licence.  At
present,  almost  all  Member  States  have  different  regimes  regarding  medical
examinations  and  the  period  of  validity  of  licences.  This  means  that  virtually  no
citizen who takes up normal residence in another Member State knows when his or

16

The determination of the scope of the principle of mutual recognition has been established by the ECJ
in paragraph 26 of C-193/94 Skanavi: “Article 1(2) […] provides for mutual recognition, without any
formality,  of  driving  licences  issued  by  Member  States”.  An  example  of  a  formality  would  be  the
mandatory registration of licences on the occasion of taking up residence in another Member State.

9

                                                
her licence will expire because of differing validity periods, or knows when he or she
has to undergo a medical check prescribed by that country’s legislation.

(19)

For  effective  mutual  recognition  of  all  licences  issued  in  Member  States  to  be
achieved  on  a  general  scale,  the  measures  outlined  below  on  validity  periods  and
medical checks are to be adopted.

Validity periods

(20)

(21)

Periods  of  validity  of  licences  are  not  yet  harmonised.  In  some  Member  States,
certain categories are issued for life; in others, licences have to be renewed at regular
intervals or from a certain age.

Article 1(3) provides that Member States may apply their national provisions to the
period of validity of licences. In practice, the validity regimes differ widely between
Member States. As a result, in most cases a different period of validity applies to a
licence  holder  in  the  event  of  changing  residence.  Where,  for  instance,  a  German
licence holder moves to The Netherlands, he will have a document indicating that the
licence is valid for life. The Netherlands will apply its legislation on validity periods
and  oblige  the  German  licence  holder  to  exchange  his  licence  after  a  period  of
10 years. Or if, for example, a Swedish licence holder goes to live in Spain to enjoy
some  of  his  years  as  a  pensioner,  then  he  will  be  confronted  with  the  Spanish
legislation  requiring  regular  medical  checks  and  licence  renewals  (instead  of  the
purely administrative renewal every 10 years in Sweden). This situation creates legal
uncertainty  and  a  lack  of  transparency.  This  has  been  expressed  by  the  complaints
received by the Commission from hundreds of citizens, to the effect that the principle
of  mutual  recognition  has  in  practice  not  been  effectively  achieved  and  their  free
movement not guaranteed.

(22) With  respect  to  licence  holders  who  establish  their  normal  residence  in  another
Member State, the additional practical problem of the calculation of validity periods
arises. Since the periods differ throughout the Member States, the holder of a licence
may be obliged to exchange his licence in a Member State where a shorter validity
period applies, which also undermines the principle of mutual recognition.

(23)

The  situation  described  above  lacks  transparency,  both  to  citizens  and  to
administrative  authorities,  and  creates  legal  uncertainty.  The  information  contained
in  the  licence  can  no  longer  be  trusted.  This  situation  can  only  be  clarified  by
harmonising  the  validity  periods  of  licences.  All  new  licences  issued  after  the
adoption  of  this  Directive  will  have  to  be  periodically  renewed  because  of  the
administrative validity period and will be exchanged  for a  new model  with state of
the art security features.

Medical examinations

(24)

This issue is closely linked to validity periods. In the majority of Member States the
imposition of medical examinations coincides with the period of validity of licences.
However,  the  periodicity  of  medical  examinations  has  not  been  harmonised  by
Directive 91/439/EEC. Article 1(3) allows Member States to apply the periodicity of
the  medical checks  they impose on their  citizens to  citizens taking up residence  on
their territory.

10

(25)

(26)

(27)

(28)

(29)

Annex  III  to  Directive  91/439/EEC  lays  down  the  minimum  standards  of  physical
and  mental  fitness  for  driving  a  power-driven  vehicle.  All  licence  holders  have  to
comply with the physical and mental requirements laid down in this Annex both at
the time of first issue and after obtaining a licence.

For  the  purposes  of  Annex  III  to  Directive  91/439/EEC,  the  categories  of  driving
licences  have  been  divided  into  two  groups.  Group  1  comprises  categories  A1,  A,
B1, B and B+E (cars and motorcycles), Group 2 consists of categories C1, C1+E, C,
C+E, D1, D1+E, D and D+E (buses and lorries).

As regards Group 1, no medical examination is imposed at the time of first issue of a
driving licence. A medical examination is only prescribed in cases of doubt as to the
applicant's ability to drive.  Nor  are medical examinations prescribed  after  a licence
has  been  obtained.  The  current  rules  governing  the  intervals  between  medical
examinations  for  these  car  and  motorcycle  licence  categories  are  not  the  same  in
most  Member  States.  Nonetheless,  three  main  approaches  can  be  identified
throughout the Member States:

(cid:1)  no mandatory medical examination at all once the licence holder has obtained the

initial driving licence;

(cid:1)  mandatory medical examinations from a certain age onwards; or

(cid:1)  mandatory medical examinations at 5 or 10-year intervals.

For drivers of buses and lorries (Group 2 vehicles) periodic medical examinations are
required  by  Directive  91/439/EEC.  The  intervals  between  the  examinations,
however,  are  not  specified.  In  practice,  all  Member  States  impose  regular  medical
examinations for this group of drivers, mostly in 5-year intervals.

Clarification  of  national  rules  governing  medical  examinations  would  remove  the
obstacles described to effective mutual recognition of licences and to free movement
of  persons.  This  could  be  achieved  by  harmonising  the  periodicity  for  Group  2
drivers  (trucks  and  buses)  whereas  for  Group  1  drivers  (cars  and  motorcycles)
Member States should be allowed to carry out such examinations if they so wish, but
at the  time of renewal only.  Such a measure  will enhance  transparency  for  citizens
and  authorities,  achieve  effective  free  movement  of  citizens  and  contribute  to
enhancing road safety.

II.2. Proposals

(30)

(31)

The  above  problems  can  be  solved  by  the  measure  proposed  in  point  I.2,  the
introduction  of  administrative  renewal.  This  proposal  will  guarantee  genuine  free
movement of citizens with regard to driving licences.

To  provide  for  the  introduction  of  an  administrative  validity  period,  Article  1(3)
should  be  deleted.  All  newly 
identical
administrative validity throughout the European Union. All old driving licences that
are  still  valid  and  in  circulation  will  have  to  be  recognised  as  such  without  the
possibility of restricting the validity or imposing restrictive measures such as medical
checks.

licences  will  have 

issued  driving 

11

III. CONTRIBUTING TO IMPROVED ROAD SAFETY

III.1. The issue of periodic medical examinations

Description of the present situation

(32)

Regular  medical  checks  of  drivers  of  buses  and  lorries  are  justified  because  of  the
increased  responsibility  of  such  drivers.  In  addition,  the  characteristics  of  such
vehicles  (weights,  dimensions,  load,  etc.)  and  the  amount  of  time  spent  driving
require  high  expertise  and  increased  physical  fitness.  The  examinations  to  be
undergone by such drivers will therefore be at regular intervals calculated  from the
date of issue of the licence. The requirements for the drivers of buses and lorries will
be more stringent than for drivers of cars and motorcycles.

(33)

Harmonisation  of  the  periodicity  of  medical  examinations  for  holders  of  Group 2
licences, particularly professional drivers, is also proposed because different medical
requirements in the Member States result in distortion of competition.

Proposal

(34) Without prejudice to any provisions that may be adopted by the Council in the future,
each  Member  State  may,  in  accordance  with  national  criteria,  lay  down  the
periodicity of medical examinations for categories AM A1, A2, A, B, B1 and B+E,
provided that such examinations coincide with administrative renewal of the licence.

(35)

(36)

An  examination  as  to  the  fulfilment  of  minimum  health  criteria  as  laid  down  in
Annex  III  to  the  Directive  on  driving  licences  has  to  be  carried  out  upon  each
administrative renewal of licences of categories C, C+E, C1, C1+E, D, D+E, D1 and
D1+E.

The  medical  examinations  to  be  undergone  must  coincide  with  the  administrative
renewal  of  the  licence  document.  This  will  enhance  transparency  for  citizens.  The
expiry date recorded on the licence must clearly indicate that the document has to be
renewed;  at  that  time  a  medical  examination  may  be  carried  out  for  Group  1  or
should be imposed for Group 2; a medical examination will not be required at a date
other than the expiry date recorded on the licence.

(37)

Medical  examinations  will  always  be  carried  out  in  the  Member  State  of  normal
residence  where  the  renewal  is  taking  place;  in  application  of  the  principle  of
subsidiarity, Member States themselves may designate the competent authority.

III.2. Definitions of vehicle categories17

(38)

Practical application of Directive 91/439/EEC revealed a  need to clarify definitions
of several vehicle categories. Furthermore, Article 11 of Directive 91/439/EEC lays
down the explicit obligation for the Commission to review subcategories within five
years of the entry into force of the Directive (i.e. before 1 July 2001) and to suggest
their  possible  harmonisation  or  elimination.  In  view  of  the  requirements  of  road

17

The expression “vehicle categories” is used to mean vehicles that can be driven with a given category of
driving licence.

12

                                                
safety,  the  concept  of  progressive  access  will  be  extended  to  certain  categories  of
licences. For the purpose of transparency, all categories will be mentioned below. All
subcategories  will be  made into  categories  in  the  proposed  amendment  and  will  be
introduced in all Member States, except for category B1, which will remain optional
for the moment.

III.2.1. Powered two-wheelers

Description of the present situation

Mopeds

(39)

At present, mopeds do not fall within the scope of Directive 91/439/EEC. However,
accident figures suggest the need for the introduction of a new vehicle category for
mopeds. In some Member States very young riders (as young as 14) are allowed to
ride  mopeds.  At  the  same  time  European  road  accident  statistics  indicate  a  highly
increased risk of accident involvement of very young road users. The introduction of
a  harmonised  category  AM  and  of  a  mandatory  theory  driving  test  can  help  to
provide for better control of this vulnerable group of road users and make them more
aware of traffic requirements.

(40)

It will also clarify the situation regarding moped riders crossing borders. In addition,
the proposal aims to avoid the present problems of citizens who wish to rent a moped
when on holiday. The entitlement to ride mopeds will be recognised throughout the
Union in the event of a change of residence of the licence holder.

Light motorcycles

(41)

Light  motorcycles  are  limited  today  to  125  cc  and  11  kW.  Directive  91/439/EEC
does not impose a power to weight ratio. This could lead to ever lighter vehicles, thus
achieving steadily increasing acceleration and top speed possibilities. The additional
introduction of a power/weight criterion will prevent the targeting of very light and
powerful vehicles at A1 licence holders.

Motorcycles

(42)

(43)

At present, Directive 91/439/EEC lays down the following rule on progressive access
to  heavy  motorcycles:  in  order  to  be  entitled  to  ride  motorcycles  exceeding  a
power/weight ratio of 0.16 kW/kg or a power of 25 kW, a driver is required to have
had 2 years of previous experience on a smaller motorcycle not exceeding the above
specifications. Thus, within the current category A for motorcycles, a limited and an
unlimited  category  have  been  created  by  Directive  91/439/EEC.  Each  of  the  two
types  of  motorcycle  is  indicated  by  a  different  pictogram  on  the  driving  licence
model, but no distinction is made in the designation as both are called category A.

The  limited  category  A  is  composed  of  many  downtuned  motorcycles.  In  many
cases, manufacturers produce motorcycles for category A unlimited within the range
of 300 cm³ to 1000 cm³ which they then artificially restrict to fall within category A
limited.  This  so-called  "downtuning"  sometimes  leads  to  the  production  of
motorcycles with characteristics which  are  not consistent with the restricted power.
Moreover, these motorcycles can also be tampered with before being ridden.

13

(44)

(45)

(46)

(47)

(48)

Furthermore,  drivers  could  easily  avoid  the  requirement  of  2  years  of  practical
driving  experience  simply  by  waiting  two  years  after  acquiring  an  “A  limited”
licence: for example, some applicants pass their examination at the age of 18, do not
drive at all and then buy a heavy motorcycle when they reach the age of 20.

Equally, Member States could waive the requirement of previous driving experience
by  granting  direct  access  to  unlimited  motorcycles  as  of  the  age  of  21.  Almost  all
Member  States  allow  for  direct  access.  Therefore,  applicants  could  wait  until  they
reach  the  age  of  21  and  in  practice  many  do  since  the  smaller  motorcycles  are  not
deemed to be sufficiently attractive.

As a result, many young drivers without practical experience ride the most powerful
class  of  motorcycles  and  the  current  provisions  do  not  make  it  possible  to  control
whether any experience has effectively been acquired on a limited motorcycle. This
practice  conflicts  with  road  safety,  and  therefore  needs  to  be  ended  by  introducing
newly defined vehicle, minimum age and access criteria.

The new criteria are designed to limit the possibilities for downtuning more powerful
motorcycles, thereby ending the practice of staged access without practical test and
raising  the  minimum  age  for  direct  access.  For  the  same  reasons,  the  definition  of
category  A  limited  should  be  revised  to  allow  novice  motorcyclists  to  gain
experience on slightly more powerful motorcycles.

Therefore,  the  current  category  A,  which  is  split  at  present  into  a  limited  and  an
unlimited part, will be renamed categories “A2” and “A” respectively. An additional
technical requirement  to avoid  “downtuning” of  motorcycles will  be  introduced  for
category A2. Progressive access to this category will be controlled by means of the
introduction of a limited practical test.

(49)

The  definition  for  heavy  motorcycles  remains  unchanged;  however,  the  minimum
age for direct access to this category will be raised (see below).

Proposal

Mopeds

(50)

Mopeds,  i.e.  two  or  three-wheel  vehicles  with  a  maximum  design  speed  not
exceeding 45 km/h and characterised by an engine whose cylinder capacity does not
exceed  50  cubic  centimetres  in  the  case  of  the  internal  combustion  type,  or  whose
maximum  continuous  rated  power  is  no  more  than  4  kW  in  the  case  of  an  electric
motor. Mopeds with a maximum design speed not exceeding 6 km/h as well as with
pedal assistance are excluded. In the case of a three-wheel type moped, the maximum
net  power  output  of  the  engine  may  not  exceed  4  kW  in  the  case  of  other  internal
combustion engines. This definition  is taken from Directive  2002/24/EC  relating to
the type-approval of two or three-wheel motor vehicles18.

18

Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 relating to the
type-approval  of  two  or  three-wheel  motor  vehicles  and  repealing  Directive  92/61/EEC,  OJ  L  124,
9.5.2002, p. 1.

14

                                                
(51)

(52)

As regards light quadricycles,  i.e. motor  vehicles  with  four  wheels, different traffic
rules apply in a variety of cases. It thus seems inappropriate to include this group of
vehicles in the present Directive. The definition is in line with Directive 2002/24/EC.

A theory test will be imposed as a minimum requirement for the entitlement to ride
mopeds. Member States may introduce further requirements, such as a practical test
or  a  medical  examination.  The  introduction  of  additional  requirements  must  not,
however, prevent mutual recognition of licences issued in other Member States.

Light motorcycles

(53)

(54)

The  definition  of  light  motorcycles  (category  A1)  should  be  amended  as  follows:
light motorcycles with a cylinder capacity not exceeding 125 cubic centimetres, of a
power not exceeding 11 kW and with a power/weight ratio not exceeding 0.1 kW/kg.

Article  3(5)  of  Directive  91/439/EEC,  which  lays  down  that  Member  States  may
impose additional restrictive rules, should be deleted.

Motorcycles

(55)

The definitions of motorcycles should be amended as follows:

(cid:1)  category  A2:  motorcycles,  with  or  without  a  sidecar,  of  a  power  not  exceeding
35 kW,  a  power/weight  ratio  not  exceeding  0.2  kW/kg  and  not  derived  from  a
vehicle of more than double its power;

(cid:1)  category A: motorcycles with or without sidecar.

General

(56)

(57)

A person holding a driving licence for  a category of powered two-wheelers has the
right to drive any of the lower categories of powered two-wheelers there may be.

If  a  person  has  already  obtained  a  driving  licence  for  category  A1  or  A2,  the
obligation  to  pass  a  theory  test  when  acceding  to  a  higher  motorcycle  category
should  be  dropped.  No  realistic  distinction  can  be  made  for  the  theory  to  be  tested
between  categories  A1,  A2  and  A.  This  will  rule  out  any  unnecessary  testing.
However,  the  practical  test  with  a  vehicle  of  the  relevant  category  should  be
maintained because of the different vehicle characteristics of both categories.

III.2.4. Motor vehicles (categories B, B+E and B1)

Description of the present situation

(58)

The current definition of category B, according to which vehicle-trailer combinations
of less than 3500 kg fall within category B if the maximum authorised mass of the
trailer  does  not  exceed  the  unladen  mass  of  the  tractor  vehicle,  results  in  practical
problems: drivers who change either the tractor vehicle or the trailer may be obliged
to  pass  an  additional  examination  for  category  B+E.  Moreover,  some  vehicle
combinations, the properties and characteristics of which require particular skills to
drive  bigger  trailers,  fall  within  category  B  and  not  B+E  (in  some  cases  the
combinations exceed 10 metres in length). A  clear weight limit must be introduced

15

rather  than  a  tractor  vehicle/trailer  ratio:  trailers  with  a  maximum  authorised  mass
exceeding 750 kg may only be driven with a B+E licence. Even drivers of C and D
vehicles have to pass an additional examination in order to be entitled to tow trailers
of more than 750 kg. These new trailer definitions for categories B and B+E are in
line  with  technical  requirements  insofar  as  in  practice  a  braking  system  is  required
for trailers with more than 750 kg.

Proposal

(59)

The definitions of motor vehicle categories should be amended as follows:

(cid:1)  category  B:  motor  vehicles  with  a  maximum  authorised  mass  not  exceeding
3500 kg  and  not  transporting  more  than  8  passengers  in  addition  to  the  driver;
motor vehicles in this category may be combined with a trailer having a maximum
authorised mass not exceeding 750 kg;

(cid:1)  category  B+E:  combination  of  vehicles  consisting  of  a  tractor  vehicle  in

category B and a trailer, the latter having a maximum of more than 750 kg.

(60) With regard to category B1, motor-powered tricycles and quadricycles, the definition
has  been  brought  into  line  with  Directive  2002/24/EC.  Category  B1  will  remain
optional.

III.2.5. Lorries and buses (categories C1, C1+E, C, C+E, D1, D1+E, D, D+E)

Description of the present situation

(61)

(62)

(63)

(64)

All lorry and bus categories: the current definitions of Directive 91/439/EEC refer to
the number of seats. This leads to a situation where, for example, a vehicle such as a
bus  with  mainly  standing  passengers  and  only  a  few  seats  may  be  driven  by  a
category B or D1 licence holder, instead of a category D licence holder. This goes for
all  licence  categories.  The  definition  should  therefore  refer  to  the  number  of
passengers rather than to the number of seats.

Categories  C1 and D1: Subcategories C1 and D1  are  currently  optional  and  do  not
exist  in  all  Member  States  of  the  European  Union  and  of  the  EEA.  These
subcategories  should  be  introduced  as  categories  in  all  Member  States  as  they  will
allow  for  a  better  distinction  in  terms  of  licensing  between  the  biggest  trucks  and
buses mostly used for commercial transport and the smaller trucks and buses used for
different purposes.

The  definitions  of  categories  C1  and  D1  should  be  revised  in  order  to  take  fuller
account  of  the  technical  characteristics  of  vehicles  which  fall  within  this  group.
Additional  new  criteria  relating  to  the  capacity  and  length  of  such  vehicles  will  be
inserted.

