10 Driving licences
| (25145)
15820/03
COM(03) 621
| Draft Directive on driving licences (Recasting)
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| Legal base | Article 71 EC; co-decision; QMV
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| Document originated | 21 October 2003
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| Deposited in Parliament | 15 December 2003
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| Department | Transport |
| Basis of consideration | EM of 23 January 2004
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| Previous Committee Report | None
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| To be discussed in Council | Not known
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| Committee's assessment | Politically important
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| Committee's decision | Not cleared; further information awaited
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Background
10.1 Community legislation relating to driving licences is in
Council Directive 91/439/EEC as amended.[25]
The legislation is, according to the Commission, "governed
by two main principles: enhancing the free movement of Community
citizens and contributing to an improvement in road safety."
The document
10.2 The Commission propose a "recasting"[26]
of the legislation on driving licences. The draft Directive is
designed to reduce the possibilities of fraud, guarantee the free
movement of citizens and contribute to improved road safety.
Its new or revised provisions would:
- abolish the paper Community driving licence model so that
all new licences would be on plastic photo card;
- allow optional introduction of a microchip into
plastic card licences;
- introduce limited administrative validity, so
requiring periodic administrative renewal of licences;
- require for drivers of medium and heavy goods
vehicles, minibuses, buses and coaches periodic medical examinations
to coincide with administrative renewal and allow Member States
to require the same for other drivers;
- redefine vehicle categories, with a closer alignment
of the main sub-categories as between Member States;
- harmonise minimum ages for drivers;
- harmonise requirements for initial qualification
and periodic re-training of driving examiners;
- prohibit issue by another Member State of a new
driving licence to a person whilst his or her driving licence
is withdrawn by his or her home Member State;
- require evaluation by the Council of some of
the main provisions five years after the date for transposition
by Member States of the new Directive.
10.3 However, it is intended that existing entitlements
to drive will not be affected by these proposals, even though
some of these entitlements might not expire for another 40 or
50 years.
The Government's view
10.4 In his Explanatory Memorandum the Parliamentary
Under-Secretary of State, Department of Transport (Mr David Jamieson)
gives us a detailed analysis of the provisions of the draft Directive
and of their possible effects. More generally he tells us:
"The proposals contain elements which the UK
can support in principle. We are, however, deeply concerned about
some of the Commission's proposals, which we believe do not adequately
reflect the interests of the UK and others. I am keen that we
should undertake a thorough consultation, so that we may listen
to the views of stakeholders in the UK before deciding the strength
of our opposition."
10.5 The Minister also says:
"The European Commission's arguments about the
need to combat fraud are on the whole valid. We are concerned
to combat the increased competence of counterfeiters and fraudsters,
the increased incidence of driving without a valid licence, under-age
driving and impersonations at driving tests. There are also risks
of identity fraud, because of the secondary use made of the driving
licence by private and public sector bodies to help prove identity.
"In principle, we fully support the European
Commission's aspirations to facilitate freedom of movement within
the European Union and to improve road safety. The Government
is strongly committed to improving road safety and we believe
in promoting freedom of movement. Driving licence security and
road safety go hand in hand.
"Nevertheless, when addressing the specific
proposals in detail, the Government will seek to ensure that in
practice the reality matches the aspirations.
— We shall seek to ensure that only those
proposals are adopted whose costs are likely to be commensurate
with their expected benefits.
— We shall take a very sceptical view of
measures resulting in the diminished mobility of all or part of
the population, including at local or national level, or making
it artificially difficult to access employment in remote areas
or in key economic activities. It would be ironic if such effects
were to result from measures designed at European level to facilitate
freedom of movement."
10.6 On the financial implications of the proposal
the Minister tells us:
"There is little apparent scope in these proposals
for savings, except to the extent that the measures may in practice
significantly tighten licence security and reduce fraud, or improve
road safety thereby reducing the number and/or severity of road
accidents. At this stage, these effects are incalculable.
"It is, however, relatively clear that many
of the proposals will have costs.
— The proposed more frequent administrative
renewal of licences to drive medium and heavy goods vehicles,
minibuses, buses or coaches will impose a burden and a cost on
the Driver and Vehicle Licensing Agency and a corresponding burden
on drivers.
— Many of the proposals imply changed administrative
systems, which will create at the least transition costs and in
some instances continuing additional cost to government and ultimately
to the taxpayer or to the user of the services concerned.
— In particular the measures concerning
driving examiners, as proposed, would have enormous cost to the
Driving Standards Agency.
— The changes to categories of vehicle
for which entitlement to drive may be granted and to the minimum
ages for entitlement may well, as the new rules come to bear upon
the actual and prospective holders of new driving licences, give
rise to costs for the trainers and testers, for the road haulage
and passenger transport industries, and even for the vehicle manufacturing
industry."
10.7 The Minister also draws our attention to an
issue of subsidiarity. The Commission claims that its proposal
is wholly consistent with the principle of subsidiarity. But
the Minister says "We believe that it [the Commission] goes
too far in its proposals for the minimum requirements for driving
examiners, and that the route to becoming a driving examiner should
be at the discretion of Member States."
10.8 Finally the Minister says in relation to consultation:
"It is intended as early as practicable in January
2004 to consult fully by arranging at least one meeting with key
stakeholders, by writing to several hundred individuals and bodies
of whose interest we are aware, and by posting the consultation
documents, with an open invitation to respond, on the Department's
web-site. The responses to consultation will be taken into account
in determining the Government's negotiating strategy."
Conclusion
10.9 As the Minister indicates, this draft Directive
could have a significant effect on the content and provision of
licences for UK drivers. We are not prepared to clear the document
yet, and indeed we may wish to recommend it for debate.
10.10 But before considering the matter further
we should like to hear from the Minister both about the outcome
of the consultation exercise and about the Government's emerging
negotiating objectives.
25 OJ No. L 237, 24.8.91, p.1. Directive last amended
by Directive 2003/59/EC, OJ No. L 226, 10.9.2003, p.4. Back
26
Recasting, designed to make Community legislation more accessible
and transparent, incorporates in a single text any proposed substantive
amendments and the unchanged provisions of the existing legislation
(and repeals that legislation). Back
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