20 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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| Department | Transport |
| Basis of consideration | SEM of 23 December 2004
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| Previous Committee Report | HC 42-xxvii (2003-04), para 1 (14 July 2004)
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| To be discussed in Council | Not known
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| Committee's assessment | Politically important
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| Outcome of scrutiny | Cleared by resolution of the House of 14 September 2004
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Background
20.1 The Commission has proposed a "recasting"[67]
of Community legislation relating to driving licences. Its 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 (but not
of the underlying entitlement to drive);
- 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is withdrawn by his or her home Member State (to combat driving
licence tourism);[68]
and
- 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.
20.2 We first considered this proposal in February
2004 and said it could have a significant effect on the content
and provision of licences for UK drivers. We noted that, although
the Government supported in principle elements of the proposal,
it had considerable reservations on points of substance, the financial
implications and subsidiarity. We concluded that before considering
the matter further we wished to hear about the outcome of the
consultation exercise the Department was undertaking and about
the Government's emerging negotiating objectives.[69]
In July 2004, we considered a letter from the Parliamentary Under-Secretary
of State, Department of Transport (Mr David Jamieson) which covered
his Department's summary of the outcome of its consultations and
his Department's partial Regulatory Impact Assessment, which gave
an indication of the Government's negotiating objectives. On the
basis of this information we recommended the document for debate
in European Standing Committee A, and the debate took place on
13 September.[70]
The supplementary Explanatory Memorandum
20.3 In his supplementary Explanatory Memorandum
the Minister informs us of progress on the draft Directive. He
says:
"As outlined in EM 15820/03 submitted
by the Department for Transport on 23 January 2004,[71]
there were a number of aspects of the Commission's original proposal
that the Government felt were counter to the interests of the
UK and others. This assessment was confirmed by analysis of responses
to the consultation exercise on the proposals, carried out by
the Department between February and April 2004.
"Following negotiations in its official
working group, the Transport Council reached a General Approach
on the proposed Directive at its meeting on 7 October 2004. Partly
as a result of the strong representations which the UK has made
throughout negotiations, many of our key objectives are reflected
In the General Approach. The General Approach differs substantially
from the Commission's original proposal.
"In particular, many of the Commission's
less justifiable changes to vehicle categories have been omitted
or amended, either to align with existing practice or to address
a real road-safety concern.
"The General Approach would allow Member
States to implement the new measures in ways which are more suited
to their own national conditions. In particular, there is nothing
in the General Approach that would oblige the UK to amend its
existing medical checking procedures.
"The General Approach, in addressing
driving examiner training and testing, concentrates on examiner
competences rather than on the duration of training prescribed
in the Commission's proposal.
"Nevertheless, there are some aspects
of the General Approach which would yet benefit from improvement.
— Whilst we support the inclusion
of mopeds In the driving licensing system, we feel that for road
safety reasons, a practical test should be a minimum requirement
for all new riders in the EU. Mopeds could also be better defined
so as to include all relevant vehicles.
— We also feel that a more coherent
approach on motorcycles would be beneficial. The motorcycle category
definitions need to be made more relevant to actual vehicles on
the roads, and the staging arrangements could better encourage
riders to gain the necessary skills and experience.
"A further issue that has emerged in
negotiations is that some Member States seek the withdrawal of
old model paper licences. The General Approach would not oblige
this, but the issue is likely to resurface in future discussions.
The UK is neutral about this. We see the security advantages of
withdrawal of old model licences, but appreciate that there would
be significant costs for some Member States, especially those
which offer lifetime driving entitlement. The General Approach
would protect existing drivers' entitlements so that they would
not be adversely affected by any future decision to withdraw old
model licences: this may help to secure agreement on the issue,
as and if it arises in future discussions."
20.4 The Minister also gives us a revised partial
Regulatory Impact Assessment which notes improvements secured
in the General Approach and sets out the hoped for benefits of
the revised proposal, but notes that there are still some potential
costs which might outweigh the relevant benefits.
20.5 The Minister tells us that the European Parliament
is expected to have its first reading of the proposal between
22 and 24 February 2005. Council and European Parliament agreement
on a final text is unlikely to allow formal publication of a Directive
until late 2005 at the earliest. Member States would then have
four years to transpose the Directive into law and a further two
years to implement it. This implies a date of 2011 for the provisions
to come into effect.
Conclusion
20.6 We are grateful to the Minister for this
report on progress on this important measure.
67 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
68
Driving licence tourism is the practice by which a driver disqualified
in one Member State may establish usual residence in another,
then be issued with a licence in his new state of normal residence.
Back
69
See HC 42-ix (2003-04), para 10 (4 February 2004). Back
70
See headnote and Stg Co Deb, European Standing Committee
A, 13 September 2004, cols 3-20. Back
71
See HC 42-ix (2003-04), para 10 (4 February 2004). Back
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