CELEX: 51988PC0705
Language: en
Date: 1988-12-02
Title: Proposal for a COUNCIL DIRECTIVE on the driving licence (presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (88) 705
Vol. 1988/0232
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
l'ouverture au public des archives historiques de la Communauté économique européenne et de
la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, p. 1) modifié en dernier
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
the opening to the public of the historical archives of the European Economic Community and the
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
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2015/444    vom   13.   März   2015   über die   Sicherheitsvorschriften für den Schutz von  EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                     COM(88 ) 705 final
                                     Brussels , 13 January 1989
                                     Revised version
                      Proposal for a
                    COUNCIL DIRECTIVE
                 on the driving licence
             (presented by the Commission )
 ---pagebreak---                                             - I -
                                  Explanatory memorandum
A. General joints
    I.   As part- of a Community programme of action on road safety the
         Commission transmitted to the Council in 1972 a proposal for a
         Directive on the harmonization of the laws relating to vehicle
         driving licences .^
                                                                        9
         Following the opinions delivered by the European Parliament in
                                                           3
         1974 and by the Economic and Social Committee in 1973 and to
         take account , in particular , of the Agreement on Minimum
         requirements for the Issue and Validity of Driving Permits ( APC ) of
          I April 1975 , as drawn up by the Economic Commission for Europe in
                                                         4
         Geneva , this proposal was amended in 1976 .
         The European Parliament and the Economic and Social Committee
         delivered new opinions on this amended proposal the same year.^®
   2.    The Council adopted the proposal at its meeting of 4 December 1980
         under the title " First Council Directive of 4 December 1980 on the
           introduction of a Community driving licence (80/1 263/EEC ) "3
   ] 0J No  C 119 , 16.11.1972 ,    P· 1 .
   20J  No  C 55 ,  13.5.1974 ,     P· 4 .
   30J  No  C 60 ,  26.7.1973 ,     P· 1 .
   40J  No  C  8,   13 . 1.1976 ,   P· 1 .
   5 0J No  C 238 , 11.10.1976 ,    P- 43 .
   í>0J No C  97 ,  23.8.1976 ,     P· 32 .
   70J No L   375 , 31.12 . 1980 ,  P· 1 .
 ---pagebreak---                                      - 2 -
        This Directive , which was implemented in the main with effect from 1
        January 1983 , provides in particular that where holders of a driving
         licence issued in one Member State transfer their normal residence
        to another Member State , the licence remains valid for a period of
        one year and must be exchanged for a licence issued in the other
        Member State before the end of that period . With effect from 1
        January 1986 it also introduced a Community model driving licence
        based on the definition laid down by the Vienna Convention on Road
        Traffic ^. These principles of mutual recognition and exchange
        were underpinned by standards for the issue of driving licences :
        passing of a practical and theoretical test , and meeting of minimum
        medical requirements , which are taken from the abovementioned APC
        agreement .
   3.   Nevertheless , some important differences continue to exist between
        the national laws regarding vehicle categories , minimum age for the
        issue of a driving licence and validity, and also learning and
        training conditions . These differences are to some extent
        attributable to the possibilities of dispensation offered by the
        current Directive .  Some of these have been lessened by the
        establishment of equivalences between driving licences where
        national categories differed , but the fact that these divergent
        systems continue to exist does not facilitate , for example , the
        checking of driving licences .
   4.   These problems were appreciated when the First Directive was adopted
        since it provided for a second stage to specify the following :
           - categories of vehicles ( Article 3 )
          - period of validity of driving licences ( Article 7 )
          - standards for driving tests and licencing ( Article 10 )
Vinal Act of the Convention on Road Traffic drawn up in Vienna in 1968
 by the United Nations Conference on Road Traffic .
 ---pagebreak---                                        - 3 -
   5.   The Commission work programme for 1985 also stated that the
        Commission would submit a proposal to ensure the recognition of a
        driving licence throughout the Community regardless of the Member
        State in which the holder of the licence is resident . This is part
        of the " People 's Europe " programme proposed by the Commission .
   6.   It is thus to fulfil these various commitments that the Commission
        is proposing this Directive , which will replace Directive
        80/ 1263 /EEC and facilitate the free movement of individuals while
        improving road safety .
B. Spécifie points
   1.   The points below refer to the numbers of the Articles in the new
        Directive .
   Article 1
   The new version involves substantial amendments .
   The reference in Article 1(1 ) of Directive 80/ 1263/EEC concerning the
   validity of a driving licence , subject to Article 8 ( i.e. the obligation
   to exchange if the holder of a licence issued by a Member State takes up
   normal residence in another Member State ), is deleted as the proposed new
   Directive provides for mutual recognition , without any obligation to
   exchange .
   Article 2
   This new Article introduces the definition of the term "normal residence "
   for the purpose of applying Article 8(l)(b ) and Article 10 .
   Article 8(l)(b ) provides that a driving licence will only be issued to
   applicants who have their "normal residence " in the territory of the
   Member State issuing the licence . Similarly, Article 10 provides that
   where holders of a valid licence take up normal residence in another
   Member State, they can request that their driving licence be exchanged.
 ---pagebreak---                                      - 4 -
  This definition seeks to resolve the problems arising in connection with
  the interpretation of the concept of " normal residence " when applying
  Directive 80/ 1263/EEC .
  Article 4
  The term "weight " has been replaced by "mass " so as to comply with
  Council Directive 80/181/EEC of 20 December 1979 J
  Amendments have been made to the definitions in the first paragraph , as
  compared with the abovementioned Vienna Convention , in order to erase a
  number of ambiguities .
  Paragraph 3 introduces subcategories into category E arising out of the
  definition of the latter .   It should be stressed that because there is no
  provision for derogation from these categories and subcategories the
  current discrepancies will disappear . Three Member States do , in fact ,
  have different categories from those set out in the current Article 3 .
 Paragraph 4 introduces subcategories to take account of recent developments in
 Category A, which is divided into two subcategories : ( i ) up to and including
 400 cm^ and ( ii ) over 400 cm^. An optional subcategory for light motorcycles
 is also introduced .
Training and access in stages to large-capacity motorcycles should help to reduce
the number of accidents , which are often fatal , involving young motorcyclists .
At the present time subcategories exist within category A in several Member States
and others plan to establish them .
Paragraph 5 introduces optional subcategories to take account of existing situations .
A new Article provides for a review of the situation after five years with a view
to generalizing or deleting the subcategories .     These meet the following objectives :
1
  OJ No L 39, 15.2.1980, p. 40 .
 ---pagebreak---                                 - 5 -
 Category B
 A subcategory is provided for quadricycles and tricycles ( the latter
 being transferred from category A to category B ). These "mini cars "
 are being used increasingly, at least in some Member States , and to
 put them in the category of motorcycles would be highly artificial .
 Potential drivers of such vehicles , who are often elderly people ,
 should not have to take their test on a normal category B vehicle and
certainly not on a motorcycle .
 Subcategory C
This subcategory arises from the arrangements in force in some Member
States where a driving licence equivalent to the B licence allows
vehicles to be driven up to a maximum mass of 7 500 kg . Since this
situation has led to the development of a significant number of light
goods vehicles , there should be provision for a specific test with the
test vehicle having less stringent requirements than those laid down
for vehicles in category C as a whole .
Subcategory D
This subcategory would cover minibuses which are found in significant
numbers in some Member States .
Subcategories C + E and D + E ; \
These arise out of the subcategories envisaged within subcategories C
and D.
Paragraph 5 contains the same definitions as paragraph 4 of Article 3
of Directive 80/ 1263/EEC with the exception of the definition of
motorcycles which is amended to exclude tricycles . A new paragraph
defines tricycles and quadricycles .
 ---pagebreak---                                   - 6 -
 Paragraph 6 provides for derogation from the speeds indicated for
 motorcycles , tricycles and quadricycles , which was already provided
 for by the former Article 9 .   It tallies with the definitions of the
 abovementioned Vienna Convention .
 Article 5
 This Article covers driving licences issued to physically handicapped
 persons .
The first paragraph reflects the provisions set out in Annex III to
Directive 80/ 1263 /EEC .
The second paragraph provides for the possibility for such applicants
to take a practical test on a vehicle adapted to the needs of their
condition , the driving licence , however , being only valid for vehicles
adapted accordingly .
The second paragraph of Article 4 of Directive 80/ 1263 /EEC is not
retained .
