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Dan id-dokument mhux disponibbli bil-lingwa tiegħek. Jekk jogħġbok agħżel verżjoni b'lingwa oħra mit-'toolbar' tal-lingwa.  Indiċi   Preċedenti   Li jmiss   Test sħiħ  Proċedura : 2003/0252(COD) Ċiklu ta' ħajja waqt sessjoni Ċiklu relatat mad-dokument : A6-0016/2005 Testi mressqa : A6-0016/2005 Dibattiti : PV 22/02/2005 - 14 PV 22/02/2005 - 16 Votazzjonijiet : PV 23/02/2005 - 7.6 Testi adottati : P6_TA(2005)0041 Texts adopted  838k  473k Wednesday, 23 February 2005 - Strasbourg Driving licences ***I P6_TA(2005)0041 A6-0016/2005 Resolution   Consolidated text European Parliament legislative resolution on the proposal for a directive of the European Parliament and of the Council on driving licences (COM(2003)0621 – C5-0610/2003 – 2003/0252(COD)) (Codecision procedure: first reading) The European Parliament, –   having regard to the Commission proposal to the European Parliament and the Council (COM(2003)0621)(1), –   having regard to Articles 251(2) and 71(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0610/2003), –   having regard to Rule 51 of its Rules of Procedure, –   having regard to the report of the Committee on Transport and Tourism (A6-0016/2005), 1.  Approves the Commission proposal as amended; 2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text; 3.  Instructs its President to forward its position to the Council and Commission. (1) Not yet published in OJ. Position of the European Parliament adopted at first reading on 23 February 2005 with a view to the adoption of Directive 2005/.../EC of the European Parliament and of the Council on driving licences P6_TC1-COD(2003)0252 THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 71, Having regard to the proposal from the Commission, Having regard to the opinion of the European Economic and Social Committee(1), Acting in accordance with the procedure laid down in Article 251 of the Treaty(2), Whereas: (1)  Council Directive 91/439/EEC of 29 July 1991 on driving licences(3) has been substantially amended several times. When introducing new amendments, it is appropriate to recast the Directive for the sake of clarity. (2)  Despite the progress achieved with harmonising the rules on driving licences, there are still fundamental differences between the laws of the Member States, which need to be harmonised more fully, in order to contribute to the implementation of Community policies. The rules on driving licences are essential factors in the implementation of the common transport policy and with a view to improving road safety, and facilitating the movement of persons taking up residence in a Member State other than the one in which the licence was issued. Given the importance of private transport, the fact of holding a driving licence duly recognised by a host Member State will promote free movement and freedom of establishment of citizens. (3)  The possibility of laying down national provisions with regard to the period of validity provided for in Directive 91/439/EEC leads to the co-existence of different rules in different Member States and over 110 different models of driving licences valid in the Member States. This creates problems of transparency for citizens, police forces and the administrations responsible for the administration of driving licences and leads to the falsification of documents which sometimes date back several decades. (4)  In all Member States the old driving licences should be exchanged to prevent the single European model from becoming an additional European model. A time limit of 10 years should be provided for exchanging the old paper model driving licences, and of 20 years for those in plastic card form. (5)  Existing rights relating to entitlement to drive different classes of vehicle should not be restricted by this exchange of existing driving licences. (6)  The introduction of an administrative period of validity will lead to the regular renewal of driving licences, making it possible to apply the most recent counter-falsification measures, and to apply at the time of periodic renewal the medical examinations or other measures provided for by the Member States, such as courses to update theoretical knowledge or practical skills. (7)  The Member States may impose medical examinations as a guarantee of compliance with the minimum standards of physical and mental aptitude for driving a motor vehicle. Eyesight tests from the age of 45 years, for example, could mean an increase in road safety. (8)  Compliance with minimum standards with regard to physical and mental aptitude for driving a motor vehicle for drivers of vehicles used for the transport of persons or goods in certain categories should be checked in a medical examination when the driving licence is issued, and periodically thereafter, in accordance with the national legislative provisions; it is necessary to harmonise the frequency of medical examinations in order to contribute to the free movement of workers, to avoid distortions of competition and to take into account the liability of drivers of such vehicles. (9)  With regard to minimum ages, it is necessary to strengthen further the principle of progressive access to the categories. For the different categories of two-wheel and three-wheel vehicles, and the different categories of vehicles used for the transport of persons or goods, it is appropriate to vary still further the procedures governing access to the categories of licences. Category B1 should remain optional, with a possibility of derogation as to the minimum age, in order to allow the introduction of progressive access to that category in the future. (10)  The categories should be harmonised in order to strengthen the principle of progressive access. (11)  It should be possible for Member States to amend the minimum age for motor-car and motorcycle classes in order to improve safety or mobility on roads. However, in the case of motorcycle categories, the principle of progressive access must be retained. Careful consideration should be given to the question whether the principle of progressive access should in future be extended to the passenger vehicle sector. (12)  The definitions both of these new categories and of the existing categories should reflect to a greater extent the technical characteristics of the vehicles concerned and the control needed to drive a vehicle. (13)  Introducing a category of driving licences for mopeds will, in particular, increase road safety as regards the youngest drivers who, according to the statistics, are the hardest hit by road accidents. (14)  On road safety grounds, the minimum requirements for the issue of a driving licence should be laid down. (15)  