Common Position (EC) No 23/2006 of 18 September 2006 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a Directive of the European Parliament and of the Council on driving licences (Recast)   (Text with EEA relevance)
Date: 2006-09-18
Institutions: Council of the European Union
Subjects: European driving licence, driving licence, harmonisation of standards, mutual recognition principle, road safety

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I

(Information)

COUNCIL

COMMON POSITION (EC) No 23/2006

adopted by the Council on 18 September 2006

with a view to the adoption of Directive 2006/…/EC of the European Parliament and of the
Council of… on driving licences (Recast)

(2006/C 295 E/01)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO-
PEAN UNION,

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 71 thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Economic and
Social Committee (1),

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in
Article 251 of the Treaty (2),

(3)

Whereas:

(1)

(2)

Council Directive 91/439/EEC of 29 July 1991 on
driving licences (3) has been significantly amended on
several occasions. Now that new amendments are being
made to the said Directive,
it is desirable, in order to
clarify matters, that the provisions in question should be
recast.

The rules on driving licences are essential elements of
the common transport policy, contribute to improving
road safety, and facilitate the free movement of persons
taking up residence in a Member State other than the
one issuing the licence. Given the importance of indivi-
dual means of transport, possession of a driving licence
duly recognised by a host Member State promotes free

(1) OJ C 112, 30.4.2004, p. 34.
(2) Opinion of the European Parliament of 23 February 2005 (OJ C
304 E, 1.12.2005, p. 202), Council Common Position of 18
September 2006 and Position of the European Parliament of … (not
yet published in the Official Journal) .

(3) OJ L 237, 24.8.1991, p. 1. Directive as last amended by Regulation
(EC) No 1882/2003 of the European Parliament and of the Council
(OJ L 284, 31.10.2003, p. 1).

movement and freedom of establishment of persons.
Despite the progress achieved with harmonising the
rules on driving licences, significant differences have
persisted between Member States in the rules on periodi-
city of licences renewal and on subcategories of vehicles,
which needed to be harmonised more fully, in order to
contribute to the implementation of Community poli-
cies.

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 110 different models
of driving licences valid in the Member States. This
transparency for citizens, police
creates problems of
forces and the administrations
the
administration of driving licences and leads to the falsifi-
cation of documents which sometimes date back several
decades.

responsible for

(4)

In order to prevent the single European driving licence
model from becoming an additional model to the 110
already in circulation, Member States should take all
necessary measures to issue this single model
to all
licence holders.

(5)

This Directive should not prejudice existing entitlements
to drive granted or acquired before its date of applica-
tion.

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Driving licences are mutually recognised. Member States
should be able to apply the period of validity prescribed
by this Directive to a licence without a limited adminis-
trative validity issued by another Member State and
whose holder has resided on their territory for more
than two years.

(13)

in particular,

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

(6)

(7)

(8)

(9)

The introduction of a period of administrative validity
for new driving licences should make it possible to
apply at the time of periodic renewal the most recent
counter-falsification measures and the medical examina-
tions or other measures provided for by the Member
States.

On road safety grounds, the minimum requirements for
the issue of a driving licence should be laid down. Stan-
dards for driving tests and licensing need to be harmo-
nised. To this end the knowledge, skills and behaviour
should be
connected with driving motor vehicles
defined,
the driving test should be based on these
concepts and the minimum standards of physical and
mental fitness for driving such vehicles should be rede-
fined.

Proof of fulfilment of compliance with minimum stan-
fitness for driving by
dards of physical and mental
drivers of vehicles used for the transport of persons or
goods should be provided when the driving licence is
issued and periodically thereafter. Such regular control
in accordance with national rules of compliance with
minimum standards will contribute to the free move-
ment of persons, avoid distortions of competition and
better take into account the specific responsibility of
drivers of
should be
such vehicles. Member States
allowed to impose medical examinations as a guarantee
of compliance with the minimum standards of physical
and mental fitness for driving other motor vehicles. For
reasons of transparency, such examinations should coin-
cide with a renewal of driving licences and therefore be
determined by the period of validity of the licence.

(10)

It is necessary to strengthen further the principle of
progressive access to the categories of two-wheeled vehi-
cles and to the categories of vehicles used for the trans-
port of passengers and goods.

(11) Nevertheless, Member States should be allowed to set a
higher age limit for the driving of certain categories of
vehicles
to further promote road safety;
Member States should in exceptional circumstances be
allowed to set lower age limits in order to take account
of national circumstances.

in order

(12)

The definitions of
to a
greater extent the technical characteristics of the vehicles
concerned and the skills needed to drive a vehicle.

the categories should reflect

(14)

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

(15)

(16)

(17)

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

suspension,

set out

in Directive
The model driving licence as
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 and of a new category of driving licences for
motorcycles.

The introduction of an optional microchip in the new
plastic card model driving licence should enable the
Member States to further improve the level of anti-fraud
protection. Member States should have flexibility to
include national data on the chip provided that it does
not interfere with commonly accessible data. The tech-
nical requirements for the microchip should be deter-
mined by the Commission, assisted by the committee on
driving licences.

(18) Minimum standards concerning access to the profession
of examiner and examiner training requirements should
be established in order to improve the knowledge and
skills of examiners thereby ensuring a more objective
evaluation of driving licence applicants and achieving
greater harmonisation of driving tests.

(19)

The Commission should be allowed to undertake the
adaptation of Annexes I to VI to scientific and technical
progress.

(20)

The measures necessary for the implementation of this
Directive should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down
the procedures for the exercise of implementing powers
conferred on the Commission (1).

(1) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision

2006/512/EC (OJ L 200, 22.7.2006, p. 11).

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(21)

Since the objectives of this Directive cannot be suffi-
ciently achieved by the Member States and can therefore,
their scale and their effects, be better
by reason of
the Community may
achieved at Community level,
in accordance with the principle of
adopt measures,
subsidiarity as set out in Article 5 of the Treaty.
In
accordance with the principle of proportionality, as set
out in that Article, this Directive does not go beyond
what is necessary in order to achieve those objectives.

(22)

This Directive should not prejudice the obligations of
the Member States relating to the deadlines for transposi-
tion into national law and application of the Directives
listed in Annex VII, Part B,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Model licence

1. Member States shall introduce a national driving licence
based on the Community model set out in Annex I, in accord-
ance with the provisions of this Directive. The emblem on page
1 of the Community model driving licences shall contain the
distinguishing sign of the Member State issuing the licence.

2. Without prejudice to data protection rules, Member
States may introduce a storage medium (microchip) as part of
the driving licence, as soon as the requirements in Annex I
concerning the microchip are laid down by the Commission in
accordance with the procedure referred to in Article 9(2).
These requirements shall 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 shall incorporate the harmonised driving

3.
licence data specified in Annex I.

Article 2

Mutual recognition

Driving licences

1.
mutually recognised.

issued by Member States

shall be

2. When the holder of a valid national driving licence
without the administrative validity period set out in Article 7(2)
takes up normal residence in a Member State other than that
which issued the driving licence, the host Member State may
apply to the licence the administrative validity periods set out
in that Article by renewing the driving licence, as from 2 years
after the date on which the holder has taken up normal resi-
dence on its territory.

Article 3

Anti-forgery measures

1. Member States shall take all necessary steps to avoid any
risk of forgery of driving licences,
including that of model
driving licences issued before the entry into force of this Direc-
tive. They shall inform the Commission thereof.

2.
The material used for the driving licence, as set out in
Annex I, shall be made secure against forgery in application of
specifications which are to be laid down by the Commission in
accordance with the procedure referred to in Article 9(2).
Member States are free to introduce additional security features.

3. Member States shall ensure that, by … (*), all driving
licences issued or in circulation fulfil all the requirements of
this Directive.

After consulting the Commission, Member States may store
additional data, provided that it does not in any way interfere
with the implementation of this Directive.

Categories, definitions and minimum ages

Article 4

In accordance with the procedure referred to in Article 9(2),
the Commission may adapt Annex I in order to guarantee
future interoperability.

