natgillin/translations-raw huggingface dataset:
In 1991 a new Directive (91/439/EEC) was adopted that abolished the obligation to exchange licences and introduced the mandatory principle of mutual recognition.
In 1991 a new directive (91/439/EEC) was adopted that abolished the obligation to exchange licences and introduced the mandatory principle of mutual recognition.
However, in practice, due to different validity periods and other requirements for licences, legal uncertainty has continued to surround the application of this principle.
However, in practice, due to different validity periods and other requirements for licences, legal uncertainty has continued to surround the application of this principle.
In accordance with the goals of the Lisbon Agenda on the functioning of the internal market, the current proposal aims to remove this remaining legal uncertainty and to remove the final obstacles to the free movement of citizens in this area.
In accordance with the goals of the Lisbon Agenda on the functioning of the internal market, the current proposal aims to remove this remaining legal uncertainty and to remove the final obstacles to the free movement of citizens in this area.
In revising Directive 91/439/EEC, the Commission sets itself three main goals:
In revising Directive 91/439/EEC, the Commission sets itself three main goals:
· to reduce the possibilities of fraud;
· to reduce the possibilities of fraud;
· to guarantee a true freedom of movement to EU drivers;
· to guarantee a true freedom of movement to EU drivers;
· to reinforce safety on European roads.
· to reinforce safety on European roads.
In order to tackle fraud and allow for free movement, the Commission proposes:
In order to tackle fraud and allow for free movement, the Commission proposes:
· driving licences should be only of the plastic credit card type;
· driving licences should be only of the plastic credit card type;
· the possibility of including a microchip should be introduced;
· the possibility of including a microchip should be introduced;
· new licences should have a limited administrative validity.
· new licences should have a limited administrative validity.
In order to improve road safety there should be:
In order to improve road safety there should be:
· harmonisation of subcategories;
· harmonisation of subcategories;
· progressive access according to age and experience;
· progressive access according to age and experience;
· Pan-European application of driving bans.
· pan-European application of driving bans.
CRITICAL ASSESSMENT OF THE PROPOSAL
CRITICAL ASSESSMENT OF THE PROPOSAL
It is reasonable to ask why Europe has moved rapidly into the 21st century with regard to identity cards, while it is stuck so firmly in the Middle Ages in respect of driving licences.
It is reasonable to ask why Europe has moved rapidly into the 21st century with regard to identity cards, while it is stuck so firmly in the Middle Ages in respect of driving licences.
The rapporteur considers that the present complex and unfair situation is long overdue for change.
The rapporteur considers that the present complex and unfair situation is long overdue for change.
He therefore welcomes the Commission proposal as a step towards a simpler, more logical and modern system.
He therefore welcomes the Commission proposal as a step towards a simpler, more logical and modern system.
In particular, he supports the Commission’s aims of reducing the possibilities for fraud, guaranteeing the free movement of citizens and contributing to improved road safety.
In particular, he supports the Commission’s aims of reducing the possibilities for fraud, guaranteeing the free movement of citizens and contributing to improved road safety.
The current proposal, he believes advances these goals, but could go further.
The current proposal, he believes, advances these goals, but could go further.
I. Anti-Fraud Protection and the Free Movement of Citizens
I. Anti-Fraud Protection and the Free Movement of Citizens
(i) Introduction of a Microchip
(i) Introduction of a Microchip
In its innovative proposals on the introduction of a microchip onto the licence, the Commission limits itself to allowing Member States to chose to include such a feature.
In its innovative proposals on the introduction of a microchip onto the licence, the Commission limits itself to allowing Member States to chose to include such a feature.
Despite the danger that fraud is simply directed at the weakest link i.e. licences without a microchip, the rapporteur accepts that politically it is impossible to go further at this time.
Despite the danger that fraud will simply be directed at the weakest link, i.e. licences without a microchip, the rapporteur accepts that politically it is impossible to go further at this time.
Nevertheless, an amendment is introduced in order to make the provisions more flexible so as to allow Member States to store additional data, after consulting the Commission, provided that it does not in any way interfere with the application of the Directive.
Nevertheless, an amendment is introduced in order to make the provisions more flexible so as to allow Member States to store additional data, after consulting the Commission, provided that it does not in any way interfere with the application of the directive.
(ii) Withdrawal of the Paper model - Introduction of the Credit Card model
(ii) Withdrawal of the Paper model - Introduction of the Credit Card model
The Commission points out in its justification, that there are currently some 80 different models of driving licence circulating in the Member States.
The Commission points out in its justification that there are currently some 80 different models of driving licence circulating in the Member States.
Since enlargement, this figure has risen to 110.
Since enlargement, this figure has risen to 110.
Incredibly therefore, there is no proposal to oblige the exchange of those older driving licence types already in circulation.
