Activities of Elżbieta Katarzyna ŁUKACIJEWSKA 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 (113)
Amendment 199 #
Proposal for a directive
Recital 2
Recital 2
(2) The current framework, should be updated to be fit for the new era, sustainable, inclusive, smart and resilient. It should take into account the need to reduce emissions from transport, also through a greater uptake of alternatively powered vehicles, digitalisation, the demographic trends and technological developments to reinforce the competitiveness of the European Economy. It is important to simplify and digitise administrative procedures, in order to remove the remaining barriers, such as administrative burdens, to the free movement of the drivers taking up residence in a Member State other than the one issuing the licence. A harmonized Union standard driving licence framework should encompass both physical and mobile driving licences, and provide for their mutual recognition, where they were duly issued in accordance with this Directive.
Amendment 200 #
Proposal for a directive
Recital 2
Recital 2
(2) The current framework, should be updated to be fit for the new era, sustainable, inclusive, smart and resilient. It should take into account the need to reduce emissions from transport, digitalisation, the demographic trends and technological developments to reinforce the competitiveness of the European Economy. It is important to simplify and digitise administrative procedures, in order to remove the remaining barriers, such as administrative burdens, to the free movement of the drivers taking up residence in a Member State other than the one issuing the licence. A harmonized Union standard driving licence framework should encompass both physical and mobile driving licences of all categories, and provide for their mutual recognition, where they were duly issued in accordance with this Directive.
Amendment 201 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
Amendment 203 #
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 the Directive 2002/58/EC of the European Parliament and of the Council53a. __________________ 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, OJ L 201, 31.7.2002, p. 37-47.
Amendment 205 #
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 purposes of proving and verifying the person’s right to drive and identification, 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 208 #
Proposal for a directive
Recital 10
Recital 10
(10) The digital transformation is one of the Union’s priorities. In the case of road transport, it will contribute to remove the remaining administrative barriers, such as the ones relating to the duration of issuing physical driving licences, to free movement of persons. Therefore, a separate Union standard should be established for the mobile driving licences issued within the Union. In order to facilitate digital transformation mobile driving licences should be issued as default fromin addition to the physical driving licence [date-of-adoption+4years], without prejudice to the applicant’s right to acquireresign either from a physical one or bor a digital one. The applicant should have right to acquire the type of the driving licence, which he or she initially resigned from. Member States should make sure th at the same timerequested document is delivered without undue delay and no later than within 2 weeks from the date it was requested.
Amendment 211 #
Proposal for a directive
Recital 12
Recital 12
(12) The Sustainable and Smart Mobility Strategy sets out a vision for the EU to significantly improve sustainability of mobility and transport. Emissions from the road transport sector include greenhouse gases emissions, air pollutants, noise and microplastics from tyre and road wear. Greater presence of alternatively fuelled vehicles is key to green transition. Their new models of a higher weight would be available in driving licence categories B, C or D, which has to be taken into consideration by this legislation. Driving style influences these emissions, with possible negative impacts on the environment and human health. Therefore, driving training should equip drivers to reduce their impact on emissions as well as to prepare them to drive zero- emission vehicles.
Amendment 214 #
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) Individual means of transport play a key role for millions of European citizens, including for people living in rural areas and among persons with reduced mobility. Therefore, Member States should consider appropriate infrastructure in urban, peri-urban and rural areas necessary to reduce road accidents and traffic congestion as well as targeted policies and support schemes for those at risk of transport poverty.
Amendment 217 #
Proposal for a directive
Recital 15 b (new)
Recital 15 b (new)
(15b) Active mobility, covering walking, use of bicycles, electric bikes or scooters, is becoming increasingly popular given the green transition. As their users are more frequently entering the European roads and sharing them with other individual means of transport where a driving licence is required, Member States are encouraged to introduce in their scholar systems risk awareness and traffic rules trainings, also within their lifelong training, with the view to improve road safety. Member States should be encouraged to introduce further measures for users of personal mobility vehicles with a view to decrease traffic accidents, improve road safety rules and risk awareness. Member States should equally consider possible registration of micro mobility vehicles above certain speed and power.
Amendment 221 #
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 for example the driving of fire service and public order maintenance related vehicles or pilot projects related to new vehicle technologies.
Amendment 231 #
Proposal for a directive
Recital 19
Recital 19
(19) Proof of compliance with minimum standards of physical and mental fitness for driving by drivers of vehicles used for the transport of persons or goods should be provided when the driving licence is issued and periodically thereafter. Such regular control in accordance with national rules of compliance with minimum standards would contribute to the free movement of persons, avoid distortions of competition and better take into account the specific responsibility of drivers of such vehicles. Member States should be allowed to impose medical examinations as a guarantee of compliance with the minimum standards of physical and mental fitness for driving other power-driven vehicles. For reasons of transparency, such examinations should coincide with a renewal of driving licences. While promoting lifelong training, Member States might also consider support systems for different age groups, including feedback interventions provided by traffic psychologist, driving examiner or driving instructor, that may issue recommendations and proof of attendance to the applicant.
Amendment 251 #
Proposal for a directive
Recital 29 a (new)
Recital 29 a (new)
(29a) The partnership between vocational schools and transport and logistics companies should be incentivised, including through specific EU budget support, in order to tackle professional drivers' shortage in the EU. Such partnerships should offer to future professional drivers the opportunity to become more familiar with the benefits and the challenges of the profession, to improve their operational and organisational skills and to gain experience, while using advanced technologies and techniques. The form of support may include, among others, EU co-financing to obtain certain qualifications such as CPC (Certificate for Professional Competence) or dedicated trainings for future drivers.
