Activities of Achille VARIATI related to 2023/0053(COD)
Plenary speeches (1)
Driving licences (debate)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on driving licences, amending Directive (EU) 2022/2561 of the European Parliament and of the Council, Regulation (EU) 2018/1724 of the European Parliament and of the Council and repealing Directive 2006/126/EC of the European Parliament and of the Council and Commission Regulation (EU) No 383/2012
Amendments (120)
Amendment 202 #
Proposal for a directive
Recital 4
Recital 4
(4) It should be ensured that personal data processing for the implementation of this Directive complies with the data protection framework of the Union, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council53. and Directive 2002/58/EC of the European Parliament and of the Council53 a. __________________ 53 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (OJ L 119, 4.5.2016, p. 1). 53a Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications)
Amendment 204 #
Proposal for a directive
Recital 5
Recital 5
(5) This Directive establishes a legal basis for the storage of an obligatory set of personal data in the physical driving licences and their microchips or QR codes and the mobile driving licences, for the sole purpose of proving and verifying the person’s right to drive and identity, in order to guarantee a high level of road safety throughout the Union, and in compliance with Article 6(1)(e) and, where applicable, Article 9(2)(g) of Regulation (EU) 2016/679. Such data should be limited to what is necessary to prove a person’s right to drive, identify this person and verify the person’s driving rights and identity. This Directive also provides for additional safeguards to ensure the protection of personal data disclosed during the verification process.
Amendment 206 #
Proposal for a directive
Recital 6
Recital 6
(6) In order to provide for legal clarity and guarantee the seamless transition between this Directive and Directive 2006/126/EC of the European Parliament and of the Council on driving licences54, Member States should be able to store additional personal data on a microchip, if this is provided by national law which complies with Regulation (EU) 2016/679. In any case, any data stored on such a microchip shall only be kept until the end driving licence’s validity period. This Directive does not serve, however, as a legal basis for the inclusion of such additional data. __________________ 54 Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006 on driving licences (OJ L 403, 30.12.2006, p. 18).
Amendment 207 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) The mobile driving licence should ensure the highest level of security for the personal data used for identification and authentication irrespective of whether such data is stored locally, in decentralised ledgers or on cloud-based solutions, and taking into account the different levels of risk. Using biometrics to identify and authenticate should not be a precondition for using the mobile driving licence, notwithstanding the requirement for strong user authentication. Biometric data used for the purpose to authenticate a natural person in the context of this Regulation should not be stored in the cloud without the explicit consent of the user. The use of biometric data should be limited to specific scenarios pursuant to Article 9 of Regulation (EU) 2016/679, and requires organisational and security measures, commensurate to the risk that such processing may entail to the rights and freedoms of natural persons and in accordance with Regulation 2016/679.
Amendment 222 #
Proposal for a directive
Recital 16
Recital 16
(16) The minimum ages of applicants for the different categories of driving licences should be set at Union level. Nevertheless, Member States should be allowed to set a higher age limit for the driving of certain categories of vehicles in order to further promote road safety. Member States should in exceptional circumstances be allowed to set lower age limits in order to take account of national circumstances. In particular, to allow the driving of fire service, civil-protection resources and public order maintenance related vehicles or pilot projects related to new vehicle technologies.
Amendment 228 #
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) Given the increasing availability and use of advanced driver-assistance systems and automated driving systems, requirements concerning such systems need to be added to driver-aptitude tests to ensure the driver is aware of the benefits, limitations and risks associated with automated systems. This must serve to ensure awareness of, in particular, the scope of use of automated driving systems, the existence of requests for action by automated driving systems and the remaining obligations incumbent on the driver when automated driving systems are on.
Amendment 229 #
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) It is important that candidates to hold driving licence in any category follow a compulsory theoretical and practical test with the aim of demonstrating sufficient knowledge and a qualified degree of expertise. Harmonisation among Member States of the minimum requirements for theoretical and practical training set out in Annex VIa, is needed in order to improve road safety at EU level.
Amendment 237 #
Proposal for a directive
Recital 20
Recital 20
(20) In order to ensure uniform rights across the Union, taking into account also considerations of road safety, driving licences of categories AM, A1, A2, A, B1 and B should have an administrative validity of 150 years, while categories C, CE, C1, C1E, D, DE, D1 and D1E shall have an administrative validity of five years. Member States should be allowed to define shorter periods in exceptional cases, as defined by this Directive.
Amendment 238 #
Proposal for a directive
Recital 20
Recital 20
(20) In order to ensure uniform rights across the Union, taking into account also considerations of road safety, driving licences of categories AM, A1, A2, A, B1 and B should have an administrative validity of 150 years, while categories C, CE, C1, C1E, D, DE, D1 and D1E shall have an administrative validity of five years. Member States should be allowed to define shorter period in exceptional cases, as defined by this Directive.
Amendment 239 #
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20a) Refresher courses for experienced drivers can improve road safety by raising awareness and requiring drivers to gain additional experience in new technological solutions such as advanced driver-assistance systems, semi-automated and automated. To this aim, the use of simulators could be key to update skills of experienced drivers. In addition, driving simulators could also recreate adverse conditions and emergency scenarios and consequently improve the driver's ability to respond and make decisions in critical situations.
Amendment 245 #
Proposal for a directive
Recital 28
Recital 28
Amendment 246 #
Proposal for a directive
Recital 28
Recital 28
Amendment 261 #
Proposal for a directive
Recital 31
Recital 31
(31) Minimum standards concerning access to the profession of examiner and examiner training requirements should be established in order to improve the knowledge and skills of examiners including hazard perception training, thereby ensuring a more objective evaluation of driving licence applicants and achieving greater harmonisation of driving tests. The Commission should be empowered, moreover, to adopt delegated acts to amend and adapt those minimum standards to any technical, operational or scientific developments in this field where it becomes necessary.