Article 6
Paragraph 1
Subparagraph ( a ) limits the issue of C and D driving licences to
holders of a B licence . This provision , which already exists in
several Member States , also corresponds with the ECE ( UN ) approach .
Paragraph 2
Subparagraph ( a ) provides for the validity for subcategory B + E of
driving licences issued for subcategories C + E since it is necessary
to be the holder of a B licence to obtain C and D licences .
 ---pagebreak---                                        - 7 -
      Subparagraph ( b ) provides for the validity of C + E licences for
      subcategory D + E where the holder has a D licence . The
      qualifications for subcategory C + E and category D can be extended
      without a test to subcategory D + E , without running any risk .
      Paragraph 3
      The validities provided for apply only at national level ; they
      currently exist in two Member States . In principle they cannot be
      transferred to a driving licence that has been exchanged if the Member
      State in question does not practice this type of validity . A Member
      State can also prohibit the driving of all vehicles on its territory
      if the driver has not passed the appropriate test .
      Article 7
     The option granted to each Member State under Article 5 of Directive
      80/ 1263 /EEC of fixing the minimum age at which driving licences may be
      issued presents certain problems and may in some cases constitute a
     barrier to the free movement of drivers . It is therefore proposed
     that the minimum age at which driving licences may be issued be fixed
     for categories A and B and subcategories B + E , and to refer to the
     Social Regulation relating to road transport ^ for the other
     categories and subcategories .
'Council Regulation ( EEC ) No 3820/85 of 20 December 1985 on the harmoni ¬
 zation of certain social legislation relating to road transport
 ( 0J No L 370 , 31.12.1985 , p.l ).
 ---pagebreak---                                 - 8 -
Article 8
Paragraph 1 is the same as paragraph 1(a ) and ( b ) of Article 6 of
Directive 80/ 1263 /EEC .
Paragraph 3 is added to ensure that national legislation must contain
provision for the withdrawal of the right to drive in the case of
persons who no longer satisfy the knowledge and competence
requirements provided for in Annexes II and III . This additional
provision is based partly on the aforementioned Vienna Convention and
replaces point 27 of Annex III . Paragraphs 4 and 5 take over the
amended text of the " Other provisions " in Annex III .
Artide 9
This Article corresponds to Article 7 of Directive 80/ 1263 /EEC .
Article 10
Compared with Article 8 of Directive 80/ 1263/EEC , this Article
introduces the principle that there is no longer an obligation to
exchange one 's licence in the event of changing one 's normal residence
from one Member State to another . However , holders of a licence
issued in one Member State can , if they prefer , exchange their licence
against a licence issued in another Member State if they take up
normal residence there .
 ---pagebreak---                                           - 9 -
Article 11
This Article retains the possibility of establishing equivalences
between driving licences issued for the optional subcategories .
Article 12
This new Article provides for a review , five years after
implementation of the Directive , of the situation regarding optional
subcategories , as was already mentioned in the comments on Article 3 .
Article 13
A transitional period of three years after            the date of implementation
of the Directive is proposed for continued            use of test vehicles in
service on that date . This provision does            not , of course , concern
vehicles corresponding to those defined in            Annex II , point 8.1.2 .
Article 14
Since the abovementioned Social Regulation relating to road transport
is directly applicable in the Member States , provisions relating tothe
minimum age at which a driving licence may be issued should not be
adopted to implement the Directive if the vehicles covered by Article
7(l)(b ), ( c ), ( d ) ( i i ) and ( iii ) of the Directive fall within the scope
of the abovementioned regulation .
Article 15                                  " '                •- ■ •
For reasons of clarity and in view of the extent of the proposed
amendments , it was felt that Directive 80/ 1263/EEC should be repealed
and replaced by this Directive .
 ---pagebreak---                                  - 10 -
 Artide 16
 No comments .
 II . Annex I
 The proposed amendments concern the translation of the term " driving
 licence " in Spanish and Portuguese on the cover page and the amended
 definitions of the various vehicle categories to bring them in line
with Article 3 of the Directive .
The option of deleting the date of issue of the driving licence , as
provided for in Annex I to Directive 80/ 1263 /EEC , has been withdrawn .
Annex II
The driving test is part of the process that takes potential drivers
of motor vehicles from the training stage to the safe driving stage .
The experts that participated in the drafting of this proposal took
the view that training is the most important stage of this process .
The test illustrates mainly whether the demands of driving do not
exceed the applicant 's ability at the wheel and whether he can cope
with the demands of traffic and master his reactions .
It is not , however , possible to lay down a single training framework
at Community level since some Member States permit driving tests to be
taken without passing through the channel of a driving school .
Nevertheless , it was felt that there should not be a simple list of
test points out of the context of the test , but specific criteria that
each driver of a motor vehicle has to satisfy to drive in complete
safety . These criteria clearly correspond with the objectives of any
training programme for driving , i.e. psychomotor functions and the
ability to understand and put this knowledge into practice . The
 ---pagebreak---                                  - Il -
  former are tested during the skills and behaviour test , and the latter
  during the theoretical test .
 The content of the above tests is in line with the minimum
 •requirements laid down in the 1975 APC Agreement and also takes
  account of certain Community requirements arising out of regulations
 that have been adopted since that date .
The minimum period for the driving tests has been increased
 appreciably and differs according to whether it is for categories A
and B or the other categories .
The new annex also defines the test vehicles for each of the
categories and subcategories . The current Annex II is limited to
categories C , D and E. The minimum mass of the test vehicle for
category C has been increased to II 000 kilogrammes . As regards
category D , it is proposed that the number of places criterion , which
 is not representative , be deleted and that the length of the test
vehicle be increased from 7 to 9 metres . The speeds that test
vehicles can achieve are also established for all the categories .
Annex III
The new Annex III has been drafted with the help of a working party of
government experts , most of whom belong to the medical profession .
The substance of the old Annex III has not been fundamentally altered
but several points have been reworded .
The wording has been simplified in the case of eyesight , but the
requirements are still as stringent as before . In other cases
enumerations of illnesses have been deleted as they might appear to be
exhaustive . Also , the development of medical science since 1975 (when
the old Annex III was compiled ) has been taken into account .
 ---pagebreak---                                 - 12 -
However , new requirements have been introduced for medical
examinations . Group 1 ( Categories A and B ) applicants and drivers
aged over 75 and Group 2 applicants will have to undergo such periodic
examinations as may be prescribed by national laws .
Point 27 and the " Other provisions " of Annex III have been transferred
to Article 8 of the Directive .
 ---pagebreak---                              Proposai for a
                            COUNCIL DIRECTIVE
                         on the driving licence
  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
 Having regard to the Treaty establishing the European Economic
 Community , and in particular Article 75 thereof .
 Having regard to the proposal from the Commission ,
 Having regard to the opinion of the European Pari iament , '
 Having regard     to  the   opinion   of  the  Economic    and   Social
 Committee , 2
Whereas , for the purposes of the common transport policy , and as
a contribution to improving road traffic safety , as well as to
 facilitate the movement of persons settling in a Member State
other than that in which they have passed a driving test , it is
desirable that there should be a Community model national driving
licence mutually recognized by the Member States without any
obligation to exchange licences ;
Whereas the    first step in this direction was made with the First Council
Directive 80 / 1 263 /EEC3, which established      a Community model
national driving licence , mutual recognition by Member States of
national driving licences and the exchange of licences by holders
transferring their place of residence or place of employment from
one Member State to another ;       whereas the progress made must be
continued ;
1
a
3
     OJ No L 375 , 31.12.1980 , p.1 .
 ---pagebreak---                                        2
 Whereas the    Community model      national licence established by
 Directive 80 / 1263 / EEC should be maintained with the addition
of certain linguistic adaptations to take account of the
 accession of Spain and Portugal ;
 Whereas , on road safety     grounds ,    the    minimum     requirements for
 the issue of a driving licence should be laid down ;
 Whereas Article     3 of   Directive 80 / 1263 / EEC     provides that final
provisions    generalizing      in  the   Community       the   categories   of
vehicles mentioned       in that Article should be adopted without the
possibility of derogation , as        should the      conditions of validity
of driving licences ;
Whereas    provision      should   be    made     for    the   possibility  of
subdividing the said categories of vehicles in order               to promote ,
in particular ,    gradual stages to driving more powerful vehicles ;
Whereas specific provisions should be adopted to make it easier for
physically handicapped persons to drive vehicles ;
Whereas Article 10 of       Directive    80 / 1263 / EEC   provides   for more
detailed    harmonization     of   the   standards for driving tests and
licensing ;      whereas to this end the knowledge , skills and
behaviour connected with driving motor vehicles should be defined
and the driving test based on these concepts ;                     whereas the
minimum standards of physical and mental fitness for driving such
vehicles should be redefined ;
 ---pagebreak---                                        3
 Uhereas  the     provisions    set   out    in  Article   8   of
 directive 80 / 1263 / EEC , and in particular the obligation
 to  exchange     driving    licences    within   a  period of one year of
 changing residence , constitute an        obstacle to    the free movement
of persons ;      whereas    this is   inadmissible in     the light of the
progress made towards European integration ;
Uhereas , in order to facilitate the          movement of    persons wishing
to   settle    in   a   Member   State    other   than that in which their
driving licence was issued before this Directive took
 effect ,    there should be mutual recognition of driving licences
by the Member States of residence subject to the conditions of
validity laid down by the Member States which issued the
licences , and it should be unnecessary to exchange licences .