Specific provisions should be adopted to make it easier for physically handicapped persons to drive vehicles. (16)  For reasons connected with road safety and traffic, Member States should as far as possible be required to apply their national provisions on the withdrawal, suspension, restriction and cancellation of driving licences to all licence holders having acquired normal residence in their territory. (17)  The model driving licence as set out in Directive 91/439/EEC should be replaced by a single model in the form of a plastic card. At the same time, this model driving licence needs to be adapted on account of the introduction of a new category of driving licences for mopeds. (18)  The introduction of an optional microchip in the model driving licence in the form of a credit card should enable the Member States to improve still further the level of anti-fraud protection. The technical requirements for the microchip will determined by the Commission, assisted by the committee on driving licences. (19)  The Member States should have the right to store additional information on the microchip, provided this does not impair its proper use. Data protection must be guaranteed in this connection. (20)  Minimum standards concerning access to the profession of examiner and ongoing training should be established, in order to improve the knowledge and skills of examiners, to ensure a more objective evaluation of driving licence applicants, to achieve greater harmonisation of driving examinations, and to reinforce the general principle of mutual recognition of driving licences. (21)  The Commission should be allowed to undertake the adaptation of Annexes I to IV to technical progress. (22)  It is appropriate to take the requisite measures to implement this Directive in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down procedures for the exercise of implementing powers conferred on the Commission(4). (23)  Given that the objectives of the action envisaged cannot be achieved sufficiently by the Member States and may, therefore, on account of their scale and their effects be better achieved at Community level, the Community can take measures in accordance with Article 5 of the Treaty. In accordance with the proportionality principle as set out in that Article, this Directive does not exceed what is necessary to achieve those objectives. (24)  This Directive must not prejudice the obligations of the Member States concerning the deadlines for transposition into national law and application of the Directives listed in Annex VIII, Part B, HAVE ADOPTED THIS DIRECTIVE: Article 1 Model licence 1.  Member States shall introduce a national driving licence based on the Community model described in Annex I, in accordance with the provisions of this Directive. 2.  Member States shall have the right to incorporate in the driving licences which they issue a microchip as soon as the technical requirements are laid down by the Commission in accordance with the procedure provided for in Article 10. The Commission shall ensure that the technical requirements concerning the microchip to be incorporated in the driving licence provide for EC type-approval, which shall only be granted when the ability to resist attempts to tamper with or alter data is demonstrated. 3.  The microchip shall incorporate the harmonised driving licence data listed in Annex I. The Member States may, after consulting the Commission, store additional data on the microchip, provided that this does not lead to the application of this Directive being impaired and provided that the relevant data protection provisions are not breached. The Commission may adapt Annex I in accordance with the procedure set out in Article 9, in order to ensure future interoperability. Article 2 Mutual recognition Driving licences issued by Member States shall be mutually recognised. Article 3 Anti-forgery measures 1.  The emblem on page 1 of the Community model driving licences shall contain the distinguishing sign of the Member State issuing the licence. 2.  Member States shall take all necessary steps to avoid any risk of forgery of driving licences, including that of model driving licences issued before the entry into force of this Directive. They shall inform the Commission thereof. 3.  The material used for the driving licence in accordance with Annex I shall be protected against forgery by means of specifications to be laid down by the Commission in accordance with the procedure set out in Article 10. The Member States may introduce additional security features. 4.  Within ...(5), all driving licences which comply neither with Annex I to this Directive nor with Annex Ia to Directive 91/439/EEC, which was introduced by Directive 96/47/EC, shall be replaced by the model in Annex I to this Directive. Within ...(6)*, all driving licences which do not comply with Annex I to this Directive shall be replaced by the model in Annex I. An authorisation to drive a specific category issued before ...(7)** shall not be withdrawn or in any way restricted on the basis of the provisions of this Directive. Article 4 Categories 1.  The driving licence provided for in Article 1 shall authorise the driving of vehicles in the following categories: Category AM:    – mopeds, namely two- or three-wheel vehicles with a maximum design speed exceeding 6 km/h but not exceeding 45 km/h and characterised by an engine whose cubic capacity does not exceed 50 cubic centimetres in the case of the internal combustion type, or whose maximum continuous rated power is no more than 4 kW in the case of an electric motor. In the case of a three-wheel moped, the maximum net power output of the engine may not exceed 4 kW in the case of other internal combustion engines;    – light motor-powered quadricycles with an unladen mass not exceeding 350 kg, disregarding the mass of the batteries in the case of electric vehicles, with a maximum design speed not exceeding 45 km/h and a cubic capacity not exceeding 50 cubic centimetres in the case of spark-ignition engines or a maximum net power output not exceeding 4 kW in the case of other internal combustion engines or a maximum continuous rated power not exceeding 4 kW in the case of electric motors;    Category A1:    – light motorcycles with a cylinder capacity not exceeding 125 cubic centimetres, of a power not exceeding 11 kW and with a power/weight ratio not exceeding 0.1 kW/kg;    – motor-powered tricycles with a power output not exceeding 15 kW;    Category A2:    – motorcycles, with or without a sidecar, of a power not exceeding 35 kW, a power/weight ratio not exceeding 0.2 kW/kg and not derived from a vehicle of more than double its power;    – motor-powered tricycles with