Amendment 266 #
Proposal for a directive
Recital 37
Recital 37
(37) In a context of gradual digitalisation and automation, of ever more stringent emission reduction requirements of road transport, as well as of constant technological progress of power-driven vehicles, it is necessary to keep all drivers up to date in terms of knowledge about new technologies, road safety and sustainability. The promotion of lifelong training can contribute to more inclusive mobility and can be key in keeping experienced drivers’ skills up to date in terms of road safety, new technologies, ecodriving, which improves fuel efficiency and reduces emissions, and speed management.
Amendment 268 #
Proposal for a directive
Recital 38
Recital 38
(38) In order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission to specify interoperability features and security measures applicable to the QR codes introduced on physical driving licences; provisions related to interoperability, security and testing of mobile driving licences; the extension of the period of administrative validity of driving licences across the Union in case of a crisis; the content of the self-assessment on physical and mental fitness to be conducted for drivers of group 1; the conditions of the exchange of driving licences from third countries for driving licences issued by Member States without recording the fact of exchange on the driving licence; as well as interoperability between national systems connected to the EU driving licence network and the protection of personal data exchanged in that context. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council57. __________________ 57 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 269 #
Proposal for a directive
Recital 38
Recital 38
(38) In order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission to specify interoperability features and security measures applicable to the QR codes introduced on physical driving licences; provisions related to interoperability, security and testing of mobile driving licences; the extension of the period of administrative validity of driving licences across the Union in case of a crisis; the content of the self-assessment on physical and mental fitness to be conducted for drivers of group 1; the conditions of the exchange of driving licences from third countries for driving licences issued by Member States without recording the fact of exchange on the driving licence; as well as interoperability between national systems connected to the EU driving licence network and the protection of personal data exchanged in that context. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council57 . __________________ 57 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 273 #
Proposal for a directive
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘driving licence’ means an electronic or physical document that certifies the right to drive power- driven vehicles and states the conditions under which the holder is authorised to drive. It may have a physical or digital format, or both;
Amendment 281 #
Proposal for a directive
Article 2 – paragraph 1 – point 11 a (new)
Article 2 – paragraph 1 – point 11 a (new)
(11a) ‘ambulance’ means a vehicle of category M intended for the transport of sick or injured persons and having special equipment for such purpose, as referred to in Annex I, Part A, point 5.3. to Regulation (EU) No 2018/858;
Amendment 289 #
Proposal for a directive
Article 2 – paragraph 1 – point 11 b (new)
Article 2 – paragraph 1 – point 11 b (new)
(11b) ‘points-based driving licence system’ means a system whereby, when a driving licence is issued, each driver is given an initial quotient of a set number of points. This score shall be reduced by offences, in an amount depending on their seriousness, or increased if no offence is committed for a certain period of time, with special conditions for inexperienced drivers, and may lead to a decision to revoke the driving licence;
Amendment 304 #
Proposal for a directive
Article 4 – paragraph 5 – subparagraph 1
Article 4 – paragraph 5 – subparagraph 1
Member States may decide to introduce a storage medium (microchip) as part of the physical driving licence. Where a Member State decides to introduce a microchip as part of their physical driving licence it may, where its national laws related to driving licences provide for it, also decide to store data additional to what is specified in Annex I, Part D, on the microchip. Any data stored on such a microchip shall only be kept until the end of the driving licence’s validity period.
Amendment 306 #
Proposal for a directive
Article 5 – paragraph 4 – subparagraph 2
Article 5 – paragraph 4 – subparagraph 2
Member States shall ensure that the personal data necessary for the verification of the driving rights of the holder of the mobile driving licence is not retained by the verifier and that the issuing authority of the driving licence processes the information received through the notification only for the purpose of responding to the verification request. Personal data shall be processed in accordance with Regulations (EU) 2016/679 and (EU) 2018/1725 and, where applicable, Directive 2002/58/EC, implementing the principles of data minimisation, purpose limitation and data protection by design and by default, in particular with regard to technical measures.
Amendment 307 #
Proposal for a directive
Article 5 – paragraph 7
Article 5 – paragraph 7
7. By [date-of-adoption+18 months], the Commission shall adopt implementing acts laying down detailed provisions concerning the interoperability, security and testing of mobile driving licences, including verification and conversion features and the interface with national systems. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(2).
Amendment 310 #
Proposal for a directive
Article 6 – paragraph 1 – point a – paragraph 2 – indent 1
Article 6 – paragraph 1 – point a – paragraph 2 – indent 1
– two-wheel vehicles or three-wheel vehicles with a maximum design speed of not more than 45 km/h and a maximum net power (peak power) not exceeding 4 kW (excluding those with a maximum design speed under or equal to 25 km/h);
Amendment 315 #
Proposal for a directive
Article 6 – paragraph 1 – point b – point i – indent 1
Article 6 – paragraph 1 – point b – point i – indent 1
– motorcycles with a cylinder capacity not exceeding 125 cubic centimetres, of a net power (peak power) not exceeding 11 kW and with a power/weight ratio not exceeding 0,1 kW/kg;
Amendment 316 #
Proposal for a directive
Article 6 – paragraph 1 – point b – point i – indent 2
Article 6 – paragraph 1 – point b – point i – indent 2
– powered tricycles with a powermaximum net power (peak power) not exceeding 15 kW;
Amendment 317 #
Proposal for a directive
Article 6 – paragraph 1 – point b – point ii – indent 1
Article 6 – paragraph 1 – point b – point ii – indent 1
– motorcycles of a powermaximum net power (peak power) not exceeding 35 kW and with a power/weight ratio not exceeding 0,2 kW/kg and not derived from a vehicle of more than 70 kW.