HAS ADOPTED THIS DIRECTIVE :
                                  Article   1
1 .         Member    States    shall    introduce    a   national   driving
licence based      on the    Community model as described in Annex I in
conformity with the provisions of this Directive .
2.          The Community model driving licence within the meaning
of   this   Directive and driving licences issued by the Member
States before this Directive took effect shall be mutually
recognized by the Member States and the conditions of their
validity shall be determined by the State which issued them regardless
of the State of residence of the holder of the licence .
 ---pagebreak---                                          4
                                   Article     2
             For the    purposes of this Directive , ’normal residence'
 means the place where a person usually lives , that is for at
 least 185 days in each calendar year , because of personal and
 occupational    ties ,   or ,  in    the    case   of  a    person   with  no
 occupational ties/ because of personal ties which show close links
 between that person and the place where he is living .
            However ,    the   normal      residence   of  a    person   whose
occupational ties are in a different place from his personal ties
 and who consequently lives in turn in different places situated
 in two or more Member States shall be regarded as being the place
of his personal ties , provided that such person returns there
regularly .     This last condition need not be met where the person
 is living in a Member State in order to carry out a task of a
definite duration .       Attendance at a university or school shall
not imply transfer of normal residence
                                  Article 3
1 .         The oval on     page    1   of    the  Community    model driving
licence shall contain the distinguishing sign of the Member State
issuing the licence .
2.          Member States shall take          the necessary    steps to avoid
any risk of forgery of driving licences .
 ---pagebreak---                                      5
                               Art i c 1 e 4
 1.         The driving licence provided for in Article 1 shall
 authorize the driving of vehicles in the following categories
 Category A           Motorcycles with or without side-car .
 Category B           Motor vehicles with a maximum authorized mass
                      not    exceeding       3 500 kg and comprising not
                      more than eight seats in addition to the
                      driver 's seat .
Category C           Motor vehicles other than those in category D
                     and whose maximum authorized mass exceeds
                     3 500 kg .
Category D           Motor vehicles used for the carriage of
                     passengers and having more than eight seats
                     in addition to the driver’s seat .
Category E           Combinations of vehicles of which the tractor
                     vehicle is in a category or categories for
                     which the driver is licensed ( B , C or D ), but
                     which are    not themselves in that category or
                     categories .
2.         Paragraph 1 may apply      to motor    vehicles in Categories
B, C   and D to which a trailer whose maximum authorized mass does
not exceed 750 kg is coupled .
 ---pagebreak---                                    6
3.         Within Category   E a   specific driving licence shall be
issued for driving the following vehicle combinations :
Sub category B ♦ E : Combinations of     vehicles  where   the tractor
                     vehicle is    in category B and its trailer has
                     a maximum authorized mass of over 750 kg .
                Nevertheless , a   Category B   licence is sufficient
                provided that ;
                           the   maximum    authorized   mass  of   the
                           trailer does not exceed the unladen mass
                           of the vehicle ;
                           and
                           the   maximum    authorized   mass  of   the
                           combination of vehicles does     not exceed
                           3 500 kg .
Subcategory C + E : Combinations      of  vehicles  where the tractor
                     vehicle is in Category C and its trailer has
                     a maximum authorized mass of over 750 kg .
Subcategory D + E : Combinations of vehicles where         the tractor
                     vehicle is in Category D and its      trailer has
                     a maximum authorized mass of over     750 kg .
 ---pagebreak---                                            - 7 -
 A.    Within Category A a specific driving licence may be issued for driving the
 following vehicles :
 - Motorcycles with a cubic capacity not exceeding 400 cm3 or of a power not
    exceeding 35 KW .
 - Motorcycles with a cubic capacity of over 400 cm3 or of a power of over 35 k.w.
 Within the subcategory for motorcycles with a cubic capacity not exceeding 400 cm3
a specific licence may be issued for driving light motorcycles with a cubic capacity
not exceeding 125 cm3.
5.     Within Categories B , C and D and Subcategories C + E and D + E a specific driving
licence may be issued for driving the following vehicles :
- Category B ■:        Powered tricycles and quadri eye 1 es .
- Category C      :    Motor    vehicles    other    than those in Category D
                       and  whose maximum authorized mass        is   over 3   500
                       kg but not more than 7 500 kg .
    Category D    :    Motor     vehicles     used     for   the    carriage    of
                       passengers and having more         than eight     seats in
                       addition   to   the  driver 's  seat  but  not more   than
                       16  seats  in  addition   to  the driver 's   seat .
   Subcategory
       C + E     :    Combinations      of   vehicles    where      the   tractor
                      vehicle     is    in   Category    C   but  whose maximum
                      authorized mass does not exceed 7 500 kg and its
                      trailer     has   a   maximum authorized mass of over
                      750 kg .
 ---pagebreak---                                          8
- Subcategory
        D + E    :     Combinations    of       vehicles    where  the   tractor
                       vehicle is in Category D but does not           have more
                       than 16   seats in       addition to the driver 's seat
                       and its trailer has a maximum authorized mass of
                       over 750 kg .
6.           For the purposes of this Article :
- " Power-driven vehicle " means any self-propelled vehicle running
   on a road under its own power , other than a rail-borne vehicle ;
- " Motorcycles " means any       two-wheeled       vehicles    with   a maximum
   design    speed     exceeding   50    km / h   or ,   if it is powered by an
   internal combustion engine , with a capacity              of over   50 cm 3 ; a
   side-car shall be treated in the same way as such a vehicle ;
- " Tricycle "     and   " quadricycle "    mean    respectively any three or
   four-wheeled vehicle in Category B with a maximum design speed
   of over 50 km / h or , if these vehicles            are powered   by a spark -
   ignition internal        combustion engine ,        with a cubic capacity of
   more than 50 cm 3 or any other engine of equivalent               power .  The
   unladen mass shall not exceed 500 kg .                  The unladen mass of
   electrically-propelled vehicles shall not               take account of the
   battery mass .
   Member States may set lesser standards regarding the unladen
   mass and add others , such as the maximum cubic capacity or
   Power .
 ---pagebreak--- - " Motor vehicle " means any power-driven vehicle , other than a
   motorcycle , which is normally used for carrying persons or
   goods by road or for drawing , on the road , vehicles used for
   the carriage of persons or goods .          This term shall include
   trolleybuses , i.e. vehicles connected to an electric conductor
   and not rail-borne .      It shall not include agricultural or
   forestry tractors .
- " Agricultural or forestry tractor " means any power-driven
   vehicle running on wheels or tracks , having at least two axles ,
   the principal functioning of which lies in its tractive power ,
   which is specially designed to pull , push ,          carry or operate
   certain tools ,    machines or trailers used in connection with
   agricultural or forestry operations , and the use of which for
   carrying persons or goods by road            or drawing , on the road ,
   vehicles used for the carriage of       persons . or   goods is only a
   secondary function .
7.         Member   States    may ,  after    consulting the Commission ,
derogate , provided that this is mentioned in the driving licence ,
from the speeds indicated at the second and third indents of
paragraph 6 , provided that provision is made for lower speeds .
 ---pagebreak---                                          Article      5
1 .          Driving       licences        with     restrictive         conditions may be
issued to or renewed for physically                     handicapped drivers            as long
as   the    vehicles       they     drive       are     adapted to their needs .              Any
restriction made in the driving licence                       shall state        the type of
modification        required       to    the     vehicle , any prosthesis that the
driver must wear and , where appropriate , the period of validity .
             Whe’-p the wearing of corrective lenses or intra-ocular lenses is required for the purpose
of driving the vehicle this shall be marked on the driving licence .