a power output not exceeding 35 kW;    Category A:    – motorcycles, with or without a sidecar;    – motor-powered tricycles with a power output of more than 35 kW;    Category B1:    – motor-powered tricycles with a power output not exceeding 15 kW and motor-powered quadricycles which are not among the light motor-powered quadricycles referred to in the second indent of Category AM, with an unladen mass not exceeding 400 kg (550 kg in the case of vehicles for the transport of goods), disregarding the mass of the batteries in the case of electric vehicles, with a maximum net power output not exceeding 15 kW and a maximum design speed not exceeding 80 km/h;    Category B:    a) motor vehicles:    – with a maximum authorised mass not exceeding 3 500 kg;    – designed and built to transport no more than eight passengers in addition to the driver. Without prejudice to the provisions regarding type-approval of the vehicles concerned, they may be combined with a trailer provided that the maximum authorised mass of the vehicle combination does not exceed 3 500 kg. If the driver has taken part in driver training pursuant to Annex V, without prejudice to the provisions regarding type-approval of the vehicles concerned, they may be combined with a trailer provided that the maximum authorised mass of the vehicle combination does not exceed 4 250 kg and the vehicle combination is not used for commercial purposes; the additional driver training is not mandatory if the weight of the trailer does not exceed 750 kg. If the driver has taken part in driver training pursuant to Annex VI, the maximum authorised mass of the vehicle may be 4 250 kg, provided that it is a motor caravan as defined in Annex II, Part A, point 5.1. to Commission Directive 2001/116/EC of 20 December 2001 adapting to technical progress Council Directive 70/156/EEC on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers(8), the load capacity is not more than 1 000 kg and the vehicle is not used for commercial purposes;    b) motor-powered tricycles with an engine power not exceeding 35 kW;    c) motor-powered tricycles with an engine power in excess of 35 kW, providing the licence holder is at least 21 years old;    Category B + E:    – without prejudice to the provisions regarding type-approval of the vehicles concerned, combination of vehicles consisting of a tractor vehicle in category B and a trailer or semi-trailer where the maximum authorised mass of the trailer or semi-trailer does not exceed 3 500 kg;    Category C 1:    – motor vehicles not coming within categories D1 or D, the maximum authorised mass of which exceeds 3 500 kg but does not exceed 7 500 kg, and designed and built to transport no more than eight passengers in addition to the driver; motor vehicles in this category may be combined with a trailer having a maximum authorised mass not exceeding 750 kg;    Category C 1 + E:    – without prejudice to the provisions regarding type-approval of the vehicles concerned, combinations of vehicles where the tractor vehicle is in category C1 and its trailer or semi-trailer has a maximum authorised mass of over 750 kg, provided that the maximum authorised mass of the combination thus formed does not exceed 12 000 kg;    – without prejudice to the provisions regarding type-approval of the vehicles concerned, combinations of vehicles where the tractor vehicle is in category B and its trailer or semi-trailer has an authorised mass of over 3 500 kg, provided that the authorised mass of the vehicle combination does not exceed 12 000 kg;    Category C:    – motor vehicles not coming within categories D1 or D the maximum authorised mass of which is over 3 500 kg and designed and built to transport no more than eight passengers in addition to the driver; motor vehicles which may be driven with a category C licence in this category may be combined with a trailer having a maximum authorised mass which does not exceed 750 kg;    Category C + E:    – without prejudice to the provisions regarding type-approval of the vehicles concerned, combinations of vehicles where the tractor vehicle is in category C and its trailer or semi-trailer has a maximum authorised mass of over 750 kg;    Category D 1:    – motor vehicles designed and built to transport not more than 16 passengers in addition to the driver and with a maximum length not exceeding eight metres; motor vehicles in this category may be combined with a trailer having a maximum authorised mass not exceeding 750 kg;    Category D 1 + E:    – without prejudice to the provisions regarding type-approval of the vehicles concerned, combinations of vehicles where the tractor vehicle is in category D1 and its trailer has a maximum authorised mass of over 750 kg, provided that the maximum authorised mass of the combination thus formed does not exceed 12 000 kg;    Category D:    – motor vehicles designed and built to transport more than eight passengers in addition to the driver; motor vehicles which may be driven with a Category D licence may be combined with a trailer having a maximum authorised mass which does not exceed 750 kg;    Category D + E:    – without prejudice to the provisions regarding type-approval of the vehicles concerned, combinations of vehicles where the tractor vehicle is in category D and its trailer has a maximum authorised mass of over 750 kg. Except in regular inner-city transport, trailers may not be used to carry passengers.    For the purpose of this Directive:
	a)	"Power-driven vehicle" means any self-propelled vehicle running on a road under its own power, other than a rail-borne vehicle;
	(b)	The term "moped" does not include cycles with pedal assistance;
	c)	"Tricycle" means a vehicle with three symmetrical wheels and an engine with a cubic capacity in excess of 50 c.c. in the case of an internal combustion engine and/or the maximum design speed of which is in excess of 45 km/h;
	(d)	"Motorcycle" means any two-wheel vehicle having a maximum design speed of more than 45 km/h, or if it is fitted with an internal combustion engine having a cubic capacity of more than 50 cm3. The sidecar is assimilated to this type of vehicle;
	(	e) "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;
	(	f) "Agricultural or forestry tractor" means any power-driven vehicle running on wheels or tracks, having at least two axles, the principal function of which lies in its tractive power, which is specially designed to pull, push, carry or operate certain tools, machines or trailers used in connection with agricultural or forestry operations, and the use of which for carrying persons or goods by road or drawing, on the road, vehicles used for the carriage of persons or goods is only a secondary function.