Amendment 318 #
Proposal for a directive
Article 6 – paragraph 1 – point b – point iii – indent 2
Article 6 – paragraph 1 – point b – point iii – indent 2
– powered tricycles with a powermaximum net power (peak power) exceeding 15 kW;
Amendment 345 #
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Member States may exclude from the application of this Directive types of vehicles used by, or under the control of, the armed forces and civil defence. They shall inform the Commission thereof. The exclusion shall be mutually recognised by the Member States.
Amendment 375 #
Proposal for a directive
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
Amendment 379 #
Proposal for a directive
Article 7 – paragraph 3 – point a
Article 7 – paragraph 3 – point a
(a) vehicles used by the fire service, civil protection services and vehicles used for maintaining public order;
Amendment 397 #
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 1 a (new)
Article 8 – paragraph 1 – subparagraph 1 a (new)
Member States may restrict drivers whose licences are marked with code 68 in Annex I from taking the wheel only if a device preventing the engine from being started as a result of the driver having a blood alcohol level of more than zero has been installed and is operational in the vehicle;
Amendment 426 #
Proposal for a directive
Article 9 – paragraph 2 – point h a (new)
Article 9 – paragraph 2 – point h a (new)
(ha) two years after a driving licence, granted for category B, was issued for the first time it shall be valid for driving an ambulance referred to in Article 2(11)(a) with a maximum authorised mass above 3 500 kg but not exceeding 4 250 kg without a trailer.
Amendment 444 #
Proposal for a directive
Article 10 – paragraph 1 – point b – paragraph 1
Article 10 – paragraph 1 – point b – paragraph 1
as regards category AM: (i) they have passed a theory test only; Member States may require applicants to passand a test of skills and behaviour and, (ii) they must take a medical examination for this category.
Amendment 446 #
Proposal for a directive
Article 10 – paragraph 1 – point b a (new)
Article 10 – paragraph 1 – point b a (new)
(ba) For category A1; (i) they have passed a theory test and a test of skills and behaviour, (ii) they must take a medical examination.
Amendment 448 #
Proposal for a directive
Article 10 – paragraph 1 – point e
Article 10 – paragraph 1 – point e
(e) they have their normal residence in the territory of the Member State issuing the licence, or can produce evidence that they have been studying there for at least six monthsof student status in the six months preceding submission of the application.
Amendment 453 #
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 1 – point a
Article 10 – paragraph 2 – subparagraph 1 – point a
(a) 150 years for categories AM, A1, A2, A, B, B1 and BE;
Amendment 454 #
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 1 – point a
Article 10 – paragraph 2 – subparagraph 1 – point a
(a) 150 years for categories AM, A1, A2, A, B, B1 and BE;
Amendment 456 #
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 5
Article 10 – paragraph 2 – subparagraph 5
Member States mayshall limit the period of administrative validity of individual driving licences for any category in case it is found necessary to apply an increased frequency of medical checks or other specific measures, including restrictions for traffic offenders.
Amendment 465 #
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 6
Article 10 – paragraph 2 – subparagraph 6
Member States shall reduce the periods of administrative validity set out in the first subparagraph to five years or less for driving licences of holders residing on their territory having reached the age of 765, and reduce the administrative validity to two years for those having reached the age of 80, in order to apply an increased frequency of medical checks or other specific measures, including refresher courses. This reduced period of administrative validity shall only be applied upon renewal of the driving licence.
Amendment 471 #
Proposal for a directive
Article 10 – paragraph 3 – point b
Article 10 – paragraph 3 – point b
(b) normal residence in the territory of the Member State issuing the licence, or evidence that the applicant has been studying there for at least six months, at the time they submit their application and when the issuing process has been carried out.
Amendment 474 #
Proposal for a directive
Article 10 – paragraph 6 – subparagraph 1
Article 10 – paragraph 6 – subparagraph 1
When issuing or renewing driving licences in categories AM, A, A1, A2, B, B1 and BE, Member States may require an examination applying the minimum standards of physical and mental fitness for driving set out in Annex III instead of the self-assessment laid down in point 3 of that Annex. In that case, the medical examination shall cover all the medical incapacities mentioned in Annex III. Member States may establish compulsory refresher courses with instructors as well as making use of driving simulators to update their skills as a condition to conclude the renewal process.
Amendment 476 #
Proposal for a directive
Article 10 – paragraph 6 – subparagraph 1
Article 10 – paragraph 6 – subparagraph 1
When issuing or renewing driving licences in categories AM, A, A1, A2, B, B1 and BE, Member States mayshall require an examination applying the minimum standards of physical and mental fitness for driving set out in Annex III instead of the self-assessment laid down in point 3 of that Annex. In that case, the medical examination shall cover all the medical incapacities mentioned in Annex III.
Amendment 477 #
Proposal for a directive
Article 10 – paragraph 6 – subparagraph 1
Article 10 – paragraph 6 – subparagraph 1
When issuing or renewing driving licences in categories AM, A, A1, A2, B, B1 and BE, Member States mayshall require an examination applying the minimum standards of physical and mental fitness for driving set out in Annex III instead of the self-assessment laid down in point 3 of that Annex. In that case, the medical examination shall cover all the medical incapacities mentioned in Annex III.
Amendment 481 #
Proposal for a directive
Article 10 – paragraph 6 – subparagraph 2
Article 10 – paragraph 6 – subparagraph 2
Amendment 484 #
Proposal for a directive
Article 10 – paragraph 7 – subparagraph 1
Article 10 – paragraph 7 – subparagraph 1
No person may hold more than one physical driving licence. A pers and one may however hold severalobile driving licences. However, a person may hold several digital copies of the same mobile driving licences, provided that these are issued by the same Member State.
Amendment 486 #
Proposal for a directive
Article 10 – paragraph 7 – subparagraph 1
Article 10 – paragraph 7 – subparagraph 1
No person may hold more than one physical driving licence. A person may however hold several mobile driving licences, provided that these armobile driving licence can be dissued by the same Member Stateplayed on several mobile devices.