Incredibly therefore, there is no proposal to oblige the exchange of those older driving licence types already in circulation.
The immediate net result of this Directive would thus be 111 different models of driving licence and a transition period of over 50 years.
The immediate net result of this Directive would thus be 111 different models of driving licence and a transition period of over 50 years.
This is clearly unacceptable.
This is clearly unacceptable.
The benefits of a single EU model are obvious.
The benefits of a single EU model are obvious.
Not only would enforcement be enhanced and, for the first time, Europe-wide driving licence checks become possible in practice, but road safety would also be improved as it would be impossible for banned drivers to obtain duplicate licences in other Member States.
Not only would enforcement be enhanced and, for the first time, Europe-wide driving licence checks become possible in practice, but road safety would also be improved as it would be impossible for banned drivers to obtain duplicate licences in other Member States.
Furthermore, costs would be relatively limited compared to other motoring related expenditure such as insurance, fuel, and road tax.
Furthermore, costs would be relatively limited compared to other motoring-related expenditure such as insurance, fuel, and road tax.
Finally this would remove a particularly discriminatory aspect of the present situation whereby different periods of validity apply to different models in various Member States.
Finally this would remove a particularly discriminatory aspect of the present situation whereby different periods of validity apply to different models in various Member States.
However, it has become equally obvious that the withdrawal of older driving licence models is a particularly sensitive issue in several Member States and more particularly in those where a licence has had unlimited administrative validity.
However, it has become equally obvious that the withdrawal of older driving licence models is a particularly sensitive issue in several Member States and more particularly in those where a licence has had unlimited administrative validity.
Your rapporteur considers, therefore, that however practically desirable, an amendment to rapidly replace all existing models is not, at this time, politically viable.
Your rapporteur considers, therefore, that however practically desirable, an amendment to rapidly replace all existing models is not, at this time, politically viable.
Nevertheless, in support of its measures combating fraud, the Commission cites the use of the driving licence as a means of identification and its possible use for opening bank accounts and booking flights.
Nevertheless, in support of its measures combating fraud, the Commission cites the use of the driving licence as a means of identification and its possible use for opening bank accounts and booking flights.
It argues effectively that particularly in the post 9/11 environment, anti-fraud protection has become increasingly important and a growing concern.
It argues effectively that particularly in the post-9/11 environment, anti-fraud protection has become increasingly important and a growing concern.
It therefore seems reasonable, that if only as an anti-fraud measure, the paper Community driving licence model should therefore be phased-out within 10 years and the only European driving licence model to be issued should be a plastic "credit " card type, already used in some EU-countries.
It therefore seems reasonable that, if only as an anti-fraud measure, the paper Community driving licence model should therefore be phased out within 10 years and the only European driving licence model to be issued should be a plastic 'credit' card type, already used in some EU countries.
This would at least allow Member States to obtain an up-to-date register of the driving licences issued in their territory, which, currently, is not always possible given the various systems for issuing paper models.
This would at least allow Member States to obtain an up-to-date register of the driving licences issued in their territory, which, currently, is not always possible given the various systems for issuing paper models.
This would at the same time facilitate the accurate exchange of information under the driving licence network described below.
This would at the same time facilitate the accurate exchange of information under the driving licence network described below.
These plastic models can then be brought into conformity with the single European model over a further period of 10 years.
These plastic models can then be brought into conformity with the single European model over a further period of 10 years.
In this context, it is important to stress that the right to drive certain classes of vehicle is not affected by this amendment.
In this context, it is important to stress that the right to drive certain classes of vehicle is not affected by this amendment.
(iii) Driving Licence Network
(iii) Driving Licence Network
At the present time the mechanics for the issue of driving licences differs in the various Member States.
At the present time the mechanics for the issue of driving licences differ in the various Member States.
In some it is handled centrally, in others it is organised on a regional basis.
In some it is handled centrally, in others it is organised on a regional basis.
This is and should remain a matter of subsidiarity.
This is and should remain a matter of subsidiarity.
Nevertheless, in order to combat fraud and to facilitate checks, the rapporteur considers that it is important that there should be a single focal point for access to driving licence information in each Member State, amounting in effect to a “driving licence network”.
Nevertheless, in order to combat fraud and to facilitate checks, the rapporteur considers that it is important that there should be a single focal point for access to driving licence information in each Member State, amounting in effect to a 'driving licence network'.
The establishment of such a network has been agreed under comitology procedure.
The establishment of such a network has been agreed under comitology procedure.
An appropriate amendment is presented to ensure that it is consulted.
An appropriate amendment is presented to ensure that it is consulted.
(Amendment to Art. 8.5& Art. 16)
(Amendment to Art. 8(5) and Art. 16).