3.  Category B1 shall be optional. In Member States which do not introduce this category of driving licence, a driving licence for category B shall be required to drive such vehicles.

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

Article 5

Conditions - Restrictions

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

2.  If, because of a physical disability, driving is authorised only for certain types of vehicle or for adapted vehicles, the test of skills and behaviour provided for in Article 8 shall be taken in such a vehicle.

Article 6

Equivalences between categories

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

2.  The validity of driving licences shall be determined as follows:

d)   licences issued for category A2 shall also be validated for category A1;

e)   licences issued for categories C+E and D+E shall also be validated for vehicle combinations in categories C1+E and D1+E, respectively;

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

Since this provision applies only on national territory, the Member States shall not indicate on the driving licence that the holder is entitled to drive such vehicles.

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

Article 7

Minimum age

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

2.  Member States may derogate from the minimum age requirements laid down for categories B and B + E and issue such driving licences for such categories from the age of 17 years, and for category B1 and issue this category only from the age of 18. Member States may refuse to recognise the validity on their territory of a driving licence for categories B and B1 if the holder is under 18 years of age.

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

The minimum age for category A without driving practice on a motorcycle belonging to category A2 may not be more than 26.

Member States which raise the minimum age for categories A1, A2 or A shall recognise licences issued by other Member States.

Member States may lower the minimum age for issuing a driving licence for category D1 to 18 years with regard to vehicles used in states of emergency or assigned to rescue missions.

Member States, so long as they require candidates to pass a test of skills and behaviour as a pre-condition to issuing a licence for category AM, may derogate from the minimum age requirements laid down for category A2 and issue licences for this category to persons of 17 years of age and over.

Member States may derogate from the minimum age requirements laid down for motorcycles of category A (other than those for motorcycles of category A1 and for motorcycles of category A2) and may issue such licences to persons of a minimum age of between 21 years and 26 years.

Article 8

Issue – Validity – Renewal

1.  Driving licences shall be issued only to those applicants:

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

As from ...*, licences issued by Member States for categories C, C+E, C1, C1+E, D, D+E, D1, D1+E shall have an administrative validity of 5 years. Member States may limit the period of validity of the first licence issued to novice drivers for categories C and D to 3 years in order to be able to apply specific measures to such drivers, so as to improve their road safety.

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

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

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

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

Member States may limit the periods of validity of driving licences laid down in paragraph 2 in respect of all categories, in individual cases, should they consider more frequent medical examinations or other special measures such as restrictions following traffic offences to be necessary.

Member States may lay down systems for totalising traffic offences ("points systems") entailing restrictions on the period of validity, as specified in paragraph 2, of driving licences in any category. Such systems must be effective, dissuasive, proportional, and regulated according to the professional or personal status of drivers.

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

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

(b)  A Member State shall refuse to issue a licence where it establishes that the applicant already holds a valid driving licence issued by the authorities in another Member State. A Member State may also refuse to issue a driving licence to an applicant who is subject in another Member State to one of the measures referred to in Article 12(2).

(c)  Member States shall take steps in pursuance of subparagraph (b).

The necessary steps as regards the issue, replacement or renewal of a licence shall be to verify with other Member States whether there are reasonable grounds to suspect that the applicant is already the holder of a driving licence.

The necessary steps as regards the exchange of a driving licence issued by another Member State shall be to verify with the Member State which issued the licence whether the applicant is subject to any of the measures referred to in Article 12(2).

(d)  In order to facilitate the international checks pursuant to subparagraph (b), the Commission shall, with the assistance of the Member States, design, implement and operate a network for the international exchange of driving licence data between Member States.

Article 9

Committee

The amendments necessary to adapt Annexes I to VII to scientific and technical progress shall be adopted in accordance with the procedures laid down in Article 10.

Article 10

Committee procedure

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

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

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

3.  The Committee shall adopt its own rules of procedure.

Article 11

Examiners

From the entry into force of this Directive, driving licence examiners shall meet the minimum standards set out in Annex IV. Driving licence examiners already working in that capacity before ...(11) shall be subject only to the requirements concerning quality assurance and regular periodic training measures.

Article 12

Various provisions concerning the recognition of driving licences

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

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

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

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

A Member State shall refuse to issue a driving licence to an applicant whose authorisation to drive in another Member State has been restricted, suspended or withdrawn.

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

A Member State may furthermore refuse to recognise the validity of a driving licence issued by another Member State to a person at a time when that person did not have his residence in the Member State of issue.

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

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

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

Article 13

Normal residence

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

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

Article 14

Equivalences between non-Community model licences

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

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

Article 15

Review

The Commission shall review the Community provisions concerning the categories referred to in Article 4 and the minimum ages laid down in Article 7, and their impact on road safety, as well as the possible introduction of progressive access to category B, including category B1, by ...(12), at the latest.