2.           If , because of a           physical handicap ,            the applicant can
only obtain a driving licence for certain types of vehicle or for
vehicles adapted to his needs ,               the    driving test          provided for in
Article   8   shall be         taken in       such a      vehicle .      Driving licences
issued after passing the              test with         a specially - adapted vehicle
shall   be valid        only       for     vehicles       that are modified in accordance
with the conditions attached to the driving licence .
 ---pagebreak---                               Article 6
1.         The issue  of    driving     licences shall be subject to
the following conditions ;
(a)   licences for categories C and D shall be issued only to
     drivers already entitled to drive vehicles in category B ;
(b)  licences for combinations of vehicles in the subcategories
     of category E shall be issued only to drivers already
     entitled to drive vehicles in categories B , C or D.
2.         The validity of the driving licence           provided for in
Article 1 shall be determined as follows ;
(a)  licences granted for subcategories C + E or         D +  E shall be
     valid for combinations of vehicles in subcategory B + E ;
(b)  licences granted for subcategory C +         E shall be valid for
     subcategory D + E as long as their           holders are already
     entitled to drive vehicles in category D ,
3.         At national   level .  Member     States   may recognize the
following as valid ;
(a)  licences granted   for   category   A    may   also   be  valid for
     driving tricycles and quadri eye 1 es ;
(b)  licences granted for categories B , C or D may also be valid
     for driving light motorcycles . This validity may , however ,
     be limited to vehicles with lesser standards than those
     provided for by the definition of this subcategory .
 ---pagebreak---                                                - 12 -
                                             Article 7
  1.   The issue of driving licences shall be subject to the following minimum
  age conditions :
  (a)  Category A :
       - Motorcycles with a cubic capacity not exceeding 400 cm^ or a power not
         exceeding 35 kw :      applicants must be at least 18 years of age .
         Member States may derogate from this provision and issue such           licences from
         the age of 17 years ;
       - Motorcycles with a cubic capacity of over 400 cm^ or with a power of over
         35 kw :   applicants must have held a licence to drive vehicles in the
         subcategory immediately below for two years .
  (b)  Category B :  Applicants must be at least 18 years of age .
       Member     States       may    derogate    from   this  provision and issue
       such    licences from the age of 17 years .
(c)    Category C :          In    the   case    of   drivers     engaged       in     the
                             carriage of -    goods , the     minimum age at which
                             driving licences may be          issued    shall       be as
                                                                                     1
                             laid down in Council Regulation ( EEC ) No 3820 / 85 .
(d)    Category D :          In    the    case    of   drivers     engaged      in     the
                             carriage of passengers ,         the   minimum       age at
                             which driving licences may be issued shall be
                             as laid down in       Council Regulation ( EEC ) No 3820 / 85 .
(e)    Category E :          ( i ) Subcategory B + E : See category B ,
                           ( ii ) Subcategory C ♦ E : See category C ,
                         ( iii ) Subcategory D ♦ E : See category D.
1
  OJ No L 370, 31.12.1985 , p. 1 .
 ---pagebreak---                                          - 13 -
( f ) Optional subcategories :
       - Light motorcycles with a cubic capacity not exceeding 125 cm^: applicants
         must be at least 16 years of age .
       - Tricycles and quadricycles : applicants must be at least 16 years of age .
2.     Member States may refuse to recognize the validity on their territory of
driving licences issued to drivers under 18 years of age .
 ---pagebreak---                                        Artide      8
 1 .           A   driving     licence      shall , moreover ,   be issued only to
 those applicants :
 (a)    uho have passed a skills and behaviour test                 and a knowledge
        test      and     who     meet      medical      standards ,   the   minimum
        requirements of which may not be               less stringent    than those
        set out in Annexes II and III ;
  (b) . who have their normal residence in the territory of the Member State issuing
        the licence , or can produce evidence that they are studying there .
2.            Subject to the assent of the Commission , Member States may
apply to       the issue      of driving      licences the provisions of their
national      rules relating to conditions other than those referred to in
 paragraph 1 , provided that they are objectively justified .
3.             National provisions         regarding the suspension or withdrawal of the
right     to    make    use    of   a   driving      licence shall also apply to
drivers who no longer satisfy the                requirements for      the issue or
renewal of        a driving     licence in       regard to the knowledge ,     skill
and     behaviour      connected      with    the    driving    of   a power-driven
vehicle      and    the    state    of   health of the holder of the driving
licence subject ,       in this case ,     to an authorized medical opinion .
4.             The provisions     of Annex III shall         not prevent   a Member
State     from     providing      that   a    driver     who   obtained   a driving
licence before 1        July 1990 under         less stringent     conditions than
those provided        for in that Annex may have that licence regularly
renewed under the conditions pertaining when he obtained it .
5.            Member States may , subject to the assent of the Commission ,
derogate from        the provisions of Annex III where such derogations
are compatible with the development of                  medical science    and with
the principles laid down in that Annex .
 ---pagebreak---                                        Art i c 1 e 9
 Without prejudice          to provisions to be adopted by the Council
in this regard , each Member State shall retain the right
 to   fix ,    on    the    basis   of    national      criteria ,   the  period of
 validity of the Community driving licences which it issues .
                                     Article 1 0
 1 .          Where the       holder of      a valid     national driving licence
 issued by      a Member      State takes       up normal    residence in another
Member State , he may request that his driving licence be
exchanged for an equivalent licence issued by the competent
authorities in the Member State in which he has taken up his new
residence .
2.            It shall be for the Member State effecting the exchange
to check , if necessary , whether the licence submitted is in fact
still valid .            The Member State effecting the exchange shall
return the        old licence      to the      authorities of      the Member State
which   issued     it .
3.            Where a      Member State        exchanges a licence , issued by a
third country ,          for   a Community         model driving licence , such
exchange shall            be   recorded in         the licence , as shall any
subsequent renewal or replacement of that licence .                       Article 1
( 2 ) shall not apply to such a licence .                       A Community model
driving licence may in any event be issued only if the licence
issued by          the third country has been surrendered to the
competent authorities of the Member State issuing the Community
1 icence .
                                     Art i c 1 e_11
Member      States      shall  establish equivalences insofar as they make use of
the optional subcategories set out in Article 4 .
 ---pagebreak---                                         Article 12
 Five years      after implementation            of the    Directive , the Council ,
 acting on     a   proposal       from       the  Commission ,    shall   review the
national provisions regarding optional subcategories established
 in accordance      with Article 4, with a view to their harmonization
or elimination .
                                       Article 13
Vehicles used for the behaviour and skill test ,                  as referred to in
Annex II ,    which entered          into service before 1 July 1990 may be used
 after that date only for a period not exceeding three years if they do not meet
 the criteria laid down for such vehicles in Annex II , point 8.1.2 .
                                       Article 1 4
1 .          After    consulting           the   Commission ,    the  Member States
shall ,   at the latest by 31 December 1989 , adopt
the laws , regulations or administrative provisions                   necessary for
the implementation of this Directive from 1 July 1990 .
             However ,    no     provisions        should    be adopted concerning
Article 7 ( 13(c ),    ( d) ,  ( e ) ( i i ) and ( iii ) of the Directive     if the
vehicles concerned by that Article                      fall   within the scope of
Section II of Regulation ( EEC ) No 3820 / 85 .
2.           The Member       States        shall   assist    one   another   in the
implémentation of this Directive .
 ---pagebreak---                                      Arti eie  15
 First Directive 80 / 1263 / EEC is hereby repealed .
                                     Article   1 6
This Directive is addressed to the Member States .