Amendment 488 #
Proposal for a directive
Article 10 a (new)
Article 10 a (new)
Article 10a Compliance with minimum standards for physical and mental fitness 1. Before a driving licence is issued, the candidate shall undergo a medical examination applying the minimum standards for physical and mental fitness and covering all the medical conditions set out in Annex III. This shall apply to the issuing of driving licences in category AM only if requested by Member States pursuant to Article 10(1)(b). 2. Before a driving licence is renewed, the holder shall undergo a medical examination covering all the medical conditions set out in Annex III.
Amendment 491 #
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The Member State performing the exchange of a physical driving licence shall return the old licence to the authorities of the Member State which issued it and give the reasons for doing so. The Member State carrying out the exchange of a mobile driving licence shall inform the authorities of the Member State which issued it accordingly and give the reasons for doing so; the Member State shall ensure that the old mobile licence can no longer be displayed. The Member States shall use the EU driving licence network referred to in Article 19(1) for communication purposes.
Amendment 493 #
Proposal for a directive
Article 12 – paragraph 6 – subparagraph 3 – point f a (new)
Article 12 – paragraph 6 – subparagraph 3 – point f a (new)
(fa) the exchange system established for EU driving licences in the third country.
Amendment 496 #
Proposal for a directive
Article 12 – paragraph 8 a (new)
Article 12 – paragraph 8 a (new)
8a. A certificate of professional competence (CPC), or an equivalent certificate, issued by a third country referred to in paragraph 2 may be replaced by a new CPC issued by a Member State where the holder has completed in that Member State additional training of up to 35 hours, which shall be carried out in the language best understood, with appropriate linguistic support if necessary, in line with the provisions of the EU Driver Training Directive (EU) 2022/2561, to ensure a high level of competence and road safety. The Commission shall be empowered to adopt delegated acts in accordance with Article 21 to establish a list of third countries which have rules on professional training for drivers and/or rules on certification and examination procedures in whole or in part comparable to those of the Union, together with a level of road safety comparable to that of the Union.
Amendment 501 #
Proposal for a directive
Article 13 – paragraph 3 – subparagraph 2 a (new)
Article 13 – paragraph 3 – subparagraph 2 a (new)
A Member State may suspend a driving licence indefinitely if the medical examination confirming validity referred to in Article 10a shows that the physical and psychological requirements regarding the medical conditions referred to in Annex III temporarily cannot be met.
Amendment 502 #
Proposal for a directive
Article 13 – paragraph 4 – subparagraph 2 a (new)
Article 13 – paragraph 4 – subparagraph 2 a (new)
A person who is the subject of a measure withdrawing a driving licence by a Member State may not, under any circumstances, obtain a new driving licence until three years have elapsed since the date of withdrawal.
Amendment 503 #
Proposal for a directive
Article 13 a (new)
Article 13 a (new)
Article 13a A points-based licence system By [entry into force + 5 years], the Member States shall have established a points system whereby, when a driving licence is issued, each driver is given an initial quotient of a given number of points. This score shall be reduced by offences, in an amount depending on their seriousness, or increased if no offence is committed for a certain period of time. In the event of a total loss of points, the licence shall be renewed by the competent authority on the basis of Article 10. If the conclusions of the fitness or medical examination show that the knowledge, ability and behaviour or physical and psychological requirements are no longer met, the competent authority shall suspend or withdraw the licence. The system shall include a set of fixed point deductions for at least the road safety related offences included in the [proposal for a directive on cross-border enforcement of traffic offences 2023/0052(COD)]. Member States shall provide for stricter rules on the deduction of points for inexperienced drivers.
Amendment 504 #
Proposal for a directive
Article 14
Article 14
Amendment 505 #
Proposal for a directive
Article 14
Article 14
Amendment 561 #
Proposal for a directive
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. Member States shall lay down specific rules applicable to inexperienced drivers as regards maximum net power (peak power), granting them permission to drive vehicles with a maximum authorised net power of 55 kW/t. Member States shall lay down rules on penalties regarding the maximum authorised net power and take all the measures needed to ensure that they are implemented. Those penalties shall be effective, proportionate, dissuasive and non‐discriminatory.
Amendment 566 #
Proposal for a directive
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
3a. Member States shall lay down specific rules applicable to inexperienced drivers as regards speed, limiting them to a maximum authorised speed of 100 km/h where Member States provide for a higher maximum speed. Member States shall lay down rules on penalties regarding the maximum authorised speed and take all the measures needed to ensure that they are implemented. These penalties must be effective, proportionate, dissuasive and non-discriminatory.
Amendment 567 #
Proposal for a directive
Article 15 – paragraph 3 b (new)
Article 15 – paragraph 3 b (new)
3b. Member States shall lay down specific rules applicable to inexperienced drivers on a zero-tolerance system for psychotropic substances or narcotics. Member States shall lay down rules on penalties for the taking of those substances, including the withdrawal of driving licences. Member States may extend those measures to all drivers.
Amendment 575 #
Proposal for a directive
Article 16 a (new)
Article 16 a (new)
Amendment 587 #
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Member States shall assist one another in the implementation of this Directive. They shall exchange information on the licences they have issued, exchanged, replaced, renewed, restricted, suspended, withdrawn, cancelled or revoked, on the points-based system and the driving disqualifications they have imposed or plan to enact and consult each other in order to verify whether an applicant for a driving licence is not subject to a driving disqualification in any Member State. They shall use the EU driving licence network set up for those purposes.
Amendment 588 #
Proposal for a directive
Article 19 – paragraph 2 – point c
Article 19 – paragraph 2 – point c
Amendment 591 #
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
2. The power to adopt delegated acts referred to in Article 4(8), Article 5(6), Article 8(2), Article 10(8) and Article 16(2, Article 12(8a), Article 16(2) and Article 18a(1) shall be conferred on the Commission for a period of five years from [Ddate of entry into force of the Directive]. The Commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension no later than three months before the end of each period.
