Eleventh Report of Session 2019–21 Contents

4Driver licensing changes25

This EU document is legally important because:

  • it will require transposition in the UK before the end of the transition period (as established under the UK/EU Withdrawal Agreement).

Action

  • To write to the responsible Minister, Kelly Tolhurst MP, requesting information on the Government’s plans for the transposition of the Commission Directive under scrutiny.

Overview

4.1The proposal under scrutiny, a Commission Directive, was adopted on 4 May 2020.26 All Member States, including the UK, supported its presentation to the European Parliament and Council on 17 December 2019 under the pre-Lisbon processes known as “the Regulatory Procedure with Scrutiny”.27 Neither the Parliament nor the Council objected to the terms of the Commission Directive and it was adopted unopposed.

4.2The Commission Directive will become applicable in Member States from 1 November 2020 and therefore, as per the UK/EU Withdrawal Agreement, it will have to be given legal effect in the UK from the same date i.e. before the end of the transition period.

4.3The Commission Directive makes minor technical changes to Directive 2006/126/EC on driver licences.28 The Driver Licensing Directive establishes the model for driver licences in the EU and sets-out common standards for testing. These standards include the specification of vehicle categories, the minimum ages for licence acquisition, and staging requirement (the order in which tests must be taken).

4.4Owing to previous updates to the Directive, anomalies now exist relating to licence upgrade rules that require amendment. The Commission Directive will allow Member States to remove recorded licence restrictions for vehicles with automatic transmissions under categories BE, C1, C1E, D1 and D1E for applicants who have obtained a licence on a vehicle with a manual transmission in at least categories B, BE, C, CE, C1, C1E, D, DE, D1 or D1E.29 If taken-up, this change will allow drivers to attend tests in a wider range of vehicles and will allow those holding certain licences to drive vehicles with different transmission mechanisms.

4.5The Commission Directive will also change the minimum test vehicle requirements for motorcycle category A2. At present, candidates taking an A2 motorcycle test must do so on a motorcycle with a cylinder capacity, if powered by an internal combustion engine, of at least 395 cubic centres (cm3 or cc). The Commission Directive will reduce this value to 250cc with a tolerance limit of 5cc (giving a practical limit of 245cc).

The Government’s position

4.6The former Minister with responsibility for the proposal under scrutiny, Baroness Vere of Norbiton, wrote to the Committee by way of Explanatory Memorandum on 10 February 2020.30 The former Minister welcomed the proposal—and the two main changes that it suggested to the EU’s driver licensing framework—and argued that it would be beneficial for UK-based stakeholders.

4.7The Committee notes the wording of amended Annex II to Directive 2006/126/EC, as introduced by the Commission Directive, that “Member States may decide that no restriction to vehicles with automatic transmission shall be recorded…”. Although the former Minister welcomes the Commission Directive and the changes that it will introduce, she does not indicate whether the Government will take-up the option to decide not to record restrictions on driving licences for vehicles with an automatic transmission in categories BE, C, CE, C1, C1E, D, DE, D1 or D1E vehicles, when an applicant already holds a driving licence obtained on a vehicle with a manual transmission in categories B, BE, C, CE, C1, C1E, D, DE, D1 or D1E.

Action

4.8The Committee has written to the responsible Minister, Kelly Tolhurst MP, requesting information on the Government’s plans for the transposition of the Commission Directive, in particular, whether the Government will make use of the option to decide that restrictions to vehicles with an automatic transmission need no longer be recorded on driving licences—for the categories of vehicle listed in the Commission Directive—when an applicant already holds a driving licence obtained on a vehicle with a manual transmission (for covered categories).

Letter from the Chair to the Parliamentary Under-Secretary (Kelly Tolhurst MP), Department for Transport

The Committee has asked me to thank you for your predecessor’s Explanatory Memorandum on the above listed proposal of 10 February 2020.

We note that the proposal was adopted on 4 May 2020 as Commission Directive (EU) 2020/612. The Commission Directive will become applicable in Member States from 1 November 2020 and therefore, as per the UK/EU Withdrawal Agreement, it will have to be given legal effect in the UK from the same date i.e. before the end of the transition period.

We request further information on the Government’s plans for the transposition of the Commission Directive. We are interested, in particular, in whether the Government will make use of the option to decide that restrictions to vehicles with an automatic transmission need no longer be recorded on driving licences—for the categories of vehicle listed in the Commission Directive—when an applicant already holds a driving licence obtained on a vehicle with a manual transmission (for covered categories).