Article 16

Cooperation between Member States

The Member States shall assist one another in the implementation of this Directive and shall exchange information on the licences they have issued, exchanged or replaced. They shall use the driving licence network established for this purpose as soon as the network is operational.

Article 17

Transposition

1.  The Member States shall adopt and publish, no later than ...(13), the laws, regulations or administrative provisions necessary to comply with Article 1(2), Article 3(2), Article 4(1) to (3), Article 6(2), points (c) and (d), Article 7, Article 8(1) to (3) and (5), Article 11, Articles 16 to 20, and Annexes II, point 5.2 and IV. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

2.  They shall apply those provisions as from ...(14)*.

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

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

5.  Article 2(4) of Directive 91/439/EEC, as amended by Directive 96/47/EC, shall be repealed on the date on which this Directive enters into force.

Article 18

Repeal

Directive 91/439/EEC, as amended by the directives referred to in Annex VIII, Part A, is repealed with effect from ...**, without prejudice to the obligations of the Member States with regard to the time-limits indicated in Annex VIII, Part B for transposing the Directive into national law.

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

Article 19

Entry into force

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

Article 1(1), Article 2, Article 3(1), Article 4(4), Article 5, Article 6(1), (2), points (a) and (b), (3) and (4), Article 8(4), Article 9, Article 10, Articles 12 to 15 and Annexes I, II and III shall apply from ...(15).

Article 20

Addressees

This Directive is addressed to the Member States.

Done at ,

For the European Parliament For the Council

The President The President

ANNEX I

PROVISIONS CONCERNING THE COMMUNITY MODEL DRIVING LICENCE

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

The card shall be made of polycarbonate.

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

2.  Physical security of driving licences.

Overall security depends on the system as a whole, which encompasses the following individual elements: application procedure, transmission of data, material used for the card, printing technique, minimum quantity of different visual features and personalisation.

(a)  The following techniques must be deployed on the material used for driving licences in order to secure it against forgery (mandatory visual features):

(b)  The material used for driving licences must also be additionally protected against forgery by at least three of the following techniques (additional security features):

The Member States may introduce additional security features. As a basis the techniques indicated with an asterisk should be preferred, since they enable the criminal authorities to check the validity of the card without special aids.

3.  The licence shall have two sides.

Permiso de Conducción

Řidičský průkaz 

Kørekort

Führerschein

Juhiluba 

Άδεια Οδήγησης

Driving Licence

Ajokortti

Permis de conduire

Ceadúas Tiomána

Patente di guida

Vadītāja apliecība 

Vairuotojo pažymėjimas 

Vezetői engedély 

Liċenzja tas-Sewqan 

Rijbewijs

Prawo Jazdy

Carta de Condução

Vodičský preukaz

Vozniško dovoljenje 

The codes shall be as follows:

DRIVER (Medical reasons)