4. With the agreement of the Commission, Member States
may make to the model set out in Annex I such adjustments as
are necessary for computer processing of the driving licence.

The driving licence provided for

in Article 1 shall
1.
authorise the driving of power-driven vehicles in the categories
defined hereafter. It may be issued from the minimum age indi-
cated for each category. A ‘power-driven vehicle’ means any
self-propelled vehicle running on a road under its own power,
other than a rail-borne vehicle.

(*) 26 years after the date of entry into force of this Directive.

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2. Mopeds:

Category AM

— Two-wheel

three-wheel

vehicles or

vehicles with a
maximum design speed of not more than 45 km/h, as
defined in Article 1(2)(a) of 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 Council Directive 92/61/EEC (1)
(excluding those with a maximum design speed under or
equal to 25 km/h), and light quadricycles as defined in
Article 1(3)(a) of Directive 2002/24/EC,

— the minimum age for category AM is fixed at 16 years;

3. Motorcycles with or without a sidecar and motor
tricycles:

— ‘motorcycle’ means two-wheel vehicles with or without a
in Article 1(2)(b) of Directive

defined

sidecar,
as
2002/24/EC,

(ii) motor tricycles with a power exceeding 15 kW

— The minimum age for motor tricycles exceeding

15 kW is fixed at 21 years.OK ?

4. Motor vehicles:

— ‘motor vehicle’ means any power-driven vehicle, 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,

— ‘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 connec-
tion 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;

— ‘motor tricycle’ means vehicles with three symmetrically
arranged wheels, as defined in Article 1(2)(c) of Directive
2002/24/EC;

(a) Category B1:

(a) Category A1:

— 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,

— motor tricycles with a power not exceeding 15 kW,

— the minimum age for category A1 is fixed at 16 years;

— quadricycles, as defined in Article 1(3)(b) of Directive

2002/24/EC,

— the minimum age for category B1 is fixed at 16 years,

— category B1 is optional; in Member States which do not
introduce this category of driving licence, a driving
licence for category B shall be required to drive such
vehicles;

(b) Category A2:

(b) Category B:

— motorcycles of a power not exceeding 35 kW and with
a power/weight ratio not exceeding 0,2 kW/kg and not
derived from a vehicle of more than double its power,

— the minimum age for category A2 is fixed at 18 years;

motor vehicles with a maximum authorised mass not
exceeding 3 500 kg and designed and constructed for the
carriage of 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 which does not exceed 750 kg.

(c) Category A:

(i) motorcycles

this category shall be subject

— The minimum age for category A is fixed at
20 years. However, access to the driving of motor-
cycles of
to a
minimum of two years' experience on motorcycles
under an A2 licence. This
to
previous experience may be waived if the candidate
is at least 24 years old.

requirement as

Without prejudice to the provisions of type-approval rules
for the vehicles concerned, motor vehicles in this category
may be combined with a trailer with a maximum
authorised mass exceeding 750 kg, provided that
the
maximum authorised mass of this combination does not
exceed 4 250 kg.
In case such a combination exceeds
in accordance with the
3 500 kg, Member States shall,
provisions of Annex V, require that this combination shall
only be driven after:

— a training has been completed, or

(1) OJ L 124, 9.5.2002, p. 1. Directive as last amended by Commission

Directive 2005/30/EC (OJ L 106, 27.4.2005, p. 17).

— a test of skills and behaviour has been passed.

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Member States may also require both such a training and
the passing of a test of skills and behaviour.

(f) Category C:

Member States shall indicate the entitlement to drive such a
combination on the driving licence by means of the rele-
vant Community code.

The minimum age for category B is fixed at 18 years;

motor vehicles other than those in categories D1 or D,
whose maximum authorised mass is over 3 500 kg and
which are designed and constructed for the carriage of 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 which does not exceed
750 kg;

(c) Category BE:

(g) Category CE:

— without prejudice to the provisions of type-approval
rules for the vehicles concerned, combination of vehi-
cles consisting of a tractor vehicle in category B and a
trailer or semi-trailer where the maximum authorised
mass of
the trailer or semi-trailer does not exceed
3 500 kg,

— the minimum age for category BE is fixed at 18 years;

(d) Category C1:

motor vehicles other than those in categories D1 or D, the
maximum authorised mass of which exceeds 3 500 kg, but
does not exceed 7 500 kg, and which are designed and
constructed for the carriage of no more than eight passen-
gers in addition to the driver; motor vehicles in this cate-
gory may be combined with a trailer having a maximum
authorised mass not exceeding 750 kg;

— without prejudice to the provisions of type-approval
rules for the vehicles concerned, combinations of vehi-
cles where the tractor vehicle is in category C and its
trailer or semi-trailer has a maximum authorised mass
of over 750 kg,

— the minimum age for categories C and CE is fixed at
21 years, without prejudice to the provisions for the
driving of such vehicles in Directive 2003/59/EC;

(h) Category D1:

motor vehicles designed and constructed for the carriage of
no more than 16 passengers in addition to the driver and
with a maximum length not exceeding 8 m; motor vehicles
in this category may be combined with a trailer having a
maximum authorised mass not exceeding 750 kg;

(e) Category C1E:

(i) Category D1E:

— without prejudice to the provisions of type-approval
rules for the vehicles concerned, combinations of vehi-
cles 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 authorised mass of
the combination does not exceed 12 000 kg,

— without prejudice to the provisions of type-approval
rules for the vehicles concerned, combinations of vehi-
cles where the tractor vehicle is in category B and its
trailer or semi-trailer has an authorised mass of over
3 500 kg, provided that the authorised mass of the
combination does not exceed 12 000 kg,

the European Parliament and of

— the minimum age for categories C1 and C1E is fixed at
the age of 18 years, without prejudice to the provisions
for the driving of such vehicles in Directive 2003/59/EC
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
Directive
repealing
76/914/EEC (1);

Council

and

(1) OJ L 226, 10.9.2003, p. 4. Directive as amended by Council Direc-

tive 2004/66/EC (OJ L 168, 1.5.2004, p. 35).

— without prejudice to the provisions of type-approval
rules for the vehicles concerned, combinations of vehi-
cles where the tractor vehicle is in category D1 and its
trailer has a maximum authorised mass of over 750 kg,

— the minimum age for categories D1 and D1E is fixed at
21 years, without prejudice to the provisions for the
driving of such vehicles in Directive 2003/59/EC;

(j) Category D:

motor vehicles designed and constructed for the carriage of
more than eight passengers in addition to the driver; motor
vehicles which may be driven with a category D licence
may be combined with a trailer having a maximum
authorised mass which does not exceed 750 kg;

(k) Category DE:

— without prejudice to the provisions of type-approval
rules for the vehicles concerned, combinations of vehi-
cles where the tractor vehicle is in category D and its
trailer has a maximum authorised mass of over 750 kg,

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— the minimum age for categories D and DE is fixed at
24 years, without prejudice to the provisions for the
driving of such vehicles in Directive 2003/59/EC;

5. 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
disabled persons.

Article 5

Conditions and restrictions

Driving licences shall state the conditions under which

1.
the driver is authorised to drive.

Member States may exclude from the application of this Direc-
tive vehicles used by, or under the control of, the armed forces
and civil defence.

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.

6. Member States may raise or lower the minimum age for
issuing a driving licence:

(a) for category AM down to 14 years or up to 18 years;

(b) for category B1 up to 18 years;

(c) for category A1 up to 17 or 18 years,

— if there is a two years difference between the minimum
age for category A1 and the minimum age for
category A2, and

— there is a requirement of a minimum of two years
experience on motorcycles of category A2 before access
to the driving of motorcycles for category A can be
granted, as referred to in Article 4(3)(c)(i);

Article 6

Staging and equivalences between categories

The issue of driving licences shall be subject

1.
following conditions:

to the

(a) licences for categories C1, C, D1 and D shall be issued only
to drivers already entitled to drive vehicles in category B;

(b) licences for categories BE, C1E, CE, D1E and DE shall be
issued only to drivers already entitled to drive vehicles in
categories B, C1, C, D1 and D respectively.