Done at Brussels ,                                    For the Council ,
                                                      The President
 ---pagebreak---                                                                                       ANNEX I
                                                          C'OMMl'NITV MODEL DRIVINC LICENCE(' )
                                                                                                                         MEMBER STATE
                                                                                                                             O
                                                                                                                        DRIVING LICENCE
                                                                                                                               Korekort
 8                                                                                                                          Führerschein
    i
                                                                                                                         'Aóeia oónyi'icreüis
                                                                                                                      Permiso de Conducción
                                                                                                                        Permis de Conduire
                                                                                                                        Ceadúnas Tiomána
                                                                                                                          Patente di Guida
                                                                                                                              Rijbewijs
                                                                                                                        Carta de Condução
                                                                                                                      EUROPEAN COMMUNITIES
                                                                                                                                  Model
   i
                                                                       Categories o' vehicles tor which         Stamp      Additiohât information
       t Surname
                                                                               the permit it valid
      2 Orner namet
                                                                         Motorcycles > $0 k p h with
      3 Date anc place of pirtn
                                                                 A       or without fioecar
      a Permanent place et résidence                                     Motor « eh>cie* other then those in
                                                                         category A with an authorised
      5 isswed Py                                                B       mmmnm mttt not exceeding 3 S
                                                                         tonnes ano not more than e>ghi seats
                                                                         m addition to the drivers seal
      6  A!            ОП
S
      7  v*«»d until                                                     Motor vehicles used for the carnage of
                                            (Photo )
                                                                 C       QOOOS and whose authored
                                                                         miiKT'i.rr mass eaceeds 3 5 tonnes
      e  NO
                                                                        Motor vehicles used for the carnage of
                                                                D       passengers with more than eight seels
                                                                        •n aoe<tion to the driver s seat
            • S' Qnatur» etc )
                                  Signature ot                          Combinations o‘ vehicles of which the
                                  r>oioe *                              drawing vehicle is m categories B. C
                                                                 E      or 0 Du * which are not themselves m
                                                                        that category or categories
JL
                                                                                      222 mm
               l' i  The citmmmis on the mndel Community driving licence sa ill he found on page I Widow.
                     A specimen Commumtt driving kvitcc i Belgian ) appear* «>n page ^Ohdow.
 ---pagebreak---                                                tf
                    Comments on the model driving licence shown on page 13
I. The colour of ihc Community driving licence shall be pink .
2 . On the cover page :
    – mention ol the name of the Member State issuing the licence shall be optional;
    – the distinguishing vign of the Member State issuing the licence shall be entered in the oval:
    – the words ‘driving licence* shall be printed in large type in the language or languages of
        the Member State issuing the licence. They shall appear, after a suitable space, in small
        type in the other languages of the European Communities:
    – the words 'European Communities model* shall be printed in the language or languages
        of the Member State issuing the licence.
3. The printed entries on the other pages shall be in the language or languages of the Member
    State issuing the licence .
4. The page entitled 'Additional information * is designed for details of any restriction or
    extension of the conditions governing the validity of the licence. This page may also be used
    for showing the period of validity of the licence where this varies.
                                      Addmonal information
              Valid until :                        Renewed until :
              Issucd on : .     .          .       on :
5. Other comments max be entered on the remaining blank pages. Where appropriate. Member
    States may enter on them categories of vehicles not covered by this Directive or may
    subdivide categories A. B. C. D and E in the corresponding page.
h . Member Stales shall have the right to :
    – dispense with the photograph requirement :
    – replace the permanent place of residence by the postal address:
 ---pagebreak---             SPECIMEN COMMUNITY MODEL LICF.NCE : BELGIAN LICENCE
                           ( FOR INFORMATION )
KONINKRIJK BELGIË                           ROYAUME DE BELGIQUE
                                                         PERMIS
       RIJBEWIJS                                    DE CONDUIRE
          Kerekort                                        Kerekort
       Führerschein                                    Führerschein
     'Aóeia oónY^oíujq                               'Aóeia oónYi^oeuK
  Permiso de Conducción                           Permiso de Conducción
      Driving Licence                                 Driving Licence
    Permis de Conduire                              Ceadúnas Tiomána
    Ceadúnas Tiomána                                  Patente di Guida
     Patente di Guida                                     Rijbewijs
    Carta de Cóndu?§o                               Carta de Condução
        Model van de                                     Modèle des
EUROPESE GEMEENSCHAPPEN                         COMMUNAUTES EUROPÉENNES
 ---pagebreak---                                      Annex II
                        KNOWLEDGE , SKILL AND BEHAVIOUR
                          FOR DRIVING A MOTOR VEHICLE
1 . Preamble
    To drive safely, drivers of all motor vehicles must have the knowledge,
    skill and behaviour to be able :
    “ to recognize traffic dangers and to assess their seriousness ;
    - to have sufficient command of their vehicle not to create dangerous
      situations and to react appropriately should such situations occur;
    - to comply with road traffic regulations , and in particular those
      intended to prevent road accidents and to maintain the flow of traffic ;
    ~ to detect any major technical faults in their vehicles , and in particular
      those posing a safety hazard , and have them remedied in an appropriate fashion
    - to take account of factors affecting driving behaviour (e.g. alcohol ,
      fatigue , eyesight , etc .) so as to retain full use of the faculties
      needed to drive safely ;
    - to help ensure the safety of all road users , and in particular of the
      weakest and most exposed , by showing due respect for others .
 ---pagebreak--- 2 . Knowledge
     Drivers must demonstrate a knowledge and sound understanding of the
     following fields :
    2.1    importance of alertness and of attitudes to other road users ;
    2.2   mechanical aspects with a bearing on road safety ;,  in particular
         they must be sufficiently familiar with, and be able to put right,
         the most common faults in the steering system , tyres , lights
         and direction indicators , reflectors , rear-view mirrors , wind¬
          screen washers and wipers , the exhaust system and seat-belts ;
    2.3   the most important principles concerning braking distances and
          roadholding under various weather and road conditions ;
    2.4 perception , judgment and decision taking , especially reaction time,
         as well as changes in driving behaviour due to the influence of alcohol ,
         drugs and medicaments , state of mind and fatigue ;
    2.5 specific risk factors related to the age and lack of experience of other
          road users , including pedestrians and in particular children,
          adolescents and elderly people , in order to be able to predict
          their behaviour in traffic situations ;
    2.6   specific driving characteristics of various types of vehicle and
          of the different fields of view of their drivers , to be able to
          predict how the driver will behave or the vehicle move in traffic ;
 ---pagebreak---      2.7 risk factors related to various road conditions , as they change
           with the weather and the time of day or night ;
     2.8 characteristics of various types of road and of the related statutory
           requirements ;
     2.9 statutory vehicle safety equipment , and in particular the use of
           seat-belts wherever statutorily required and child safety equipment ;
    2.10 general rules regarding vehicle use in regard to environment (especially
           noise and pollution );
    2.11 road traffic regulations , in particular as regards road signs,
          signals, rights of way and speed limits ;
    2.12 rules concerning administrative documents required for the use of
          vehicles ;
    2.13 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 ;
    2.14 safety factors relating to vehicle loading and persons carried .
3 . Ski Ils
    The rules set out below apply only to the extent that they are compatible
    with the characteristics of the vehicle .
    3.1   Drivers must be able to prepare for safe driving by :
          3.1.1 checking the condition of the tyres , lights , reflectors ,
                  steering , brakes , direction indicators and audible warning
                  devi ce ;
 ---pagebreak---      3.1.2 adjusting the seat as necessary to obtain a correct seated
             position ;
     3.1.3 adjusting the rear-view mirrors and seat-belts ;
     3.1.4   checking that the doors are closed .
3.2 Drivers must be able to use the vehicle controls , i.e. :
    - steering wheel
    - accelerator
    - clutch
    - gears
    - handbrake and footbrake ,
    under the following conditions :
    3.2.1   starting the engine and moving off smoothly (uphill as well
            as downhill );
    3.2.2 accelerating to a suitable speed while maintaining a straight
            course , including during gear-changes ;
    3.2.3 adjusting speed to negotiate left or right turns at junctions *
           possibly in restricted spaces , while maintaining control of the
           vehicle ;
    3.2.4  reversing in a straight line and reversing right or left
           round a corner while keeping within the correct traffic lane ;
 ---pagebreak---            3.2.5 performing a three-point turn (using forward and reverse
                   gears ) on a suitably narrow stretch of road;
           3.2.6 braking accurately to a stop, if need be by performing an emergency
                  stop ;
           3.2.7 parking the vehicle and leaving a parking space (parallel ,
                   oblique or right-angle ) both forwards and in reverse , on
                   the flat , uphill and downhill .
3.3      Under the conditions set out in 3.2 drivers must be able to use
         the secondary controls of the vehicle : windscreen wipers , wind­
        screen washers , demister and air-conditioning , lights , etc .
4 . Behaviour
    4.1    Drivers must be able to perform all the usual manoeuvres in complete
           safety in normal traffic situations ,, taking all the necessary
          précautions ;
          A. 1.1   observing ( including the use of the rear-view mirrors ) road
                   alignment , markings , signs and signals and potential or
                   actual risks ;
          A. 1.2 communicating with other road users using the authorized
                  means ;
          A. 1.3 reacting in actual risk situations ;
          4.1 . A Complying with road traffic regulations and the instructions
                  of the police , traffic wardens , etc .