A  C1  licence  holder  is  allowed  to  drive  vehicles  ranging  from  3500  to  7500  kg.
Within these limits, two different types of vehicles are on the market: vehicles up to
around 6000 kg and those above. Vehicles with a mass of less than 6000 kg are not
fitted with  air  brakes or suspension systems and are  generally built on  an extended
chassis  for  B  vehicles.  Vehicles  exceeding  6000  kg  are  fitted  with  air
brake/suspension  systems  and  thus  are  more  like  smaller  lorries  and  differ

16

(65)

(66)

(67)

structurally from vans below 6000 kg. The existence of two technically very different
types of vehicles in the same driving licence category leads to a number of unwanted
effects.  First  of  all,  the  licence  holder  is  trained  and  tested  on  the  smaller  vehicle
whereas he is also allowed to drive the bigger vehicle which needs different driving
skills. Secondly, vehicles between 6000 and 7500 kg are derived from the 12000 kg
category of lorries: they are thus easily overloaded.

Furthermore,  there  are  plans  to  introduce  an  equivalence,  which  will  entitle  D1
licence  holders  to  drive  C1  vehicles  and  vice  versa,  provided  the  age  requirements
for  the  two  categories  are  met.  The  chassis  of  C1  vehicles  of  less  than  6000  kg  is
generally of  the same  design  as  D1  vehicles;  only  the  upper  bodies  of  the  vehicles
differ.

Categories D1 and  D: The definitions of categories D1  and  D  should  be  revised  to
include new criteria relating to the capacity and length of such vehicles.

As  regards  categories  C,  C1,  D,  D1  and  their  respective  trailer  categories,
progressive access is  a  clear  requirement  of  road  safety.  This  derives  from  the  fact
that  driving  such  vehicles  requires  increased  experience  due  to  the  specific
characteristics  of  vehicles  falling  within  these  groups,  notably  as  regards  their
weights, dimensions, technical characteristics and their handling. Progressive access
of this kind will be ensured by continued reference to the Community legislation on
the  initial  qualification  and  periodic  training  of  professional  drivers  and  should  be
brought in line with that legislation.19 In this way, non-professional drivers will also
be subject to the principle of progressive access.

(68)

In order to be comprehensive, all definitions are given below, even where they have
not been amended.

Proposal

(69)

The definitions of the motor vehicle categories should be amended as follows:

(cid:1)  category  C:  motor  vehicles  used  for  the  transport  of  goods,  the  maximum
authorised mass of which exceeds 3500 kg and  not  transporting  more  than  eight
passengers  in  addition  to  the  driver;  motor  vehicles  in  this  category  may  be
combined with a trailer having a maximum authorised mass not exceeding 750 kg;

(cid:1)  category C+E: combinations of vehicles where the tractor vehicle is in category C
and its trailer has a maximum authorised mass of over 750 kg. (not amended);

(cid:1)  category  C1:  motor  vehicles  used  for  the  transport  of  goods,  the  maximum
authorised mass of which exceeds 3500 kg, but does not exceed 6000 kg, and not
transporting more than eight passengers in addition to the driver;  motor vehicles
in  this  category  may  be  combined  with  a  trailer  having  a  maximum  authorised

19

Directive  2003/59/EC  of  the  European  Parliament  and  of  the  Council  of  15  July  2003  on  the  initial
qualification  and  periodic  training  of  drivers  of  certain  road  vehicles  for  the  carriage  of  goods  or
passengers, amending  Council Regulation  (EEC)  No  3820/85  and  Council  Directive  91/439/EEC  and
repealing Council Directive 76/914/EEC, OJ L 226, 10.9.2003.

17

                                                
mass  not  exceeding  750  kg.  The  optional  subcategory  will  be  made  into  a  full
category and be introduced in all Member States;

(cid:1)  category C1+E: combinations of vehicles where the tractor vehicle is in category
C1 and its trailer has a maximum authorised mass of over 750 kg, provided that
the maximum authorised mass of the combination thus formed does not exceed 12
000 kg, and that the maximum authorised mass of the trailer does not exceed the
unladen mass of the tractor vehicle. (not amended);

(cid:1)  category  D:  motor  vehicles  for  the  transport  of  passengers  with  a  capacity  to
transport more than 8 passengers in addition to the driver; motor vehicles in this
category may be combined with a trailer having a maximum authorised mass not
exceeding 750 kg;

(cid:1)  category D+E: combinations of vehicles where the tractor vehicle is in category D
and its trailer has a maximum authorised mass of over 750 kg. (not amended);

(cid:1)  category  D1:  motor  vehicles  for  the  transport  of  passengers  with  a  capacity  to
transport  not  more  than  16  passengers  in  addition  to  the  driver  and  with  a
maximum length not exceeding seven metres; motor vehicles in this category may
be combined with a trailer having a maximum authorised mass not exceeding 750
kg;

(cid:1)  category D1+E: combinations of vehicles where the tractor vehicle is in category
D1 and its trailer has a maximum authorised mass of over than 750 kg, provided
that:

(cid:1) 

(cid:1) 

firstly, the maximum authorised  mass of  the combination thus formed
does  not  exceed  12  000  kg  and  the  maximum  authorised  mass  of  the
trailer does not exceed the unladen mass of the tractor vehicle;

secondly,  the  trailer  is  not  used  for  the  transport  of  persons.  (not
amended)

III.3. Minimum ages

Description of the present situation

(70)

(71)

(72)

Harmonisation  of  minimum  ages  contributes  to  the  free  movement  of  persons  and
has a direct impact on road safety.

Increasing  the  minimum  age  for  direct  access  to  heavy  motorcycles  is  an  urgent
requirement to improve road safety. Accident statistics prove that the accident risk of
novice drivers of heavy motorcycles is particularly high for drivers under 24 years of
age. The minimum age limit should therefore be raised from the present 21 years to
24 years.

At  the  same  time,  the  minimum  number  of  years  imposed  for  progressive  access
should be raised from two to three years, thus extending the experience requirement.
Progressive  access  to  such  motorcycles  should  always  be  subject  to  a  separate

18

practical  examination  on  vehicles  in  the  respective  category,  so  that  progressive
access without the possession of practical driving skills is no longer possible.

(73)

The level of training standards for professional drivers has recently been established
by Directive 2003/59/EC of the European Parliament and of the Council on the initial
qualification  and  periodic  training  of  drivers20.  Progressive  access  has  been
established for these drivers. The remaining, non-professional drivers, as referred to
in  Article  2  of  the  said  Directive,  should  similarly  be  allowed  access  to  these
categories of licences, giving access to the higher categories only at a higher age.

Proposals

(74)

(75)

(76)

The  age  limit  for  A1  and  B1  remains  unchanged;  for  AM  it  will  be  16  years,  but
Member  States  may  authorise  access  to  AM  from  the  age  of  14  having  effect  on
national territory only.

The  age  limits  for  categories  B  and  B+E  will  remain  unchanged.  The  derogation
from  this  minimum  age  in  Article  6(2)  of  Directive  91/439/EEC,  however,  will  be
limited to category B: Member States may authorise access to B from the age of 17
having effect on national territory only.

To make for progressive access to categories C1, C, D1, D and their respective trailer
categories  based  on  the  weights  and  dimensions  of  the  vehicles  driven,  licences  of
categories C1 and C1+E will be issued to applicants from the age of 18 and licences
of categories C and C+E from the age of 21. A similar distinction will be made for
licences of categories D1 and D1+E which can be issued from the age of 21, whereas
licences of categories D and D+E can only be issued from the age of 24. This applies
to non-professional licence holders and is without prejudice to the rules laid down for
professional drivers in conformity with Community rules on the initial qualification
and periodic training as established by Directive 2003/59/EC.

(77) Where  the  applicant  has  acquired  at  least  three  years  driving  experience  on  a
motorcycle of category A2 and has passed a specific practical test for category A, he
will be entitled to drive vehicles of category A from the age of 21. The practical test
will be limited to driving in traffic, without any manoeuvring and technical  control
requirements being imposed. Attention will focus on driving outside urban areas and
on  high-speed  road  infrastructure.  Bearing  in  mind  road  safety,  direct  access  to
category A will be limited to drivers who are at least 24 years of age.

(78)

Minimum ages would thus be as follows:

(cid:1)  categories  AM,  A1  and  B1:  16  years;  14  years  possible  for  AM  (on  national

territory only)

(cid:1)  category A2: 18 years

(cid:1)  categories  B  and  B+E:  18  years;  17  years  possible  for  B  (on  national  territory

only)

20

See footnote 7.

19

                                                
(cid:1)  categories C1 and C1+E: 18 years

(cid:1)  categories C and C+E: 21 years

(cid:1)  categories D1 and D1+E: 21 years

(cid:1)  categories D and D+E: 24 years

(cid:1)  category A: 21 years / 24 years.

III.4. Progressive access to motor vehicles

(79)

(80)

In  order  to  allow  some  form  of  progressive  access  to  be  put  in  place  in  future
amendments to this legislation, category B1 should remain optional.

The present proposal for a new Directive should allow Member States to reduce the
administrative renewal of driving licences issued for the first time to a period of three
years. In this way, specific measures can be applied to novice drivers to allow them
to acquire more experience under set conditions.

III.5. Minimum requirements for driving examiners

Description of the present situation

(81)

Although  still  incomplete,  Community  harmonisation  of  driving  licence  legislation
has  been  achieved  to  such  an  extent  that  the  introduction  of  harmonised  minimum
standards  for  the  qualifications  and  experience  of  driving  examiners  has  to  be
identified as a priority. The standards as regards the training and education of driving
examiners  vary  widely  throughout  the  different  Member  States.  Since  theory  and
practical  tests  have  been  harmonised  in  detail,  harmonisation  of  the  minimum
requirements  for  driving  examiners  is  necessary  in  order  to  make  test  results
comparable throughout the EU. Furthermore, appropriate training of  examiners is a
requirement  of  road  safety.  Refresher  courses  are  necessary  in  order  to  maintain
examiners’  proper  skills  and  experience  in  an  ever  faster  changing  technical
environment.

(82)

In  view  of  the  described  gradual  progress  in  the  harmonisation  of  driver  licensing,
minimum  standards  for  the  initial  qualification  of  examiners  should  be  introduced,
along  with regular refresher  courses.  At  the same time, certain basic  conditions  for
entering the profession of driving examiners have to be set.

Proposal (new Annex IV to Directive 91/439/EEC)

(83)

(84)

Driving examiners must always have a valid licence in the respective category they
are examining. Furthermore, they must have obtained an initial qualification and be
obliged to participate in periodic training.

Examiners must be trained extensively on fundamental subjects and obtain an initial
qualification before being allowed to examine. Progressive access will apply in order
to  be  entitled  to  test  different  categories:  at  first,  examiners  will  test  applicants  for
category  B  (which  account  for  90%  of  all  examinations);  only  after  gaining

20

experience  on  these  tests  and  after  obtaining  additional  qualification  for  other
categories may they test applicants in other categories.

IV. VARIOUS

IV.1. Evaluation (Article 15)

(85)

Five  years  after  the  deadline  for  transposition  of  this  Directive  into  national
legislation, an evaluation of the newly introduced provisions will be carried out with
regard  to  definitions  of  categories  (and  minimum  ages)  and  their  effects  on  road
safety.  At  the  same  time,  an  evaluation  with  regard  to  the  possible  introduction  of
progressive access to category B, including category B1, will also be carried out.

IV.2. Adaptations of the Community model (Annex I)

(86)

Categories  AM,  A1,  A2  and  A  will  be  indicated  on  the  licence  model  issued  after
entry into force of the present proposal (layout of the Community model).

IV.3. Testing vehicles (Annex II)

(87)

New  testing  vehicles  for  motorcycles  will  have  to  be  defined,  given  the  changed
definitions for motorcycle categories (described in III.2. above).

V. SUBSIDIARITY ASPECTS

(88)

(89)

The Community already has competence in the area of driving licences by virtue of
Council  Directive  91/439/EEC,  repealing  the  first  Directive  on  driving  licences,
Directive  80/1263/EEC.  The  amendments  outlined  above  remain  within  the
competencies conferred upon the Community by virtue of Article 71(1)(c) of the EC
Treaty. Under this provision the European Parliament and the Council must, acting in
accordance with the co-decision procedure, lay down measures to improve transport
safety.

To a large extent, the proposed amendments aim to improve road safety as an aspect
of  transport  safety.  They  will  improve  the  overall  European  standard  of  driver
licensing-related safety aspects by means of harmonised driver licensing legislation.
Furthermore, a large number of the proposed measures are designed to enhance the
free  movement  of  driving  licence  holders,  who  represent  a  large  proportion  of
European  citizens.  This  ties  in  with  the  objectives  of  the  “Lisbon  Agenda”.
Moreover,  the  case  law  of  the  Court  of  Justice  of  the  European  Communities
underlines  the  effects  that  driver  licensing  may  have  on  the  free  movement  of
citizens, one of the core liberties guaranteed by the Union Treaty.

(90)

The proposed measures will indirectly enhance the security of transport through the
enhanced  anti-fraud  protection  of  the  Community  licence  model,  the  optional
introduction of a microchip and the deletion of the paper model Community driving
licence.

(91)

The objectives of the proposed legislative measures cannot be sufficiently achieved
by the Member States alone. National systems of driver licensing vary widely and in

21

particular  do  not  emphasise  the  aspects  of  free  movement  and  freedom  of
establishment.  Again,  this  has  been  clearly  stressed  by  the  Court  of  Justice  of  the
European Communities.

22

2003/0252 (COD)

(cid:1) 91/439EEC (adapted)

Proposal for a

DIRECTIVE …/…/EC OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL

of […]

on driving licences

(Recasting)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular
Article (cid:2) 71 (cid:3) 75 thereof,

Having regard to the proposal from the Commission21,

Having regard to the opinion of the European Economic and Social Committee22,

Acting in accordance with the procedure laid down in Article 251 of the Treaty23,

Whereas:

(cid:1) 91/439/EEC recital 1 (adapted)

Whereas, for the purpose of the common transport policy, and as a contribution to improving
road  traffic  safety,  as  well  as  to  facilitate  the  movement  of  persons  settling  in  a
Member State other than that in which they have passed a driving test, it is desirable
that there should be a Community model national driving licence mutually recognised
by the Member States without any obligation to exchange;

21

22

23

JO no C 48 27.2.1989, p. 1.
JO no C 159 26.6.1989, p. 21.
JO C

23

                                                
(cid:1) 91/439/EEC recital 2 (adapted)

Whereas  the  first  step  in  this  direction  was  taken  with  the  First  Council  Directive
80/1263/EEC,  of  4  December  1980  on  the  introduction  of  a  Community  driving
licence24,  which  established  a  Community  model  national  licence  and  the  mutual
recognition by Member States of national licences as well as the exchange of licences
by holders transferring their place of normal  residence or place of employment  from
one Member State to another; whereas the progress made must be continued;

Whereas  the  Community  model  national  licence  established  by  Directive  80/1263/EEC
should  be  adapted  to  take  account,  inter  alia,  of  the  harmonisation  of  categories  and
subcategories  of  vehicles  and  to  make  licences  more  readily  comprehensible  both
inside and outside the Community;

(cid:1) 91/439/EEC recital 3 (adapted)

(cid:4) new

(1)

(2)

(3)

Council  Directive  91/439/EEC  of  29  July  1991  on  driving  licences25  has  been
substantially  amended  several  times.  When  introducing  new  amendments,  it  is
appropriate to recast the Directive for the sake of clarity.

Despite the progress achieved with harmonising the rules on driving licences, there are
still fundamental differences between the laws of the Member States, which need to be
harmonised  more  fully,  in  order  to  contribute  to  the  implementation  of  Community
policies.  The  rules  on  driving  licences  are  essential  factors  in  the  implementation  of
the common transport policy and with a view to improving road safety, and facilitating
the movement of persons taking up residence in a Member State other than the one in
which  the  licence  was  issued.  Given  the  importance  of  private  transport,  the  fact  of
holding  a driving  licence  duly recognised  by  a host Member State  will  promote  free
movement and freedom of establishment of citizens.

The possibility of laying down national provisions with regard to the period of validity
provided  for  in  Directive  91/439/EEC  leads  to  the  co-existence  of  different  rules  in
different Member States and over 80 different models of driving licences valid in the
Member States. This creates problems of transparency  for  citizens, police forces  and
the administrations responsible for the administration of driving licences and leads to
the falsification of documents which sometimes date back several decades. For these
reasons,  it  is  appropriate  to  harmonise  the  rules  concerning  the  period  of  validity  of
driving  licences  issued  or  renewed  as  from  the  the  date  on  which  this  Directive
becomes applicable.

24

25

OJ No L 375, 31.12.1980, p. 1.
OJ L 237, 24.8.1991, p. 1. Directive last amended by Directive 2003/59/EC of the European Parliament
and of the Council of 15 July 2003 (OJ L 226, 10.9.2003, p. 4).

24

                                                
(4)

(5)

(6)

The introduction of an administrative period of validity will make it possible to renew
driving  licences  regularly  in  order  to  apply  the  most  recent  counter-falsification
measures and apply at the time of periodic renewal the medical examinations or other
measures  provided  for  by  the  Member  States,  such  as  courses  to  update  theoretical
knowledge or practical skills.

The Member States may impose medical examinations as a  guarantee  of compliance
with  the  minimum  standards  of  physical  and  mental  aptitude  for  driving  a  motor
vehicle. For reasons of transparency, this frequency should coincide with the renewal
of  driving  licences  where  an  examination  is  required  and  is  therefore  determined  by
the period of validity of the licence.

Compliance with minimum standards with regard to physical and mental aptitude for
driving  a  motor  vehicle  for  drivers  of  vehicles  used  for  the  transport  of  persons  or
goods  in  certain  categories  should  be  checked  in  a  medical  examination  when  the
driving licence  is  issued,  and periodically  thereafter,  in  accordance  with  the  national
legislative  provisions;  it  is  necessary  to  harmonise  the  frequency  of  medical
examinations  in  order  to  contribute  to  the  free  movement  of  workers,  to  avoid
distortions  of  competition  and  to  take  into  account  the  liability  of  drivers  of  such
vehicles.

(7) With  regard  to  minimum  ages,  it  is  necessary  to  strengthen  further  the  principle  of
progressive  access  to  the  categories.  For  the  different  categories  of  two-wheel
vehicles,  and  the  different categories of vehicles  used for the transport  of  persons or
goods,  it  is  appropriate  to  vary  still  further  the  procedures  governing  access  to  the
categories  of  licences.      Category  B1  should  remain  optional,  with  a  possibility  of
derogation  as  to  the  minimum  age,  in  order  to  allow  the  introduction  of  progressive
access to that category in the future.

(8)

(9)

(10)

The  categories  should  be  harmonised  in  order  to  strengthen  the  principle  of
progressive access.

The  definitions  both  of  these  new  categories  and  of  the  existing  categories  should
reflect  to  a  greater  extent  the  technical  characteristics  of  the  vehicles  concerned  and
the control needed to drive a vehicle.

Introducing a category of driving licences for mopeds will, in particular, increase road
safety as regards the youngest drivers who, according to the statistics, are the hardest
hit by road accidents.

(11) On road safety grounds, the minimum requirements for the issue of a driving licence

should be laid down.

(cid:1) 91/439/EEC recital 4

25

Whereas  Article  3  of  Directive  80/1263/EEC  stipulates  that  final  provisions  generalising  in
the Community the categories of vehicles mentioned in that Article should be adopted
without the possibility of derogation, as should the conditions of validity of driving;

(cid:1) 91/439/EEC recital 5 (adapted)

Whereas  provision  should  be  made  for  the  possibility  of  subdividing  the  said  categories  of
vehicles  in  order  to  promote,  in  particular,  access  in  gradual  stages  to  driving  such
vehicles in the interests of road safety and to take account of existing national;

(cid:1) 91/439/EEC recital 6 (adapted)

(12)

Specific  provisions  should  be  adopted  to  make  it  easier  for  physically  handicapped
persons to drive vehicles.