The validity of driving licences shall be determined as

2.
follows:

(d) for categories B and BE down to 17 years.

(a) licences granted for categories C1E, CE, D1E or DE shall be

valid for combinations of vehicles in category BE;

Member States may lower the minimum age for category C to
18 years and for category D to 21 years with regard to:

(a) vehicles used by the fire service and vehicles used for main-

taining public order;

(b) vehicles undergoing road tests for repair or maintenance

purposes.

Driving licences issued to persons at a lower age than set out
in paragraphs 2 to 4 in accordance with this paragraph shall
only be valid on the territory of the issuing Member State until
the licence holder has reached the minimum age limit set out
in paragraphs 2 to 4.

(b) licences granted for category CE shall be valid for category
DE as long as their holders are entitled to drive vehicles in
category D;

(c) licences granted for category CE and DE shall be valid for
combinations of vehicles in categories C1E and D1E respec-
tively;

(d) licences granted for any category shall be valid for vehicles
in category AM. However, for driving licences issued on its
territory, a Member State may limit the equivalences for
category AM to categories A1, A2 and A, if that Member
State imposes a practical test as a condition for obtaining
category AM;

(e) licences issued for category A2 shall also be valid for cate-

gory A1;

Member States may recognise the validity on their territory of
driving licences issued to drivers under the minimum ages set
out in paragraphs 2 to 4.

(f) licences granted for categories A, B, C or D shall be valid

for categories A1, A2, B1, C1, or D1 respectively.

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For driving on their territory, Member States may grant

3.
the following equivalences:

(a) motor tricycles under a licence for category B, for motor
tricycles with a power exceeding 15 kW provided that the
holder of the licence for category B is at least 21 years old;

(b) category A1 motorcycles under a licence for category B.

As this paragraph is only valid on their territories, Member
States shall not indicate on the driving licence that a holder is
entitled to drive these vehicles.

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

(a) vehicles of category D1 (with a maximum authorised mass
of 3 500 kg, 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 earlier provided that the vehicles
are being used by non-commercial bodies
social
purposes and that the driver provides his services on a
voluntary basis;

for

(b) vehicles of a maximum authorised mass exceeding 3 500 kg
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 recrea-
tional area, and that they are being used by non-commer-
cial bodies for social purposes and that vehicles have been
modified so that they may not be used either for the trans-
port of more than nine persons or for the transport of any
goods other than those strictly necessary for their purposes.

Article 7

Issue, validity and renewal

(c) who have, as regards category A2 or category A, on the
condition of having acquired a minimum of 2 years' experi-
ence on a motorcycle in category A1 or in category A2
respectively, passed a test of skills and behaviour only, or
completed a training pursuant to Annex VI;

(d) who have completed a training or passed a test of skills and
behaviour, or completed a training and passed a test of
skills and behaviour pursuant to Annex V as regards cate-
gory B for driving a vehicle combination as defined in the
second subparagraph of Article 4(4)(b);

(e) 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.

2.

(a) As from … (*),

licences issued by Member States for
categories AM, A1, A2, A, B, B1 and BE shall have an
administrative validity of 10 years.

A Member State may choose to issue such licences with
an administrative validity of up to 15 years;

(b) As from … (*),

licences issued by Member States for
categories C, CE, C1, C1E, D, DE, D1, D1E shall have an
administrative validity of 5 years;

(c) The renewal of a driving licence may trigger a new
administrative validity period for another category or
categories the licence holder is entitled to drive, insofar
as this is in conformity with the conditions laid down in
this Directive;

(d) The presence of a microchip pursuant to Article 1 shall
not be a prerequisite for the validity of a driving licence.
The loss or unreadability of the microchip, or any other
damage thereto, shall not affect the validity of the docu-
ment.

1.

Driving licences shall be issued only to those applicants:

The renewal of driving licences when their administrative

3.
validity expires shall be subject to:

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

(b) who have passed a theory test only as regards category AM;
Member States may require applicants to pass a test of
skills and behaviour and a medical examination for this
category.

For tricycles and quadricycles within this category, Member
States may impose a distinctive test of skills and behaviour.
in category AM, a
For
national code may be inserted on the driving licence;

the differentiation of vehicles

(*) Six years after the date of entry into force of this Directive.

(a) continuing compliance with the minimum standards of
physical and mental fitness for driving set out in Annex III
for driving licences in categories C, CE, C1, C1E, D, DE,
D1, D1E; and

(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 cate-
gories AM, A, A1, A2, B, B1 and BE, require an examination
applying the minimum standards of physical and mental fitness
for driving set out in Annex III.

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Member States may limit the period of administrative validity
set out in paragraph 2 of driving licences issued to novice
drivers for any category in order to apply specific measures to
such drivers, aiming at improving road safety.

Member States may limit the period of administrative validity
of the first licence issued to novice drivers for categories C and
D to 3 years in order to be able to apply specific measures to
such drivers, so as to improve their road safety.

Member States may limit the period of administrative validity
set out in paragraph 2 of individual driving licences for any
category in case it is found necessary to apply an increased
frequency of medical checks or other specific measures such as
restrictions for traffic offenders.

Member States may reduce the period of administrative validity
set out in paragraph 2 of driving licences of holders residing
on their territory having reached the age of 50 years in order
to apply an increased frequency of medical checks or other
specific measures such as refresher courses. This reduced
period of administrative validity can only be applied upon
renewing the driving licence.

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

5.

(a) No person may hold more than one driving licence;

(b) A Member State shall refuse to issue a licence where it
establishes that the applicant already holds a driving
licence;

(c) Member States

take

shall

the necessary measures
pursuant to point (b). The necessary measures as regards
the issue, replacement, renewal or exchange of a driving
licence shall be to verify with other Member States
where there are reasonable grounds to suspect that the
applicant
is already the holder of another driving
licence;

(d) In order to facilitate the checks pursuant to point (b),
Member States shall use the EU driving licence network
once it is operational.

Without prejudice to Article 2, a Member State issuing a
licence shall apply due diligence to ensure that a person
fulfils the requirements set out in paragraph 1 of this Article
and shall apply its national provisions on the cancellation or
withdrawal of the right to drive if it is established that a
licence has been issued without the requirements having
been met.

Article 8

Adaptation to scientific and technical progress

The amendments necessary to adapt Annexes I to VI to scien-
tific and technical progress shall be adopted in accordance with
the procedure referred to in Article 9(2).

Article 9

Committee

The Commission shall be assisted by the committee on

1.
driving licences, hereinafter referred to as ‘the Committee’.

2. Where reference is made to this paragraph, Articles 5 and
7 of Decision 1999/468/EC shall apply, having regard to the
provisions of Article 8 thereof.

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

3.

The Committee shall adopt its Rules of Procedure.

Article 10

Examiners

From the entry into force of this Directive, driving examiners
shall meet the minimum standards set out in Annex IV.

Driving examiners already working in that capacity before
… (*) shall be subject only to the requirements concerning
quality assurance and regular periodic training measures.

Article 11

Various provisions concerning the exchange, the with-
drawal, the replacement and the recognition of driving
licences

1. 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 for which cate-
gory the licence submitted is in fact still valid.

Subject to observance of the principle of territoriality of
2.
criminal and police laws, the Member State 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 neces-
sary, exchange the licence for that purpose.

(*) Six years after the date of entry into force of this Directive.

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3.
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 doing so.

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.

4.
A Member State shall refuse to issue a driving licence to
an applicant whose driving licence is restricted, suspended or
withdrawn in another Member State.

Article 13

Equivalences between non-Community model licences

A Member State shall refuse to recognise the validity of any
driving licence issued by another Member State to a person
whose driving licence is restricted, suspended or withdrawn in
the former State's territory.

1. With the agreement of the Commission, Member States
shall establish equivalences between entitlements obtained
before the implementation of this Directive and the categories
defined in Article 4.

A Member State may also refuse to issue a driving licence to an
applicant whose licence is cancelled in another Member State.