          4.1.5 showing due respect for other road users .
    4.2 Drivers must also have the skills needed, in traffic situations .
          4.2.1 to move off from the kerb and/or a parking space ;
 ---pagebreak---           4.2.2 to drive with the vehicle correctly positioned on the road,
                 adjusting speed to traffic conditions ;
          4.2.3 to keep the right distance between vehicles ;
          4.2.4 to change lanes ;
          4.2.5   to pass parked or stationary vehicles and obstacles ;
          4.2.6  to pass oncoming vehicles , including in confined spaces ;
         4.2.7   to overtake in various situations ;
         4.2.8  to approach and cross level crossings ;
         4.2.9  to approach and cross junctions
         4.2.10 to turn right and left at junctions or to leave the carriageway;
         4.2.11 to take the necessary precautions when alighting from the
                 vehicle .
5 . Specific requirements for driving Category A , C , D t C+E and D+E vehicles
    5.1  Category A
         Drivers of Category A vehicles must know how :
         5.1.1  to adjust their crash-helmet and to check the other safety devices
                on the vehicle ;
         5.1.2  to remove the motorcycle from its stand and to move it ,
                without the aid of the engine , by walking alongside the
                vehicle ;
         5.1.3  to park the motorcycle on its stand;
         5.1.4  to perform a U-turn;
 ---pagebreak---      5.1.5 to keep the vehicle balanced at various speeds , including
             slow speeds , and in different driving situations , also
             whilst carrying a passenger;
     5.1.6   to lean over to turn .
5.2 Categories C , D; C+E and D+E
     Drivers of vehicles in these categories must demonstrate a
     knowledge and sound understanding of the fields set out below :
    5.2.1    obstructions to the visibility of the driver and other
             users caused by the characteristics of their vehicle ;
    5.2.2   the effect of wind on the course of the vehicle ;
    5.2.3   rules on vehicle weights and dimensions ;
    5.2.4   rules on driving hours , rest periods and use of the tachograph ;
    5.2.5    principles of braking systems and speed governors
    5.2.6   precautions to be taken when overtaking because of the danger
            of splashing spray or mud ;
    5.2.7   reading a road map .
            They must also be capable of :
    5.2.8   checking the power-assisted braking and steering systems ;
    5.2.9   using the various braking systems ;
    5.2.10 using the speed governor ;
    5.2.11 adjusting course when turning to allow for the length of
            vehicle and its overhangs .
 ---pagebreak---      5.3  Categories C and C + E
           Drivers of vehicles in these categories must :
          5.3.1   know the safety factors relating to vehicle loading .
    5.4   Category C + E
          Drivers of vehicles in this subcategory must be capable of :
         5.4.1    coupling and uncoupling the trailer or semi-trailer to and
                  from the tractor .
    5.5  Category D
          Drivers of vehicles in this category must demonstrate a
          knowledge of :
         5.5.1    the rules concerning persons carried ;
         5.5.2    how to behave in the event of an accident .
                  They must also be capable of :
         5.5.3    taking special vehicle safety measures .
6 . Use of the vehicle
    All drivers must be capable of driving their vehicles on various types
    of roads , both in urban areas and on the open road and in various traffic
    density conditions , both in daylight and at night .
 ---pagebreak--- MINIMUM REQUIREMENTS FOR DRIVING TESTS
The Member States shall take the necessary measures to ensure that
applicants for driving a vehicle possess the knowledge and skills
and exhibit the behaviour required for driving a motor vehicle .
A test introduced to this effect must consist of :
                   “  a theoretical test
                   -  a test of skills and behaviour
The conditions under which this test shall be conducted are set out
below .
7.     Theory test
       7.1     Form
               The form chosen shall be such as to make sure that the applicant
               has the required knowledge of the subjects listed in paragraphs
               2 and 5 in this Annex .
     7.2       Content of the test concerning all vehicle categories .
               The numbers refer to paragraph 2 of this Annex .
   7.2.1       Questions must be asked on each of the subjects listed
               below, the content of the questions being left to the discretion
               of each Member State .
   7 . 2 . 1.1   Road traffic régulations
                  point 2.11 .
   7 . 2 . 1.2   The driver
                 points 2.1 and 2 . A
  7 . 2 . 1.3     The road
                 points 2.3, 2.7 and 2.8 .
  7 . 2 . 1.4    Other road users
                 points 2.5 and 2 . 6
 ---pagebreak---                                      - io -
 7 . 2 . 1.5  General rules and regulations and other matters
              Points 2.12, 2.13 and 2.14
 7.2.2       .The test provided for in paragraph 7.2.1 above should be completed
             by a random check on one of the following points : 2.2, 2.9 and
              2.10 concerning the vehicle .
7.3          Spécifie provisions concerning categories C , D, C + E and D + E.
             The test provided for in paragraph 7.2 above will be completed for
             applicants to drive vehicles in categories C,D, C + E and D + E :
7.3.1        by an obligatory check of the following points under paragraph 5
             in this Annex .
7 . 3 . 1.1  Categories C,D, C + E and D + E
             Points 5.2.3, 5.2.4 ( except use of the tachograph , which is dealt
             with in point 9.3.1 ) and 5.2.5 .
7 . 3 . 1.2  Category D
             Points 5.5.1 and 5.5.2
7.3.2        by a random check of one of the following points :
             5.2.1 , 5.2.2 , and 5.2.6 .
 ---pagebreak---                                          - èi -
 8.   Test of skills and behaviour
 8.1   The vehicle and its equipment
 8.1.1    The driving of a vehicle with manual transmission shall
       • be subject to the passing of a skills and behaviour test
          taken on a vehicle with manual transmission .
          If an applicant takes a test on a vehicle with automatic trans ¬
          mission this shall be recorded on any licence issued on the
          basis of such tests .    Licences with this endorsement shall be
          used only for driving vehicles with automatic transmission .
8.1.2      Vehicles to be used for the skills and behaviour tests
 Category A :
- subcategory : motorcycles with a cubic capacity not exceeding 400 cm^ or a power
   not exceeding 35 kW :    motorcycle with a power of at least 20 k.W or a cubic capacity
   of at least 240 cm^ and a mass of at least 120 kg;
- subcategory : motorcycles with a cubic capacity of over 400 cm^ or a power of
   over 35 kW: motorcycle with a power of at least 600 cm^;
- optional subcategory :     light motorcycles :  motorcycle with a cubic capacity of
   at least 80 cm^.
         Category 8 : Four-wheeled Category B vehicle capable of a speed
                       of at least 100 km / h .
        Optional subcategory tricycles and quadicycles :
                                    Tricycles or quadricycles capable of a
                                    speed of 60 km / h
        Category C : Category C vehicles with a maximum authorized
                       mass of at least 11 000 kg and capable of
                       a speed of at least 80 km / h .
        Optional subcategory for a limited C licence :
                                   Category C vehicles with a maximum authorized
                                   mass of at least 4 000 kg and capable of a speed
                                   of 80 km / h .
 ---pagebreak---   Category D :    Category D vehicles not less than 9 m in length and
                  capable of a speed of 80 km / h .
  Optional subcategory for a limited D licence :
                  Category D vehicles capable of a speed of 80 km / h .
  Category E :    Mandatory subcategories .
 B + E       :    Combinations of vehicles with a maximum authorized mass of
                  over 3 500 kg comprising a Category B vehicle and a trailer
                  with a maximum authorized mass of at least 1 250 kg and
                  capable of a speed of 100 km / h ;
c + E          : -   articulated vehicles with a maximum authorized mass
                     of at least 21 000 kg and capable of a speed of
                     80 km / h , or
                -    combinations of vehicles comprising a Category C
                     vehicle and a trailer with at least two axles , one
                     of which at least must be a steering axle , and a
                     wheelbase of at least 4 m , with a maximum authorized
                     mass of the combination of not less than 21 000 kg
                     and capable of 80 km / h ;
 D + E     :    Combinations comprising a Category D test vehicle and a
                trailer with a maximum authorized mass of not less than
                1 250 kg and capable of 80 km / h .
 Optional subcategories :
 C + E     :    Combinations of vehicles comprising a Category C vehicle
                with a maximum authorized mass of not less than 4 000 kg
                and a trailer with a maximum authorized mass of not less
                than 2 000 kg .     The length of the combination must not
                be less than 6 m .     It must be capable of 80 km / h .