Amendment 608 #
Proposal for a directive
Annex II – Part I – point A – point 2 – paragraph 1 – point b – indent 2 a (new)
Annex II – Part I – point A – point 2 – paragraph 1 – point b – indent 2 a (new)
– Risk of distraction owing to the use of electronic devices while driving and possible safety impacts;
Amendment 610 #
Proposal for a directive
Annex II – Part I – point A – point 2 – paragraph 1 – point d – indent 1
Annex II – Part I – point A – point 2 – paragraph 1 – point d – indent 1
– specific risk factors related to the lack of experience of other road users, especially on vulnerable road users that enjoy a lesser degree of protection in traffic compared to users of motor vehicles such as cars, buses and lorries and who are directly exposed to the forces of collisions. This category includes children, pedestrians, cyclists, users of powered two- wheel vehicles, users of personal mobility devices and persons with disabilities or reduced mobility and orientation.
Amendment 613 #
Proposal for a directive
Annex II – Part I – point A – point 2 – paragraph 1 – point e – indent 2
Annex II – Part I – point A – point 2 – paragraph 1 – point e – indent 2
– general rules specifying how the driver must behave in the event of an accident (setting warning devices and raising the alarm) and the measures which he can take to assist road accident victims where necessarybasic knowledge on how to give first aid and how to use first aid equipment;
Amendment 614 #
Proposal for a directive
Annex II – Part I – point A – point 2 – paragraph 1 – point e – indent 2 a (new)
Annex II – Part I – point A – point 2 – paragraph 1 – point e – indent 2 a (new)
– rules on how to behave if an emergency vehicle is approaching and what to do at the site of a collision;
Amendment 616 #
Proposal for a directive
Annex II – Part I – point A – point 2 – paragraph 1 – point e – indent 4
Annex II – Part I – point A – point 2 – paragraph 1 – point e – indent 4
– knowledge safety aspects related to alternatively fuelled vehicles and/or batteries;
Amendment 617 #
Proposal for a directive
Annex II – Part I – point A – point 2 – paragraph 1 – point e a (new)
Annex II – Part I – point A – point 2 – paragraph 1 – point e a (new)
(ea) use of advanced driver assistance systems and supporting technologies and their benefits;
Amendment 620 #
Proposal for a directive
Annex II – Part I – point A – point 2 – paragraph 1 – point i a (new)
Annex II – Part I – point A – point 2 – paragraph 1 – point i a (new)
(ia) basic regulatory framework on urban vehicle access restrictions, including low-emission zones;
Amendment 623 #
Proposal for a directive
Annex II – Part I – point A – point 2 – paragraph 1 – point i b (new)
Annex II – Part I – point A – point 2 – paragraph 1 – point i b (new)
(ib) risks connected with the interaction between different vehicle types owing to different scale and driving dynamics.
Amendment 638 #
Proposal for a directive
Annex II – Part I – point A – point 4 – point 1 – point g
Annex II – Part I – point A – point 4 – point 1 – point g
(g) obstruction of the field of view caused by the characteristics of their vehicles, particularly as regards perception of the presence of pedestrians, cyclists and micromobility users to the front and side of the vehicle;
Amendment 642 #
Proposal for a directive
Annex II – Part I – point A – point 4 – point 1 – point h
Annex II – Part I – point A – point 4 – point 1 – point h
(h) reading a road map, route planning, including the use of electronic navigation systems (optional);
Amendment 650 #
Proposal for a directive
Annex II – Part I – point A – point 4 – point 1 – point j
Annex II – Part I – point A – point 4 – point 1 – point j
(j) the driver's responsibility in respect to the carriage of passengers; comfort and safety of passengers, in particular, persons with disabilities and reduced mobility; transport of children; necessary checks before driving away; all sorts of buses shall be part of the theory test (public service buses and coaches, buses with special dimensions, …) (categories D, DE, D1, D1E only).