A replacement

for a driving licence which has,

5.
for
example, been lost or stolen may only be obtained from the
competent authorities of the Member 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 State which issued the original licence.

6. Where a Member State exchanges a driving licence issued
by a third country for a Community model driving licence,
such exchange shall be recorded on the Community model
driving licence as shall any subsequent renewal or replacement.

Such an exchange may occur only if the licence issued by the
third country has been surrendered to the competent authori-
ties 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 the principle of mutual recogni-
tion set out in Article 2.

Article 12

Normal residence

After consulting the Commission, Member States may make to
their national legislation such adjustments as are necessary for
the purpose of implementing the provisions of Article 11(4),
(5) and (6).

Any entitlement to drive granted before … (*) shall not
2.
be removed or in any way qualified by the provisions of this
Directive.

Article 14

Review

The Commission shall report on the implementation of this
Directive, including its impact on road safety, not earlier than
… (**).

Article 15

Mutual Assistance

Member States shall assist one another in the implementation
of this Directive and shall exchange information on the licences
they have issued, exchanged, replaced, renewed or revoked.
They shall use the EU driving licence network set up for these
purposes, once this network is operational.

Article 16

Transposition

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

1. Member States shall adopt and publish, not later than
… (***),
the laws, regulations and administrative provisions
necessary to comply with Article 1(1), Article 3, Article 4(1),
(2), (3) and (4)(b) to (k), Article 6(1), (2)(a), (c), (d) and (e),
Article 7(1)(b), (c) and (d), (2), (3) and (5), Article 8, Article 10,
Article 13, Article 14, Article 15, and Annexes I, point 2, II,
point 5.2 concerning categories A1, A2 and A, IV, V and VI.
They shall forthwith communicate to the Commission the text
of those provisions.

(*) Six years after the date of entry into force of this Directive.
(**) Eleven years after the date of entry into force of this Directive.
(***) Four years after the date of entry into force of this Directive.

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2.

They shall apply those provisions as from … (*).

3. When Member States adopt those provisions, they shall
contain a reference to this Directive or shall be accompanied
by such 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 repealed Directive shall be construed as being made to this
Directive. The methods of making such reference, and its
wording, shall be laid down by Member States.

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

Article 17

Repeal

Directive 91/439/EEC shall be repealed with effect from … (*),
without prejudice to the obligations of the Member States with
regard to the deadlines indicated in Annex VII, Part B for trans-
posing that Directive into national law.

Article 2(4) of Directive 91/439/EEC shall be repealed on
… (**).

References made to the repealed Directive shall be construed as
being made to this Directive and should be read in accordance
with the correlation table in Annex VIII.

Article 18

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 2(1), Article 5, Article 6(2)(b), Article 7(1)(a), Article 9,
Article 11(1), (3), (4), (5) and (6), Article 12, and Annexes I, II
and III shall apply from … (***).

Article 19

Addressees

This Directive is addressed to the Member States.

Done at … , on …

For the European Parliament

The President

…

For the Council

The President

…

(*) Six years after the date of entry into force of this Directive.
(**) Date of entry into force of this Directive.

(***) Two years after the date of entry into force of this Directive.

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ANNEX I

PROVISIONS CONCERNING THE COMMUNITY MODEL DRIVING LICENCE

1. The physical characteristics of the card of the Community model driving licence shall be in accordance with

ISO 7810 and ISO 7816-1.

The card shall be made of polycarbonate.

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. Physical security of driving licences

The threats to the physical security of driving licences are:

— production of false cards: creating a new object which bears great resemblance to the document, either by

making it from scratch or by copying an original document,

— material alteration: changing a property of an original document, e.g. modifying some of the data printed on the

document;

The overall security lies in the system in its entirety, consisting of the application process, the transmission of data,
the card body material, the printing technique, a minimum set of different security features and the personalisation
process.

(a) The material used for driving licences shall be made secure against forgery by using the following techniques

(mandatory security features):

— card bodies shall be UV dull,

— a security background pattern designed to be resistant to counterfeit by scanning, printing or copying, using
rainbow printing with multicolour security inks and positive and negative guilloche printing. The pattern
shall not be composed of the primary colours (CMYK), shall contain complex pattern designs in a minimum
of two special colours and shall include micro lettering,

— optical variable elements providing adequate protection against copying and tampering of the photograph,

— laser engraving,

— in the area of the photograph the security design background and photograph should overlap on at least its

border (weakening pattern).

(b) In addition, the material used for driving licences shall be made secure against forgery by using at least three of

the following techniques (additional security features):

— colour-shifting inks*,

— termochromic ink*,

— custom holograms*,

— variable laser images*,

— ultraviolet fluorescent ink, visible and transparent,

— iridescent printing,

— digital watermark in the background,

— infrared or phosphorescent pigments,

— tactile characters, symbols or patterns*.

(c) Member States are free to introduce additional security features. As a basis, the techniques indicated with an
asterisk are to be preferred as they enable the law enforcement officers to check the validity of the card without
any special means.

3. The licence shall have two sides.

Page 1 shall contain:

(a) the words ‘Driving Licence’ printed in large type in the language or languages of the Member State issuing the

licence;

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

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(c) 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:

B:

Belgium

CZ: Czech Republic

DK: Denmark

D:

Germany

EST: Estonia

GR: Greece

E:

F:

Spain

France

IRL:

Ireland

I:

Italy

CY: Cyprus

LV:

Latvia

LT:

Lithuania

L:

H:

Luxembourg

Hungary

M: Malta

NL: The Netherlands

A:

Austria

PL:

Poland

P:

Portugal

SLO: Slovenia

SK:

Slovakia

FIN: Finland

S:

Sweden

UK: The United Kingdom;

(d) information specific to the licence issued, numbered as follows:

1. surname of the holder;

2. other name(s) of the holder;

3. date and place of birth;

4.

(a) date of issue of the licence;

(b) date of expiry of the licence or a dash if the licence is valid indefinitely under the provision of

Article 7(2)(c);

(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);

5. number of the licence;

6. photograph of the holder;

7. signature of the holder;

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

9. category of vehicle(s) the holder is entitled to drive (national categories shall be printed in a different type

from harmonised categories);

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(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

Řidičský průkaz

Kørekort

Führerschein

Juhiluba

Άδεια Οδήγησης

Driving Licence

Permis de conduire

Ceadúas Tiomána

Patente di guida

Vadītāja apliecība

Vairuotojo pažymėjimas

Vezetői engedély

Liċenzja tas-Sewqan

Rijbewijs

Prawo Jazdy

Carta de Condução

Vodičský preukaz

Vozniško dovoljenje

Ajokortti

Körkort;

(f) Colour references:

— blue: Pantone Reflex Blue,

— yellow: Pantone Yellow.

Page 2 shall contain:

(a) 9.

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

11.

date of expiry of each category;

12.

additional information/restriction(s), in code form, facing the (sub)category affected.

The codes shall be as follows:

— 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

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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

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

20.13 Brake operated by knee

20.14 Electrically operated service brake

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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.)

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 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

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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

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)

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)

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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 (C1E)

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 (D1E)

78. Restricted to vehicles with automatic transmission

79. (…) Restricted to vehicles which comply with the specifications indicated in brackets, in the context of

the application of Article 10(1) of Directive 91/439/EEC

90.01: to the left

90.02: to the right

90.03:

left

90.04: right

90.05: hand

90.06: foot

90.07: usable

95. Driver holding CPC meeting the obligation of professional aptitude provided for by Directive

2003/59/EC until … [e.g.: 95.01.01.2012]

96. Driver having completed training or having passed a test of skills and behaviour in accordance with the

provisions of Annex V.

— codes 100 and above:: national codes valid only for driving in the territory of the Member State which

issued the licence.

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

13.

in implementation of section 4(a) of this Annex, a space reserved for the possible entry by the host
Member State of information essential for administering the licence;

14. 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 ques-
tion.

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:
Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian,
Maltese, Polish, Portuguese, Slovak, Slovenian, 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.

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4. 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 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 and national

symbols, 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.