(cid:1) 91/439/EEC recital 7

(cid:1) 91/439/EEC recital 8 (adapted)

Whereas  Article  10  of  Directive  80/1263/EEC  provides  for  more  detailed  harmonisation  of
the standards for driving tests and licensing; whereas to this end the knowledge, skills
and  behaviour  connected  with  driving  motor  vehicles  should  be  defined  and  the
driving test based on these concepts; whereas the minimum standards of physical and
mental fitness for driving such vehicles should be redefined;

Whereas  the  provisions  set  out  in  Article  8  of  Directive  80/1263/EEC,  and  in  particular  the
obligation  to  exchange  driving  licences  within  a  period  of  one  year  of  changing
normal residence; constitute an obstacle to the free movement of persons; whereas this
is inadmissible in the light of the progress made towards European integration;

(cid:1) 91/439/EEC recital 9 (adapted)

(cid:1) 91/439/EEC recital 10
(adapted)

(13)

For reasons connected with road safety and traffic, Member  States should  be able to
apply  their  national  provisions  on  the  withdrawal,  suspension  and  cancellation  of
driving  licences  to  all  licence  holders  having  acquired  normal  residence  in  their
territory.

26

(cid:4) new

(14)

(15)

The model driving licence as set out in Directive 91/439/EEC should be replaced by a
single model in the form of a plastic card. At the same time, this model driving licence
needs  to  be  adapted  on  account  of  the  introduction  of  a  new  category  of  driving
licences for mopeds.

The introduction of an optional microchip in the model driving licence in the form of a
credit card should enable the Member States to improve still further the level of anti-
fraud protection. The technical requirements for the microchip will determined by the
Commission, assisted by the committee on driving licences.

(16) Minimum  standards  concerning  access  to  the  profession  of  examiner  should  be
established,  in  order  to  improve  the  knowledge  and  skills  of  examiners,  to  ensure  a
more  objective  evaluation  of  driving 
to  achieve  greater
harmonisation  of  driving  examinations,  and  to  reinforce  the  general  principle  of
mutual recognition of driving licences.

licence  applicants, 

(17)

(18)

The Commission should be allowed to undertake the adaptation of Annexes I to IV to
technical progress.

It  is  appropriate  to  take  the  requisite  measures  to  implement  this  Directive  in
accordance  with  Council  Decision  1999/468/EC  of  28  June  1999  laying  down
procedures for the exercise of implementing powers conferred on the Commission26.

(19) Given  that  the  objectives  of  the  action  envisaged  cannot  be  achieved  sufficiently  by
the Member States and may, therefore, on  account  of their  scale  and  their  effects  be
better achieved at Community level, the Community can take measures in accordance
with Article 5 of the Treaty. In accordance with the proportionality principle as set out
in  that  Article,  this  Directive  does  not  exceed  what  is  necessary  to  achieve  those
objectives.

(20)

This Directive must not prejudice the obligations of the Member States concerning the
deadlines for transposition into national law and application of the Directives listed in
Annex V, Part B,

26

OJ L 184, 17.7.1999, p. 23.

27

                                                
(cid:1) 91/439/EEC (adapted)
(cid:5)1 96/47/EC Art. 1, pt. 1
(cid:5)2 94/72/EC Art. 1

(cid:2) HAVE (cid:3) HAS ADOPTED THIS DIRECTIVE:

Article 1

(cid:1) Model licence (cid:2)

1.

2.

Member  States  shall  introduce  a  national  driving  licence  based  on  the  Community
model described  in Annex  I(cid:5)1 or  I a (cid:6), in accordance  with  the  provisions  of  this
Directive.(cid:5)2 However,  the  Republic  of  Finland  and  the  Kingdom  of  Sweden  may
continue  to  issue  driving  licences  based  on  their  present  model  until  31  December
1997. (cid:6)

(cid:4) new

Member States shall have the right to incorporate in the driving licences which they
issue  a  microchip  as  soon  as  the  technical  requirements  are  laid  down  by  the
Commission    in  accordance  with  the  procedure  provided  for  in  Article  10.  The
Commission shall ensure that the technical requirements concerning the microchip to
be incorporated in the driving licence provide for EC type-approval, which shall only
be  granted  when  the  ability  to  resist  attempts  to  tamper  with  or  alter  data  is
demonstrated.  The  microchip  incorporates  driving  licence  data  and  may  not  have
functions other than those directly related to the driving licence.

(cid:1) 91/439/EEC (adapted)

(cid:1) Article 2

Mutual recognition (cid:2)

2. Driving licences issued by Member States shall be mutually recognised.

3. Where the holder of a valid national driving licence takes up normal residence in a Member
State other than that which issued the licence, the host Member State may apply to the holder
of the licences its national rules on the period of validity of the licences, medical checks and
tax  arrangements  and  may  enter  on  the  licence  any  information  indispensable  for
administration.

28

(cid:1) 91/439/EEC Art. 2 (adapted)

Article 3

(cid:1) Anti-forgery measures (cid:2)

(cid:1) 91/439/EEC
(cid:7) new

1.

2.

The emblem  on  page 1 of the  Community model  driving  licences  shall  contain  the
distinguishing sign of the Member State issuing the licence.

Member States shall take all necessary steps to avoid any risk of forgery of driving
licences  (cid:7) ,  including  that  of  model  driving  licences  issued  before  the  entry  into
force of this Directive. They shall inform the Commission thereof (cid:8).

3. With the agreement of the Commission, Member States may make to the model  given in
Annex I (cid:5)1or I a (cid:6) such adjustments as are necessary for computer processing of the driving
licence.

(cid:1) 91/439/EEC (adapted)
(cid:5)1 96/47/EC Art. 1, pt. 1

4.  Without  prejudice  to  provisions  to  be  adopted  by  the  Council  in  this  regard,  the  model
driving licences specified in Annexes  I  and  Ia may not contain any computerised  electronic
devices.

(cid:1) 96/47/EC Art. 1, pt. 2 (adapted)

(cid:1) 91/439/EEC Art. 3 (adapted)

Article 4

(cid:1) Categories (cid:2)

1.

The driving licence provided for in Article 1 shall authorise the driving of vehicles in
the following categories:

(cid:1) 91/439/EEC

29

Category AM:

(cid:4) new

–  Mopeds,  namely  two-  or  three-wheel  vehicles  with  a  maximum  design  speed
exceeding  6  km/h  but  not  exceeding  45  km/h  and  characterised  by  an  engine
whose cubic capacity does not exceed 50 cubic centimetres in the case of the
internal  combustion  type,  or  whose  maximum  continuous  rated  power  is  no
more than 4 kW in the case of an electric motor. In the case of a three-wheel
moped, the maximum net power output of the engine may not exceed 4 kW in
the case of other internal combustion engines;

Category A1:

– 

Light  motorcycles  with  a  cylinder  capacity  not  exceeding  125  cubic
centimetres,  of  a  power  not  exceeding  11  kW  and  with  a  power/weight  ratio
not exceeding 0.1 kW/kg;

Category A 2:

– 

motorcycles,  with  or  without  a  sidecar,  of  a  power  not  exceeding  35  kW,  a
power/weight ratio not exceeding 0.2 kW/kg and not derived from a vehicle of
more than double its power;

Category A:

– 

motorcycles, with or without a sidecar ;

Category B 1:

– 

motor-powered tricycles and quadricycles;

(cid:1) 91/439/EEC

(cid:4) new

(cid:1) 91/439/EEC (adapted)
(cid:7) new

Category B:

– 

motor  vehicles  with  a  maximum  authorised  mass  not  exceeding  3500  kg  and
having not more than eight seats in addition to the driver's seat(cid:7) transporting
no more than 8  passengers  in addition to the driver (cid:8);  motor  vehicles  in this
category may be combined with a  trailer  having  a  maximum  authorised  mass
not exceeding 750 kg;

30

–  combinations  of  a  tractor  vehicle  in  category  B  and  a  trailer,  where  the  maximum
authorised  mass  of  the  combination  does  not  exceed  3 500  kilograms  and  the  maximum
authorised mass of the trailer does not exceed the unladen mass of the tractor vehicles;

(cid:1) 91/439/EEC (adapted)

(cid:1) 91/439/EEC (adapted)
(cid:7) new

Category B + E:

– 

combination  of  vehicles  consisting  of  a  tractor  vehicle  in  category  B  and  a
trailer where  (cid:7) the  maximum  authorised  mass  exceeds  750  kilograms (cid:8)  and
the combination does not come within category B;

Category C 1:

(cid:4) new

– 

motor vehicles used for the transport of goods, the maximum authorised mass
of which exceeds 3500 kg,  but does not  exceed  6000  kg, and  transporting no
more  than  eight  passengers  in  addition  to  the  driver;  motor  vehicles  in  this
category may be combined with  a trailer having  a maximum authorised mass
not exceeding 750 kg;

Category C 1 + E:

– 

combinations  of  vehicles  where  the  tractor  vehicle  is  in  category  C1  and  its
trailer or semi-trailer has a maximum authorised mass of over 750 kg, provided
that  the  maximum  authorised  mass  of  the  combination  thus  formed  does  not
exceed  12  000  kg,  and  that  the  maximum  authorised  mass  of  the  trailer  or
semi-trailer does not exceed the unladen mass of the tractor vehicle;

(cid:1) 91/439/EEC (adapted)
(cid:7) new

Category C:

– 

motor vehicles used for the transport of goods, other than those in category D,
whose maximum authorised mass is over 3 500 kilograms (cid:7) and transporting
no  more  than  eight  passengers  in  addition  to  the  driver (cid:8)  ;  motor  vehicles
(cid:2) which may be driven with a category C licence (cid:3) in this category may be
combined  with  a  trailer  having  a  maximum  authorised  mass  which  does  not
exceed 750 kilograms ;

31

(cid:1) 91/439/EEC
(cid:7) new

Category C + E:

– 

combinations  of  vehicles  where  the  tractor  vehicle  is  in  category  C  and  its
trailer  (cid:7) or  semi-trailer (cid:8)  has  a  maximum  authorised  mass  of  over
750 kilograms;

Category D 1:

(cid:4) new

– 

motor vehicles used for the transport of passengers with a capacity to transport
not  more  than  16  passengers  in  addition  to  the  driver  and  with  a  maximum
length  not  exceeding  seven  metres;  motor  vehicles  in  this  category  may  be
combined  with  a  trailer  having  a  maximum  authorised  mass  not  exceeding
750 kg;

Category D 1 + E:

– 

combinations  of  vehicles  where  the  tractor  vehicle  is  in  category  D1  and  its
trailer has a maximum authorised mass of over than 750 kg, provided that that
the maximum authorised mass of the combination thus formed does not exceed
12 000 kg,  and  that  the  maximum  authorised  mass  of  the  trailer  does  not
exceed the unladen mass of the tractor vehicle;

(cid:1) 91/439/EEC (adapted)
(cid:7) new

Category D:

– 

motor  vehicles  used  for  the  carriage  of  persons  and  with(cid:7) transporting  more
than  eight  passengers  in  addition  to  the  driver (cid:8)more  than  eight  seats  in
addition to the driver's seat; motor vehicles in this category (cid:2) which may be
driven with a Category D licence (cid:3)may be combined with a trailer having a
maximum authorised mass which does not exceed 750 kilograms;

Category D + E:

(cid:1) 91/439/EEC

– 

combinations  of  vehicles  where  the  tractor  vehicle  is  in  category  D  and  its
trailer has a maximum authorised mass of over 750 kilograms.

32

Trailers cannot be used for the transport of persons.

(cid:4) new

2. Within categories A, B, B + E, C, C + E, D and D + E, a specific driving licence may be
issued for the driving of vehicles in the following subcategories:

(cid:1) 91/439/EEC (adapted)

Subcategory A 1:

light  motorcycles  with  a  cubic  capacity  not  exceeding  125  cm3  and  of  a  power  not

– 
exceeding 11 kW;

Subcategory B 1:

–  motor-powered tricycles and quadricycles;

Subcategory C 1:

–  motor  vehicles  other  than  in  category  D  and  whose  maximum  authorised  mass  is  over
3 500 kilograms but not more than 7 500 kilograms; motor vehicles in this subcategory may
be  combined  with  a  trailer  having  a  maximum  authorised  mass  which  does  not  exceed  750
kilograms;

Subcategory C 1 + E:

–  combinations of vehicles where the tractor vehicle is in subcategory C1 and its trailer has
a maximum authorised mass  of over  750  kilograms,  provided  that  the  maximum  authorised
mass  of  the  combination  thus  formed  does  not  exceed  12 000  kilograms,  and  that  the
maximum  authorised  mass  of  the  trailer  does  not  exceed  the  unladen  mass  of  the  tractor
vehicle;

Subcategory D 1:

–  motor  vehicles  used  for  the  carriage  of  passengers  and  having  more  than  eight  seats  in
addition to the driver's seat but not more than 16 seats in addition to the driver's seat; motor
vehicles  in  this  subcategory  may  be  combined  with  a  trailer  having  a  maximum  authorised
mass which does not exceed 750 kilograms;

Subcategory D 1 + E:

–  combinations of vehicles where the tractor vehicle is in subcategory D1 and its trailer has
a maximum authorised mass of over than 750 kilograms, provided that:

– 

firstly, the maximum authorised mass of the combination thus formed does not
exceed 12 000 kilograms and the maximum authorised mass of the trailer does
not exceed the unladen mass of the tractor vehicle,

– 

secondly, the trailer is not used for the transport of persons.

33

(cid:2) 2 (cid:3) 3.

For the purpose of this (cid:2) Directive (cid:3):

(cid:1) 91/439/EEC (adapted)

–  (cid:2) (a) (cid:3)-«Power-driven  vehicle»  means  any  self-propelled  vehicle  running

on a road under its own power, other than a rail-borne vehicle;

(cid:4) new

b)

(c)

(d)

The  term  «moped»  does  not  include  light  quadricycles  or  cycles  with  pedal
assistance;

«Tricycle» means a vehicle with three symmetrical wheels and an engine with
a  cubic  cap(acity  in  excess  of  50  c.c.  in  the  case  of  an  internal  combustion
engine and/or the maximum design speed of which is in excess of 45 km/h ;

«Quadricycle» means a vehicle other than a light quadricycle the unladen mass
of which is no more than 400 kg (550 kg for vehicles used for the transport of
goods), disregarding the battery mass in the case of an electric vehicle, where
the net maximum power of the engine does not exceed 15 kW ;

(cid:1) 91/439/EEC (adapted)
(cid:5)1 97/26/EC Art. 1, pt. 1

–  «Tricycle»  and  «quadricycle»  mean  respectively  any  three  and  four-wheeled  vehicle  in
category  B  with  a  maximum  design  speed  of  over  è1 45  km/h ç  or  powered  by  a  spark-
ignition internal combustion engine with a cubic capacity of more than 50 cm3 or any other
engine of equivalent power. The unladen mass shall not exceed 550 kilograms. The unladen
mass of electrically propelled vehicles shall not take account of the battery mass.

Member States may set lesser standards regarding the unladen mass and add others,
such as the maximum cubic category or power;

(cid:4) new

– 

(e)«Motorcycle»  means  any  two-wheel  vehicle  having  a  maximum  design
speed of more than 45 km/h, or if it is fitted with an internal combustion engine
having a cubic capacity of more than 50 cm3.  The sidecar is assimilated to this
type of vehicle;

–  «Motorcycle» means any two-wheel vehicle 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/;

(cid:1) 97/26/EC Art. 1, pt. 1 (adapted)

34

(cid:1) 91/439/EEC (adapted)

–  (cid:2)( f) (cid:3)-  «Motor  vehicle»  means  any  power-driven  vehicle,  other  than  a
motorcycle, which is normally used  for  carrying persons or  goods  by  road or
for  drawing,  on  the  road,  vehicles  used  for  the  carriage  of  persons  or  goods.
This  term  shall  include  trolleybuses,  i.e.  vehicles  connected  to  an  electric
conductor  and  not  rail-borne.  It  shall  not  include  agricultural  or  forestry
tractors;

–  (cid:2) (g) (cid:3)- «Agricultural or forestry tractor» means any power-driven vehicle
running on wheels or tracks, having at least two axles, the principal function of
which lies in its tractive power, which is specially designed to pull, push, carry
or  operate  certain  tools,  machines  or  trailers  used  in  connection  with
agricultural or forestry operations, and the use of which for carrying persons or
goods by road or drawing, on the road, vehicles used for the carriage of persons
or goods is only a secondary function.

3.

Category B1 shall be optional.

(cid:4) new

(cid:1) 91/439/EEC (adapted)

4.  Member  States  may,  after  consulting  the  Commission,  derogate,  provided  that  this  is
mentioned in the driving licence, from the speeds indicated in the second and third indents of
paragraph 3, provided that they stipulate lower speeds.

5. For subcategory A1, Member States may impose additional restrictive rules.

(cid:2) 4. (cid:3) 6.  With the agreement of the Commission, Member States may exclude from the
application  of  this  Article  certain  specific  types  of  power-driven  vehicle  such  as
special vehicles for the disabled.

(cid:1) 91/439/EEC Art. 4 (adapted)

Article 5

 (cid:1) Conditions - Restrictions (cid:2)

1.

Driving  licences  shall  state  the  conditions  under  which  the  driver  is  authorised  to
drive.

(cid:1) 91/439/ EEC

35

2.

If,  because  of  a  physical  disability,  driving  is  authorised  only  for  certain  types  of
vehicle  or  for  adapted  vehicles,  the  test  of  skills  and  behaviour  provided  for  in
Article 7 shall be taken in such a vehicle.

(cid:1) 91/439/ EEC Art. 5 (adapted)

Article 6

(cid:1) Equivalences between categories (cid:2)

1.

The issue of driving licences shall be subject to the following conditions:

(cid:1) 91/439/ EEC

(a)

(b)

licences for categories C and D shall be issued only to drivers already entitled
to drive vehicles in category B;

licences  for  categories  B  +  E,  C  +  E,  D  +  E  shall  be  issued  only  to  drivers
already entitled to drive vehicles in categories B, C and D respectively.

2.

The validity of driving licences shall be determined as follows:

(a)

(b)

(c)

(d)

licences  for  categories  B  +  E,  C  +  E,  D  +  E  shall  be  issued  only  to  drivers
already entitled to drive vehicles in categories B, C and D respectively;

licences  for  categories  B  +  E,  C  +  E,  D  +  E  shall  be  issued  only  to  drivers
already entitled to drive vehicles in categories B, C and D respectively.

(cid:4) new

licences for categories C1 or C1+E shall be validated for driving category D1
or D1+E vehicles respectively if the holder is at least 21 years old;

licences for categories D1 or D1+E shall be validated for driving category C1
or C1+E vehicles respectively.

(cid:1) 91/439/EEC (adapted)
(cid:7) new

3.

For driving on their territory, Member States may grant the following equivalences:

(a)

power-driven tricycles and quadricycles under a licence for category A or A1;

(b)

light motorcycles under a licence for category B..

36

4.

Member States may, after consulting the Commission, authorise the driving on their
territory of:

(a)

(b)

vehicles  of  category  D1  (maximum  16  seats  in  addition  to  the  driver's  seat
(cid:7) with (cid:8)  a  maximum  authorised  mass  of  3 500  kilograms,  excluding  any
specialised  equipment  intended  for  the  carriage  of  disabled  passengers)  by
holders  over  21  years  old  of  a  driving  licence  for  category  B  which  was
obtained at least two years before provided that the vehicles are being used by
non-commercial  bodies  for  social  purposes  and  that  the  driver  provides  his
services on a voluntary;

vehicles of a maximum authorised mass exceeding 3 500 kilograms by holders
over  21  years  old  of  a  driving  licence  for  category  B  which  was  obtained  at
least two years before, provided that the main purpose of the vehicles is to be
used only when stationary as an instructional or recreational area, and that they
are being used by non-commercial bodies for social purposes and that vehicles
have  been  modified  so  that  they  may  not  be  used  either  for  the  transport  of
more  than  nine  persons  or  for  the  transport  of  any  goods  other  than  those
strictly necessary for their purposes.

