Amended proposal for a COUNCIL DIRECTIVE amending Directive 91/439/EEC on driving licences
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 05 11. 1996 COM(96) 556 final 96/0040 (SYN) Amended proposal for a COUNCIL DIRECTIVE amending Directive 91/439/EEC on driving licences (presented by the Commission pursuant to Article 189 a (2) of the EC-Treaty) EXPLANATORY MEMORANDUM A. On 20 February 1996 the Commission submitted to the Council a proposal for a Directive amending Directive 91/439/EEC on driving licences (COM(96) 55 final - SYN 96/0040 ' ). On 24 April 1996 2 the Economic and Social Committee gave a favourable opinion. On 5 September 1996 the European Parliament gave an opinion on the proposal at the first reading. The Commission accepts amendment 1 and takes account, h the amended proposal in the annex, of amendment 5, although it is unable to accept it in full. The Commission has not been able to accept the other amendments tabled by Parliament for the following reasons: the recital concerning the code of conduct does not relate to any of the articles; the recital on setting up a European penalty points driving licence system and that on mutual recognition of decisions to suspend or withdraw driving licences fall outside the proposal remit; introducing a universal code 00, without a definition, would run counter to the proposal's objective which is to define harmonized codes which everyone can easily understand; the obligation to subdivide codes before 31 December 1996 does not correspond to the content of Article 2 of the Commission proposal. According to this provision the task of subdividing codes actually falls on the appropriate committee, which must take scientific and technical progress into consideration; this also applies after 31. 12. 1996; the amendment concerning the committee's composition and working methods is not in line with the provisions of Council Decision 87/373/EEC on committee procedure; the amendment on mutual recognition of decisions to suspend or withdraw driving licences falls outside the proposal remit; the amendment on medical standards for driving falls outside the proposal remit. 1 O J N oC 110, 16. 4. 1996, p. 7. 2 OJ No C 204, 15. 7. 1996, p. 20. B. The Commission thus amends its proposal as follows: Amendment 1: Amendment 2: addition of the words "and sub-codes" addition of the words: 02. / "communication aid" 03. / "for the limbs" 70 and 71. "(ECE/UN symbol of third country)" 79 "Restricted to vehicles meeting the specifications set out in parentheses, with reference to the application of Article 10(1) of Directive 91/439/ECE". Amended proposal for a COUNCIL DIRECTIVE amending Directive 91/439/EEC on driving licences The Commission proposal in document COM(96) 55 final - SYN 96/0040 3 is amended as follows: Text initially proposed by the Amended text Commission (Amendment 1) Recital 3 Whereas the codes applying to the conditions of issue governed by Directive 91/439/EEC are valid throughout the Community; Whereas the codes and sub-codes applying to the conditions of issue governed by Directive 91/439/EEC are valid throughout the Community; 3()J NoC 110, 16. 4. 1996, p. 7. Text initially proposed by the Commission Amended text (Amendment 2) ARTICLE 1 Annex 1. 2, sixth indent and Annex la 2. 12 (Directive 91/439/EEC) - codes 01 to 99 = harmonized Community codes - codes 01 to 99 = harmonized Community codes 01 02 03 04 05 10 15 20 25 30 35 40 42 43 44 45 50 51 55 70 71 72 73 Eyesight correction Hearing aid Prosthesis/Orthosis for the locomotive apparatus Subject to the possession of a valid medical certificate Driving subject to restrictions for medical reasons Modified transmission Modified clutch Modified braking systems Modified accelerator systems Modified combined braking and accelerator systems Modified control layouts Modified steering Modified rear-view mirror(s) Modified driving seat Modifications to motorcycles Motorcycle combinations only Restricted to a specific vehicle/chassis number Restricted to a specific vehicle/registration mark Combinations of vehicle modifications Exchange of licence No. issued by. Duplicate of licence No. Restricted to category-A vehicles having a