WRITTEN QUESTION No. 267/99 by Florus WIJSENBEEK Competition between authorities issuing driving licences - Reminder of Written Question E-2907/98
21. 12. 1999 EN Official Journal of the European Communities C 370/27 (1999/C 370/035) WRITTEN QUESTION E-0267/99 by Florus Wijsenbeek (ELDR) to the Commission (17 February 1999) Subject: Competition between authorities issuing driving licences Reminder of Written Question E-2907/98 Can the Commission indicate what progress it has made in collecting the information it needs to answer my Written Question E-2907/98 (1) on competition as regards authorities issuing driving licences? How much time does the Commission estimate it will take before it is in a position to answer the Question referred to above? (1) OJ C 96, 8. 4. 1999, p. 153. Answer given by Mr Kinnock on behalf of the Commission (3 May 1999) Following the Commission’s reply to the Honourable Member’s Written Question E-2907/98 (1), the Commission has made enquiries of Member States about their respective arrangements. The Commission has received answers from 12 Member States. Annex II point 11 of Council Directive 91/439/EEC of 29 July 1991 on driving licences (2) points out that driving examiners must be monitored and supervised by a body authorised by the Member State. The Commission concludes from the answers received so far that the arrangements in Member States relating to designation of authorities responsible for the organisation of driving tests is as follows. In Belgium, Germany, the Netherlands, Portugal and Finland, private organisations are entrusted by law with this public task. In Belgium and Germany, there are several authorities responsible for carrying out driving tests. Each of these organisations is responsible for the organisation of driving tests in a specific region. In Portugal and Finland, the designated organisations (the Directorate general for road transport (P) and the Vehicle administration centre (FIN)), may conclude contracts with service providers for carrying out driving tests in specific geographical areas. They are chosen on the basis of open call for tender. In the United Kingdom, the logistic organisation of the theory test has been contracted out on basis of an open call for tender. There are different procedures in each Member State relating to the appeals against decisions taken by the authorities responsible for issuing driving licences. According to the information provided by the Member States, the general rule is to appeal against the decision to an administrative or civil court (D, F, IRL, NL, FIN, UK). In some Member States, it is necessary to notify or to appeal to the driving licences authorities before appealing to a court (NL, FIN). In other Member States, a person will have to address a higher (GR) or different (P) testing authority for passing another driving test. In Belgium, a special commission of independent senior officials deals with appeals. In Spain, Italy and Luxembourg, the official procedures consist of an appeal directed at the highest authorities of the responsible government organisation. The Member States which have replied so far indicated that only appointed bodies are authorised to organise driving tests. (1) OJ C 96, 8. 4. 1999, p. 153. (2) OJ L 237, 24. 8. 1991