(cid:1) 91/439/EEC Art. 6 (adapted)

Article 7

(cid:1) Minimum age (cid:2)

1.

The minimum age conditions for the issue of driving licences shall be as follows:

(cid:1) 91/439/EEC

a)

16 years:

– 

for category AM;

(cid:4) new

– 

– 

for subcategory A 1;

pour la subcategory B 1;

(cid:1) 91/439/EEC (adapted)

b)

18 years:

(cid:1) 91/439/EEC

37

(cid:1) 91/439/EEC (adapted)
(cid:7) new

– 

for  category  A  (cid:7) 2 (cid:8)  ;  however,  access  to  the  driving  of  motorcycles
with  a  power  exceeding  25 kW  or  a  power/weight  ratio  exceeding  0,16
kW/kg  (or  motorcycles  with  sidecars  with  a  power/weight  ratio
exceeding  0,16  kW/kg)  shall  be  subject  to  a  minimum  of  two  years'
experience on motorcycles with lower specifications under an A licence;
this  requirement  as  to  previous  experience  may  be  waived  if  the
candidate  is  at  least  21  years  old,  subject  to  the  candidate's  passing  a
specific test of skills and behaviour

– 

for categories B, B + E;

(cid:1) 91/439/EEC

(cid:1) 91/439/EEC (adapted)

– 

for categories C, C + E and subcategories C1, C1 + E, without prejudice to the
provisions  for  the  driving  of  such  vehicles  in  Council  Regulation  (EEC)  No
3820/85  of  20  December  1985  on  the  harmonisation  of  certain  social
legislation relating to road transport27;

(cid:4) new (adapted)

– 

for categories C1 and C1+E, without prejudice to the provisions for  the
driving  of  such  vehicles  in  Directive  2003/59/EC  of  the  European
Parliament and of the Council28;

c)

21 years:

(cid:1) 91/439/EEC

(cid:1) 91/439/EEC (adapted)

– 

for categories D and D + E and subcategories D1, D1 + E, without prejudice to
the provisions for the driving of such vehicles in Regulation (EEC) No 3820/85

27

28

OJ L 370, 31.12.1985, p. 1.
OJ L 226, 10.9.2003, p. 4.

38

                                                
(cid:4) new (adapted)

– 

– 

for  category  A,  provided  that  the  applicant  has  acquired  at  least  three
years  of  driving  experience  on  a  motorcycle  of  category  A2  and  has
in
passed  a  specific  practical 
Article 8(1) (d);

for  category  A as  defined 

test 

for categories C, C+E, D1 and D1+E, without prejudice to the provisions
for the driving of such vehicles in Directive 2003/59/EC of the European
Parliament and of the Council;

(d)

24 years:

– 

– 

for category A;

for  categories  D  and  D+E,  without  prejudice  to  the  provisions  for  the
driving of such vehicles in Directive 2003/59/EC;

(cid:1) 91/439/EEC (adapted)
(cid:7) new

2.

Member  States  may  derogate  from  the  minimum  age  requirements  laid  down  for
categories A, B and B + E and issue such driving licences for such categories from
the age of 17 years, except in the case of the provisions for category A laid down in
the last sentence  of  the first indent of paragraph  1 (b).. (cid:7) and  for category  B1 and
issue this category only from the age of 18. Member States may refuse to recognise
the  validity  on  their  territory  of  a  driving  licence  for  categories  B  and  B1  if  the
holder is under 18 years of age (cid:8).

(cid:4) new

Member  States  may  derogate  from  the  minimum  age  requirements  laid  down  for
category  AM  and  issue  this  category  from  the  age  of  14  ans.  Member  States  may
refuse to recognise the validity on their territory of a driving licence for category AM
if the holder is under 16 years of age.

3.  Member  States  may  refuse  to  recognise  the  validity  in  their  territory  of  driving  licences
issued to drivers under 18 years of age

(cid:1) 91/439/EEC (adapted)

39

(cid:1) 91/439/EEC Art. 7 (adapted)

Article 8

(cid:1) Issue – Validity - Renewal (cid:2)

1.

Driving licences shall, moreover, be issued only to those applicants:

(a) who have passed a test of skills and behaviour and a theoretical test and who
meet  medical  standards,  in  accordance  with  the  provisions  of  Annexes  II
and III;

(cid:1) 91/439/EEC

(cid:4) new

(b) who  have  passed  a  knowledge  test  only  as  regards  category  AM;  Member
States may require applicants to pass a test of skills and behaviour, as well as a
medical  examination  in  the  case  of  category  AM  driving  licences  issued  by
them;

(c) who have passed a test of skills and behaviour only in the case of an applicant
for  a  category  A2  driving  licence  who  has  acquired  at  least  two  years
experience on a motorcycle covered by an A1 licence;

(d) who have passed a test of skills and behaviour only in the case of an applicant
for a category A driving licence who has acquired at least two years experience
on a motorcycle covered by an A2 licence; this test may be restricted to driving
in traffic, specifically focusing on traffic on roads outside built-up areas;

(cid:2) (e) (cid:3) b) who  have  their  normal  residence  in  the  territory  of  the  Member  State
issuing the licence, or can produce evidence that they have been studying there
for at least six months.

(cid:1) 91/439/EEC (adapted)

2. Without prejudice to provisions to be adopted by the Council in this regard, each Member
State shall retain the right to determine, on the basis of national criteria, the period of validity
of the driving licences which it issues.

3. Member States may, with the agreement of the Commission, derogate from the provisions
of Annex III where such derogations are compatible with the development of medical science
and with the principles laid down in that Annex.

40

(cid:4) new

2.

As  from  [date  fixed  in  Article  17  (2)],  licences  issued  by  Member  States  for
categories AM, A1, A2, A, B, B1 and  B+E shall have an administrative validity of
10 years. Licences in those categories issued to drivers who are 65 years of age shall
have a validity of 5 years. Member States may limit the period of validity of the first
driving licence issued to novice drivers for categories A and B to 3 years in order to
be able to apply specific measures to such drivers, so as to improve their road safety.

As  from  [date  fixed  in  Article  17  (2)],  licences  issued  by  Member  States  for
categories  C,  C+E,  C1,  C1+E,  D,  D+E,  D1,  D1+E  shall  have  an  administrative
validity of 5 years. Licences in those categories issued to drivers who are 65 years of
ageshall have a validity of 1 year.

However,  if  a  driving  licence  already  issued  before  the  entry  into  force  of  the
Directive has to be renewed because it has expired, the different periods of validity
indicated in the first and second subparagraphs shall apply to this renewal.

3.

The renewal of driving licences when they expire shall be subject to:

(a)

an  examination  based  on  the  minimum  standards  of  physical  and  mental
aptitude for driving as set out in Annex III for driving licences in categories C,
C+E, C1, C1+E, D, D+E, D1, D1+E ;

(b)

normal  residence  in  the  territory  of  the  Member  State  issuing  the  licence,  or
evidence that applicants have been studying there for at least six months.

Member States may, when renewing driving licences in categories A, A1, A2, B, B1
et  B+E,  require  an  examination  applying  the  minimum  standards  of  physical  and
mental aptitude for driving as set out in Annex III.

4.

5.

(cid:1) 91/439/EEC

Without  prejudice  to  national  criminal  and  police  laws,  Member  States  may,  after
consulting the Commission,  apply to the  issue  of  driving licences the provisions of
their  national  rules  relating  to  conditions  other  than  those  referred  to  in  this
Directive.

(cid:1) 91/439/EEC (adapted)
(cid:7) new

No  person  may  hold  more  than  one  driving  licence.  from  more  than  one  Member
State. (cid:7) Member States shall take the necessary measures to ensure that an applicant
for  a  first  driving  licence  or  for  a  renewed  driving  licence  does  not  already  hold  a
licence,  whether  it  be  valid  or  whether  it  has  been  suspended  by  the  authorities  in
another Member State.  They shall further ensure that the applicant is not the subject
of  an order by the authorities of any Member State, prohibiting the issuance to him
of a driving licence.(cid:8)

41

(cid:1) 97/26/CE Art. 1, pt. 2 (adapted)
(cid:7) new

Article 7a (cid:1) 9

Committee (cid:2)

1.  A  subdivision  of  the  harmonised  Community  codes  set  out  in  Annexes  I  and  Ia  shall  be
defined in accordance with the procedure laid down in Article 7b, with particular reference to
codes 04, 05, 44 and 55.

This procedure shall also be followed for deciding whether the use of certain subdivisions of
harmonised Community codes should, if necessary, be made compulsory.

2.  The  amendments  necessary  to  adapt  the  parts  of  Annexes  I  and  Ia  which  concern  the
harmonised  codes  and    Annexes  (cid:7) I to  IV(cid:8)  II,  and  III to  scientific  and  technical  progress
shall be adopted in accordance with the procedures laid down in Article (cid:2) 10 (cid:3) .

(cid:1) 1882 Art. 3 and Ann. III pt 24
(adapted)

Article 7b (cid:1) 10

Committee procedure (cid:2)

(cid:1) 1882 Art. 3 and Ann. III pt 24

1.

2.

The  Commission  shall  be  assisted  by  a  committee  on  driving  licences,  hereinafter
referred to as «the Committee».

Where reference is made to this Article, Articles 5 and 7 of  Decision 1999/468/EC
shall apply, in accordance with Article 8 thereof.

The period provided for in Article 5 (6) of Decision 1999/468/EC shall be 3 months.

3.

The Committee shall adopt its own rules of procedure.

42

(cid:4) new

Article 11

Examiners

From the entry into force of this Directive, driving licence examiners shall meet the minimum
standards  set  out  in  Annex  IV.  Driving  licence  examiners  already  working  in  that  capacity
before the [date fixed in Article 17 (2)] need not gain the initial qualification under point 2 of
that Annex.

(cid:1) 91/439/EEC Art. 8 (adapted)

Article 12

(cid:1) Various provisions concerning the recognition of driving licences (cid:2)

1.

2.

3.

4.

5.

(cid:1) 91/439/EEC

Where  the holder of  a valid national driving licence issued by a  Member  State  has
taken up normal residence in another Member State, he may request that his driving
licence  be  exchanged  for  an  equivalent  licence;  it  shall  be  for  the  Member  State
effecting the exchange to check, if necessary, whether the licence submitted is in fact
still valid.

Subject to observance of the principle of territoriality of criminal and police laws, the
Member  States  of  normal  residence  may  apply  its  national  provisions  on  the
restriction, suspension, withdrawal or cancellation of the right to drive to the holder
of a driving licence issued by another Member State and, if necessary, exchange the
licence for that purpose.

The  Member  State  effecting  the  exchange  shall  return  the  old  licence  to  the
authorities of the Member State which issued it and give the reasons for so doing.

A Member State may refuse to recognise the validity of any driving licence issued by
another Member State to a person who is, in the former State's territory, the subject
of one of the measures referred to in paragraph 2.

A Member State may likewise refuse to issue a driving licence to an applicant who is
the subject of such a measure in another Member State.

A replacement for a driving licence which has, for example, been lost or stolen may
be obtained from the  competent authorities of the State in which the holder has his
normal residence; those authorities shall provide the replacement on the basis of the
information  in  their  possession  or,  where  appropriate,  proof  from  the  competent
authorities of the Member States which issued the original licence.

43

6.

Such an exchange may occur only if the licence issued by the third country has been
surrendered to the competent authorities of the Member State making the exchange.
If the holder of this licence transfers his normal residence to another Member State,
the latter need not apply Article 1 (2).

(cid:1) 91/439/EEC (adapted)
(cid:7) new

Such an exchange may occur only if the licence issued by the third country has been
surrendered to the competent authorities of the Member State making the exchange.
If the holder of this licence transfers his normal residence to another Member State,
the  latter  need  not  apply  (cid:7) the  principle  of  mutual  recognition  set  out  in (cid:8)
Article (cid:2) 2 (cid:3) .

(cid:1) 91/439/EEC Art. 9 (adapted)

Article 13

(cid:1) Normal residence (cid:2)

(cid:1) 91/439/EEC

For the purpose of this Directive, «normal» residence means the place where a person usually
lives, that is for at least 185 days in each calendar year, because of personal and occupational
ties, or, in the case of a person with no occupational ties, because of personal ties which show
close links between that person and the place where he is living.

However,  the  normal  residence  of  a  person  whose  occupational  ties  are  in  a  different  place
from his personal ties and who consequently lives in turn in different places situated in two or
more Member States shall be regarded  as being the place  of his personal ties, provided that
such person returns there regularly.  This last condition need not be met where the person is
living in a Member State in order to carry out a task of a definite duration. Attendance  at a
university or school shall not imply transfer of normal residence.

44

(cid:1) 91/439/EEC Art. 10 (adapted)

Article 14

(cid:1) Equivalences between non-Community model licences (cid:2)

With the agreement of the Commission, Member States shall establish equivalences between
the categories of licence issued before implementation of this Directive and those defined in
Article (cid:2) 4 (cid:3) .

(cid:1) 91/439/EEC (adapted)

(cid:7) After consulting (cid:8) With the agreement of  the Commission, Member States may make to
their national legislation such adjustments as are necessary  for the purpose of  implementing
the provisions of Article 12 (4), (5) and (6).

(cid:1) 91/439/EEC (adapted)
(cid:7) new

(cid:1) 91/439/EEC Art. 11 (adapted)
(cid:7) new

Article 15

(cid:1) Review (cid:2)

Five years after this Directive has been put into effect, theThe Council, acting on a proposal
from  the  Commission,  shall  review  the  national  provisions  concerning  any  optional
subcategories which may have been established in accordance with Article 3, with a view to
their  possible  harmonisation  or  elimination  (cid:7) the  Community  provisions  concerning  the
categories  referred  to  in  Article  4  and  the  minimum  ages  laid  down  in  Article  7,  and  their
impact on road safety, as well as the possible introduction of progressive access to category
B, including category B1 by [5 years after the date fixed in Article 17 (2)], at the latest. (cid:8)

45

(cid:1) 91/439/EEC Art. 12 (adapted)
(cid:7) new

Article 16

(cid:1) Cooperation between Member States (cid:2)

1. After consulting the Commission, Member States shall, before 1 July 1994, adopt the laws,
regulations or administrative provisions necessary to comply with this Directive as of 1 July
1996.

2. When Member States adopt these measures, they shall contain a reference to this Directive
or shall be accompanied by such reference on the occasion of their official publication. The
methods of making such a reference shall be laid down by the Member States.

3.  The  Member  States  shall  assist  one  another  in  the  implementation  of  this  Directive  and
shall  ,  if  need  be,  exchange  information  on  the  licences  they  have  (cid:7) issued,  exchanged  or
replaced (cid:8) registered.

(cid:1) 

Article 17

 Transposition

1.

2.

3.

4.

The Member States shall adopt  and publish, no later than [two  years  after the  date
fixed  in  Article  19],  the  laws,  regulations  or  administrative  provisions  necessary  to
comply with Article 1 (2), Article 3 (2), Article 4 (1) to (3), Article 6 (2),  (c) and (d),
Article 7, Article 8 (1) to (3) and (5), Article 11, Articles 16 to 20, and Annexes II,
point 5.2 and  IV.  They shall forthwith communicate  to the  Commission the  text of
those provisions and a correlation table between those provisions and this Directive.

They  shall  apply  those  provisions  as  from  [two  years  after  the  date  fixed  in
Article 17(1)].

When  Member  States  adopt  those  provisions,  they  shall  contain  a  reference  to  this
Directive  or  shall  be  accompanied  by  such  a  reference  on  the  occasion  of  their
official publication. They shall also contain an indication that references made, in the
laws, regulations or administrative provisions in force, to the directives repealed by
this  directive  shall  be  understood  as  being  made  to  this  Directive.  The  manner  in
which  such  a  reference  is  made,  and  its  wording,  shall  be  as  laid  down  by  the
Member States.

Member  States  shall  communicate  to  the  Commission  the  text  of  the  essential
national provisions which they adopt in the field covered by this Directive.

46

(cid:1) 91/439/EEC Art. 13 (adapted)

Article 18

 (cid:1) Repeal (cid:2)

Directive 80 (cid:2) 91 (cid:3)/1263(cid:2) 439 (cid:3)/EEC(cid:2) , as amended by the directives referred to in
Annex V, Part A, (cid:3) is repealed as of 1 July 1996 with effect from [two years after the date
set in Article 17 (1)…], without prejudice to the obligations of the Member States with regard
to  the  time-limits (cid:2) indicated  in  Annex  V,  Part  B (cid:3)  for  transposing (cid:2) the  Directive (cid:3)
into national law the Directive indicated in Annex V, part B.

References  to  the  repealed  Directive  shall  be  construed  as  references  to  this  Directive  and
shall be read in accordance with the correlation table in Annex VI.

(cid:1) 

Article 19

Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in
the Official Journal of the European Union.

Article 1(1), Article 2, Article 3(1), Article 4(4), Article 5, Article 6(1),  (2), (a) and  (b), (3)
and (4), Article 8(4), Article 9, Article 10, Articles 12  to 15 and  Annexes  I,  II and  III shall
apply from [two years after the date set in Article 19].

(cid:1) 91/439/EEC Art. 14 (adapted)

Article 20

(cid:2) Addressees (cid:3)

This Directive is addressed to the Member States.

Done at Brussels, […]

For the European Parliament

For the Council

The President
[…]

The President
[…]

47

(cid:1) 91/439/EEC (adapted)

ANNEX I

PROVISIONS CONCERNING THE COMMUNITY MODEL DRIVING LICENCE

1.

The  colour  of  the  Community  model  driving  licence  shall  be  pink  and  its  overall
dimensions shall be:

– 

– 

height: 106 mm,

width: 222 mm.

2.

The licence shall consist of six pages.

Page 1 shall contain:

– 

– 

the distinguishing sign of the Member State issuing the licence;

mention of the name of the Member State issuing the licence (optional)

the  distinguishing  sign  of  the  Member  State  issuing  the  licence,  whose  signs  shall  be  as
follows:

(cid:1) Act of Accession of Austria,
Sweden and Finland Art. 29 and
Annex I, p. 166 (adapted)

B :

Belgium

DK :

Denmark

D :

Germany

GR :

Greece

E :

Spain

F :

France

48

IRL :

I :

L :

Ireland

Italy

Luxembourg

NL :

Netherlands

Austria

Portugal

Finland

(cid:1)  Sweden

A :

P :

FIN :

S :

UK :

United kingdom

(cid:1) 91/439/EEC (adapted)

– 

– 

the words «Driving licence», printed in large type in the language or languages
of  the  Member  State  issuing  the  licence;  they  shall  appear,  after  a  suitable
space, in small type in the other languages of the European Communities,

the  words  «European  Communities  model»,  printed  in  the  language  or
languages of the Member States issuing the licence

Page 2 shall contain:

the surname of the holder;

the other names of the holder;

the date and place of birth of the holder;

the name of the competent authority issuing the licence (including the place and date
of issue and the stamp of the authority);

the number of the licence;

1.

2.

3.

4.

5.

49

6.

7.

8.

a photograph of the holder;

the signature of the holder;

the permanent place of residence, or postal address (optional);.

Pages  3  and  4  shall  contain  the  (sub)categories  of  vehicle,  the  date  of  issue  of  the
licence  for  the  (sub)category,  its  period  of  validity,  the  stamp  of  the  authority,  any
additional information or restrictions in code form for each (sub)category concerned.

Subcategories not provided for in the national legislation of a Member State may be
omitted from driving licences issued by that Member State.