01.  Sight correction and/or protection

01.01  Glasses

01.02  Contact lense(s)

01.03  Protective glass

01.04  Opaque lense

01.05  Eye cover

01.06  Glasses or contact lenses

02.  Hearing aid/communication aid

02.01  Hearing aid for one ear

02.02  Hearing aid for two ears

03.  Prosthesis/orthosis for the limbs

03.01  Upper limb prosthesis/orthosis

03.02  Lower limb prosthesis/orthosis

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

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

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

05.03  Driving without passengers

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

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

05.06  Without trailer

05.07  No driving on motorways

05.08  No alcohol

VEHICLE ADAPTATIONS

10.  Modified transmission

10.01  Manual transmission

10.02  Automatic transmission

10.03  Electronically operated transmission

10.04  Adjusted gear-shift lever

10.05  Without secondary gearbox

15.  Modified clutch

15.01  Adjusted gear-shift lever

15.02  Manual clutch

15.03  Automatic clutch

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

20.  Modified braking systems

20.01  Adjusted brake pedal

20.02  Enlarged brake pedal

20.03  Brake pedal suitable for use by left foot

20.04  Brake pedal by sole

20.05  Tilted brake pedal

20.06  Manual (adapted) service brake

20.07  Maximum use of reinforced service brake

20.08  Maximum use of emergency brake integrated in the service brake

20.09  Adjusted parking brake

20.10  Electrically operated parking brake

20.  11 (Adjusted) foot operated parking brake

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

20.13  Brake operated by knee

20.14  Electrically operated service brake

25.  Modified accelerator systems

25.01  Adjusted accelerator pedal

25.02  Accelerator pedal by sole

25.03  Tilted accelerator pedal

25.04  Manual accelerator

25.05  Accelerator at knee

25.06  Servo accelerator (electronic, pneumatic, etc.)

25.07  Accelerator pedal on the left of brake pedal

25.08  Accelerator pedal on the left

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

30.  Modified combined braking and accelerator systems

30.01  Parallel pedals

30.02  Pedals at (or almost at) the same level

30.03  Accelerator and brake with sliding

30.04  Accelerator and brake with sliding and orthesis

30.05  Fold away/detached accelerator and brake pedals

30.06  Raised floor

30.07  Partitioning on the side of the brake pedal

30.08  Partitioning for prosthesis on the side of the brake pedal

30.09  Partitioning in front of the accelerator and brake pedals

30.10  Heel/leg support

30.11  Electrically operated accelerator and brake

35.  Modified control layouts

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

35.01  Control devices operable without negative influence on the steering and handling

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

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

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

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

40.  Modified steering

40.01  Standard assisted steering

40.02  Reinforced assisted steering

40.03  Steering with backup system

40.04  Lengthened steering column

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

40.06  Tilted steering wheel

40.07  Vertical steering wheel

40.08  Horizontal steering wheel

40.09  Foot operated driving

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

40.11  Knob on the steering wheel

40.12  Hand orthesis on the steering wheel

40.13  With orthesis tenodese

42.  Modified rearview mirror(s)

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

42.02  External rear-view mirror set on the wing

42.03  Additional inside rear-view mirror permitting view of traffic

42.04  Panoramic inside rear-view mirror

42.05  Blind spot rear-view mirror

42.06  Electrically operated outside rear-view mirror(s)

43.  Modified driver seat

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

43.02  Driver seat adjusted to body shape

43.03  Driver seat with lateral support for good sitting stability

43.04  Driver seat with armrest

43.05  Lengthening of sliding driver's seat

43.06  Seat-belt adjustment

43.07  Harness-type seat-belt

44.  Modifications to motorcycles (subcode use obligatory)

44.01  Single operated brake

44.  02 (Adjusted) hand operated brake (front wheel)

44.  03 (Adjusted) foot operated brake (back wheel)

44.  04 (Adjusted) accelerator handle

44.  05 (Adjusted) manual transmission and manual clutch

44.  06 (Adjusted) rear-view mirror(s)

44.  07 (Adjusted) commands (direction indicators, braking light, …)

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

45.  Motorcycle with side-car only

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

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

ADMINISTRATIVE MATTERS

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

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

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

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

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

75.  Restricted to category D vehicles with not more than 16 seats, excluding the driver's seat (D1)

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

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

78.  Restricted to vehicles with automatic transmission

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

95.  Driver holding CPA meeting the obligation of professional aptitude provided for by Directive 2003/59/EC until … [e.g.: 1.1.2012]

96.  Drivers having completed a course of instruction pursuant to Annex V authorising them to drive, for non-commercial purposes, a category B vehicle with a trailer with a maximum mass of over 3 500 kg and not exceeding 4 250 kg.

97.  Drivers having completed a course of instruction pursuant to Annex VI authorising them to drive, for non-commercial purposes, a motor caravan as defined in Annex II, Part A, point 5.1. to Directive 2001/116/EC, with a maximum mass of over 3 500 kg and not exceeding 4 250 kg, and a load capacity not exceeding 1 000 kg.

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

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

4.  Special provisions

a)  Where the holder of a driving licence issued by a Member State in accordance with this Annex has his normal place of residence in another Member State, that Member State may enter in the licence such information as is essential for administering it, provided that it also enters this type of information in the licences which it issues and provided that there remains enough space for the purpose.

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

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

COMMUNITY MODEL DRIVING LICENCE

Page 1

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

Page 2

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

SPECIMEN MODEL LICENCE

BELGIAN LICENCE (for information)

ANNEX II

I.  MINIMUM REQUIREMENTS FOR DRIVING TESTS

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

A.  THEORY TEST

1.  Form

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

Any applicant for a licence in one category who has passed a theory test for a licence in a different category may be exempted only from those parts of the programme corresponding to the common provisions of points 2 to 4, without prejudice to the requirement to pass the test.

2.  Content of the theory test concerning all vehicle categories

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

2.1.1.  Road traffic regulations:

2.1.2.  The driver:

2.1.3.  The road:

2.1.4.  Other road users:

2.1.5.  General rules and regulations and other matters:

2.1.6.  Precautions necessary when alighting from the vehicle;

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

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

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

3.  Specific provisions concerning categories A, A2 and A1

3.1.  Compulsory check of general knowledge on:

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

4.1.  Compulsory check of general knowledge on:

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

B.  TEST OF SKILLS AND BEHAVIOUR

5.  The vehicle and its equipment

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

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

In the event of such applicant's subsequently passing a skills test focussing solely on the operation of the transmission of a vehicle with manual transmission, this indication shall be removed.

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

5.2.  The vehicles used in tests of skills and behaviour shall comply with the minimum criteria given below.

Category A1:

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

Category A2:

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

Category A:

Category A motorcycle without sidecar, and an engine power of at least 35 kW

Category B:

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

Category B+E:

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

Category B1:

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

Category C:

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

Category C+E:

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

Category C1:

A subcategory C1 vehicle with a maximum authorised mass of at least 4 000 kg, with a length of at least five metres and capable of a speed of at least 80 km/h; fitted with anti-lock brakes and equipped with recording equipment as defined by Regulation (EEC) No 3821/85; the cargo compartment shall consist of a closed box body which is at least as wide and as high as the cab;

Category C1 + E:

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

Category D:

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

Category D+E:

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

Category D1:

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

Category D1+E:

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

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

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

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

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

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

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

6.3.  Behaviour in traffic

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

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

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

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

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

7.4.  Behaviour in traffic

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

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

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

8.3.  Behaviour in traffic

9.  Marking of the test of skills and behaviour

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

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

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

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

10.  Length of the test

The length of the test and the distance travelled must be sufficient to assess the skills and behaviour laid down in paragraph B of this Annex. In no circumstances should the time spent driving on the road be less than 25 minutes for categories A, A2, A1, B, B1 and B+E and 45 minutes for the other categories. This does not include the reception of the applicant, the preparation of the vehicle, the technical check of the vehicle with a bearing on road safety, the special manoeuvres and the announcement of the outcome of the practical test.