D + E      :    Combinations of vehicles comprising a Category D test
                vehicle and a trailer with a maximum authorized mass of
                not less than 1 250 kg and capable of 80 km /h .
 ---pagebreak---                                       - зь-
   8.2   Ski Ils and behaviour
         The rules set out below apply only where they are compatible with
         the characteristics of the vehicle .
 8.2.1   Préparation of the vehicle
         Applicants must demonstrate that they are capable of preparing to
        drive safely by satisfying the following requirements (the references
        are to paragraph 3.1 in this Annex ): Points 3.1.2, 3.1.3 (the point
        on seat-belts applies only if the law requires one to be worn ) and
        3.1.4 .
8.2.2   Control of the vehicle
        Applicants must demonstrate that they are capable of using the vehicle
        controls by satisfactorily performing the following manoeuvres
        ( the references are to paragraph 3.2 of this Annex ):
        Points 3.2.1 ( starting on the flat and uphill ), 3.2.2, 3.2.3
       and 3.2.6 ( except emergency stops , which are dealt with in point
       10.1.1 ).
       A selection of the manoeuvres referred to under points 3.2.4,
       3.2.5 and 3.2.7 shall be tested ( at least two manoeuvres
       for the three points , including one +n reverse gear).The manoeuvre specified
       in point 3.2.5 need not be tested for vehicle categories
       C , D and E.    Applicants for a licence in these categories
       must reverse along a curve , the line of which shall be
       left to the discretion of the Member States .
 ---pagebreak---                                        - ap-
    8.2.3  Behaviour in traffic
           Applicants must perform all the following manoeuvres referred
           to in paragraph 4 of this Annex in normal traffic situations ,
           in complete safety and taking all necessary precautions :
           Points 4.1.1 , 4.1.2, 4.1.3, 4.1.4, 4.1.5 , 4.2.1 , 4.2.2,
           4.2.3, 4.2.4, 4.2.5, 4.2.9 and 4.2.10 plus the manoeuvres
           mentioned in points 4.2.6, 4.2.7 and 4.2.8 if the opportunity is given.
    8.3    Specific provisions concerning Categories A,C,D and E.
           In addition to the abovementioned manoeuvres , applicants
           for Category A,C,D and E licences must perform the following
          manoeuvres ( the references are to paragraph 5 in this Annex ! :
  8.3.1   Category A
          Points 5.1.2 ( removing the motorcycle from its stand and possibly
          moving it , without the aid of the engine , by walking alongside ),
          5.1.3 and 5.1.6 .    If the law requires a crash-helmet to be worn,
          the adjustment of the helmet shall be checked . A selection of the
          checks listed under point 5.1.1 shall be tested . The ability
          to keep balance ( point 5.1.5 ) must be tested at various speeds ,
          including slow speeds , and in different driving situations
            except the transport of passengers , which is dealt with in
          point 9 . 1.2.1 ·
 8.3.2    Categories C , D and E
          Points 5.2.8, 5.2.9, 5.2.10 and 5.2.11 .
8.3.3     Category D
          point 5.5.3
 ---pagebreak---         9 . Theory or practical test
        9.1     The applicant 's skills and behaviour in the areas listed below
                must be tested either in the theory test or in the practical
                test , at the discretion of the Member States .
      9.1.1     All categories
    9 . 1.1.1   random checks on the condition of the tyres , lights , reflectors ,
                steering , brakes , direction indicators and audible warning
                device .
  9 . 1.1 . 2 precautions necessary when alighting from the vehicle .
  9.1.2         Category A
                9.2.1 keeping balance whilst carrying a passenger .
  9.1.3         Categories C , D and E
                9.3.1 use of the tachograph
- 9.1.4         Category C + E
   9.1 . 4.1 attaching and detaching a trailer or sen,i-trailer to/from its
                 tractor vehicle .
  9. 1.4 . 2    safety factors relating to vehicle loading .
  9.2           Reading a road map may be tested either in the theory or in
                the practical test .
 ---pagebreak---  10 .  Optional practical test
          The aspects of the applicants' skill and behaviour listed below
          may also be tested in the course of the practical test .
10.1      All categories
10.1.1    emergency stop .
10.2      Category A
10.2.1    U-turn
11 .  Marking of the practical test
      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 .    Errors or dangerous
      conduct immediately endangering the safety of the test vehicle , its
      passengers or other road users shall be penalized by failing the test ,
      whether or not the examiner has to intervene .    None the less the examiner
      shall be free to decide whether or not the practical test should be
      completed .
 ---pagebreak---                               - я -
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 paragraphs
8 and 9 . In no circumstances should the time spent driving
on the road be less than 25 minutes for Categories A and B
and 45 minutes for the other categories .
Location of the test
The part of the test to assess the applicant 's control over
the vehicle may be conducted on a special testing ground .
Wherever possible , the part of the test to assess behaviour •
in traffic should be conducted on roads outside built-up areas ,
expressways and motorways , as well as on urban streets which should
represent the problems likely to be encountered by drivers .
It is also desirable for the test to take place in various traffic
density conditions .
 ---pagebreak---                                  ANNEX III
           MINIMUM STANDARDS OF PHYSICAL AND MENTAL FITNESS
                        FOR DRIVING A MOTOR VEHICLE
DEFINITIONS
1.    For the purposes of this Annex , drivers are classified in two
      groups :
1.1 . Group 1 : drivers of vehicles of categories A and B and
                subcategory 3 + E ,
1.2 . Group 2 : drivers of vehicles of categories C and D and of
                the other subcategories of category E.
1.3 . The 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 formalities are being completed or
                during the tests which they have to undergo prior
                to obtaining a driving licence , that they have one or
                more of the medical disabilities mentioned in this
                Annex .
 ---pagebreak---                 Applicants for a first licence and drivers aged over
                75 shall undergo such periodic medical examinations
                as may be prescribed by national laws .
4.    Group 2 : applicants shall undergo a medical examination before
                a driving licence is first granted to them and
                thereafter drivers shall undergo such periodic
                examinations as may be prescribed by national laws .
5.    The standards set by member States for issuing driving
      licences may be stricter than those set out in this Annex .
SIGHT
6.    All applicants for a driving licence should undergo an
      appropriate investigation to ensure that they have adequate
      visual acuity for criving motor vehicles . Where there is
      reason to doubt that the applicant 's vision is adequate , he
      should be examined by a competent medical authority . At this
      examination attention should be paid to 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 visual acuity , with corrective lenses if
      necessary , of at least 0.6 when using both eyes together .
      Driving licences should not be granted or renewed if , in the
      event of medical examination , it is shown that the horizontal
      field of vision is less than 120° or that the person concerned
      suffers from any other eye condition that would compromise
      safe driving . Where a progressive eye disease is diagnosed or
      declared , driving licences may be issued or renewed subject to
      the applicant undergoing regular examinations by a competent
      medical authority .
 ---pagebreak---                                  - i/O -
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
      use only one eye ( e.g. in the case of diplopia ) must have a
      visual acuity of at least 0.6 , with corrective lenses if
      necessary . The competent medical authority must certify that
      this condition of monocular vision has existed sufficiently
       long to allow adaptation and that the field of vision in this
      eye is normal .
      Group 2 :
6.3 . Applicants for a driving licence or for the renewal of such a
      licence must have a visual acuity , with corrective lenses if
      necessary , of at least 0.8 in the better eye and of 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 the minimum acuity ( 0.8 and 0.5 ) must be
      achieved either by correction by means of glasses with a power
      not exceeding plus or minus 4 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 applicants or drivers without a normal field
      of vision or suffering from diplopia .
HEARING
7.    Driving licences shall not be issued to or renewed for
      applicants or drivers in group 2 if their hearing is so
      deficient that it interferes with the proper discharge of
      their duties .
PERSONS WITH A LOCOMOTOR DISABILITY
8.    Driving licences shall not be issued to or renewed for
      applicants or drivers suffering from complaints or
      abnormalities of the locomotor system which make it dangerous
      to drive a motor vehicle .
 ---pagebreak---                                  - VI -
      Group 1 :
8.1 . Driving licences subject to certain restrictions , if
      necessary , may be issued to physically handicapped applicants
      or drivers following the issuing of an opinion by a competent
      medical authority . This opinion must be based on a medical
      assessment of the complaint or abnormality in question and ,
      where necessary , on a practical test . It must also indicate
      what type of modification to the vehicle is required and
      whether the driver needs to be fitted with an orthopaedic
      device , in so far as the test of driving ability and behaviour
      demonstrates that with such a device driving would not be
      dangerous .