The codes used on page 4 shall be as follows:

(cid:1) 2000/56/CE Art.1, pt. 1 and
Annex I (adapted)

– 

codes 01 to 99 : 

harmonised Community codes

DRIVER (Medical reasons)

01. Sight correction and/or protection

01.01 Glasses

01.02 Contact lense(s)

01.03 Protective glass

01.04 Opaque lense

01.05 Eye cover

01.06 Glasses or contact lenses

02. Hearing aid/communication aid

02.01 Hearing aid for one ear

02.02 Hearing aid for two ears

03. Prosthesis/orthosis for the limbs

03.01 Upper limb prosthesis/orthosis

03.02 Lower limb prosthesis/orthosis

05.  Limited  use  (subcode  use  obligatory,  driving  subject  to  restrictions  for  medical

reasons)

50

05.01 Limited to day time journeys (for example: one hour after sunrise and
one hour before sunset)

05.02 Limited  to  journeys  within  a  radius  of…  km  from  holder's  place  of
residence or only inside city/region…

05.03 Driving without passengers

05.04 Limited to journeys with a speed not greater than… km/h

05.05 Driving authorised solely  when  accompanied  by  a  holder  of  a  driving
licence

05.06 Without trailer

05.07 No driving on motorways

05.08 No alcohol

VEHICLE ADAPTATIONS

10. Modified transmission

10.01 Manual transmission

10.02 Automatic transmission

10.03 Electronically operated transmission

10.04 Adjusted gear-shift lever

10.05 Without secondary gearbox

15. Modified clutch

15.01 Adjusted clutch pedal

15.02 Manual clutch

15.03 Automatic clutch

15.04 Partitioning in front of/fold away/detached clutch pedal

20. Modifies braking systems

20.01 Adjusted brake pedal

20.02 Enlarged brake pedal

20.03 Brake pedal suitable for use by left foot

20.04 Brake pedal by sole

51

20.05 Tilted brake pedal

20.06 Manual (adapted) service brake

20.07 Maximum use of reinforced service brake

20.08 Maximum use of emergency brake integrated in the service brake

20.09 Adjusted parking brake

20.10 Electrically operated parking brake

20.11 (Adjusted) foot operated parking brake

20.12 Partitioning in front of/fold away/detached brake pedal

20.13 Brake operated by knee

20.14 Electrically operated service brake

25. Modified accelerator systems

25.01 Adjusted accelerator pedal

25.02 Accelerator pedal by sole

25.03 Tilted accelerator pedal

25.04 Manual accelerator

25.05 Accelerator at knee

25.06 Servo accelerator (electronic, pneumatic, etc.)

25.07 Accelerator pedal on the left of brake pedal

25.08 Accelerator pedal on the left

25.09 Partitioning in front of/fold away/detached accelerator pedal

30. Modified combined braking and accelerator systems

30.01 Parallel pedals

30.02 Pedals at (or almost at) the same level

30.03 Accelerator and brake with sliding

30.04 Accelerator and brake with sliding and orthesis

30.05 Fold away/detached accelerator and brake pedals

30.06 Raised floor

52

30.07 Partitioning on the side of the brake pedal

30.08 Partitioning for prosthesis on the side of the brake pedal

30.09 Partitioning in front of the accelerator and brake pedals

30.10 Heel/leg support

30.11 Electrically operated accelerator and brake

35. Modified control layouts

(Lights switches, windscreen wiper/washer, horn, direction indicators, etc.)

35.01 Control  devices  operable  without  negative  influence  on  the  steering  and

handling

35.02 Control  devices  operable  without  releasing  the  steering  wheel  and
accessories (knob, fork, etc.)

35.03 Control  devices  operable  without  releasing  the  steering  wheel  and
accessories (knob, fork, etc.) with the left hand

35.04 Control  devices  operable  without  releasing  the  steering  wheel  and
accessories (knob, fork, etc.) with the right hand

35.05 Control  devices  operable  without  releasing  the  steering  wheel  and
accessories  (knob,  fork,  etc.)  and  the  combined  accelerator  and  braking
mechanisms

40. Modified steering

40.01

Standard assisted steering

40.02 Reinforced assisted steering

40.03 Steering with backup system

40.04 Lengthened steering column

40.05 Adjusted steering wheel (Larger and/or thicker steering wheel section, reduced
diameter steering wheel, etc.)

40.06 Tilted steering wheel

40.07 Vertical steering wheel

40.08 Horizontal steering wheel

40.09 Foot operated driving

53

40.10 Alternative adjusted steering (joy-stick, etc.)

40.11 Knob on the steering wheel

40.12 Hand orthesis on the steering wheel

40.13 With orthesis tenodese

42.01

External (left or) right-side rear-view mirror

42.02 External rear-view mirror set on the wing

42.03 Additional inside rear-view mirror permitting view of traffic

42.04 Panoramic inside rear-view mirror

42.05 Blind spot rear-view mirror

42.06

Electrically operated outside rear-view mirror(s)

43. Modified driver seat

43.01 Driver seat at a good viewing height and in normal distance from the steering
wheel and the pedal

43.02 Driver seat adjusted to body shape

43.03 Driver seat with lateral support for good sitting stability

43.04 Driver seat with armrest

43.05 Lengthening of sliding driver's seat

43.06 Seat-belt adjustment

43.07 Harness-type seat-belt

44. Modifications to motorcycles (subcode use obligatory)

44.01 Single operated brake

44.02 (Adjusted) hand operated brake (front wheel)

44.03 (Adjusted) foot operated brake (back wheel)

44.04 (Adjusted) accelerator handle

44.05 (Adjusted) manual transmission and manual clutch

44.06 (Adjusted) rear-view mirror(s)

44.07 (Adjusted) commands (direction indicators, braking light,…)

54

44.08 Seat height allowing the driver, in sitting position, to have two feet on the road
at the same time

45. Motorcycle with side-car only

50. Restricted to a specific vehicle/chassis number (vehicle identification number, VIN)

51.  Restricted  to  a  specific  vehicle/registration  plate  (vehicle  registration  number,

VRN)

ADMINISTRATIVE MATTERS

70. Exchange of licence No… issued by… (EU/UN distinguishing sign in the case of a third
country; e.g: 70.0123456789.NL)

71. Duplicate of licence No… (EU/UN distinguishing sign in the case of a third country; e.g:
71.987654321.HR)

72.  Restricted  to  category  A  vehicles  having  a  maximum  cylinder  capacity  of  125 cc  and
maximum power of 11 KW (A1)

73. Restricted to category B vehicles of the motor tricycle or quadricycle type (B1)

74. Restricted to category C vehicles the maximum authorised mass of which does not exceed
7 500 kg (C1)

75.  Restricted  to  category  D  vehicles  with  not  more  than  16  seats,  excluding  the

driver's seat (D1)

76.  Restricted  to category C  vehicles the maximum authorised  mass  of  which  does
not exceed 7 500 kg (C1), attached to a trailer the maximum authorised mass of
which  exceeds  750 kg,  provided  that  the  maximum  authorised  mass  of  the
vehicle  train  thus  formed  does  not  exceed  12 000 kg,  and  that  the  maximum
authorised mass of the trailer does not exceed the unladen mass of the drawing
vehicle (C1+E)

77.  Restricted  to  category  D  vehicles  with  not  more  than  16  passenger  seats,
excluding the driver's seat (D1), attached to a trailer the maximum authorised
mass of which exceeds 750 kg provided that (a) the maximum authorised mass
of the vehicle train thus formed does not exceed 12 000 kg and the maximum
authorised mass of the trailer does not exceed the unladen mass of the drawing
vehicle and (b) the trailer is not used to carry passengers (D1+E)

78. Restricted to vehicles with automatic transmission

(Directive 91/439/EEC, Annex II, 8.1.1., §2)

79. (…) Restricted to vehicles which comply with the specifications indicated
in  brackets,  in  the  context  of  the  application  of  Article  10(1)  of  the
Directive

90.01:

to the left

55

90.02:

to the right

90.03:

left

90.04:

right

90.05:

hand

90.06:

foot

90.07:

usable

95. Driver holding CPA meeting the obligation of professional aptitude
provided for in Directive 2003/59/CE until … (eg : 95.01.01.2012)

ê 2003/59/EC Art.10.2 (adapted)

(cid:1) 96/47/Ec (adapted)

– 

codes 100 and above:

national codes valid only for driving in the territory of
the State which issued the licence.

The date of first issue of the licence for each category must be transferred to page 3
in the event of subsequent replacement or exchange.

Page 5 may contain information such as:

– 

– 

any periods during which the driving licence has been suspended;

serious offences committed in the territory of the State of normal residence and
taken into account in the procedure for monitoring drivers which obtains in that
State.

Page 6 shall contain:

– 

– 

validations  restricted  to  the  territory  of  the  State  which  granted  them  on
grounds  of  equivalents  or  for  categories  of  vehicles  not  covered  by  this
Directive (including dates of issue and periods of validity),

spaces  reserved  for  (optional)  entry  of  changes  in  the  holder's  normal
residence.

3.

The  entries  on  pages  other  than  page  1  shall  be  in  the  language(s)  of  the  Member
States which issued the licence.

56

(cid:1) Act of Accession of Austria,
Sweden and Finland Art. 29 and
Annex I, p. 166 (adapted)

If a Member State wishes to make those entries in a national language other than one
of the following languages: Danish, Dutch, English, Finnish, French, German, Greek,
Italian,  Portuguese,  Spanish,  Swedish,  it  will  draw  up  a  bilingual  version  of  the
licence  using  one  of  the  aforementioned  languages,  without  prejudice  to  the  other
provisions of this Annex.

(cid:1) 91/439/EEC (adapted)

4.

Where the holder of a driving licence issued by a Member State has taken up normal
residence in another Member State, the latter may indicate:

– 

– 

change(s) of residence on page 6,

information  essential  for  administrative  purposes  such  as  serious  offences
committed in its territory, on page 5,

provided that it also enters this type of information in the licences which it issues and
that there is a space available for that purpose.

By  way  of  derogation  from  point  2  of  this  Annex,  driving  licences  issued  by  the  United
Kingdom shall not be required to include a photograph of the holder for a maximum period of
ten years following the adoption of this Directive.

57

MODEL COMMUNITY DRIVING LICENCE

58

59

SPECIMEN COMMUNITY DRIVING LICENCE: BELGIAN LICENCE

(for information)

UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND

****** UK ******

DRIVING LICENCE

Model of the

EUROPEAN COMMUNITIES

60

(cid:1) 96/47/EC Art.1, pt. 3 (adapted)

ANNEX Ia

PROVISIONS CONCERNING THE COMMUNITY MODEL DRIVING LICENCE

(Alternative to the model in Annex I)

(cid:1) 96/47/EC Art.1, pt. 3 (adapted)

1.

The  physical  characteristics  of  the  card  of  the  Community  model  driving  licence
shall be in accordance with ISO 7810 and ISO 7816-1.

Methods  for  testing  the  characteristics  of  driving  licences  for  the  purpose  of
confirming their compliance with the international standards  shall  be  in  accordance
with ISO 10373.

2.

The licence shall have two sides.

Page 1 shall contain:

a)

b)

c)

the words «Driving Licence» printed in large type in the language or languages
of the Member State issuing the licence;

the name of the Member State issuing the licence (optional);

the  distinguishing  sign  of  the  Member  State  issuing  the  licence,  printed  in
negative  in  a  blue  rectangle  and  encircled  by  twelve  yellow  stars;  the
distinguishing signs shall be as follows:

Belgium

Denmark

Germany

Greece

Spain

France

B :

DK :

D :

GR :

E :

F :

61

IRL :

Ireland

Italy

Luxembourg

The Netherlands

Austria

Portugal

Finland

Sweden

I :

L :

NL :

A :

P :

FIN :

S :

UK :

The United Kingdom;

d)

information specific to the licence issued, numbered as follows:

1.

2.

3.

4.

5.

6.

7.

8.

surname of the holder;

other name(s) of the holder;

date and place of birth;

(a)

date of issue of the licence;

(b)

date  of  expiry  of  the  licence,  or  a  dash  if  the  licence  is  valid
indefinitely;

(c)

the name of the issuing authority (may be printed on page 2);

(d)

a different number from the one under heading 5, for administrative
purposes (optional);

number of the licence;

photograph of the holder;

signature of the holder;

permanent place of residence, or postal address (optional);

62

9.

(sub)category(ies)  of  vehicle(s)  the  holder  is  entitled  to  drive  (national
categories  shall  be  printed  in  a  different  type  from  harmonised
categories);

e)

the words  «European Communities model» in the language(s) of the Member
State  issuing  the  licence  and  the  words  «Driving  Licence»  in  the  other
languages  of  the  Community,  printed  in  pink  to  form  the  background  of  the
licence:

Permiso de Conducción

Kørekort

Führerschein

Άδεια Οδήγησης

Driving Licence

Ajokortti

Permis de conduire

Ceadúas Tiomána

Patente di guida

Rijbewijs

Carta de Condução

Körkort;

f)

Colour references:

– 

– 

blue:

Pantone Reflex Blue,

yellow: Pantone Yellow.

Page 2 shall contain:

a)

9.

(sub)category(ies)  of  vehicle(s)  the  holder  is  entitled  to  drive  (national
categories  shall  be  printed  in  a  different  type  from  harmonised
categories);

10.

date of first issue of each (sub)category (this date must be repeated on the
new licence in the event of subsequent replacement or exchange);

11.

date of expiry of each (sub)category;

12.

additional 
(sub)category affected.

information/restriction(s), 

in  code 

form, 

facing 

the

63

The codes shall be as follows:

(cid:1) 2000/56/CE Art.1, pt. 1 et
Annex I

–  codes 01 to 99 : 

harmonised Community codes

DRIVER (Medical reasons)

01. Sight correction and/or protection

01.01 Glasses

01.02 Contact lense(s)

01.03 Protective glass

01.04 Opaque lense

01.05 Eye cover

01.06 Glasses or contact lenses

02. Hearing aid/communication aid

02.01 Hearing aid for one ear

02.02 Hearing aid for two ears

03. Prosthesis/orthosis for the limbs

03.01 Upper limb prosthesis/orthosis

03.02 Lower limb prosthesis/orthosis

05. Limited use (subcode use obligatory, driving subject to restrictions

for medical reasons)

05.01 Limited  to  day  time  journeys  (for  example:  one  hour  after

sunrise and one hour before sunset)

05.02 Limited  to  journeys  within  a  radius  of…  km  from  holder's

place of residence or only inside city/region…

05.03 Driving without passengers

05.04 Limited to journeys with a speed not greater than… km/h

05.05 Driving authorised solely when accompanied by a holder of a

driving licence

05.06 Without trailer

64

05.07 No driving on motorways

05.08 No alcohol

VEHICLE ADAPTATIONS

10. Modified transmission

10.01 Manual transmission

10.02 Automatic transmission

10.03 Electronically operated transmission

10.04 Adjusted gear-shift lever

10.05 Without secondary gearbox

15. Modified clutch

15.01 Adjusted gear-shift lever

15.02 Manual clutch

15.03 Automatic clutch

15.04 Partitioning in front of/fold away/detached clutch pedal

20. Modified braking systems

20.01 Adjusted brake pedal

20.02 Enlarged brake pedal

20.03 Brake pedal suitable for use by left foot

20.04 Brake pedal by sole

20.05 Tilted brake pedal

20.06 Manual (adapted) service brake

20.07 Maximum use of reinforced service brake

20.08 Maximum  use  of  emergency  brake  integrated  in  the  service

brake

20.09 Adjusted parking brake

20.10 Electrically operated parking brake

20.11 (Adjusted) foot operated parking brake

20.12 Partitioning in front of/fold away/detached brake pedal

65

20.13 Brake operated by knee

20.14 Electrically operated service brake

25. Modified accelerator systems

25.01 Adjusted accelerator pedal

25.02 Accelerator pedal by sole

25.03 Tilted accelerator pedal

25.04 Manual accelerator

25.05 Accelerator at knee

25.06 Servo accelerator (electronic, pneumatic, etc.)

25.07 Accelerator pedal on the left of brake pedal

25.08 Accelerator pedal on the left

25.09 Partitioning in front of/fold away/detached accelerator pedal

30. Modified combined braking and accelerator systems

30.01 Parallel pedals

30.02 Pedals at (or almost at) the same level

30.03 Accelerator and brake with sliding

30.04 Accelerator and brake with sliding and orthesis

30.05 Fold away/detached accelerator and brake pedals

30.06 Raised floor

30.07 Partitioning on the side of the brake pedal

30.08 Partitioning for prosthesis on the side of the brake pedal

30.09 Partitioning in front of the accelerator and brake pedals

30.10 Heel/leg support

30.11 Electrically operated accelerator and brake

35. Modified control layouts

(Lights  switches,  windscreen  wiper/washer,  horn,  direction

indicators, etc.)

66

35.01 Control  devices  operable  without  negative  influence  on  the

steering and handling

35.02 Control devices operable without releasing the steering wheel

and accessories (knob, fork, etc.)

35.03 Control devices operable without releasing the steering wheel

and accessories (knob, fork, etc.) with the left hand

35.04 Control devices operable without releasing the steering wheel

and accessories (knob, fork, etc.) with the right hand

35.05 Control devices operable without releasing the steering wheel
the  combined

and  accessories  (knob,  fork,  etc.)  and 
accelerator and braking mechanismss

40. Modified steering

40.01 Standard assisted steering

40.02 Reinforced assisted steering

40.03 Steering with backup system

40.04 Lengthened steering column

40.05 Adjusted steering wheel (Larger and/or thicker steering wheel

section, reduced diameter steering wheel, etc.)

40.06 Tilted steering wheel

40.07 Vertical steering wheel

40.08 Horizontal steering wheel

40.09 Foot operated driving

40.10 Alternative adjusted steering (joy-stick, etc.)

40.11 Knob on the steering wheel

40.12 Hand orthesis on the steering wheel

40.13 With orthesis tenodese

42. Modified rearview mirror(s)

42.01 External (left or) right-side rear-view mirror

42.02 External rear-view mirror set on the wing

42.03 Additional inside rear-view mirror permitting view of traffic

67

42.04 Panoramic inside rear-view mirror

42.05 Blind spot rear-view mirror

42.06 Electrically operated outside rear-view mirror(s)

43. Modified driver seat

43.01 Driver seat at a good viewing height  and in  normal distance

from the steering wheel and the pedal

43.02 Driver seat adjusted to body shape

43.03 Driver seat with lateral support for good sitting stability

43.04 Driver seat with armrest

43.05 Lengthening of sliding driver's seat

43.06 Seat-belt adjustment

43.07 Harness-type seat-belt

44. Modifications to motorcycles (subcode use obligatory)

44.01 Single operated brake

44.02 (Adjusted) hand operated brake (front wheel)

44.03 (Adjusted) foot operated brake (back wheel)

44.04 (Adjusted) accelerator handle

44.05 (Adjusted) manual transmission and manual clutch

44.06 (Adjusted) rear-view mirror(s)

44.07 (Adjusted) commands (direction indicators, braking light,…)

44.08 Seat  height  allowing  the  driver,  in  sitting  position,  to  have

two feet on the road at the same time

45. Motorcycle with side-car only

50. Restricted to a specific vehicle/chassis number (vehicle identification number, VIN)

51.  Restricted  to  a  specific  vehicle/registration  plate  (vehicle

registration number, VRN

ADMINISTRATIVE MATTERS

70. Exchange  of  licence  No…  issued  by…  (EU/UN  distinguishing  sign

in the case of a third country; e.g: 70.0123456789.NL)

68

71. Duplicate of licence No… (EU/UN distinguishing sign in the case of

a third country; e.g: 71.987654321.HR)

72.  Restricted  to  category  A  vehicles  having  a  maximum  cylinder

capacity of 125 cc and maximum power of 11 KW (A1)

73. Restricted to category B vehicles of the motor tricycle or quadricycle

type (B1)

74.  Restricted  to  category  C  vehicles  the  maximum  authorised  mass  of

which does not exceed 7 500 kg (C1)

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

excluding the driver's seat (D1)

76.  Restricted  to  category  C  vehicles  the  maximum  authorised  mass  of
which  does  not  exceed  7 500 kg  (C1),  attached  to  a  trailer  the
maximum authorised mass of which exceeds 750 kg, provided that
the maximum authorised mass of the vehicle train thus formed does
not  exceed  12 000 kg,  and  that  the  maximum  authorised  mass  of
the trailer does not exceed the unladen mass of the drawing vehicle
(C1+E)

77.  Restricted  to  category  D  vehicles  with  not  more  than  16  passenger
seats,  excluding  the  driver's  seat  (D1),  attached  to  a  trailer  the
maximum authorised mass of which exceeds 750 kg provided that
(a) the maximum authorised mass of the vehicle train thus formed
does  not  exceed  12 000 kg  and  the  maximum  authorised  mass  of
the trailer does not exceed the unladen mass of the drawing vehicle
and (b) the trailer is not used to carry passengers (D1+E)

(Directive 91/439/EEC, Annex II, point 5.1)

78. Restricted to vehicles with automatic transmission

(Directive 91/439/EEC, Annex II, 8.1.1., §2)

79. (…) Restricted to vehicles which comply with the specifications indicated in brackets, in
the context of the application of Article 10(1) of the Directive

90.01:

to the left

90.02:

to the right

90.03:

left

90.04:

right

90.05:

hand

90.06:

foot

69

90.07:

usable  

(cid:1) 2003/59/EC Art.10.2 (adapted)

95. Driver holding CPA meeting the obligation of professional aptitude
provided for in Article 3 (cid:2) by Directive 2003/59/EC  (cid:3) until …
[e.g. : 1.1.2012]

–  codes 100 and above :

(cid:1) 96/47/CE (adapted)

national  codes  valid  only  for  driving  in  the
territory  of  the  Member  State  which  issued
the licence.