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COMMUNITY MODEL DRIVING LICENCE

Page 1 DRIVING LICENCE [MEMBER STATE]

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 (1) 10. Date of issue, by cate-
gory 11. Date of expiry, by category 12. Restrictions

(1) Note: a pictogram and a line for category AM will be added.

Note: the term ‘A2’ will be added to the section on motorcycle categories.

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SPECIMEN MODEL LICENCE

BELGIAN LICENCE (for information)

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ANNEX II

I. 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.

1.

THEORY TEST

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, 3 and 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, 3 and 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 road holding 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:

— 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;

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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 A1, A2 and A

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, CE, C1, C1E, D, DE, D1 and D1E

4.1.

Compulsory check of general knowledge on:

4.1.1. Rules on driving hours and rest periods as defined by Council Regulation (EEC) No 3820/85 of
20 December 1985 on the harmonisation of certain social legislation relating to road transport (1); use of the
recording equipment as defined by Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording
equipment in road transport (2),

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, CE, C1, C1E 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, DE, D1, D1E only).

4.2.

Compulsory check of general knowledge on the following additional provisions concerning categories C, CE, D
and DE:

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.);

(1) OJ L 370, 31.12.1985, p. 1. Regulation as repealed by Regulation (EC) No 561/2006 of the European Parliament and of the Council

(OJ L 102, 11.4.2006, p. 1).

(2) OJ L 370, 31.12.1985, p. 8. Regulation as last amended by Regulation (EC) No 561/2006.

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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 CE, DE only);

4.2.6. Methods of locating causes of breakdowns;

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

B.

5.

5.1.

conditions (categories C, CE only).

TEST OF SKILLS AND BEHAVIOUR

The vehicle and its equipment

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:

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:

Motorcycle without sidecar, with a cylinder capacity of at least 400 cm3, and an engine power of at least 25 kW

Category A

Motorcycle without sidecar, with a cylinder capacity of at least 600 cm3, and an engine power of at least 40 kW

Category B:

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

Category BE:

A combination, made up of a category B test vehicle and a trailer with a maximum authorised mass of at least
1 000 kg, capable of a speed of at least 100 km/h, which does not fall within category B; the cargo compart-
ment 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 kg real total mass;

Category B1:

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

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Category C:

A category C vehicle with a maximum authorised mass of at least 12 000 kg, a length of at least 8 m, a width
of at least 2,40 m 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 kg real total mass;

Category CE:

either an articulated vehicle or a combination of a category C test vehicle and a trailer of at least 7,5 m in
length; both the articulated vehicle and the combination shall have a maximum authorised mass of at least
20 000 kg, a length of at least 14 m and a width of at least 2,40 m, 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 combina-
tion shall be presented with a minimum of 15 000 kg real total mass;

Category C1:

A subcategory C1 vehicle with a maximum authorised mass of at least 4 000 kg, with a length of at least 5 m
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; the cargo compartment shall consist of a closed box body which is
at least as wide and as high as the cab;

Category C1E:

A combination made up of a subcategory C1 test vehicle and a trailer with a maximum authorised mass of at
least 1 250 kg; this combination shall be at least 8 m 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 kg real total mass;

Category D:

A category D vehicle with a length of at least 10 m, a width of at least 2,40 m 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 DE:

A combination made up of a category D test vehicle and a trailer with a maximum authorised mass of at least
1 250 kg, a width of at least 2,40 m 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 2 m wide and 2 m high; the trailer shall be presented
with a minimum of 800 kg real total mass;

Category D1:

A subcategory D1 vehicle with a maximum authorised mass of at least 4 000 kg, with a length of at least 5 m
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 D1E:

A combination made up of a subcategory D1 test vehicle and a trailer with a maximum authorised mass of at
least 1 250 kg 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 2 m wide and 2 m high; the trailer shall be presented with a minimum of
800 kg real total mass;

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Testing vehicles for categories BE, C, CE, C1, C1E, D, DE, D1 and D1E 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 Direc-
tive, 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 Commission Directive 2000/56/EC (1).

6.

Skills and behaviour to be tested concerning categories A1, A2 and A

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 require-
ments:

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 Directive 2000/56/EC.

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;

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

tion lane;

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

taken 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.

(1) Commission Directive 2000/56/EC of 14 September 2000 amending Council Directive 91/439/EEC on driving licences (OJ L 237,

21.9.2000, p. 45).

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7.

Skills and behaviour to be tested concerning categories B, B1 and BE

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 BE only);

7.1.6. Checking the coupling mechanism and the brake and electrical connections (category BE 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 BE: special manoeuvres to be tested with a bearing on road safety

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 decelera-

tion lane;

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

taken 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.

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8.

Skills and behaviour to be tested concerning categories C, CE, C1, C1E, D, DE, D1 and D1E

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, 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 avail-

able), cabin locking (if available), way of loading, securing load (categories C, CE, C1, C1E only);

8.1.7. Checking the coupling mechanism and the brake and electrical connections (categories CE, C1E, DE, D1E 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, DE, D1, D1E 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 CE, C1E, DE, D1E
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, CE, C1,
C1E only);

8.2.4.

Parking to let passengers on or off the bus safely (categories D, DE, D1, D1E 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 decelera-

tion lane;

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

taken by other traffic (if appropriate);

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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 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; 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 (categories BE, C, CE, C1, C1E, DE, D1E only); the comfort of the passengers (categories D, DE, D1, D1E
only) (no fast acceleration, smoothly driving and no hard braking);

9.3.2. Driving economically and in an environmentally friendly way, taking into account the revolutions per minute,

changing gears, braking and accelerating (categories BE, C, CE, C1, C1E, D, DE, D1, D1E 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. chan-
ging 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;

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, CE, D, DE); using speed reduction systems other than the
brakes (only for categories C, CE, D, DE).

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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, A1, A2, B, B1 and BE 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 encoun-
tered 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, with a view to be able to:

— Recognise traffic dangers and assess their seriousness,

— 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 reme-

died 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.

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

ANNEX III

DEFINITIONS

1.

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

1.1. Group 1:

drivers of vehicles of categories A, A1, A2, AM, B, B1 and BE.

1.2. Group 2:

drivers of vehicles of categories C, CE, C1, C1E, D, DE, D1 and D1E.

1.3. 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.).

2.

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.

MEDICAL EXAMINATIONS

3.

Group 1:

Applicants shall be required to undergo a medical examination if it becomes apparent, when the necessary formal-
ities 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 examinations before a driving licence is first issued to them and thereafter
drivers shall be checked in accordance with the national system in place in the Member State of normal residence
whenever their driving licence is renewed

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.

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 competent 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. 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 120oo, 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 disease is detected or declared, driving licences may be issued or renewed subject to the applicant undergoing
regular examination by a competent medical authority.

6.2. 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.

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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 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 compen-
sation.

PERSONS WITH A LOCOMOTOR DISABILITY

8.

Driving licences shall not be issued to or renewed for applicants or drivers suffering from complaints or abnorm-
alities 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 disabled 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 condi-
tion that the disabled person is regularly examined to check that the person is still capable of driving the vehicle
completely safely.

Where the disability 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. Driving licences will not to be issued to, or renewed for, applicants or drivers with serious arrhythmia.

9.2. 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.

9.3. The question of 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, any associated complica-
tions 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 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.

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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 accord-
ingly 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:

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.

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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.

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 medic-
inal 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.

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.

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MINIMUM STANDARDS FOR PERSONS WHO CONDUCT PRACTICAL DRIVING TESTS

ANNEX IV

1.

Competences required by a driving examiner

1.1. A person authorised to conduct practical assessments in a motor vehicle of the driving performance of a candi-

date must have knowledge, skills and understanding related to the topics listed in points 1.2 to 1.6.

1.2.

The competences of an examiner must be relevant to assessing the performance of a candidate seeking the cate-
gory of driving licence entitlement for which the driving test is being undertaken.

1.3.