Amendment 656 #
Proposal for a directive
Annex II – Part I – point B – point 5 – point 2 – point g – paragraph 1
Annex II – Part I – point B – point 5 – point 2 – point g – paragraph 1
A category C vehicle with a maximum authorised mass of at least 12 000 kg, a length of at least 8 m, a width of at least 2,40 m and capable of a speed of at least 80 km/h; fitted with anti-lock brakes, equipped with digital recording equipment as defined by Regulation (EU) No 165/2014; the cargo compartment shall consist of a closed box body which is at least as wide and as high as the cab; the vehicle shall be presented with a minimum of 10 000 kg real total mass;
Amendment 662 #
Proposal for a directive
Annex II – Part I – point B – point 5 – point 2 – point h – paragraph 1
Annex II – Part I – point B – point 5 – point 2 – point h – paragraph 1
Either an articulated vehicle or a combination of a category C test vehicle and a trailer of at least 7,5 m in length; both the articulated vehicle and the combination shall have a maximum authorised mass of at least 20 000 kg, a length of at least 14 m and a width of at least 2,40 m, shall be capable of a speed of at least 80 km/h, fitted with anti-lock brakes, equipped with digital recording equipment as defined by Regulation (EU) No 165/2014; the cargo compartment shall consist of a closed box body which is at least as wide and as high as the cab; both the articulated vehicle and the combination shall be presented with a minimum of 15 000 kg real total mass;
Amendment 666 #
Proposal for a directive
Annex II – Part I – point B – point 5 – point 2 – point i – paragraph 1
Annex II – Part I – point B – point 5 – point 2 – point i – paragraph 1
A subcategory C1 vehicle with a maximum authorised mass of at least 4 000 kg, with a length of at least 5 m and capable of a speed of at least 80 km/h; fitted with anti- lock brakes and equipped with digital recording equipment as defined by Regulation (EU) No 165/2014; the cargo compartment shall consist of a closed box body which is at least as wide and as high as the cab;
Amendment 668 #
Proposal for a directive
Annex II – Part I – point B – point 5 – point 2 – point j – paragraph 1
Annex II – Part I – point B – point 5 – point 2 – point j – paragraph 1
A combination made up of a subcategory C1 test vehicle and a trailer with a maximum authorised mass of at least 1 250 kg; this combination shall be at least 8 m in length and capable of a speed of at least 80 km/h; the cargo compartment of the trailer shall consist of a closed box body which is at least as wide and as high as the cab; the closed box body may also be slightly less wide than the cab provided that the view to the rear is only possible by use of the external rear-view mirrors of the motor vehicle; the trailer shall be presented with a minimum of 800 kg real total mass;
Amendment 672 #
Proposal for a directive
Annex II – Part I – point B – point 5 – point 2 – point k – paragraph 1
Annex II – Part I – point B – point 5 – point 2 – point k – paragraph 1
A category D vehicle with a length of at least 10 m, a width of at least 2,40 m and capable of a speed of at least 80 km/h; fitted with anti-lock brakes and equipped with digital recording equipment as defined by Regulation (EU) No 165/2014;
Amendment 676 #
Proposal for a directive
Annex II – Part I – point B – point 5 – point 2 – point l – paragraph 1
Annex II – Part I – point B – point 5 – point 2 – point l – paragraph 1
A combination made up of a category D test vehicle and a trailer with a maximum authorised mass of at least 1 250 kg, a width of at least 2,40 m and capable of a speed of at least 80 km/h; the cargo compartment of the trailer shall consist of a closed box body which is at least 2 m wide and 2 m high; the trailer shall be presented with a minimum of 800 kg real total mass;
Amendment 682 #
Proposal for a directive
Annex II – Part I – point B – point 6 – point 3 – paragraph 1 – point g
Annex II – Part I – point B – point 6 – point 3 – paragraph 1 – point g
(g) overtaking/passing: overtaking other traffic (if possible), cyclists, micromobility users and pedestrians; driving alongside obstacles, for instance parked cars; being overtaken by other traffic (if appropriate);
Amendment 683 #
Proposal for a directive
Annex II – Part I – point B – point 6 – point 3 – paragraph 1 – point h
Annex II – Part I – point B – point 6 – point 3 – paragraph 1 – point h
(h) special road features (if available): roundabouts; railway level crossings; tram/bus stops; pedestrian crossings; cycle tracks; riding up-/downhill on long slopes; tunnels;
Amendment 684 #
Proposal for a directive
Annex II – Part I – point B – point 6 – point 3 – paragraph 1 – point j
Annex II – Part I – point B – point 6 – point 3 – paragraph 1 – point j
(j) taking the necessary precautions when alighting from the vehicle, in particular paying attention to cyclists, micromobility users and pedestrians.
Amendment 687 #
Proposal for a directive
Annex II – Part I – point B – point 7 – point 4 – paragraph 1 – point g
Annex II – Part I – point B – point 7 – point 4 – paragraph 1 – point g
(h) sSpecial road features (if available): roundabouts: roundabouts; taking roundabout with a large vehicle; right and left driving; railway level crossings; tram/bus stops; pedestrian crossings; dridving up-/downhill on long slopes; tunnels;
Amendment 690 #
Proposal for a directive
Annex II – Part I – point B – point 7 – point 4 – paragraph 1 – point h
Annex II – Part I – point B – point 7 – point 4 – paragraph 1 – point h
(h) special road features (if available): roundabouts; railway level crossings; tram/bus stops; pedestrian crossings; cycle tracks; riding up-/downhill on long slopes; tunnels;
Amendment 691 #
Proposal for a directive
Annex II – Part I – point B – point 7 – point 4 – paragraph 1 – point i
Annex II – Part I – point B – point 7 – point 4 – paragraph 1 – point i
(i) taking the necessary precautions when boarding and alighting from the vehicle, in particular paying attention to cyclists, micromobility users and pedestrians;
Amendment 700 #
Proposal for a directive
Annex II – Part I – point B – point 8 – point 3 – paragraph 1 – point g
Annex II – Part I – point B – point 8 – point 3 – paragraph 1 – point g
(g) overtaking/passing: overtaking other traffic (if possible), cyclists, micromobility users and pedestrians; driving alongside obstacles, for instance parked cars; being overtaken by other traffic (if appropriate);
Amendment 701 #
Proposal for a directive
Annex II – Part I – point B – point 8 – point 3 – paragraph 1 – point h
Annex II – Part I – point B – point 8 – point 3 – paragraph 1 – point h
(h) special road features (if available): roundabouts: roundabouts; taking a roundabout with a large vehicle; driving on the left and right; railway level crossings; tram/bus stops; pedestrian crossings; riding up-/downhill on long slopes; tunnels;
Amendment 710 #
Proposal for a directive
Annex II – Part I – point B – point 9 – point 3 – point a
Annex II – Part I – point B – point 9 – point 3 – point a
(a) controls the vehicle; taking into account: proper use of safety belts, rear- view mirrors, head restraints; seat; proper use of lights and other equipment; proper use of clutch, gearbox, accelerator, braking systems (including third braking system, if available), steering; appropriate use of advanced driver assistance systems and automated driving systems; controlling the vehicle under different circumstances, at different speeds; steadiness on the road; the weight and dimensions and characteristics of the vehicle; the weight and type of load (categories BE, C, CE, C1, C1E, DE, D1E only); the comfort of the passengers (categories D, DE, D1, D1E only) (no fast acceleration, smoothly driving and no hard braking);
Amendment 716 #
Proposal for a directive
Annex II – Part I – point B – point 9 – point 3 – point b
Annex II – Part I – point B – point 9 – point 3 – point b
(b) drives economically and in a safe and energy-efficient way, taking into account the revolutions per minute, changing gears, braking and accelerating, including use of advanced driver assistance systems and automated driving systems (categories B, BE, C, CE, C1, C1E, D, DE, D1, D1E only);
Amendment 720 #
Proposal for a directive
Annex II – Part I – point B – point 9 – point 3 – point c
Annex II – Part I – point B – point 9 – point 3 – point c
(c) complies with observation rules: all-round observation; proper use of mirrors; observation of new technology signals; far, middle, near distance vision;
Amendment 725 #
Proposal for a directive
Annex II – Part I – point B – point 9 – point 3 – point j
Annex II – Part I – point B – point 9 – point 3 – point j
(j) controls braking and stopping: decelerating in time, braking or stopping according to circumstances; anticipation; using the various braking systems (only for categories C, CE, D, DE); using speed reduction systems other than the brakes, including use of in-vehicle technologies (only for categories C, CE, D, DE).