13.

14.

Where  a  code  applies  to  all  (sub)categories  for  which  the  licence  is
issued, it may be printed under columns 9, 10 and 11;

in implementation of paragraph 3 (a) of this Annex, a space reserved for
the possible entry by the host Member State of information essential for
administering the licence;

a space reserved for the possible entry by the Member State which issues
the  licence  of  information  essential  for  administering  the  licence  or
related to road  safety  (optional).  If  the  information  relates  to  one  of  the
headings defined in this Annex, it should be preceded by the number of
the heading in question.

With the  specific written agreement of the holder,  information  which  is
not related to the administration of the driving licence or road safety may
also be added in this space; such addition shall not alter in any way the
use of the model as a driving licence;

b)

an  explanation  of  the  numbered  items  which  appear  on  pages  1  and  2  of  the
licence (at least items 1, 2, 3, 4 (a), 4 (b), 4 (c), 5, 10, 11 and 12)

If a Member State wishes to make the entries in a national language other than
one  of  the  following  languages:  Danish,  Dutch,  English,  Finnish,  French,
German,  Greek,  Italian,  Portuguese,  Spanish  or  Swedish,  it  shall  draw  up  a
bilingual  version  of  the  licence  using  one  of  the  aforementioned  languages,
without prejudice to the other provisions of this Annex;

c)

a  space  shall  be  reserved  on  the  Community  model  licence  to  allow  for  the
possible introduction of a microchip or similar computer device.

3.

Special provisions

a) Where the holder of a driving licence issued by a Member State in accordance
with  this  Annex  has  his  normal  place  of  residence  in  another  Member  State,
that Member State may enter in the licence such information as is essential for

70

administering  it,  provided  that  it  also  enters  this  type  of  information  in  the
licences which it issues and provided that there remains enough space for the
purpose.

b)

After  consulting  the  Commission,  Member  States  may  add  colours  or
markings,  such  as  bar  codes,  national  symbols  and  security  features,  without
prejudice to the other provisions of this Annex.

In the context of mutual recognition of licences, the bar code may not contain
information  other  than  what  can  already  be  read  on  the  driving  licence  or
which is essential to the process of issuing the licence.

71

COMMUNITY MODEL DRIVING LICENCE

Page 1 DRIVING LICENCE ………………………. [MEMBER STATE]

72

Page 2 1. Name  2. First name  3. Date and place of birth  4a. Date of issue of driving licence  4b.
Official date of expiry  4c. Issued by  5. Serial number of licence  8. Place of residence  9.
Category  10. Date of issue, by category  11. Date of expiry, by category  12. Restrictions

SPECIMEN MODEL LICENCE

BELGIAN LICENCE (for information)

73

(cid:1) 2000/56/EC Art.1, pt. 2

ANNEX II

74

MINIMUM REQUIREMENTS FOR DRIVING TESTS

Member States shall take the necessary measures to ensure that applicants for driving licences
possess  the  knowledge  and  skills  and  exhibit  the  behaviour  required  for  driving  a  motor
vehicle. The tests introduced to this effect must consist of:

– 

– 

a theory test, and then

a test of skills and behaviour.

The conditions under which these tests shall be conducted are set out below.

A. THEORY TEST

1. Form

The form chosen shall be such as to make sure that the applicant has the required knowledge
of the subjects listed on points 2 to 4.

Any  applicant  for  a  licence  in  one  category  who  has  passed  a  theory  test  for  a  licence  in  a
different category may be exempt from the common provisions of points 2 to 4.

2. Content of the theory test concerning all vehicle categories

2.1. Questions must be asked on each of the points listed below, the content and form of the
questions being left to the discretion of each Member State:

2.1.1. Road traffic regulations:

– 

in  particular  as  regards  road  signs,  markings  and  signals,  rights  of  way  and  speed
limits;

2.1.2. The driver:

– 

– 

importance of alertness and of attitude to other road users,

perception,  judgement  and  decision-taking,  especially  reaction  time,  as  well  as
changes  in  driving  behaviour  due  to  the  influence  of  alcohol,  drugs  and  medicinal
products, state of mind and fatigue;

2.1.3. The road:

– 

– 

– 

the most important principles concerning the observance of a safe distance between
vehicles,  braking  distances  and  roadholding  under  various  weather  and  road
conditions,

driving  risk  factors  related  to  various  road  conditions,  in  particular  as  they  change
with the weather and the time of day or night,

characteristics of various types of road and the related statutory requirements;

2.1.4. Other road users:

75

– 

– 

specific risk factors related to the lack of experience of other road users and the most
vulnerable  categories  of  users  such  as  children,  pedestrians,  cyclists  and  people
whose mobility is reduced,

risks involved in the movement and driving of various types of vehicles  and of the
different fields of view of their drivers;

2.1.5. General rules and regulations and other matters:

– 

– 

– 

rules concerning the administrative documents required for the use of vehicles,

general  rules  specifying  how  the  driver  must  behave  in  the  event  of  an  accident
(setting warning devices and raising the alarm) and the measures which he can take
to assist road accident victims where necessary,

safety factors relating to the vehicle, the load and persons carried;

2.1.6. Precautions necessary when alighting from the vehicle;

2.1.7. Mechanical aspects with a bearing on road safety; applicants must be able to detect the
most  common  faults,  in  particular  in  the  steering,  suspension  and  braking  systems,  tyres,
lights  and  direction  indicators,  reflectors,  rear-view  mirrors,  windscreen  and  wipers,  the
exhaust system, seat-belts and the audible warning device;

2.1.8.  Vehicle  safety  equipment  and,  in  particular,  the  use  of  seat-belts,  head  restraints  and
child safety equipment;

2.1.9. Rules regarding vehicle use in relation to the environment (appropriate use of audible
warning devices, moderate fuel consumption, limitation of pollutant emissions, etc.).

3. Specific provisions concerning categories A and A1

3.1. Compulsory check of general knowledge on:

3.1.1. Use of protective outfit such as gloves, boots, clothes and safety helmet;

3.1.2. Visibility of motorcycle riders for other road users;

3.1.3.  Risk  factors  related  to  various  road  conditions  as  laid  down  above  with  additional
attention to slippery parts such as drain covers, road markings such as lines and arrows, tram
rails;

3.1.4. Mechanical aspects with a bearing on  road safety  as  laid  down  above with additional
attention to the emergency stop switch, the oil levels and the chain.

4. Specific provisions concerning categories C, C+E, C1, C1+E, D, D+E, D1 and D1+E

4.1. Compulsory check of general knowledge on:

76

4.1.1.  Rules  on  driving  hours  and  rest  periods  as  defined  by  Council  Regulation  (EEC)  No
3820/8529;  use  of  the  recording  equipment  as  defined  by  Council  Regulation  (EEC)  No
3821/8530,

4.1.2. Rules concerning the type of transport concerned: goods or passengers;

4.1.3. Vehicle and transport documents required for the national and international carriage of
goods and passengers;

4.1.4. How to behave in the event of an accident; knowledge of measures to be taken after an
accident or similar occurrence, including emergency action such as evacuation of passengers
and basic knowledge of first aid;

4.1.5. The precautions to be taken during the removal and replacement of wheels;

4.1.6. Rules on vehicle weights and dimensions; rules on speed limiters;

4.1.7. Obstruction of the field of view caused by the characteristics of their vehicles;

4.1.8. Reading a road map, route planning, including the use of electronic navigation systems
(optional);

4.1.9. Safety factors relating to vehicle loading: controlling the load (stowing and fastening),
difficulties with different kinds of load (e.g. liquids, hanging loads,…), loading and unloading
goods and the use of loading equipment (categories C, C+E, C1, C1+E only);

4.1.10. The driver's responsibility in respect to the carriage of passengers; comfort and safety
of passengers; transport of children; necessary checks before driving away; all sorts of buses
should  be  part  of  the  theory  test  (public  service  buses  and  coaches,  buses  with  special
dimensions,…) (categories D, D+E, D1, D1+E only).

4.2.  Compulsory  check  of  general  knowledge  on  the  following  additional  provisions
concerning categories C, C+E, D and D+E:

4.2.1.  The  principles  of  the  construction  and  functioning  of:  internal  combustion  engines,
fluids  (e.g.  engine  oil,  coolant,  washer  fluid),  the  fuel  system,  the  electrical  system,  the
ignition system, the transmission system (clutch, gearbox, etc.);

4.2.2. Lubrication and antifreeze protection;

4.2.3. The principles of the construction, the fitting, correct use and care of tyres;

4.2.4.  The  principles  of  the  types,  operation,  main  parts,  connection,  use  and  day-to-day
maintenance of brake fittings and speed governors, and use of anti-lock brakes;

4.2.5.  The  principles  of  the  types,  operation,  main  parts,  connection,  use  and  day-to-day
maintenance of coupling systems (categories C+E, D+E only);

4.2.6. Methods of locating causes of breakdowns;

29

30

OJ L 370, 31.12.1985, p. 1.
OJ L 370, 31.12.1985, p. 8.

77

                                                
4.2.7. Preventive maintenance of vehicles and necessary running repairs;

4.2.8.  The  driver's  responsibility  in  respect  of  the  receipt,  carriage  and  delivery  of  goods  in
accordance with the agreed conditions (categories C, C+E only).

B. TEST OF SKILLS AND BEHAVIOUR

5. The vehicle and its equipment

5.1.  The  driving  of  a  vehicle  with  manual  transmission  shall  be  subject  to  the  passing  of  a
skills and behaviour test taken on a vehicle with manual transmission.

If an applicant takes the test of skills and behaviour on a vehicle with automatic transmission
this  shall  be  recorded  on  any  licence  issued  on  the  basis  of  such  a  test.  Licences  with  this
indication shall be used only for driving vehicles with automatic transmission.

«Vehicle with automatic transmission» means a vehicle in which the  gear ratio  between  the
engine and the wheels can be varied by use only of the accelerator or the brakes.

5.2. The vehicles used in tests of skills and behaviour shall comply with the minimum criteria
given below. Member States may make provisions for more stringent criteria or add others.

Category A1:

(cid:4) new

Category  A1  motorcycle  without  sidecar,  with  a  cubic  capacity  of  at  least  120 cm3,  and
capable of a speed of at least 90 km/h

Category A2:

Category A2  motorcycle  without  sidecar,  with a cubic  capacity  of  at  least  375  cm3,  and  an
engine power of at least 25 kW

Category A :

Category  A  motorcycle  without  sidecar,  with  a  cubic  capacity  of  at  least  600  cm3,  and  an
engine power of at least 35 kW

(cid:1) 2000/56/CE Art.1, pt. 2
(adapted)

Category A:

– 

– 

Progressive  access  (first  clause  of  the  first  indent  of  Article  6(1)(b)):  a
motorcycle without sidecar with a cubic capacity of over 120 cm3, capable of a
speed of at least 100 km/h,

Direct access (second clause of the first indent of Article 6(1)(b)): a motorcycle
without sidecar with an engine-power of at least 35 kW.

78

Subcategory A1:

A motorcycle without sidecar with a cubic capacity of at least 75 cm3.

(cid:1) 2000/56/CE Art.1, pt. 2
(adapted)

Category B:

A four-wheeled category B vehicle capable of a speed of at least 100 km/h;

Category B+E:

A combination, made up of a category B test vehicle and a trailer with a maximum authorised
mass of at least 1 000 kilograms, capable of a speed of at least 100 km/h, which does not fall
within  category  B;  the  cargo  compartment  of  the  trailer  shall  consist  of  a  closed  box  body
which is at least as wide and as high as the motor vehicle; the closed box body may also be
slightly less wide than the motor vehicle provided that the view to the rear is only possible by
use of the external rear-view mirrors of the motor vehicle; the trailer shall be presented with a
minimum of 800 kilograms real total mass;

SubCategory B1:

A motor-powered tricycle or quadricycle capable of a speed of at least 60 km/h;

Category C:

A category C vehicle with a maximum authorised mass of at least 12 000 kilograms, a length
of  at  least  eight  metres,  a  width  of  at  least  2,40  metres  and  capable  of  a  speed  of  at  least
80 km/h; fitted with anti-lock brakes, equipped with a gearbox having at least eight forward
ratios  and  recording  equipment  as  defined  by  Regulation  (EEC)  No  3821/85;  the  cargo
compartment shall consist of a closed box body which is at least as wide and as high  as the
cab; the vehicle shall be presented with a minimum of 10 000 kilograms real total mass;

Category C+E:

either an articulated vehicle or a combination of a category C test vehicle and a trailer of at
least  7,5  metres  in  length;  both  the  articulated  vehicle  and  the  combination  shall  have  a
maximum authorised mass of at least 20 000 kilograms, a length of at least 14 metres and a
width of at least 2,40 metres, shall be capable of a speed of at least 80 km/h, fitted with anti-
lock brakes, equipped with a gearbox having at least eight forward ratios and with recording
equipment as defined by Regulation (EEC) No 3821/85; the cargo compartment shall consist
of  a  closed  box  body  which  is  at  least  as  wide  and  as  high  as  the  cab;  both  the  articulated
vehicle and the combination shall be presented with a minimum of 15 000 kilograms real total
mass;

SubCategory C1:

A subcategory C1 vehicle with a maximum authorised mass of at least 4 000 kilograms, with
a length of at least five metres and capable of a speed of at least 80 km/h; fitted with anti-lock
brakes and equipped with recording equipment as defined by Regulation (EEC) No 3821/85;

79

the cargo compartment shall consist of a closed box body which is at least as wide and as high
as the cab;

SubCategory C1 + E:

A  combination  made  up  of  a  subcategory  C1  test  vehicle  and  a  trailer  with  a  maximum
authorised mass of at least 1 250 kilograms; this combination shall be at least eight metres in
length and capable of a speed of at least 80 km/h; the cargo compartment of the trailer shall
consist of a closed box body which is at least as wide and as high as the cab; the closed box
body  may  also  be  slightly  less  wide  than  the  cab  provided  that  the  view  to  the  rear  is  only
possible  by  use  of  the  external  rear-view  mirrors  of  the  motor  vehicle;  the  trailer  shall  be
presented with a minimum of 800 kilograms real total mass;

Category D:

A category D vehicle with a length of at least 10 metres, a width of at least 2,40 metres and
capable  of  a  speed  of  at  least  80 km/h;  fitted  with  anti-lock  brakes  and  equipped  with
recording equipment as defined by Regulation (EEC) No 3821/85;

Category D+E:

A combination made up of a category D test vehicle and a trailer with a maximum authorised
mass of at least 1 250 kilograms, a width of at least 2,40 metres and capable of a speed of at
least 80 km/h; the cargo compartment of the trailer shall consist of a closed box body which is
at least two metres wide and two metres high; the trailer shall be presented with a minimum
of 800 kilograms real total mass;

SubCategory D1:

A subcategory D 1 vehicle with a maximum authorised mass of at least 4 000 kilograms, with
a length of at least five metres and capable of a speed of at least 80 km/h; fitted with anti-lock
brakes and equipped with recording equipment as defined by Regulation (EEC) No 3821/85;

SubCategory D1+E:

A  combination  made  up  of  a  subcategory  D1  test  vehicle  and  a  trailer  with  a  maximum
authorised mass  of  at  least  1 250  kilograms  and  capable  of  a  speed  of  at  least  80 km/h;  the
cargo  compartment  of  the  trailer  shall  consist  of  a  closed  box  body  which  is  at  least  two
metres  wide  and  two  metres  high;  the  trailer  shall  be  presented  with  a  minimum  of  800
kilograms real total mass;

Testing vehicles for categories B+E, C, C+E, C1, C1+E, D, D+E, D1 and D1+E which are not
in conformity with the minimum criteria given above but which were in use on or before the
moment of entry into force of this Commission Directive, may still be used for a period not
exceeding ten years after that date. The requirements related to the load to be carried by these
vehicles, may be implemented by Member States up to ten  years from the  moment of entry
into force of this Directive.

80

6. Skills and behaviour to be tested concerning categories A and A1

6.1. Preparation and technical check of the vehicle with a bearing on road safety

Applicants must demonstrate that they are capable of preparing to ride safely by satisfying the
following requirements:

6.1.1. Adjust the protective outfit, such as gloves, boots, clothes and safety helmet;

6.1.2. Perform a random check on the condition of the tyres, brakes, steering, emergency stop
switch  (if  applicable),  chain,  oil  levels,  lights,  reflectors,  direction  indicators  and  audible
warning device.

6.2. Special manoeuvres to be tested with a bearing on road safety

6.2.1. Putting the motorcycle on and off its stand and moving it, without the aid of the engine,
by walking alongside the vehicle;

6.2.2. Parking the motorcycle on its stand;

6.2.3. At least two manoeuvres to be executed at slow speed, including a slalom; this should
allow  competence  to  be  assessed  in  handling  of  the  clutch  in  combination  with  the  brake,
balance,  vision  direction  and  position  on  the  motorcycle  and  the  position  of  the  feet  on  the
foot rests;

6.2.4. At least two manoeuvres  to  be  executed  at  higher  speed,  of  which  one  manoeuvre  in
second or third gear, at least 30 km/h and one manoeuvre avoiding an obstacle at a minimum
speed  of  50 km/h;  this  should  allow  competence  to  be  assessed  in  the  position  on  the
motorcycle, vision direction, balance, steering technique and technique of changing gears;

6.2.5. Braking: at least two braking exercises shall be executed, including an emergency brake
at a minimum speed of 50 km/h; this should allow competence to be assessed in handling of
the front and rear brake, vision direction and the position on the motorcycle.

The special manoeuvres mentioned under points 6.2.3 to 6.2.5 have to be implemented at the
latest five years after entry into force of this Directive.