Knowledge and understanding of driving and assessment:

— theory of driving behaviour,

— hazard perception and accident avoidance,

— the syllabus underpinning driving test standards,

— the requirements of the driving test,

— relevant road and traffic legislation, including relevant EU and national legislation and interpretative guide-

lines,

— assessment theory and techniques,

— defensive driving.

1.4. Assessment skills:

— ability to observe accurately, monitor, and evaluate overall candidate performance, in particular:

— correct and comprehensive recognition of dangerous situations,

— accurate determination of cause and likely effect of such situations,

— achievement of competence and recognition of errors,

— uniformity and consistency in assessment,

— assimilate information quickly and extract key points,

— look ahead, identify potential problems, and develop strategies to deal with them,

— provide timely and constructive feedback.

1.5.

Personal driving skills:

— A person authorised to conduct a practical test for a category of driving licence must be able to drive to a

consistently high standard that type of motor vehicle.

1.6. Quality of service:

— establish and communicate what the candidate can expect during the test,

— communicate clearly, choosing content, style and language to suit the audience and context and deal with

enquiries from candidates,

— provide clear feedback about the test result,

— treat candidates with respect and indiscriminately.

1.7.

Knowledge about vehicle technique and physics:

— knowledge about vehicle technique such as steering, tyres, brakes, lights, specially for motorcycles and heavy

vehicles,

— loading safety,

— knowledge about vehicle physics such as speed, friction, dynamics, energy.

1.8. Driving in a fuel efficient and environmentally friendly way.

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2.

General conditions

2.1. A category B driving examiner:

(a) must have held a category B licence for at least 3 years;

(b) must be at least 23 years old;

(c) must have successfully completed the initial qualification provided for in point 3 of this Annex and subse-
quently followed the quality assurance and the periodic training arrangements as provided for in point 4 of
this Annex;

(d) must have terminated a vocational education that leads at least to a completion of level 3 as defined by
Council Decision 85/368/EEC of 16 July 1985 on the comparability of vocational training qualifications
between the Member States of the European Community (1);

(e) may not be active as a commercial driving instructor in a driving school simultaneously.

2.2. A driving examiner for the other categories:

(a) must hold a driving licence in the category concerned or possess equivalent knowledge through adequate

professional qualification;

(b) must have successfully completed the initial qualification provided for in point 3 of this Annex and subse-
quently followed the quality assurance and the periodic training arrangements as provided for in point 4 of
this Annex;

(c) must have been a qualified category B driving examiner for at least 3 years; this period may be waived

provided that the examiner in question can provide evidence of:

— at least 5 years of driving in the category concerned, or,

— a theoretical and practical assessment of driving ability of a standard higher than that needed to obtain a

driving licence thus making that requirement unnecessary,

(d) must have completed a vocational education that leads at least to a termination of the level 3 as defined by

Decision 85/368/EEC;

(e) may not be active as a commercial driving instructor in a driving school simultaneously.

2.3.

Equivalences

2.3.1. Member States may authorise an examiner to conduct driving tests for categories AM, A1, A2 and A upon

passing the initial qualification prescribed in point 3 for one of these categories.

2.3.2. Member States may authorise an examiner to conduct driving tests for categories C1, C, D1 and D upon passing

the initial qualification prescribed in point 3 for one of these categories.

2.3.3. Member States may authorise an examiner to conduct driving tests for categories BE, C1E, CE, D1E and DE upon

passing the initial qualification prescribed in point 3 for one of these categories.

3.

Initial qualification

3.1.

Initial training

3.1.1. Before a person may be authorised to conduct driving tests, that person must satisfactorily complete such training

programme as a Member State may specify in order to have the competences set out in point 1.

3.1.2. Member States must determine whether the content of any particular training programme will relate to authorisa-

tion to conduct driving tests for one driving licence category, or more than one.

(1) OJ L 199, 31.7.1985, p. 56.

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3.2.

Examinations

3.2.1. Before a person may be authorised to conduct driving tests, that person must demonstrate a satisfactory standard

of knowledge, understanding, skills and aptitude in respect of the subjects listed in point 1.

3.2.2. Member States shall operate an examination process that assesses, in a pedagogically appropriate manner, the
competences of the person as defined under point 1, in particular point 1.4. The examination process must
include both a theoretical element and a practical element. Computer-based assessment may be used where
appropriate. The details concerning the nature and duration of any tests and assessments within the examination
shall be at the discretion of the individual Member States.

3.2.3. Member States must determine whether the content of any particular examination will relate to authorisation to

conduct driving tests for one driving licence category, or more than one.

4.

Quality assurance and periodic training

4.1. Quality assurance

4.1.1. Member States shall have in place quality assurance arrangements to provide for the maintenance of standards of

driving examiners.

4.1.2. Quality assurance arrangements should involve the supervision of examiners at work, their further training and
re-accreditation, their continuing professional development, and by periodic review of the outcomes of the
driving tests that they have conducted.

4.1.3. Member States must provide that each examiner is subject to yearly supervision making use of quality assurance
arrangements listed in point 4.1.2. Moreover, the Member States must provide that each examiner is observed
conducting tests once every 5 years, for a minimum period cumulatively of at least half a day, allowing the obser-
vation of several tests. When issues are identified corrective action should be put in place. The person undertaking
the supervision must be a person authorised by the Member State for that purpose.

4.1.4 Member States may provide that where an examiner is authorised to conduct driving tests in more than one cate-
gory, satisfying the supervision requirement in relation to tests for one category satisfies the requirement for
more than one category.

4.1.5 The work of driving examination must be monitored and supervised by a body authorised by the Member State,

to ensure correct and consistent application of assessment.

4.2.

Periodic training

4.2.1. Member States shall provide that, in order to remain authorised, driving examiners, irrespective of the number of

categories for which they are accredited, undertake:

— a minimum regular periodic training of four days in total per period of two years in order to:

— maintain and refresh the necessary knowledge and examining skills,

— to develop new competences that have become essential for the exercise of their profession,

— ensure that an examiner continues to conduct tests to a fair and uniform standard,

— a minimum periodic training of at least five days in total per period of five years,

— in order to develop and maintain the necessary practical driving skills.

4.2.2. Member States shall take the appropriate measures for ensuring that specific training is given promptly to those

examiners that have found to be seriously malfunctioning by the quality assurance system in place.

4.2.3. The nature of periodic training may take the form of briefing, classroom training, conventional or electronic-
based learning, and it may be undertaken on an individual or group basis. It may include such re-accreditation of
standards as Member States consider appropriate.

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4.2.4. Member States may provide that where an examiner is authorised to conduct driving tests in more than one cate-
gory, satisfying the periodic training requirement in relation to tests for one category satisfies the requirement for
more than one category, provided the condition set out in point 4.2.5 is satisfied.

4.2.5. Where an examiner has not conducted tests for a category within a 24-month period, the examiner shall under-
take a suitable reassessment before being allowed to carry out driving tests relating to that category. That re-
assessment may be undertaken as part of the requirement set out in point 4.2.1.

5.

Acquired rights

5.1. Member States may allow persons authorised to conduct driving tests immediately before these provisions come
into force to continue to conduct driving tests, notwithstanding that they were not authorised in accordance with
the general conditions in point 2 or the initial qualification process set out in point 3.

5.2.

Such examiners are nonetheless subject to the regular supervision and quality assurance arrangements set out in
point 4.

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MINIMUM REQUIREMENTS FOR DRIVER TRAINING AND TESTING FOR COMBINATIONS AS DEFINED IN
THE SECOND SUBPARAGRAPH OF ARTICLE 4(4)(B)

ANNEX V

1. Member States shall take the necessary measures to:

— approve and supervise the training provided for in Article 7(1)(d) or,

— organise the test of skills and behaviour provided for in Article 7(1)(d).

2.1. Duration of driver training

— at least 7 hours.

3.