8.2 . Driving licences may be issued to or renewed for any applicant
      suffering from a progressive complaint on condition that the
      disabled person is periodically examined to check that the
      person is still capable of driving the vehicle completely
      safely .
      Where the handicap is static , driving licences may be issued
      or renewed without the applicant being subject to regular
      medical examination .
      Group 2 :
8.3 . The competent medical authority shall give due consideration
      to the additional risks and dangers involved in the driving of
      vehicles covered by the definition of this group .
CARDIOVASCULAR DISEASES
9.    Any disease capable of exposing an applicant for a first
      licence or a driver applying for renewal to a sudden failure
      of the cardiovascular system such that there is a sudden
      impairment of the cerebral functions constitutes a danger to
      road safety .
      Group 1 :
9.1 . Driving licences shall not be issued to or renewed for
      applicants or drivers with serious arrhythmias .
 ---pagebreak---  9.2 . Driving licences may be issued to or renewed for applicants or
       drivers wearing a pacemaker subject to authorized medical
       opinion and regular medical check-ups .
 9.3 . The question whether to issue or renew a licence for
       applicants or drivers suffering from abnormal arterial blood
       pressure shall be assessed with reference to the other results
       of the examination , any associated complications and the
       danger they might constitute for road safety .
 9.4 . Generally speaking , a driving licence shall not be issued to
       or renewed for applicants or drivers suffering from angina
       during rest or emotion . The issuing or renewal of a driving
       licence to any applicant or existing licence holder having
       suffered myocardial infarction shall be subject to authorized
       medical opinion and , if necessary , regular medical
       examination .
       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
       existing licence holders suffering from diabetes mellitus
       subject to authorized 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 , und then only where duly justified by authorized
       medical opinion and subject to regular medical check-ups .
 ---pagebreak--- 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 authorized
       medical opinion .
       For example , neurological disturbances associated with
       diseases or surgical intervention affecting the central or
       peripheral nervous system, which lead to sensory or motor
       deficiences and affect balance and coordination must be taken
       into account in relation to their effects and the risks of
       progression . Where necessary , the renewal or grant of the
       licence may be subject to periodic assessment .
12 .   Epileptic seizures or other sudden disturbances of the state
       of consciousness constitute a serious danger to road safety if
       they occur to a person while driving a motor 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 .
 ---pagebreak--- 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 ;
       - suffer from severe mental retardation ;
       - suffer from severe behavioural problems due to ageing or
         from personality defects leading to impaired judgment or
         adaptability ,
       unless their application is supported by authorized medical
       opinion and , if necessary , subject to regular medical
       check-ups .
       Group 2 :
13.2 . The competent medical authority shall give due consideration
       to the additional risks and dangers involved in the driving of
       vehicles covered by the definition of this group .
ALCOHOL
14 .   Alcohol consumption constitutes a major danger to road
       safety . In view of the scale of the problem the medical
       profession must be very vigilant .
       Group 1 :
14.1 . Driving licences shall not be issued to or renewed for
       applicants or drivers who are dependent on alcohol or unable
       to retrain from drinking and driving .
       After a proven period of abstinence and subject to authorized
       medical opinion and regular medical check-ups , driving
       licences may be issued to or renewed for applicants or drivers
       who have in the past been dependent on alcohol .
 ---pagebreak---          Group 2 :
 14.4 . 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 , CHEMICALS AND MEDICAMENTS
15 .    Drug abuse :
        Driving licences shall not be issued to or renewed for
        applicants or drivers who are dependent on psychotropic
        substances , whatever category of licence is reguested .
        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 such large guantities are absorbed that
        they are likely to have an adverse effect on driving . This
        shall apply to all other medicanents or combinations of
        medicaments which can hamper the ability to drive safely .
        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 definition of this group .
RENAL DISORDERS
        Group 1 :
16.1 . Drivinq licences may be issued to or renewed for applicants
        and drivers suffering from serious renal insufficiency subject
        to authorized medical opinion and regular medical check-ups .
 ---pagebreak---        Group 2 :
16.2 . Save in exceptional cases supported by authorized 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 authorized medical opinion and , if necessary ,
       regular medical check-ups , driving licences may be issued to
       or renewed for applicants 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 paragraphs
       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
       authorized medical opinion and , if necessary , subject to
       regular medical check-ups .
 ---pagebreak---                      FICHE DE COMMUNICATION
            COMMUNICATION DE LA COMMISSION AU CONSEIL
" Proposition de directive relative au permis de conduire "
    Personnes ou groupes de personnes concernés
   Tous les titulaires d' un permis de conduire et les
   candidats a la délivrance d' un permis .
   Les administrations nationales à cause des réformes
   administratives nécessaires .
   Les professionnels chargés de l' apprentissage de la
   conduite .
   Préparation de la proposition
   a ) Caractère novateur
       Dans le cadre de l' Europe des citoyens , la
       proposition vise à améliorer la libre circulation des
       personnes à l' intérieur de la Communauté et leur
       établissement dans un Etat membre autre que celui
       dans lequel elles ont passé un examen oe conduite . La
       directive de 1980 ayant instauré le permis de
       conduire communautaire s' est avérée insuffisante sur
       ce point , notamment en établissant l' obligation
       d' échange du permis du titulaire qui acquérait une
       résidence normale dans un autre Etat membre .
       La nouvelle proposition supprime 1 'obligation
       d' échange et établit en principe général , la recon¬
       naissance mutuelle des permis de conduire .    Elle
       maintient cependant la faculté d' échange a la demande
       du titulaire .
       En outre , en vue d' une amélioration de la sécurité
       routière , le programme d' examen n' est plus une simple
       énumération de matières a retenir . On définit les
       objectifs à atteindre en matière de formation des
       conducteurs . C' est en fonction de ces objectifs que
       l' on fixe le programme d' examen .
   b ) Consultations effectuées par les services de la
       Commission
       – Organisme privé charge d' etudes sur la securité
          routière ,
       – experts gouvernementaux .
 ---pagebreak---                              42
                            - 2 -    IV
3. Actions d' informations suggérées
   Communiqué de presse .
 ---pagebreak---            IMPACT ON OOfrggm'.i.VENESS AND
.Vhat .ls_ tbg Chief justification for the irmgjrs?
To increase road safety and to facilitate the freedom of movement
 for persons in the Member States .
                    Qf_the enterprlses conoemed
 1.   Enterprises where employees transfer their normal residence to
     alicences
        Member . State other than the one which issued their driving
2 . Driving schools responsible for teaching applicants for
     driving licences to drive .
3.   Transport companies .
What._are the -Obligations imposed directly on enterprises ?
Driving schools must base their driving programmes on the
objectives set out in the Directive (Annex II ).
What obligations may be Imposed indirectly on enterprises by the
local authorities ?
See III . It does not seem in principle that specific obligations
can be imposed on enterprises by the local authorities .
Do spécial measures apply for SHEs ?
NO .
What is the foreseeable effect ?
1 . All companies whose employees transfer their normal residence
     to another Member State will find the freedom of movement for
     their employees within the Community made easier than the
     present situation by virtue of the elimination of the
     obligation laid down in Directive 80/ 1263/ EEC to exchange
     driving licences (see explanatory memorandum relating to
     Article 10 and first and ninth recitals ).
 ---pagebreak---                                    5o
                                  - 2 -
      2.   In some Member States there will be an increase in the number
           of applicants for driving lessons due to the extension of the
           driving programme under Annex II to the Directive , which
           provides for specific test requirements for each category of
           vehicle (by way of example , from the entry into force of the
           Directive , some Member States not requiring certain specific
           licences for certain categories of vehicle - for motorcycles ;
           C and D for certain types of lorry and bus - will have to
           introduce them and as a result specific training will be
           necessary).
           This could have positive effects on employment in driving
           schools in some Member States .
      3.   As regards transport companies , the impact on competitiveness
           and employment will be negligible since the proposal for a
           Directive does not change the existing situation for
           professional drivers and access to the profession of driver
           continues to be governed by Council Regulation (EEC)
           No 3820/ 65 of 20 December 1985 ) .
           The harmonization of vehicle categories established by the
           proposal for a Directive (by eliminating the possibility of
           derogation permitted by the existing Directive) and the
           creation of optional sub-categories , in particular limited C
           and D licences , will mean a better level of professionalism
           without changing the level of employment .
VII . Have the two sides of industry been consulted?
      No .