The Committee notes your predecessor’s endorsement of this change.

Annex

Standard categories valid in all EEA Member States (correct as of 10 June 2020)

Class

Description

Mopeds

AM

Two-wheel vehicles or three-wheel vehicles with a maximum design speed of not more than 45 kilometres per hour (28 mph) and with a cylinder capacity not exceeding 50 cubic centimetres (3.1 cu in).

A1

Motorcycles with a cylinder capacity not exceeding 125 cubic centimetres (7.6 cu in) and a power not exceeding 11 kilowatts (15 hp); and motor tricycles with a power not exceeding 15 kilowatts (20 hp).

A2

Motorcycles of a power not exceeding 35 kilowatts (47 hp) and with a power/weight ratio not exceeding 0.2 kilowatts per kilogram (0.12 hp/lb) and not derived from a vehicle of more than double its power.

A

Any motorcycle or motor tricycle not in category A1/A2.

Motor vehicles

B

Motor vehicles with a maximum authorised mass (MAM) not exceeding 3,500 kilograms (7,700 lb) and designed and constructed for the carriage of 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 which does not exceed 750 kilograms (1,650 lb). You can also tow heavier trailers if the total MAM of the vehicle and trailer isn’t more than 3,500 kilograms (7,700 lb).

The limit in the first condition is: 3,500 kilograms (7,700 lb) + 750 kilograms (1,650 lb)= 4,250 kilograms (9,370 lb).

The limit for in the second condition is: 2,500 kilograms (5,500 lb) + 1,000 kilograms (2,200 lb)= 3,500 kilograms (7,700 lb).

BE

Without prejudice to the provisions of type-approval rules for the vehicles concerned, a 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 kilograms (7,700 lb).

B1

Heavy quadracycles.

Large Goods Vehicles

C1

Large goods vehicle with a maximum authorised mass of not more than 7.5 tonnes (7.4 long tons; 8.3 short tons); with or without a trailer with a maximum mass of less than 750 kilograms (1,650 lb).

C1E

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 kilograms (1,650 lb).

C

Large goods vehicle with a maximum authorised mass of more than 3.5 tonnes (3.4 long tons; 3.9 short tons) mass and not more than 8 + 1 seats (lorry); with a trailer with a maximum mass of 750 kilograms (1,650 lb).

CE

Other combinations of vehicles and trailers which with combined maximum authorised mass of more than 750 kilograms (1,650 lb).

Buses

D1

Light buses with a maximum of 16 + 1 seats, maximum length of 8 metres (26 ft).

D1E

Combinations of vehicles where the tractor vehicle is in category D1 and its trailer has a maximum authorised mass of over 750 kilograms (1,650 lb).

D

Vehicles with more than 8 + 1 seats (buses).

DE

Combinations of vehicles where the tractor vehicle is in category D and its trailer has a maximum authorised mass of over 750 kilograms (1,650 lb).


25 Proposal for a Commission Directive (EU) .../… of XXX amending Directive 2006/126/EC of the European Parliament and of the Council on driving licences; Council and COM number; 5166/20 + ADD 1 and Unnumbered; Legal base; Article 8 of Directive 2006/126/EC, special legislative procedure, majority voting in the European Parliament and QMV in the Council; Dept; Transport; Devolved Administrations; Consulted; ESC number; 41038.

26 Commission Directive (EU) 2020/612 of 4 May 2020 amending Directive 2006/126/EC of the European Parliament and of the Council on driving licences (Text with EEA relevance).

27 See the formal voting result in the European Commission Comitology Register: COMMISSION DIRECTIVE ../…/EU of XXX amending Directive 2006/126/EC of the European Parliament and of the Council on driving licences [D065262/01]; The Regulatory Procedure with Scrutiny is a process for the modification or adjustment of EU law within ‘Comitology Committees’. This process pre-dates the introduction of delegated and implementing acts and, for pre-Lisbon legislation, is used in the same way: to make minor, often technical, changes to parent EU legislation.

28 Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006 on driving licences (Recast) (Text with EEA relevance).

29 A table outlining these categories in provided in the Annex to this chapter.

30 Explanatory Memorandum from Baroness Vere of Norbiton, 10 February 2020.




Published: 17 June 2020