(iv) Mutual recognition of Sanctions
(iv) Mutual Recognition of Sanctions
In accordance with the spirit of the Geneva
In accordance with the spirit of the Geneva
op. cit. and Vienna
op. cit. and Vienna
op. cit. agreements, the proposal tackles, in Article 8.5, the issue of mutual recognition of sanctions so as to ensure that a driving ban in one Member State is a ban in all.
op. cit. agreements, the proposal tackles, in Article 8(5), the issue of mutual recognition of sanctions so as to ensure that a driving ban in one Member State is a ban in all.
However, this needs to be strengthened and therefore the rapporteur has tabled an amendment to oblige the Member States to recognise any restrictions, suspension or withdrawal imposed by another Member State and to refuse recognition of the validity of licences that are subject to such measures
However, this needs to be strengthened and therefore the rapporteur has tabled an amendment to oblige the Member States to recognise any restrictions, suspension or withdrawal imposed by another Member State and to refuse recognition of the validity of licences that are subject to such measures
It is also necessary to rephrase this article, for legal reasons pertaining to the “Third Pillar” on justice and home affairs.
It is also necessary to rephrase this article, for legal reasons pertaining to the 'third pillar' on justice and home affairs.
) (Amendment to Art. 12.4).
) (Amendment to Art. 12(4)).
Promoting Road Safety
Promoting Road Safety
(i) Categories of Vehicle
(i) Categories of Vehicle
The Commission must also continuously check on the appropriateness of the technical definitions of the various categories and where necessary propose safety-related changes such as additional power to weight restrictions.
The Commission must also continuously check on the appropriateness of the technical definitions of the various categories and where necessary propose safety-related changes such as additional power to weight restrictions.
It should also closely monitor, in particular, categories AM, A1 and A2 so as to ensure that the spirit of the Directive is being adhered to and that the set limits are not easily circumvented.
It should also closely monitor, in particular, categories AM, A1 and A2 so as to ensure that the spirit of the directive is being adhered to and that the set limits are not easily circumvented.
In this respect, the new criteria to avoid “downtuning” are welcome, but constant monitoring will be required if the legislation is to work in practice.
In this respect, the new criteria to avoid 'downtuning' are welcome, but constant monitoring will be required if the legislation is to work in practice.
At the same time and following wide consultations with interested parties representing manufacturers and road users, amendments are introduced in order to adapt the technical definitions of certain categories.
At the same time and following wide consultations with interested parties representing manufacturers and road users, amendments are introduced in order to adapt the technical definitions of certain categories.
In so doing, it is hoped that the various anomalies which have come to light in the existing proposal will be removed.
In so doing, it is hoped that the various anomalies which have come to light in the existing proposal will be removed.
In particular and inter alia , future category B licence holders would be allowed for non-commercial activities to use their motor vehicles to tow trailers (or caravans) up to a combined mass of 3500 kg without having to pass an additional exam.
In particular and inter alia , future category B licence holders would be allowed for non-commercial activities to use their motor vehicles to tow trailers (or caravans) up to a combined mass of 3 500 kg without having to pass an additional exam.
Moreover, if a driver follows a voluntary training course without an exam this limit is raised to 4250kg for both trailer combinations and motor homes.
Moreover, if a driver follows a voluntary training course without an exam this limit is raised to 4 250 kg for both trailer combinations and motor homes.
A permitted useful load limit of 1000kg for motor homes is also added to ensure that the rules preventing commercial use are not breached.
A permitted useful load limit of 1 000 kg for motor homes is also added to ensure that the rules preventing commercial use are not breached.
(New point 95 a (new) & 95 b (new) Annex I, Specifications for driver training are laid down in Annexes VI a (new) & b (new))
(New point 95a (new) and 95b (new), Annex I. Specifications for driver training are laid down in Annexes VIa (new) and VIb (new).
For Category B+E, vehicles in category B will be able to tow trailers where the maximum authorised mass of the trailer does not exceed 3500kg.
For category B+E, vehicles in category B will be able to tow trailers where the maximum authorised mass of the trailer does not exceed 3 500kg.
(Amendment to Art. 4.1 to category B+E)
(Amendment to Art. 4(1), category B+E).
The question of the four- and three-wheelers was solved by giving access to these vehicles as well with an "A" as with a "B" category licence.
The question of the four- and three-wheelers was solved by giving access to these vehicles as well with an 'A' as with a 'B' category licence.
The amendments introduce here also the step-up approach.
The amendments introduce here also the step-up approach.
(Amendments to Art. 4.1 to categories AM, A1, A2, A, B1 and B).
(Amendments to Art. 4(1), to categories AM, A1, A2, A, B1 and B).
(ii) Age limits & Progressive Access - "The Step-Up Approach"
(ii) Age limits and Progressive Access - 'The Step-Up Approach'
Age limits for different subcategories of vehicles and a system that rewards specific practice and experience rather than relying on testing alone must be considered an improvement in terms of the promotion of road safety.