11.  Location of the test

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

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

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

ANNEX III

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

DEFINITIONS

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

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

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

MEDICAL EXAMINATIONS

3.  Group 1:

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

4.  Group 2:

Applicants shall undergo a medical examination before a driving licence is first issued to them and thereafter drivers shall undergo such periodic examinations as may be provided for in the national legislation of their Member State of legal residence whenever their driving licence is renewed.

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

SIGHT

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

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

Group 1:

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

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

Group 2:

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

HEARING

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

PERSONS WITH A LOCOMOTOR DISABILITY

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

Group 1:

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

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

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

Group 2:

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

CARDIOVASCULAR DISEASES

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

Group 1:

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

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

9.3.  Generally speaking, a driving licence shall not be issued to or renewed for applicants or drivers suffering from angina during rest or emotion. The issuing or renewal of a driving licence to any applicant or driver having suffered myocardial infarction shall be subject to authorised medical opinion and, if necessary, regular medical check-ups.

Group 2:

9.4.  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.

DIABETES MELLITUS

10.  Driving licences may be issued to, or renewed for, applicants or drivers suffering from diabetes mellitus, provided that the driver is non-insulin dependent or in cases where the driver is insulin dependent (type 1), subject to a medical authorisation.

Group 2:

10.1.  Driving licences may be issued to, or renewed for, applicants or drivers in this group suffering from diabetes mellitus and requiring insulin treatment, where duly justified by authorised medical opinion. It shall be incumbent on drivers to notify the relevant national authorities of any changes to their condition.

NEUROLOGICAL DISEASES

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

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

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

Group 1:

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

During this process, the patient shall have the right to be represented by the medical practitioner of his or her choice.

Group 2:

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

MENTAL DISORDERS

Group 1:

13.1.  Driving licences shall not be issued to, or renewed for, applicants or drivers who suffer from:

Group 2:

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

ALCOHOL

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

Group 1:

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

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

Group 2:

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

DRUGS AND MEDICINAL PRODUCTS

15.  Abuse:

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

Regular use:

Group 1:

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

Group 2:

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

RENAL DISORDERS

Group 1:

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

Group 2:

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

MISCELLANEOUS PROVISIONS

Group 1:

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

Group 2:

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

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

ANNEX IV

INITIAL QUALIFICATION AND PERIODICAL TRAINING OF DRIVING LICENCE EXAMINERS

Minimum requirements to be met by persons conducting practical driving licence examinations

1.  Qualifications required for driving licence examiners

1.1.  A person entitled to assess an applicant's practical driving performance in a vehicle must have the knowledge and skills needed to cover the subjects listed in points 1.2 to 1.6 as well as having the necessary understanding.

1.2.  A driving licence examiner must be so qualified as to be able to assess the driving performance of an applicant seeking to obtain a driving licence for the category covered by the driving test.

1.3.  Knowledge and understanding as regards driving and assessment:

1.4.  Assessment skills:

1.5.  Personal driving skills

A person licensed to conduct a practical driving licence examination for a given category must be capable of driving vehicles in that category to a consistently high standard.

1.6.  Quality of service

1.7.  Knowledge of vehicle mechanics and physics

1.8.  Economical and environment-friendly driving.

2.  General conditions

2.1.  A category B driving licence examiner

2.2.  A driving licence examiner for the other categories

2.3.  Equivalences

2.3.1.  Member States may permit an examiner to conduct category AM, A1, A2, and A driving tests if he has obtained the initial qualification required for those categories in accordance with point 3.

2.3.2.  Member States may permit an examiner to conduct category C1, C, D1, and D driving tests if he has obtained the initial qualification required for those categories in accordance with point 3.

2.3.3.  Member States may permit an examiner to conduct category BE, C1E, CE, D1E, and DE driving tests if he has obtained the initial qualification required for these categories in accordance with point 3.

3.  Initial qualification

3.1.  Initial training

3.1.1.  Before being allowed to conduct driving tests, a person must have successfully completed a training programme under such rules as the Member State concerned may have laid down, in order thereby to obtain the qualification referred to in point 1.

3.1.2.  Member States must determine whether the content of a given training programme relates to a licence to conduct driving licence examinations in a single category or in several categories.

3.2.  Tests

3.2.1.  Before being allowed to conduct driving tests, a person must prove that he or she has sufficient knowledge, understanding, skills and aptitude to cover all the fields listed in point 1.

3.2.2.  Member States shall lay down a test procedure serving to determine in an appropriate manner from an instructional point of view whether the person concerned has the qualification referred to in point 1 and in particular point 1.4. The test procedure must comprise both a theoretical and a practical component. Computer-assisted forms of assessment shall be permitted where appropriate. The details regarding the nature and duration of individual tests and assessments for test purposes shall be a matter for the discretion of the Member State concerned.