6.3. Behaviour in traffic

Applicants  must  perform  all  the  following  actions  in  normal  traffic  situations,  in  complete
safety and taking all necessary precautions:

6.3.1. Riding away: after parking, after a stop in traffic; exiting a driveway;

6.3.2. Riding on straight roads; passing oncoming vehicles, including in confined spaces;

6.3.3. Riding round bends;

6.3.4. Crossroads: approaching and crossing of intersections and junctions;

6.3.5. Changing direction: left and right turns; changing lanes;

81

6.3.6.  Approach/exit  of  motorways  or  similar  (if  available):  joining  from  the  acceleration
lane; leaving on the deceleration lane;

6.3.7.  Overtaking/passing:  overtaking  other  traffic  (if  possible);  riding  alongside  obstacles,
e.g. parked cars; being overtaken by other traffic (if appropriate);

6.3.8.  Special  road  features  (if  available):  roundabouts;  railway  level  crossings;  tram/bus
stops; pedestrian crossings; riding up-/downhill on long slopes;

6.3.9. Taking the necessary precautions when getting off the vehicle.

7. Skills and behaviour to be tested concerning categories B, B1 and B+E

7.1. Preparation and technical check of the vehicle with a bearing on road safety

Applicants must demonstrate that they are capable of preparing to drive safely by satisfying
the following requirements:

7.1.1. Adjusting the seat as necessary to obtain a correct seated position;

7.1.2. Adjusting rear-view mirrors, seat belts and head restraints if available;

7.1.3. Checking that the doors are closed;

7.1.4. Performing a random check on the condition of the tyres, steering, brakes, fluids (e.g.
engine oil, coolant, washer fluid), lights, reflectors, direction indicators and audible warning
device;

7.1.5. Checking the safety factors relating to vehicle loading: body, sheets, cargo doors, cabin
locking, way of loading, securing load (category B+E only);

7.1.6. Checking  the  coupling  mechanism and  the  brake  and  electrical  connections  (category
B+E only);

7.2. Categories B and B1: special manoeuvres to be tested with a bearing on road safety

A selection of the following manoeuvres shall be tested (at least two manoeuvres for the four
points, including one in reverse gear):

7.2.1.  Reversing  in  a  straight  line  or  reversing  right  or  left  round  a  corner  while  keeping
within the correct traffic lane;

7.2.2. Turning the vehicle to face the opposite way, using forward and reverse gears;

7.2.3.  Parking  the  vehicle  and  leaving  a  parking  space  (parallel,  oblique  or  right-angle,
forwards or in reverse, on the flat, uphill or downhill);

7.2.4. Braking accurately to a stop; however, performing an emergency stop is optional.

7.3. Category B+E: special manoeuvres to be tested with a bearing on road safety

82

7.3.1.  Coupling  and  uncoupling,  or  uncoupling  and  re-coupling  a  trailer  from  its  motor
vehicle;  the  manoeuvre  must  involve  the  towing  vehicle  being  parked  alongside  the  trailer
(i.e. not in one line);

7.3.2. Reversing along a curve, the line of which shall be left to the discretion of the Member
States;

7.3.3. Parking safely for loading/unloading.

7.4. Behaviour in traffic

Applicants  must  perform  all  the  following  actions  in  normal  traffic  situations,  in  complete
safety and taking all necessary precautions:

7.4.1. Driving away: after parking, after a stop in traffic; exiting a driveway;

7.4.2. Driving on straight roads; passing oncoming vehicles, including in confined spaces;

7.4.3. Driving round bends;

7.4.4. Crossroads: approaching and crossing of intersections and junctions;

7.4.5. Changing direction: left and right turns; changing lanes;

7.4.6.  Approach/exit  of  motorways  or  similar  (if  available):  joining  from  the  acceleration
lane; leaving on the deceleration lane;

7.4.7.  Overtaking/passing:  overtaking  other  traffic  (if  possible);  driving  alongside  obstacles,
e.g. parked cars; being overtaken by other traffic (if appropriate);

7.4.8.  Special  road  features  (if  available):  roundabouts;  railway  level  crossings;  tram/bus
stops; pedestrian crossings; driving up-/downhill on long slopes;

7.4.9. Taking the necessary precautions when alighting from the vehicle.

8. Skills and behaviour to be tested concerning categories C, C+E, C1, C1+E, D, D+E, D1

and D1+E

8.1. Preparation and technical check of the vehicle with a bearing on road safety

Applicants must demonstrate that they are capable of preparing to drive safely by satisfying
the following requirements:

8.1.1. Adjusting the seat as necessary to obtain a correct seated position;

8.1.2. Adjusting rear-view mirrors, seat belts and head restraints if available;

8.1.3.  Random  checks  on  the  condition  of  the  tyres,  steering,  brakes,  lights,  reflectors,
direction indicators and audible warning device;

8.1.4.  Checking  the  power-assisted  braking  and  steering  systems;  checking  the  condition  of
the wheels, wheelnuts, mudguards, windscreen, windows  and wipers, fluids (e.g. engine  oil,

83

coolant,  washer  fluid);  checking  and  using  the  instrument  panel  including  the  recording
equipment as defined in Regulation (EEC) No 3821/85;

8.1.5. Checking the air pressure, air tanks and the suspension;

8.1.6.  Checking  the  safety  factors  relating  to  vehicle  loading:  body,  sheets,  cargo  doors,
loading mechanism (if available), cabin locking (if available), way of loading, securing load
(categories C, C+E, C1, C1+E only);

8.1.7. Checking the coupling mechanism and the brake and electrical connections (categories
C+E, C1+E, D+E, D1+E only);

8.1.8. Being capable of taking special vehicle safety measures; controlling the body, service
doors,  emergency  exits,  first  aid  equipment,  fire  extinguishers  and  other  safety  equipment
(categories D, D+E, D1, D1+E only);

8.1.9. Reading a road map, route planning, including the use of electronic navigation systems
(optional).

8.2. Special manoeuvres to be tested with a bearing on road safety

8.2.1.  Coupling  and  uncoupling,  or  uncoupling  and  re-coupling  a  trailer  from  its  motor
vehicle;  the  manoeuvre  must  involve  the  towing  vehicle  being  parked  alongside  the  trailer
(i.e. not in one line) (categories C+E, C1+E, D+E, D1+E only);

8.2.2. Reversing along a curve, the line of which shall be left to the discretion of the Member
States;

8.2.3. Parking safely for loading/unloading at a loading ramp/platform or similar installation
(categories C, C+E, C1, C1+E only);

8.2.4. Parking to let passengers on or off the bus safely (categories D, D+E, D1, D1+E only).

8.3. Behaviour in traffic

Applicants  must  perform  all  the  following  actions  in  normal  traffic  situations,  in  complete
safety and taking all necessary precautions:

8.3.1. Driving away: after parking, after a stop in traffic; exiting a driveway;

8.3.2. Driving on straight roads; passing oncoming vehicles, including in confined spaces;

8.3.3. Driving round bends;

8.3.4. Crossroads: approaching and crossing of intersections and junctions;

8.3.5. Changing direction: left and right turns; changing lanes;

8.3.6.  Approach/exit  of  motorways  or  similar  (if  available):  joining  from  the  acceleration
lane; leaving on the deceleration lane;

8.3.7.  Overtaking/passing:  overtaking  other  traffic  (if  possible);  driving  alongside  obstacles,
e.g. parked cars; being overtaken by other traffic (if appropriate);

84

8.3.8.  Special  road  features  (if  available):  roundabouts;  railway  level  crossings;  tram/bus
stops; pedestrian crossings; driving up-/downhill on long slopes;

8.3.9. Taking the necessary precautions when alighting from the vehicle.

9. Marking of the test of skills and behaviour

9.1. For each of the abovementioned driving situations, the assessment must reflect the degree
of ease with which the applicant handles the vehicle controls and his demonstrated capacity to
drive in traffic in complete safety. The examiner must feel safe throughout the test. Driving
errors  or  dangerous  conduct  immediately  endangering  the  safety  of  the  test  vehicle,  its
passengers  or  other  road  users  shall  be  penalised  by  failing  the  test,  whether  or  not  the
examiner or accompanying person has to intervene. Nonetheless, the examiner shall be free to
decide whether or not the skills and behaviour test should be completed.

Driving examiners must  be  trained  to  assess  correctly  the  applicants'  ability  to  drive  safely.
The work of driving  examiners must be monitored and supervised, by  a body  authorised  by
the  Member  State,  to  ensure  correct  and  consistent  application  of  fault  assessment  in
accordance with the standards laid down in this Annex.

9.2. During their assessment, driving examiners shall pay special attention to the fact whether
an  applicant  is  showing  a  defensive  and  social  driving  behaviour.  This  should  reflect  the
overall style of driving and the driving examiner should take this into account in the overall
picture of the applicant. It includes adapted and determined (safe) driving, taking into account
road and weather conditions, taking into account other traffic, taking into account the interests
of other road users (particularly the more vulnerable) and anticipation.

9.3. The driving examiner will furthermore assess whether the applicant is:

9.3.1.  Controlling  the  vehicle;  taking  into  account:  proper  use  of  safety  belts,  rear-view
mirrors, head restraints; seat; proper use of lights and other equipment; proper use of clutch,
gearbox, accelerator, braking systems (including third braking system, if  available),  steering
(cid:2)  ; controlling the vehicle under different circumstances, at different speeds; steadiness on
the road; the weight and dimensions and characteristics of the vehicle; the weight and type of
load (cid:3)  (categories  B+E,  C,  C+E,  C1,  C1+E,  D+E,  D1+E  only);  the  comfort  of  the
passengers (categories D, D+E, D1, D1+E only) (no fast acceleration, smoothly driving and
no hard braking);

9.3.2. Driving economically and environmentally friendly, taking into account the revolutions
per minute, changing gears, braking and accelerating (categories B+E, C, C+E, C1, C1+E, D,
D+E, D1, D1+E only);

9.3.3.  Observation:  all-round  observation;  proper  use  of  mirrors;  far,  middle,  near  distance
vision;

9.3.4.  Priority/giving  way:  priority  at  crossroads,  intersections  and  junctions;  giving  way  at
other occasions (e.g. changing direction, changing lanes, special manoeuvres);

9.3.5.  Correct  position  on  the  road:  proper  position  on  the  road,  in  lanes,  on  roundabouts,
round bends, suitable for the type and the characteristics of the vehicle; pre-positioning;

85

9.3.6. Keeping distance: keeping adequate distance to the front and the side; keeping adequate
distance from other road users;

9.3.7.  Speed:  not  exceeding  the  maximum  allowed  speed;  adapting  speed  to  weather/traffic
conditions  and  where  appropriate  up  to  national  speed  limits;  driving  at  such  a  speed  that
stopping  within  distance  of  the  visible  and  free  road  is  possible;  adapting  speed  to  general
speed of same kind of road users;

9.3.8. Traffic lights, road signs and other indications: acting correctly at traffic lights; obeying
instructions  from  traffic  controllers;  acting  correctly  at  road  signs  (prohibitions  or
commands); take appropriate action at road markings;

9.3.9.  Signalling:  give  signals  where  necessary,  correctly  and  properly  timed;  indicating
directions correctly;  taking  appropriate  action  with  regard  to  all  signals  made  by  other  road
users;

9.3.10.  Braking  and  stopping:  decelerating  in  time,  braking  or  stopping  according  to
circumstances;  anticipation;  using  the  various  braking  systems  (only  for  categories  C,  C+E,
D, D+E); using speed reduction systems other than the brakes (only for categories C, C+E, D,
D+E).

10. Length of the test

The  length  of  the  test  and  the  distance  travelled  must  be  sufficient  to  assess  the  skills  and
behaviour laid down in paragraph B of this Annex. In no circumstances should the time spent
driving on the road be less than 25 minutes for categories A, B (cid:2) A1, (cid:3) B (cid:2) , B1 (cid:3) and
B+E  and  45  minutes  for  the  other  categories.  This  does  not  include  the  reception  of  the
applicant, the preparation of the vehicle, the technical check of the vehicle with a bearing on
road  safety,  the  special  manoeuvres  and  the  announcement  of  the  outcome  of  the  practical
test.

11. Location of the test

The part of the test to assess the special  manoeuvres may  be  conducted on  a special  testing
ground.  Wherever  practicable,  the  part  of  the  test  to  assess  behaviour  in  traffic  should  be
conducted on roads outside built-up areas, expressways and motorways (or similar), as well as
on  all  kinds  of  urban  streets  (residential  areas,  30  and  50 km/h  areas,  urban  expressways)
which should represent the various types of difficulty likely to be encountered by drivers. It is
also desirable  for the test  to  take  place  in  various  traffic  density  conditions.  The  time  spent
driving on the road should be used in an optimal way to assess the applicant in all the various
traffic  areas  that  can  be  encountered,  with  a  special  emphasis  on  changing  between  these
areas.

II.  KNOWLEDGE,  SKILL  AND  BEHAVIOUR  FOR  DRIVING  A  POWER-DRIVEN

VEHICLE

Drivers  of  all  power-driven  vehicles  must  at  any  moment  have  the  knowledge,  skills  and
behaviour described under points 1 to 9 above, with a view to be able to:

– 

Recognise traffic dangers and assess their seriousness;

86

– 

– 

– 

– 

– 

Have sufficient command of their vehicle not  to  create  dangerous  situations  and  to
react appropriately should such situations occur;

Comply with road traffic regulations, and in particular those intended to prevent road
accidents and to maintain the flow of traffic;

Detect any major technical faults in their vehicles, in particular those posing a safety
hazard, and have them remedied in an appropriate fashion;

Take account of all the factors affecting driving behaviour (e.g. alcohol, fatigue, poor
eyesight, etc.) so as to retain full use of the faculties needed to drive safely;

Help  ensure  the  safety  of  all  road  users,  and  in  particular  of  the  weakest  and  most
exposed by showing due respect for others.

Member States may implement the appropriate measures to ensure that drivers who have lost
the  knowledge,  skills  and  behaviour  as  described  under  points  1  to  9  can  recover  this
knowledge and these skills and will continue to exhibit such behaviour required for driving a
motor vehicle.

87

(cid:1) 91/439/EEC (adapted)
(cid:7) new

ANNEX III

MINIMUM STANDARDS OF PHYSICAL AND MENTAL FITNESS FOR DRIVING
A POWER-DRIVEN VEHICLE

DEFINITIONS

1.

For the purpose of this Annex, drivers are classified in two groups:

1.1.

Group 1:

drivers  of  vehicles  of  categories  A,  B  (cid:7) A1, (cid:8)  B  (cid:7) B1 (cid:8)  and  B  +  E  and
subcategory A1 and B1.

1.2.

Group 2:

drivers  of  vehicles  of  categories  C,  C  +  E,  (cid:7) C1,  C1  +  E (cid:8)  D,  D  +  E  and  of
subcategory C1, C1 + E, D1 and D1 + E.

National legislation may provide for the provisions set out in this Annex for Group 2
drivers  to  apply  to  drivers  of  Category  B  vehicles  using  their  driving  licence  for
professional purposes (taxis, ambulances, etc.).

Similarly, applicants for a first driving licence or for the renewal of a driving licence
are classified in the group to which they will belong once the licence has been issued
or renewed.

1.3.

2.

MEDICAL EXAMINATIONS

3.

Group 1:

Applicants  shall  be  required  to  undergo  a  medical  examination  if  it  becomes
apparent,  when  the  necessary  formalities  are  being  completed  or  during  the  tests
which they have to undergo prior to obtaining a driving licence, that they have one or
more of the medical disabilities mentioned in this Annex.

4.

Group 2:

Applicants shall undergo medical examination before a driving licence is first issued
to them and thereafter drivers shall undergo such periodic examinations (cid:7) whenever
their driving licence is renewed (cid:8) as may be prescribed by national legislation.

5.

The  standards  set  by  Member  States  for  the  issue  or  any  subsequent  renewal  of
driving licences may be stricter than those set out in this Annex.

88

SIGHT

6.

All  applicants  for  a  driving  licence  shall  undergo  an  appropriate  investigation  to
ensure  that  they  have  adequate  visual  acuity  for  driving  power-driven  vehicles.
Where  there  is  reason  to  doubt  that  the  applicant's  vision  is  adequate,  he  shall  be
examined  by  a  competed  medical  authority.  At  this  examination  attention  shall  be
paid  the  following  in  particular:  visual  acuity,  field  of  vision,  twilight  vision  and
progressive eye diseases.

For the purpose of this Annex, intra-ocular lenses shall not be considered corrective
lenses.

Group 1:

6.1.

6.2.

Applicants  for  a  driving  licence  or  for  the  renewal  of  such  a  licence  shall  have  a
binocular visual acuity, with corrective lenses if necessary, of at least 0,5 when using
both  eyes  together.  Driving  licences  shall  not  be  issued  or  renewed  if,  during  the
medical examination, it is shown that the horizontal field of vision is less than 120°,
apart  from  exceptional  cases  duly  justified  by  a  favourable  medical  opinion  and  a
positive  practical  test,  or  that  the  person  concerned  suffers  from  any  other  eye
condition  that  would  compromise  safe  driving.  When  a  progressive  eye  ideas  is
detected  or  declared,  driving  licences  may  be  issued  or  renewed  subject  to  the
applicant undergoing regular examination by a competent medical authority.

Applicants for a driving licence, or for the renewal of such a licence, who have total
functional  loss  of  vision  in  one  eye  or  who  use  only  one  eye  (e.g.  in  the  case  of
diplopia) must have a visual acuity of at least 0,6, with corrective lenses if necessary.
The competent medical authority must certify that this condition of monocular vision
has  existed  sufficiently  long  to  allow  adaptation  and  that  the  field  of  vision  in  this
eye is normal.

Group 2:

6.3.

Applicants  for  a  driving  licence  or  for  the  renewal  of  such  a  licence  must  have  a
visual acuity, with corrective lenses if necessary, of at least 0,8 in the better eye and
at least 0,5 in the worse eye. If corrective lenses are used to attain the values of 0,8
and  0,5,  the  uncorrected  acuity  in  each  eye  must  reach  0,05,  or  else  the  minimum
acuity (0,8 and 0,5) must be achieved either by correction by means of glasses with a
power not exceeding plus or minus 4 (cid:7) 8 (cid:8) dioptres or with the aid of contact lenses
(uncorrected vision = 0,05). The correction must be well tolerated. Driving licences
shall  not  be  issued  to  or  renewed  for  applications  or  drivers  without  a  normal
binocular field of vision or suffering from diplopia.

HEARING

7.

Driving  licences  may  be  issued  to  or  renewed  for  applicants  or  drivers  in  Group  2
subject to the opinion of the competent medical authorities; particular account will be
taken in medical examinations of the scope for compensation.

89

PERSONS WITH A LOCOMOTOR DISABILITY

8.

Driving licences shall not be issued to or renewed for applicants or drivers suffering
from complaints or abnormalities of the locomotor system which make it dangerous
to drive a power-driven vehicle.

Group 1:

8.1.

Driving  licences  subject  to  certain  restrictions,  if  necessary,  may  be  issued  to
physically handicapped applicants or drivers following the issuing of an opinion by a
competent medical authority. This opinion must be based on a medical assessment of
the complaint or abnormality in question and, where necessary, on a practical test. It
must also indicate what type of modification to the vehicle is required and whether
the driver needs to be fitted with an orthopaedic device, insofar as the test of skills
and  behaviour  demonstrates  that  with  such  a  device  driving  would  not  to  be
dangerous.

8.2.

Driving  licences  may  be  issued  to  or  renewed  for  any  applicant  suffering  from  a
progressive complaint on condition that the disabled person is regularly examined to
check that the person is still capable of driving the vehicle completely safely.

Where the handicap is static, driving licences may be issued or renewed without the
applicant being subject to regular medical examination.

Group 2:

8.3.

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.

CARDIOVASCULAR DISEASES

9.

Any disease capable of exposing an applicant for a first licence or a driver applying
for  renewal  to  a  sudden  failure  of  the  cardiovascular  system  such  that  there  is  a
sudden impairment of the cerebral functions constitutes a danger to road safety.

Group 1:

9.1.

9.2.

9.3.

Driving licences will not to be issued to, or renewed for, applicants or drivers with
serious arrhytmia.

Driving  licences  may  be  issued  to,  or  renewed  for,  applicants  or  drivers  wearing  a
pacemaker subject to authorised medical opinion and regular medical check-ups.