maximum cylinder capacity of 125 cm3 and a maximum power of 11 kW (Al) 01 02 03 04 05 10 15 20 25 30 35 40 42 43 44 45 50 51 55 70 71 72 Eyesight correction Hearing aid/communication aid Prosthesis/Orthosis for the limbs Subject to the possession of a valid medical certificate Driving subject to restrictions for medical reasons Modified transmission Modified clutch Modified braking systems Modified accelerator systems Modified combined braking and accelerator systems Modified control layouts Modified steering Modified rear-view mirror(s) Modified driving seat Modifications to motorcycles Motorcycle combinations only Restricted to a specific vehicle/chassis number Restricted to a specific vehicle/registration mark Combinations of vehicle modifications Exchange of licence No. issued by. (ECE/UN symbol of third country) Duplicate of licence No. (ECE/UN symbol of third country) Restricted to category-A vehicles having a maximum cylinder capacity of 125 cm3 and a maximum power of 11 kW (Al) Restricted to catcgory-B vehicles of the motor tricycle or quadricyclc type (Bl) 73 Restricted to catcgory-B vehicles of the motor tricycle or quadricyclc type (Bl) 74 75 76 77 78 Restricted to category-C vehicles, the maximum authorized mass of which does not exceed 7 500 kg (C1 ) Restricted to category-D vehicles with not more than 16 passenger seats, excluding that of the driver (Dl) Restricted to category-C vehicles of which the maximum authorized mass does not exceed 7 500 kg (CI), attached to a trailer of which the maximum authorized mass exceeds 750 kg, provided that the maximum mass of the vehicle train thus formed does not exceed 12 000 kg and that the maximum authorized mass of the trailer does not exceed the unladen mass of the drawing vehicle (Cl+E) Restricted to category-D vehicles with not more than 16 passenger seats, excluding that of the driver (Dl), attached to a trailer the maximum authorized mass of which exceeds 750 kg, provided that (a) the maximum authorized mass of the resultant vehicle train does not exceed 12 000 kg and that the maximum authorized mass of the trailer does not exceed the unladen mass of the drawing vehicle and (b) the trailer is not used to carry passengers (Dl+E) Restricted to vehicles with an automatic transmission (Annexes II, 8. 1. 1 Section 2) 74 75 76 77 78 79 Restricted to category-C vehicles, the maximum authorized mass of which does not exceed 7 500 kg (CI) Restricted to category-D vehicles with not more than 16 passenger seats, excluding that of the driver (Dl) Restricted to category-C vehicles of which the maximum authorized mass does not exceed 7 500 kg (CI), attached to a trailer of which the maximum authorized mass exceeds 750 kg, provided that the maximum mass of the vehicle train thus formed does not exceed 12 000 kg and that the maximum authorized mass of the trailer does not exceed the unladen mass of the drawing vehicle (Cl+E) Restricted to category-D vehicles with not more than 16 passenger seats, excluding that of the driver (Dl), attached to a trailer the maximum authorized mass of which exceeds 750 kg, provided that (a) the maximum authorized mass of the resultant vehicle train does not exceed 12 000 kg and that the maximum authorized mass of the trailer does not exceed the unladen mass of the drawing vehicle and (b) the trailer is not used to carry passengers (Dl+E) Restricted to vehicles with an automatic transmission (Annexes II, 8. 1. 1 Section 2) Restricted to vehicles meeting the specifications set out in parentheses, with reference to the application of Article 10(1) of Directive 91/439/EEC If necessary a subdivision of the codes will be defined in line with the provisions of Article 2 of this Directive and more particularly with regard to codes 04, 05, 44 and 55. A subdivision of the codes will be defined by 31 December 1996 in line with the provisions of Article 2 of this Directive and more particularly with regard to codes 04, 05, 44 and 55. The remainder of the text is unchanged. Done at ISSN 0254-1475 COM(96) 556 final DOCUMENTS EN 07 06 Catalogue number : CB-CO-96-560-EN-C ISBN 92-78-10862-6 Office for Official Publications of the European Communities L-2985 Luxembourg ¥