Amendment 728 #
Proposal for a directive
Annex II – Part II – paragraph 1 – indent 5
Annex II – Part II – paragraph 1 – indent 5
– take account of all the factors affecting driving behaviour (for instance alcohol, fatigue, poor eyesight, use of electronic devices, etc.) so as to retain full use of the faculties needed to drive safely;
Amendment 729 #
Proposal for a directive
Annex II – Part II – paragraph 1 – indent 7
Annex II – Part II – paragraph 1 – indent 7
– have sufficient knowledge of risk factors related to cyclists, micro mobility meusers and pedestrians;
Amendment 730 #
Proposal for a directive
Annex II – Part II – paragraph 2
Annex II – Part II – paragraph 2
Member States mayshall implement the appropriate measures to ensure that drivers who have lost the knowledge, skills and behaviour as described under points 1 to 9 can recover this knowledge and those skills and will continue to exhibit such behaviour required for driving a power-driven vehicle.
Amendment 734 #
Proposal for a directive
Annex III – point 3 – paragraph 1
Annex III – point 3 – paragraph 1
Amendment 737 #
Proposal for a directive
Annex III – point 3 – paragraph 1
Annex III – point 3 – paragraph 1
Applicants shall perform a self-assessmentundergo a medical examination of their physical and mental fitness for driving a power-driven vehicle.
Amendment 740 #
Proposal for a directive
Annex III – point 3 – paragraph 2
Annex III – point 3 – paragraph 2
Amendment 742 #
Proposal for a directive
Annex III – point 3 – paragraph 2
Annex III – point 3 – paragraph 2
The applicants shall be required to undergo a medical examination, if it becomes apparent, from the self-assessment of their physical and mental fitnessncluding an appropriate examination for eyesight as described in point 6, when the necessary formalities are being completed or during the tests which they have to undergo prior to obtaining a driving licence, that they are likely to have one or more of the medical incapacities mentioned in this Annex.
Amendment 744 #
Proposal for a directive
Annex III – point 3 – paragraph 3 a (new)
Annex III – point 3 – paragraph 3 a (new)
The standards established by Member States for the issue or any subsequent renewal of driving licences may be stricter than those provided for in this Annex.
Amendment 748 #
Proposal for a directive
Annex III – point 4 – paragraph 1
Annex III – point 4 – paragraph 1
Applicants shall undergo a medical examinations before a driving licence is first issued to them and thereafter drivers shall be checked of their physical and mental fitness for driving accordance with the national system in place in the Member State of normal residence whenever their driving licence is renewed power-driven vehicle before a driving licence is first issued to them.
Amendment 749 #
Proposal for a directive
Annex III – point 4 – paragraph 1 a (new)
Annex III – point 4 – paragraph 1 a (new)
Drivers shall be subject to the same procedure when their driving licences are renewed.
Amendment 753 #
Proposal for a directive
Annex III – point 6 – paragraph 1
Annex III – point 6 – paragraph 1
All applicants for a driving licence shall undergo an appropriate investigation to ensure that they have adequate visual acuity and field of vision for driving power-driven vehicles. Where there is reason to doubt that the applicant’s vision is adequate, he/she should be examined by a competent medical authority. At this examination attention shall be paid, in particular, to the following: visual acuity, field of vision, twilight vision, glare and contrast sensitivity, diplopia and other visual functions that can compromise safe driving.
Amendment 755 #
Proposal for a directive
Annex III – point 6 – paragraph 2
Annex III – point 6 – paragraph 2
For group 1 drivers, licensing may be considered in ‘exceptional individual cases’ where the visual field standard or visual acuity standard cannot be met but there are reasons for a competent medical authority to believe that the issuance of a driving licence for the applicant would not impair road safety; in such cases the driver shall undergo a further examination by a competent medical authorityvision and driving experts to demonstrate that there is no other impairment of visual function, including glare, contrast sensitivity and twilight vision. The driver or applicant shall also be subject to a positive practical test conducted by a competent authority.
Amendment 758 #
Proposal for a directive
Annex III – point 6 – paragraph 3 – point 3
Annex III – point 6 – paragraph 3 – point 3
(3) After any recently developed diplopia or after the loss of vision in one eye, there shall be an appropriate adaptation period (for example, six months), during which driving is not allowed. After this period, driving shall only be allowed after a favourable opinion from vision and driving experts. The competent medical authority may establish temporary requirements and, where appropriate, restrictions on night driving.
Amendment 760 #
Proposal for a directive
Annex III – point 6 – paragraph 4 – point 4 – paragraph 3
Annex III – point 6 – paragraph 4 – point 4 – paragraph 3
Driving licences shall not be issued to or renewed for applicants or drivers with impaired contrast sensitivity or with presenting significant changes in twilight vision and contrast sensitivity and insufficient vision after glare, with inappropriate recovery time even in the better eye or diplopia.