3.2.3.  Member States must determine whether the content of a given test relates to a licence to conduct driving licence examinations in a single category or in several categories.

4.  Quality assurance and periodic further training

4.1.  Quality assurance

4.1.1.  Member States must lay down quality assurance arrangements to enable the standard of the requirements applying to examiners to be maintained.

4.1.2.  Quality assurance arrangements should cover monitoring of the work of examiners, their further training and renewal of their licences, their ongoing professional development, and regular review of the results of the driving tests conducted by them.

4.1.3.  Under the quality assurance arrangements referred to in point 4.1.2 Member States must ensure that every examiner is monitored annually. In addition they must ensure that every examiner is monitored once every five years when conducting driving tests for a total minimum period of half a day, thus enabling several driving tests to be monitored. The monitor must be authorised for that purpose by the Member State concerned.

4.1.4.  If an examiner is licensed to conduct driving tests for more than one category, Member States may stipulate that the respective monitoring requirements applying to several categories will be satisfied if monitoring is carried out for a single category.

4.1.5.  Driving tests must be observed and supervised by an agency authorised to do so by the Member State concerned, so as to ensure that assessments are made properly and in a uniform way.

4.2.  Periodic further training

4.2.2.  Member States shall take the steps required to ensure that examiners who, as a result of the quality assurance system, have been shown to be seriously wanting undergo special further training without delay.

4.2.3.  Periodic further training may take the form of conferences, instruction, or communication of information by traditional or computer-assisted means, and may be provided for individuals or groups. Where Member States think fit, it may cover changes to the requirements laid down.

4.2.4.  If an examiner is licensed to conduct driving tests for more than one category, Member States may stipulate that the respective further training requirements for examiners as regards several categories will be satisfied if the requirements set out in point 4.2.5 have been met.

4.2.5.  If an examiner has not conducted any examinations for a given category in two years, he must be reassessed in an appropriate manner before being allowed to conduct further examinations in the category concerned. The reassessment may be carried out by meeting the requirement laid down in point 4.2.1.

5.  Acquired rights

5.1.  Member States may allow persons who, immediately before these provisions entered into force, became licensed to conduct driving tests to continue to do so, even though they did not obtain their licence in accordance with the general conditions set out in point 2 or the initial qualification procedure set out in point 3.

5.2.  The examiners concerned shall, however, be subject to regular monitoring and the quality assurance arrangements referred to in point 4.

ANNEX V

Driver training (heavy goods vehicles with a trailer)

1.  Users of category B heavy goods vehicles with a trailer, weighing between 3 500 kg and 4 250 kg in all , must undergo driver training.

2.  Driver training shall be carried out by a training institute officially recognised and supervised by the proper authorities of the Member State in which a driver is habitually resident. The remaining points shall be dealt with by the Member State in question.

3.  Content of driver training

ANNEX VI

Driver training (motor caravans)

1.  Users of motor caravans, as defined in Annex II, Part A, point 5.1 to Directive 2001/116/EC, weighing between 3 500 kg and 4 250 kg and with a maximum load not exceeding 1 000 kg, must undergo driver training.

2.  Driver training shall be carried out by a training institute officially recognised and supervised by the proper authorities of the Member State in which a driver is habitually resident. The remaining points shall be dealt with by the Member State in question.

3.  Content of driver training

ANNEX VII

Driver training (motorcycle categories)

1.  Driver training for the passage from one motorcycle category to another.

2.  Driver training shall be carried out by a training institute officially recognised and supervised by the proper authorities of the Member State in which a driver is habitually resident. The remaining points shall be dealt with by the Member State in question.

3.  Content of driver training

ANNEX VIII

Part A

Repealed Directive as successively amended

(referred to in Article 18)

Part B

Deadlines for transposition in national law and for application

(referred to in Article 18)

ANNEX IX

Correlation Table

(1) OJ C, p. . (2) Position of the European Parliament of 23.2.2005. (3) OJ L 237, 24.8.1991, p. 1. Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1). (4) OJ L 184, 17.7.1999, p. 23. (5) * 10 years of the date fixed in Article 17(2). (6) ** 20 years of the date fixed in Article 17(2). (7) *** The date fixed in Article 17(2). (8) OJ L 18, 21.1.2002, p. 1. (9) OJ L 226, 10.9.2003, p. 4. Directive as last amended by Council Directive 2004/66/EC (OJ L 168, 1.5.2004, p. 35). (10) * The date fixed in Article 17(2). (11) * The date fixed in Article 17(2). (12) * Five years after the date fixed in Article 17(2). (13) * Two years after the date fixed in Article 19. (14) ** Two years after the date fixed in Article 17(1). (15) * Two years after the date fixed in Article 19, first paragraph. (16) OJ L 370, 31.12.1985, p. 1. (17) OJ L 370, 31.12.1985, p. 8. (18) OJ L 199, 31.7.1985, p. 56. (19) Directive 91/439/EEC was also amended by the following act which has not been repealed: Act concerning the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden (OJ C 241, 29.8.1994, p. 21).