Content of driver training

The driver training shall cover the knowledge, skills and behaviour as described in points 2 and 7 of Annex II. Par-
ticular attention shall be paid to:

— vehicle movement dynamics, safety criteria, tractor vehicle and trailer (coupling mechanism), correct loading

and safety fittings;

A practical component shall include the following exercises: acceleration, deceleration, reversing, braking, stopping
distance,
lane-changing, braking/evasive action, trailer swing, uncoupling from and re-coupling a trailer to its
motor vehicle, parking;

— Each training participant has to perform the practical component and shall demonstrate its skills and behaviour

on public roads,

— Vehicle combinations used for the training shall fall within the category of driving licence participants have

applied for.

4. Duration and contents of the test of skills and behaviour

The length of the test and the distance travelled must be sufficient to assess the skills and behaviour laid down in
point 3.

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MINIMUM REQUIREMENTS FOR DRIVER TRAINING AND TESTING FOR MOTORCYCLES WITHIN
CATEGORY A (PROGRESSIVE ACCESS)

ANNEX VI

1. Member States shall take the necessary measures to:

— approve and supervise the training provided for in Article 7(1)(c) or,

— organise the test of skills and behaviour provided for in Article 7(1)(c).

2. Duration of driver training

— at least 7 hours.

3. Content of driver training

— The driver training shall contain all aspects covered in point 6 of Annex II.

— Each participant has to perform the practical components of the training and shall demonstrate its skills and

behaviour on public roads.

— Motorcycles used for the training shall fall within the category of driving licence participants have applied for.

4. Duration and contents of the test of skills and behaviour

The length of the test and the distance travelled must be sufficient to assess the skills and behaviour laid down in point 3
of this Annex.

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ANNEX VII

Part A

REPEALED DIRECTIVE AS SUCCESSIVELY AMENDED

(referred to in Article 17)

Council Directive 91/439/EEC (1)

Council Directive 94/72/EC

Council Directive 96/47/EC

Council Directive 97/26/EC

Commission Directive 2000/56/EC

Directive 2003/59/EC of the European Parliament and of the
Council, only Article 10, paragraph 2

(OJ L 237, 24.8.1991, p. 1)

(OJ L 337, 24.12.1994, p. 86)

(OJ L 235, 17.9.1996, p. 1)

(OJ L 150, 7.6.1997, p. 41)

(OJ L 237, 21.9.2000, p. 45)

(OJ L 226, 10.9.2003, p. 4)

Regulation (EC) No 1882/2003 of the European Parliament and of
the Council, only Annex II, point 24

(OJ L 284, 31.10.2003, p. 1)

(1) Directive 91/439/EEC was also amended by the following act which has not been repealed: 1994 Act of accession.

Part B

DEADLINES FOR TRANSPOSITION INTO NATIONAL LAW AND FOR APPLICATION

(referred to in Article 17)

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

1st January1995

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
September 2009 (goods transport)

transport)

and 10

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ANNEX VIII

CORRELATION TABLE

Directive 91/439/EEC

This Directive

Article 1(1), first sentence

Article 1(1) first sentence

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(1)

Article 2(2)

-

Article 1(1), second sentence

Article 3(1)

Article 3(2)

Article 3(3)

-

-

Article 3(1), first subparagraph, introductory words

Article 4(1), first sentence

-

-

Article 4(2), first indent

Article 4(2), second indent

Article 3(1), first subparagraph, first indent

Article 4(3), first indent

Article 3(1), first subparagraph, second indent

Article 4(4)(b), first subparagraph

Article 3(1), first subparagraph, third indent

Article 4(4)(b), second subparagraph

Article 3(1), first subparagraph, fourth indent

Article 4(4)(c)

Article 3(1), first subparagraph, fifth indent

Article 3(1), first subparagraph, sixth indent

Article 4(4)(f)

Article 4(4)(g)

Article 3(1), first subparagraph, seventh indent

Article 4(4)(j)

Article 3(1), first subparagraph, eighth indent

Article 4(4)(k)

Article 3(2), first subparagraph, introductory words

-

Article 3(2), first subparagraph, first indent

Article 4(3)(a)

Article 3(2), first subparagraph, second indent

Article 4(4)(a)

Article 3(2), first subparagraph, third indent

Article 4(4)(d)

Article 3(2), first subparagraph, fourth indent

Article 4(4)(e)

Article 3(2), first subparagraph, fifth indent

Article 3(2), first subparagraph, sixth indent, introductory
words

Article 4(4)(h)

Article 4(4)(i)

Article 3(2),
indent

first subparagraph, sixth indent,

first sub-

Article 3(2), first subparagraph, sixth indent, second sub-
indent

-

-

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Directive 91/439/EEC

This Directive

Article 3(3), introductory words

-

Article 3(3), first indent

Article 4(1), third sentence

Article 3(3), second indent, first subparagraph

Article 4(3), second indent

Article 3(3), second indent, second subparagraph

-

Article 3(3), third indent

Article 3(3), fourth indent

Article 3(3), fifth indent

-

Article 3(4)

Article 3(5)

Article 3(6)

-

Article 4

Article 5(1)

Article 5(1)(a)

Article 5(1)(b)

Article 4(3), first indent

Article 4(4), first indent

Article 4(4), second indent

Article 4(3)

-

-

Article 4(5), first sentence

Article 4(5), second sentence

Article 5

Article 6(1)

Article 6(1)(a)

Article 6(1)(b)

Article 5(2), introductory words

Article 6(2), introductory words

Article 5(2)(a)

Article 5(2)(b)

-

-

-

-

Article 5(3)

Article 5(4)

Article 6(2)(a)

Article 6(2)(b)

Article 6(2)(c)

Article 6(2)(d)

Article 6(2)(e)

Article 6(2)(f)

-

Article 6(4)

Article 6(1), introductory words

Article 4(1), second sentence

Article 6(1)(a), first indent

Article 6(1)(a), second indent

Article 6(1)(b), first indent

Article 4(3)(a), third indent

Article 4(4)(a), second indent

Article 4(3)(b), second indent

Article 4(3)(c), second indent

Article 6(1)(b), second indent first alternative

Article 4(4)(b), fifth subparagraph

Article 6(1)(b), second indent second alternative

Article 4(4)(c), second indent

Article 6(1)(b), third indent first and second alternative

Article 4(4)(g), second indent

Article 6(1)(b), third indent third and fourth alternative

Article 4(4)(e), third indent

Article 6(1)(c), first indent first and second alternative

Article 4(4)(k), second indent

Article 6(1)(c), first indent third and fourth alternative

Article 4(4)(i), second indent

Article 6(2)

-

Article 6(3)

Article 4(6), first subparagraph

Article 4(6), second subparagraph

Article 4(6), third and fourth subparagraphs

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Directive 91/439/EEC

This Directive

Article 7(1), introductory words

Article 7(1), introductory words

Article 7(1)(a)

-

-

-

Article 7(1)(b)

Article 7(2)

Article 7(3)

-

-

Article 7(4)

Article 7(5)

-

-

-

Article 7 a(1)

Article 7 a(2)

Article 7 b

-

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 7(1)(a)

Article 7(1)(b)

Article 7(1)(c)

Article 7(1)(d)

Article 7(1)(e)

-

-

Article 7(2)

Article 7(3)

Article 7(4)

Article 7(5)(a)

Article 7(5)(b)

Article 7(5)(c)

Article 7(5)(d)

-

Article 8

Article 9

Article 10

Article 11

Article 12

Article 13(1)

Article 13(2)

Article 14

-

-

Article 15

Article 16

Article 17, first subparagraph

Article 17, second subparagraph

Article 18

Article 19

-

Annex I

Annex II

Annex III

Annex IV

Annex V

Annex VI

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STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

The Commission adopted its proposal on 21 October 2003.

On 23 February 2005, the European Parliament adopted its opinion in first reading.

On 18 September 2006 the Council adopted its common position in accordance with Article 251 of
the Treaty.

In carrying out its work, the Council also took account of the opinion of the European Economic and
Social Committee (1).

II. ANALYSIS OF THE COMMON POSITION

The common position reflects the outcome of informal contacts between the European Parliament, the
Commission and the Council. Although the proposal has been restructured to make it more logical and
readable,
in essence the common position text retains all the principal elements proposed by the
Commission.