The question whether to issue or renew a licence for applicants or drivers suffering
from  abnormal  arterial  blood  pressure  shall  be  assessed  with  reference  to  the  other
results of the examination, may associated complications and the danger they might
constitute for road safety.

9.4.

Generally speaking, a driving licence shall not be issued to or renewed for applicants
or drivers suffering from angina during rest or emotion. The issuing or renewal of a

90

driving licence to any applicant or driver having suffered myocardial infarction shall
be  subject  to  authorised  medical  opinion  and,  if  necessary,  regular  medical  check-
ups.

Group 2:

9.5.

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.

DIABETES MELLITUS

10.

Driving  licences  may  be  issued  to,  or  renewed  for,  applicants  or  drivers  suffering
from  diabetes  mellitus,  subject  to  authorised  medical  opinion  and  regular  medical
check-ups appropriate to each case.

Group 2:

10.1.

Only  in  very  exceptional  cases  may  driving  licences  be  issued  to,  or  renewed  for,
applicants  or  drivers  in  this  group  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.

NEUROLOGICAL DISEASES

11.

Driving licences shall not be issued to, or renewed for, applicants or drivers suffering
from a serious neurological disease, unless the application is supported by authorised
medical opinion.

Neurological disturbances associated with diseases or surgical intervention affecting
the central or peripheral nervous system, which lead to sensory or motor deficiencies
and  affect  balance  and  coordination,  must  accordingly  be  taken  into  account  in
relation  to  their  functional  effects  and  the  risks  of  progression.  In  such  cases,  the
issue or renewal of the licence may be subject to periodic assessment in the event of
risk of deterioration.

12.

Epileptic  seizures  or  other  sudden  disturbances  of  the  state  of  consciousness
constitute a serious danger to road safety if they occur in a person driving a power-
driven vehicle.

Group 1:

12.1.

A  licence  may  be  issued  or  renewed  subject  to  an  examination  by  a  competent
medical authority and to regular medical check-ups. The authority shall decide on the
state  of  the  epilepsy  or  other  disturbances  of  consciousness,  its  clinical  form  and
progress (no seizure in the last two  years,  for example), the  treatment received  and
the results thereof.

Group 2:

91

12.2.

Driving licences shall not be issued to or renewed for applicants or drivers suffering
or liable to suffer from epileptic seizures or other sudden disturbances of the state of
consciousness.

MENTAL DISORDERS

Group 1:

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 adaptability,

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

Group 2:

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.

ALCOHOL

14.

Alcohol consumption constitutes a major danger to road safety. In view of the scale
of the problem, the medical profession must be very vigilant.

Group 1:

14.1.

Driving licences shall not be issued to, or renewed for, applicants or drivers who are
dependent on alcohol or unable to refrain from drinking and driving.

After  a  proven  period  of  abstinence  and  subject  to  authorised  medical  opinion  and
regular  medical  check-ups,  driving  licences  may  be  issued  to,  or  renewed  for,
applicant or drivers who have in the past been dependent on alcohol.

Group 2:

14.2.

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.

92

DRUGS AND MEDICINAL PRODUCTS

15.

Abuse:

Driving licences shall not be issued to or renewed for applicants or drivers who are
dependent on psychotropic substances or who are not dependent on such substances
but regularly abuse them, whatever category of licence is requested.

Regular use:

Group 1:

15.1.

Driving  licences  shall  not  be  issued  to,  or  renewed  for,  applicants  or  drivers  who
regularly  use  psychotropic  substances,  in  whatever  form,  which  can  hamper  the
ability to drive safely where the quantities absorbed are such  as to have an adverse
effect on driving. This shall apply to all other medicinal products or combinations of
medicinal products which affect the ability to drive.

Group 2:

15.2.

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

RENAL DISORDERS

Group 1:

16.1.

Driving licences may be issued or renewed for applicants and drivers suffering from
serious renal insufficiency subject to authorised medical opinion and regular medical
check-ups.

Group 2:

16.2.

Save in exceptional cases duly justified by authorised medical opinion, and subject to
regular  medical  check-ups,  driving  licences  shall  not  be  issued  to  or  renewed  for
applicants or drivers suffering from serious and irreversible renal deficiency.

MISCELLANEOUS PROVISIONS

Group 1:

17.1.

Subject to authorised medical opinion and, if necessary, regular medical check-ups,
driving  licences  may  be  issued  to  or  renewed  for  applications  or  drivers  who  have
had an organ transplant or an artificial implant which affects the ability to drive.

Group 2:

17.2.

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.

93

18.

As a general rule, where applicants or drivers suffer from any disorder which is not
mentioned in the preceding paragraph but is liable to be, or to result in, a functional
incapacity  affecting  safety  at  the  wheel,  driving  licences  shall  not  be  issued  or
renewed  unless  the  application  is  supported  by  authorised  medical  opinion  and,  if
necessary, subject to regular medical check-ups.

________________

94

ANNEX IV
INITIAL QUALIFICATION AND PERIODICAL TRAINING OF DRIVING
LICENCE EXAMINERS

(cid:4) new

1.

General conditions

1.1.

A category B driving licence examiner:

(a) must have held a category B licence for at least 5 years;

(b)

be at least  25 years old;

(c) must  have  successfully  completed  the  initial  qualification  provided  for  in
point 2 and must thereafter follow periodic training each  year  as  provided  for
in point 3.

1.2.

A driving licence examiner for the other categories:

(a) must hold a driving licence in the category concerned;

(b) must have successfully completed the initial qualification provided for in point
3  and  must  thereafter  follow  periodic  training  each  year  as  provided  for  in
point 3;

(c) must have been a qualified category B driving licence examiner for at least 3
years ;  this  period  may  be  reduced  to  1  year  provided  that  the  examiner  in
question  can  provide  evidence  of  at  least  5  years  of  during  in  the  category
concerned.

2.

Content of the initial qualification of driving licence examiners:

2.1.

Detailed knowledge of all the points covered by this Directive, and in particular
Annex II thereof. In addition, the initial qualification must cover the following
aspects:

2.1.1. Aspects of driving:

(a)

behaviour in traffic

(b)

taking road traffic into account

(c)

observation technique

(d)

control of the vehicle

(e)

various weather conditions and the state of the road

(f)

defensive driving (appropriate driving, taking into account the interests of road
users, anticipation of situations)

95

(g)

economical and environmentally friendly driving.

2.1.2. Knowledge:

(a)

detailed knowledge of the highway code

(b)

teaching skills.

2.2.

For  the  initial  qualification,  Member  States  shall  require  at  least  a  theoretical
test and a practical test covering each of the subjects covered by this Directive,
and  in  particular  the  subjects  set  out  in  point  2  which  are  necessary  for
verifying  the  knowledge,  aptitudes  and  behaviour  needed  for  a  driving  licence
examiner in the category concerned, special attention being paid to the ability to
drive in this category.

Category  A  driving  licence  examiners  shall  also  be  licensed  to  examine  categories
Am,  A1  and  A2.  Category  C  driving  licence  examiners  shall  also  be  licensed  to
examine categories C1, D et D1. Category C+E driving licence examiners shall also
be licensed to examine categories C1+E, D+E, D1+E.

3.

Periodic training

Periodic  training  must  cover  the  same  subjects  as  the  initial  formation.  The  theoretical
training  must  cover,  in  particular,  such  aspects  as  modifications  to  legislation,  and  teaching
and social skills. The practical training must make it possible to maintain an  excellent level
of ability to drive in the category concerned and personal expertise in this field. A period of
observation lasting at least 1 day a year should provide the necessary information to target the
periodic  training  according  to  the  personal  needs  of  the  examiner.  The  minimum  annual
period of periodic training is as follow:

Theoretical training (all categories):

2 days

Practical training:

Category B: 1 day

Category B+E: 1 day

Category A: 3 days

Category C: 3 days

Category C+E: 3 days.

The  periodic  training  for  category  A  will  also  apply  for  categories  Am,  A1  and  A2.  The
periodic  training  for  category  C  will  also  apply  for  categories  C1,  D  and  D1.  The  periodic
training for category C+E will also apply for categories C1+E, D+E, D1+E. »

________________

96

(cid:1)

ANNEX V

Part A

Repealed Directive as successively amended
(referred to in Article 18)

Council Directive 91/439/EEC31

(OJ L 237, 24.8.1991, p. 1)

Council Directive 94/72/CE

(OJ L 337, 24.12.1994, p. 86)

Council Directive 96/47/CE

(OJ L 235, 17.9.1996, p. 1)

Council Directive 97/26/CE

(OJ L 150, 07.6.1997, p. )41

Commission Directive 2000/56/CE

(OJ L 237, 21.9.2000, p. 45)

EP  and  Council  Directive  2003/59/CE,  only
Article 10, paragraph 2

(OJ L 226, 10.9.2003, p. 4)

31

Directive  91/439/EEC  was  also  amended  by  the  following  act  which  has  not  been  repealed:  Act
concerning  the  accession  of  the  Republic  of  Austria,  the  Republic  of  Finland  and  the  Kingdom  of
Sweden (OJ C 241, 29.8.1994, p. 21).

97

                                                
Part B

Deadlines for transposition in national law and for application
(referred to in Article 18)

Directive

Deadline for transposition

Date of application

Directive 91/439/EEC

1st July 1994

Directive 94/72/EC

Decision 96/427/EC

Directive 96/47/EC

Directive 97/26/EC

-

-

1st July 1996

1st July 1996

xx.xx.1995

16 July 1996

1st July 1996

1st January 1998

1st January 1998

Directive 2000/56/EC

30 September 2003

Directive 2003/59/EC

10 September 2006

________________

30 September 2003, 30
September 2008 (Annex
II, point 6.2.5) and 30
September 2013 (Annex II
point 5.2)

10 September 2008
(passenger transport) and
10 September 2009 (goods
transport)

98

ANNEX VI

CORRELATION TABLE

Council Directive 91/439/EEC

This Directive

Article 1.1, first sentence

Article 1.1

Article 1.1, second sentence

-

-

Article 1.2

Article 1.3

Article 2.1

Article 2.2

Article 2.3

Article 2.4

Article 1.2

Article 2

-

Article 3.1

Article 3.2, first sentence

Article 3.2, second sentence

-

-

Article  3.1,  1st  subparagraph,  introductory
words

Article  4.1,  1st  subparagraph,  introductory
words

-

-

Article 4.1, 1st subparagraph, 1st indent

Article 4.1, 1st subparagraph, 3rd indent

Article 3.1, 1st subparagraph, 1st indent

Article 4.1, 1st subparagraph, 4th indent

Article 3.1, 1st subparagraph, 2nd indent

Article 4.1, 1st subparagraph, 6th indent

Article 3.1, 1st subparagraph, 3rd indent

-

Article 3.1, 1st subparagraph, 4th indent

Article 4.1, 1st subparagraph, 7th indent

Article 3.1, 1st subparagraph, 5th indent

Article 4.1, 1st subparagraph, 10th indent

Article 3.1, 1st subparagraph, 6th indent

Article 4.1, 1st subparagraph, 11th indent

Article 3.1, 1st subparagraph, 7th indent

Article 4.1, 1st subparagraph, 14th indent

Article 3.1, 1st subparagraph, 8th indent

Article 4.1, 1st subparagraph, 15th indent

Article  3.2,  1st  subparagraph,  introductory
words

-

99

Article 3.2, 1er subparagraph, 1st indent

Article 4.1, 1st subparagraph, 2nd indent

Article 3.2, 1er subparagraph, 2nd indent

Article 4.1, 1st subparagraph, 5th indent

Article 3.2, 1st subparagraph, 3rd indent

Article 4.1, 1st subparagraph, 8th indent

Article 3.2, 1st subparagraph, 4th indent

Article 4.1, 1st subparagraph, 9th indent

Article 3.2, 1st subparagraph, 5th indent

Article 4.1, 1st subparagraph, 12th indent

Article  3.2,  1st  subparagraph,  6th  indent,
introductory words

Article  3.2,  1st  subparagraph,  6th  indent,  1er
sub- indent

Article 4.1, 1st subparagraph, 13th indent

Article 4.1, 1st subparagraph, 13th indent

Article  3.2,  1st  subparagraph,  2nd  indent,  2nd
sub-indent

Article 4.1, 2nd subparagraph

Article 3.3, introductory words

Article 4.2, introductory words

Article 3.3, 1st indent

-

Article 4.2.a

Article 4.2.b

Article 3.3, 2nd indent, 1st subparagraph

Article 4.2.c and d

Article 3.3, 2nd indent, 2nd subparagraph

-

Article 3.3, 3rd indent

Article 3.3, 4 th indent

Article 3.3, 5th indent

-

Article 3.4

Article 3.5

Article 3.6

Article 4

Article 5.1

Article 4.2.e

Article 4.2.f

Article 4.2.g

Article 4.3

-

-

Article 4.4

Article 5

Article 6.1

Article 5.2, introductory words

Article 6.2, introductory words

Article 5.2.a

Article 6.2.a

100

Article 5.2.b

-

-

Article 5.3

Article 5.4

Article 6.2.b

Article 6.2.c

Article 6.2.d

Article 6.3

Article 6.4

Article 6.1, introductory words

Article 7.1, introductory words

-

Article 6.1.a, 1st indent

Article 6.1.a, 2nd indent

Article 6.1.b, 1st indent

Article 6.1.b, 2nd indent

Article 6.1.b, 3rd indent

-

Article 6.1.c, 1st indent

-

Article 6.2

-

Article 6.3

Article 7.1.a, 1st indent

Article 7.1.a, 2nd indent

Article 7.1.a, 3rd indent

Article 7.1.b, 1st indent

Article 7.1.b, 2nd indent

Article 7.1.b, 3rd indent

Article 7.1.c, 1st indent

Article 7.1.c, 2nd indent

Article 7.1.d

Article 7.2, 1st subparagraph, first sentence

Article  7.2,  2nd 
sentence

subparagraph, 

second

-

Article 7.1, introductory words

Article 8.1, introductory words

Article 7.1.a

-

-

-

Article 7.1.b

Article 7.2

Article 8.1.a

Article 8.1.b

Article 8.1.c

Article 8.1.d

Article 8.1.e

-

101

Article 7.3

-

-

Article 7.4

Article 7.5

-

Article 8.2

Article 8.3

Article 8.4

Article 8.5, first sentence

Article 8.5, second sentence

Article 7a.1

-

Article 7a.2

Article 7b

-

Article 8

Article 9

Article 10

Article 11

Article 12.1

Article 12.2

Article 12.3

-

Article 13

-

-

Article 14

Annex I

Annex Ia

Annex II

Annex III

Article 9

Article 10

Article 11

Article 12

Article 13

Article 14

Article 15

-

-

Article 16

Article 17

Article 18, first subparagraph

Article 18, second subparagraph

Article 19

Article 20

-

Annex I

Annex II

Annex III

102

-

-

-

Annex IV

Annex V

Annex VI

________________

103

IMPACT ASSESSMENT FORM

IMPACT OF THE PROPOSAL ON BUSINESS WITH SPECIAL REFERENCE TO
SMALL AND MEDIUM-SIZED ENTERPRISES( SMEs)

TITLE OF PROPOSAL

Directive  of  the  European  Parliament  and  of  the  Council  on  driving  licences  and  repealing
Directive 91/439/EEC

DOCUMENT REFERENCE NUMBER

COM(2003)…

THE PROPOSAL

1.

Taking  account  of  the  principle  of  subsidiarity,  why  is  Community  legislation
necessary in this area and what are its main aims?

The Community already has competence in the area of driving licences by means of
Council  Directive  91/439/EEC,  repealing  the  first  Directive  on  driving  licences,
Directive  80/1263/EEC.  The  amendments  which  remain  within  the  competencies
conferred to the Community by virtue of Article 71, paragraph 1 c EC. According to
this  provision  the  European  Parliament  and  the  Council  shall,  acting  in  accordance
with the co-decision procedure, lay down measures to improve transport safety.

To  a  large  extent,  the  proposed  amendments  aim  at  improving  road  safety  as  an
aspect of transport safety. They shall improve the overall European standard of driver
licensing related safety aspects by means of harmonised driver licensing legislation.
Furthermore,  a  large  number  of  the  proposed  measures  aim  at  enhancing  free
movement of driving licence holders, who represent a large proportion of European
citizens. This fits within the framework of the “Lisbon Agenda”. Moreover, it has to
be  underlined  that  the  jurisprudence  of  the  Court  of  Justice  of  the  European
Communities  underlines  the  effects  that  driver  licensing  may  have  on  the  free
movement of citizens, one of the core liberties guaranteed by the Union Treaty.

The proposed measures will indirectly enhance the security of transport through the
enhanced  anti-fraud  protection  of  the  Community  licence  model,  the  optional
introduction of a microchip and the deletion of the paper model Community driving
licence.

The objectives of the proposed legislative measures cannot be sufficiently achieved
by Member States. National systems in the field of driver licensing vary widely and
in  particular  do  not  emphasise  the  aspects  of  free  movement  and  freedom  of
establishment. Again, this has been clearly underlined by the Court of Justice of the
European Communities.

104

THE IMPACT ON BUSINESS

2.

Who will be affected by the proposal?

–  which sectors of business

The  proposal  will  affect  all  future  holders  of  driving  licences,  as  well  as  driving
instructors,  driving  examiners,  but  also  public  administrations  dealing  with  driver
licensing,  as  well  as  enforcement  authorities.  There  will  be  indirect  effects  on  the
producers of driving licences as the paper model licence will be deleted and only the
plastic  card  licence  will  remain.  However,  it  will  not  directly  affect  their  business.
There  will  also  be  indirect  effects  on  producers  of  vehicles  as  the  so-called
subcategories  of  Directive  91/439/EEC  will  be  harmonised.  This  harmonisation
should  have  positive  effect  because  of  the  increased  market  and  the  harmonised
definitions.

–  which  sizes  of  business  (what  is  the  concentration  of  small  and  medium-sized

firms)

The  main  group  of  small  and  medium-sized  business  to  be  affected  will  be  the
driving schools sector. They are predominantly small businesses (1 person mainly).

–  are  there  particular  geographical  areas  of  the  Community  where  these

businesses are found

No, the representation is equal in all MS.

3.

What will business have to do to comply with the proposal?

Driving schools will as always have the opportunity to offer training to applicants for
a driving licence. There is nothing new in that. One could only note that the different
categories of  driving  licences  are  further  harmonised  and  as  such  there  is  a  greater
opportunity for increasing work in this typically small enterprise sector.

4.

What economic effects is the proposal likely to have?

–  on employment

There will be a positive effect of the increased harmonisation.

–  on investment and the creation of new businesses

The fact that in certain Member States new licence categories are to be introduced,
will probably result in an increase for the driving school sector as described above,
but could also result in the indirect increase of the use certain vehicle types like light
motorcycles, small vans and small buses which were not harmonised so far.

–  on the competitiveness of businesses

The  harmonisation  of  the  definitions  of  categories  of  driving  licences  will  have  a
positive effect on the competitiveness of businesses. However, it is difficult to speak
about competitiveness in a sector that is so locally organised.

105

5.

Does the proposal contain measures to take account of the specific situation of small
and medium-sized firms (reduced or different requirements etc)?

The proposal does not contain specific measures to this effect.

CONSULTATION

6.

List the organisations that have been consulted about the proposal and outline their
main views.

The  current  proposal  draws  on  the  results  of  studies  carried  out  since  1994.  The
harmonisation of the categories of driving licences was discussed with the licensing
authorities  of  the  Member  States  (CIECA),  with  driving  school  federations
(EFA, IVV, a.o.), with representatives of vehicle industry (ACEM, AFQUAD), with
organisations representing users (FIM, FEMA) or sectors (IRU).

The  studies  and  the  following  discussions  were  brought  to  the  knowledge  of  the
Committee  on  the  driving  licence  and  to  the  Governmental  Experts  on  the  driving
licence and were discussed in extenso.

106