Amendment 761 #
Proposal for a directive
Annex III – point 6 – paragraph 4 – point 4 – paragraph 4
Annex III – point 6 – paragraph 4 – point 4 – paragraph 4
After a substantial loss of vision in one eye, there shall be an appropriate adaptation period (for example six months) during which the subject is not allowed to drive. After this period, driving shall only be allowed after a favourable opinion from vision and driving experts. The competent medical authority may allow driving subject to certain requirements and restrictions.
Amendment 765 #
Proposal for a directive
Annex III – point 10 – paragraph 7 – point 3 – paragraph 2
Annex III – point 10 – paragraph 7 – point 3 – paragraph 2
Moreover, in those cases, such licences shall be issued or renewed subject to the opinion of a competent medical authority and to regular medical reviewreview by a medical specialist, undertaken at intervals of not more than three years.
Amendment 766 #
Proposal for a directive
Annex III – point 11 – paragraph 2 – point 1 – paragraph 1
Annex III – point 11 – paragraph 2 – point 1 – paragraph 1
Driving licences shall not be issued to, or renewed for, applicants or drivers with a serious neurological disease, unless the application is supported by authorisedhas been approved by the competent medical authority following a specialist medical opinion.
Amendment 769 #
Proposal for a directive
Annex III – point 12 – paragraph 5 – point 5
Annex III – point 12 – paragraph 5 – point 5
(5) Epilepsy: drivers or applicants may be declared fit to drive after a one-year period free of further seizures, as documented and certified by a neurologist.
Amendment 770 #
Proposal for a directive
Annex III – point 12 – paragraph 6 – point 11 – paragraph 1
Annex III – point 12 – paragraph 6 – point 11 – paragraph 1
Provoked epileptic seizure: the applicant who has had a provoked epileptic seizure because of a recognisable provoking factor that is unlikely to recur at the wheel may be declared able to drive on an individual basis alone and for vehicles for private use but not for the transport of others, subject to neurological opinion. An EEG and an appropriate neurological assessment shall be performed after the acute episode.
Amendment 771 #
Proposal for a directive
Annex III – point 12 – paragraph 6 – point 12
Annex III – point 12 – paragraph 6 – point 12
(12) First or single unprovoked seizure: the applicant who has had a first unprovoked epileptic seizure may be declared able to drive once five years’ freedom from further seizures has been achieved without the aid of anti-epileptic drugs, if there has been an appropriate neurological assessment. National authorities may allow drivers with recognised good prognostic indicators to drive sooner.
Amendment 781 #
Proposal for a directive
Annex III – point 13 – paragraph 3 – point 2
Annex III – point 13 – paragraph 3 – point 2
(2) The competent medical authority shall give due consideration to the additional risks and dangers involved in the driving of vehicles covered by the definition of this group and may establish temporary requirements and, where appropriate, restrictions on driving.
Amendment 784 #
Proposal for a directive
Annex III – point 14 – paragraph 2 – point 1 – paragraph 2
Annex III – point 14 – paragraph 2 – point 1 – paragraph 2
After a proven period of abstinence and subject to authorised medical opinion and regular medical check-ups, driving licences may be issued to, or renewed for, applicants or drivers who have in the past been dependent on alcohol with no further restrictions, following a positive opinion from the competent medical authority.
Amendment 785 #
Proposal for a directive
Annex III – point 14 – paragraph 2 – point 1 – paragraph 2 a (new)
Annex III – point 14 – paragraph 2 – point 1 – paragraph 2 a (new)
The competent medical authority may establish temporary requirements and, where appropriate, restrictions on driving.
Amendment 786 #
Proposal for a directive
Annex III – point 14 – paragraph 3 – point 2
Annex III – point 14 – paragraph 3 – point 2
(2) The competent medical authority shall give due consideration to the additional risks and dangers involved in the driving of vehicles covered by the definition of this group, and may establish temporary requirements and, where appropriate, restrictions on driving.
Amendment 787 #
Proposal for a directive
Annex III – point 15 – paragraph 2 – point 1 – paragraph 1
Annex III – point 15 – paragraph 2 – point 1 – paragraph 1
Driving licences shall not be issued to or renewed for applicants or drivers who are dependent onuse psychotropic substances or who are not dependent on such substances but regularly abuse themnarcotics, whatever category of licence is requested.
Amendment 788 #
Proposal for a directive
Annex III – point 15 – paragraph 2 – point 2 – paragraph 1
Annex III – point 15 – paragraph 2 – point 2 – paragraph 1
Driving licences shall not be issued to, or renewed for, applicants or drivers who regularly use psychotropic substances, in whatever form, which can hamper the ability to drive safely where the quantities absorbed are such as to have an adverse effect on driving. This shall apply to all otherabuse or habitually use any medicinal products or combinations of medicinal products in quantities which affect the ability to drive.
Amendment 789 #
Proposal for a directive
Annex III – point 15 – paragraph 2 – point 2 – paragraph 1 a (new)
Annex III – point 15 – paragraph 2 – point 2 – paragraph 1 a (new)
The competent medical authority may establish temporary requirements and, where appropriate, restrictions on driving.
Amendment 790 #
Proposal for a directive
Annex III – point 15 – paragraph 2 – point 3
Annex III – point 15 – paragraph 2 – point 3
(3) The competent medical authority shall give due consideration to the additional risks and dangers involved in the driving of vehicles covered by the definition of this group, and may establish temporary requirements and, where appropriate, restrictions on driving.
Amendment 791 #
Proposal for a directive
Annex IV – Part 1 – point 3 – point g a (new)
Annex IV – Part 1 – point 3 – point g a (new)
(ga) paying attention to vulnerable and non-motorised road users.