However, certain modifications have been agreed, reflecting either concerns raised by the Parliament in
its first reading (i.e. the issue of mandatory exchange of all existing driving licences) or issues raised by
the Council.

The common position, as it stands today, follows the aim of the three institutions to recast the existing
Directive and to add the necessary provisions in order to meet the requirements of an extremely
mobile society in an enlarged European Union (i.e. one document type throughout the Community)
while increasing anti-fraud measures and improving road safety. The common position therefore
addresses the following key issues:

— The reclassification of vehicle-trailer combinations (art. 4.4.b et al.);

— The access regime to motorcycles (art. 4.3 et al.);

— The one person one licence approach (art. 7.5 and art. 11.4);

— The issue of the obligatory exchange of all existing driving licences documents (art. 3.3 et al.).

(i) The reclassification of vehicle-trailer combinations

As regards trailer combinations within category B, the Commission proposed to shift all combinations
with trailers above 750 kg to category BE. The Parliament and the Council considered such a provision
as too strict, given that a considerable number of ‘light’ camping trailers already surpass such weight
limit due to their interior design. However, in order to meet road safety concerns and at the same time
to avoid additional burden for the citizen, the two co-legislators decided to introduce a provision
allowing a maximum authorized mass of 4 250 kg for vehicle and trailer combinations in category B.
In case such a combination exceeds 3 500 kg, national authorities shall require additional training or
the passing of a test of skills and behaviour or both. The requirements for the training and the practical
test are laid down in a new Annex to the Directive (Annex V).

With this provision, and while respecting the type approval rules for vehicles, the Parliament and the
Council assure that:

— the tractor vehicle remains within the 3 500 kg limit,

— the existing 4 250 kg maximum mass (3 500 kg + 750 kg) is not surpassed,

while the combination itself is being made more flexible and transparent for the citizen.

(1) OJ C 112, 30.4.2004, p. 34. The Committee of the Regions decided not to deliver an opinion on the Commission

proposal.

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With regard to category BE, the two co-legislators agreed to allow a maximum authorised mass of
3 500 kg for the trailer. Combinations with a towing vehicle in category B and a trailer exceeding
3 500 kg can only be driven with a category C1E.

(ii) The access regime to motorcycles

In the light of improving road safety and to make an equation between mobility and safety, the three
institutions reached agreement on the principle of progressive access to motorcycles and on the age for
mutual recognition of licences. The three institutions also decided to introduce a special category for
mopeds (category AM), for which a licence can be obtained at the age of 16 years after having passed
a theory test. Member States may impose further requirements and may decide to integrate category
AM into the philosophy of progressive access if they wish.

As for further improving road safety and reducing the high number of accidents among young or
novice motorcycle riders, the Parliament and the Council followed the Commission's principle of a
staged (or progressive) access to motorcycles of higher specification. Therefore,
they fixed the
minimum age for motorcycles in category A1 (light motorcycles) at 16 years and for category A2
(medium size/weight motorcycles) at 18 years. The 2 years age difference must also be respected if a
Member State decides to grant direct access to category A1 only at the age of 17 or 18 years. If the
applicant has acquired a 2 year experience on category A1, he has to pass a test of skills and behaviour
or complete a training in order to ride motorcycles in category A2.

The minimum age for category A (heavy motorcycles) is fixed at 20 years under the condition that the
applicant has acquired a two years' experience on a motorcycle of category A2 and passed a test of
skills and behaviour or completed a training.

For direct access to the most powerful motorcycles, the three institutions decided not to apply the
philosophy of progressive access and to set the unique minimum age of 24 years throughout the Com-
munity, thus taking into account the lack of the applicant's experience.

(iii) The ‘one person one licence’ approach

Driving licence fraud has become a well known phenomenon among the police authorities of the
Member States. The various types of fraud range from trafficking the document itself, to unlawful
obtaining of duplicates and the obtaining of a new licence in a different Member State while being
banned from driving in the ‘home’ Member State.

Therefore, the Parliament and the Council fully support the Commission's approach of ‘one person —
one licence’ in order to prevent these kinds of fraud in the future. The common position thus recon-
firms the principle that one person can only hold one driving licence. It also introduces, in addition to
the obligatory regular administrative renewal of the document, new provisions which oblige a Member
State:

— to refuse to issue a licence where it establishes that the applicant already holds a driving licence;

— and, as regards the issue, replacement, renewal or exchange of a driving licence, verify with other
Member States if there are reasonable grounds to suspect that the applicant already holds a driving
licence.

Member States will also be obliged to refuse to issue or to recognize the validity of a driving licence to
a person whose licence is restricted, suspended or withdrawn in another Member State.

In order to improve the cooperation among the authorities of the Member States and to facilitate the
checks, the three institutions agreed on the creation of a communication network for driving licences.

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The common position, as it stands, also contains minimum standards safeguarding a high level of
protection of the driving licence document and a provision allowing the Member States to insert a
microchip in the licence.

(iv) The obligatory exchange of all existing driving licences documents

In its proposal, the Commission introduced a new driving licence model which should — on the long
run — be the only model in circulation within the Community. The Commission also presented provi-
sions introducing a limited administrative validity for all new licences issued after the entry into force
of this Directive. This limited administrative validity would be applicable to all categories of vehicles.
The Commission proposal did not provide for a mandatory exchange of existing licences.

Whilst agreeing to the new Community driving licence model and to the compulsory renewal of the
document, the Parliament and the Council decided to go one step further and to agree on a provision
stipulating that all driving licence documents issued before the date of application of the current Direc-
tive and which are still valid and in circulation, will have to be replaced by the new driving licence
model 26 years after the entry into force of this Directive at the latest. By doing so, the two co-legisla-
tors make sure that — as from a certain moment — there will be one single driving licence model in
use throughout the Community.

(v) Other issues

Introduction of a power/weight criterion for light motorcycles

Following a provision proposed by the Commission, the two co-legislators agreed to introduce a
power/weight ratio not exceeding 0,1 kW/kg for light motorcycles (category A1). This measure will
prevent the construction of extremely light vehicles with high acceleration and top speed possibilities,
and thus have a considerable effect on the safety of young or novice motorcycle riders.

New technical characteristics for medium-weight motorcycles

In order to avoid the ‘downtuning’ of heavy motorcycles, and thus lowering the risk of accidents, the
Parliament and the Council decided to follow the Commission's proposal to introduce an additional
provision for ‘A2’ motorcycles stating that vehicles in this category cannot be derived from a vehicle of
more than double its power.

Introduction of a new driving licence model

In order to enhance the protection against fraud and to reduce the number of licence models in circula-
tion, the Parliament and the Council decided on the phasing-out of the paper Community driving
licence model. Upon entry into force of the new legislation, the only Community driving licence model
to be issued shall be a plastic card type, similar in shape and size to credit cards, which will allow for
greater document safety and better protection against all attempts of forgery.

Minimum requirements for driving examiners

The existing Community legislation does not provide for set standards on the training and education of
driving examiners which vary widely throughout the Union. Therefore the Commission decided to
propose harmonised minimum requirements for examiners in order to arrive at comparable driving
test results in the Community. The Parliament and the Council decided to follow the Commission and
agreed on the introduction of basic conditions for entering the profession of driving examiners and on
setting minimum standards for their initial qualification and regular training. Such harmonised provi-
sions should also lead to an increase in road safety as they will help maintain the examiners' skills and
experience in a fast changing technical environment.

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III. CONCLUSION

The common position on this Directive retains all the principal elements of the Commission proposal,
adjusted in a balanced and appropriate manner to reflect the concerns of the Parliament and the
Council. It is the result of contacts between the three institutions involved in the framework of the
Joint Declaration on practical arrangements for the new co-decision procedure (1).

The Council has noted the undertaking given by the president of the Parliament's TRAN Committee, in
the context of these contacts, to recommend this text for approval by the Parliament without amend-
ment in second reading, following which the Directive will be deemed to have been adopted in accord-
ance with the common position.

(1) OJ C 148, 28.5.1999, p.1.