Age limits for different subcategories of vehicles and a system that rewards specific practice and experience rather than relying on testing alone must be considered an improvement in terms of the promotion of road safety.
In particular the introduction of new AM, A1 and A2 categories is to be welcomed.
In particular the introduction of new AM, A1 and A2 categories is to be welcomed.
Nevertheless, the whole question of age limits remains a sensitive matter.
Nevertheless, the whole question of age limits remains a sensitive matter.
It would be unrealistic to deny the extent and depth of national traditions tied up with these issues.
It would be unrealistic to deny the extent and depth of national traditions tied up with these issues.
Based purely on the statistics, road safety would best be served by banning all young people from driving motor vehicles until well into their 20s.
Based purely on the statistics, road safety would best be served by banning all young people from driving motor vehicles until well into their 20s.
This would clearly be unfair and impracticable.
This would clearly be unfair and impracticable.
Nevertheless, the Commission must continue to monitor closely the application of age limits and derogations to them in the Member States and where appropriate make proposals to adapt them in the light of new circumstances.
Nevertheless, the Commission must continue to monitor closely the application of age limits and derogations to them in the Member States and where appropriate make proposals to adapt them in the light of new circumstances.
The proposed amendment represents therefore a compromise.
The proposed amendment represents therefore a compromise.
With regard to motorcycles, a "step-up" approach is adopted which, for safety reasons, encourages young people to gain experience on smaller motorcycles before moving on to more powerful machines.
With regard to motorcycles, a 'step-up' approach is adopted which, for safety reasons, encourages young people to gain experience on smaller motorcycles before moving on to more powerful machines.
Member States will be able to raise the specified age limits provided that there is at least a two-year gap between the minimum age for A1 and the minimum age for A2.
Member States will be able to raise the specified age limits provided that there is at least a two-year gap between the minimum age for A1 and the minimum age for A2.
The issue of a Class A licence would depend on at least three years experience on an A2 machine or at least a six year gap between the minimum age for A2 and the minimum age for A. The minimum age for a Class A licence without previous experience could not be more than 26.
The issue of a class A licence would depend on at least three years' experience on an A2 machine or at least a six-year gap between the minimum age for A2 and the minimum age for A. The minimum age for a class A licence without previous experience could not be more than 26.
Thus for example, if the minimum age for A1 is 16 and A2 18, a rider with A2 experience could obtain a full A licence at 21.
Thus for example, if the minimum age for A1 is 16 and A2 18, a rider with A2 experience could obtain a full A licence at 21.
Such an approach safeguards the principle of subsidiarity in allowing Member States the freedom to decide limits according to their national traditions or in order to enhance road safety, but at the same time ensures that young people have an interest in gaining practical experience if they wish to advance rapidly to the most powerful motorcycles.
Such an approach safeguards the principle of subsidiarity in allowing Member States the freedom to decide limits according to their national traditions or in order to enhance road safety, but at the same time ensures that young people have an interest in gaining practical experience if they wish to advance rapidly to the most powerful motorcycles.
In order to make the "step-up" approach for motorcyclists even more attractive, unnecessary retesting for drivers who apply for the next category has been avoided and replaced by a training which will ensure that the driver is really prepared for the more powerful machines.
In order to make the 'step-up' approach for motorcyclists even more attractive, unnecessary retesting for drivers who apply for the next category has been avoided and replaced by a training which will ensure that the driver is really prepared for the more powerful machines.
(Amendment to Art. 8 para 1)
(Amendment to Art. 8, para.
Several changes are proposed to Article 8 in order to make the provisions more logical and flexible.
Several changes are proposed to Article 8 in order to make the provisions more logical and flexible.
These include a provision to allow Member States to restrict first licences of Classes C and D to three years (as is the case for Classes A and B).
These include a provision to allow Member States to restrict first licences of classes C and D to three years (as is the case for classes A and B).
Secondly, the absolute obligation to reduce the validity of Class A and B licences issued to people over 65 to five years is removed as is the limit of one year on Class C and D licences for the same age group.
Secondly, the absolute obligation to reduce the validity of class A and B licences issued to people over 65 to five years is removed, as is the limit of one year on class C and D licences for the same age group.
Thirdly, any defects which occur in a microprocessor contained in a licence should not affect the validity of the licence itself.
Thirdly, any defects which occur in a microprocessor contained in a licence should not affect the validity of the licence itself.
(Amendments to Art.8.2)
(Amendments to Art.8(2))
In drafting this second report, your rapporteur has tried to take account of the views of as many colleagues and other interested parties as possible.
In drafting this second report, your rapporteur has tried to take account of the views of as many colleagues and other interested parties as possible.