Amendment 254 #
Proposal for a directive
Recital 30
Recital 30
(30) It should be ensured that drivers who newly acquire their driving licence in a given category do not endanger road safety on account of their inexperience. For those novice drivers a probationary period of two years should be established, during which they should be subjected to stricter rules and penalties Union-wide when breaking them, due to for example the influence of alcohol or drugs, failing to use safety equipment, driving without a valid driving licence. Such stricter rules towards novice drivers might be enforced for example through national demerit points systems. The penalties for such conduct should be effective, proportionate, dissuasive and non-discriminatory and their severity should to the furthest extent possible take into account the Union’s mid- term and long-term goals of halving and nearly eliminating deaths and serious injuries. As regards any other restrictions on novice drivers, Member States should be allowed to freely implement additional rules in their territory.
Amendment 262 #
Proposal for a directive
Recital 34
Recital 34
(34) The EU driving licence network aims to guarantee the recognition of documents and acquired rights originating in Member States, combat document fraud, avoid the issuance of multiple licences and facilitate the enforcement of driving disqualifications. It should be equally used to exchange information from national demerit point systems on traffic offences committed by foreign drivers. In particular, Member States should be given the possibility to systematically verify that the reasons, that led to any previously imposed restrictions, suspensions, withdrawals or cancellations of a driving licence or the right to drive, have disappeared. The use of RESPER for the implementation of other acts of the Union should only be permitted as long as those uses are explicitly provided for by this Directive.
Amendment 263 #
Proposal for a directive
Recital 35
Recital 35
(35) In order to enable the preparation of meaningful reports on the implementation of this Directive, the Commission should receive information on a yearly basis regarding the number of driving licences issued, renewed, replaced, withdrawn and exchanged, for each category, including data on the issuance and use of mobile driving licences. Member States should equally share data on their best practices as regards road safety measures and risk awareness trainings, especially as regards novice drivers and within the lifelong training, self-assessment on physical and mental fitness and other types of medical fitness checks per age group, use of support system per age group through feedback interventions with prove of participation and recommendations provided by a driving instructor, traffic psychologist or driving examiner as well as measures to increase road safety among vulnerable road users, including practices on micro mobility vehicles registration. The Commission might prepare recommendations with regards to micro mobility vehicles registration.
Amendment 264 #
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 road safety and sustainability. The promotion of lifelong training, including through feedback interventions with proof of participation and recommendations provided by a driving instructor, traffic psychologist or driving examiner, 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 271 #
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
Amendment 272 #
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
Amendment 275 #
Proposal for a directive
Article 2 – paragraph 1 – point 12 d (new)
Article 2 – paragraph 1 – point 12 d (new)
Amendment 282 #
Proposal for a directive
Article 2 – paragraph 1 – point 12 c (new)
Article 2 – paragraph 1 – point 12 c (new)
(12c) ‘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. of Regulation (EU) No 2018/8581a; __________________ 1a Regulation (EU) 2018/858 of the European Parliament and of the Council, Annex I, Part A, point 5.3, page 97.
Amendment 286 #
Proposal for a directive
Article 2 – paragraph 1 – point 12 a (new)
Article 2 – paragraph 1 – point 12 a (new)
Amendment 288 #
Proposal for a directive
Article 2 – paragraph 1 – point 12 b (new)
Article 2 – paragraph 1 – point 12 b (new)
Amendment 292 #
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. By [date-of-adoption+4 years], Member States shall ensure that onlyboth mobile driving licences and physical driving licence are issued by default. Until that date, Member States may decide to issue mobile driving licences.
Amendment 296 #
Proposal for a directive
Article 3 – paragraph 5
Article 3 – paragraph 5
5. By way of derogation from paragraph 4, upon request of the applicant, Member States shall provide the opportunity for resigning from a physical driving licence to be issued instead of, or together with,or a mobile driving licence.
Amendment 298 #
Proposal for a directive
Article 3 – paragraph 5 a (new)
Article 3 – paragraph 5 a (new)
5a. By way of derogation from paragraph 5, upon request of the applicant, Member States shall provide for the opportunity to issue the driving licence which was initially resigned from. This physical or mobile driving licence shall be provided without due delay and not later than within 2 weeks from the date of the request made by the applicant.
Amendment 302 #
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Member States shall ensure that by 19 January 20303, all physical driving licences issued or in circulation fulfil all the requirements of this Directive.
Amendment 303 #
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. The retention period for the personal data stored in the microchip should be aligned with the validity of the driving licence.
Amendment 308 #
Proposal for a directive
Article 5 – paragraph 7 a (new)
Article 5 – paragraph 7 a (new)
7a. With a view to ensure the worldwide use and recognition of the European mobile driving licence, Member States shall work towards a corresponding amendment to the Geneva Convention on Road Traffic of September 19, 1949, the International Convention on Motor Transport of April 24, 1926 and the Vienna Convention on Road Traffic of November 8, 1968. The Commission shall provide assistance in this regard.
Amendment 332 #
Proposal for a directive
Article 6 – paragraph 1 – point c – point xi a (new)
Article 6 – paragraph 1 – point c – point xi a (new)
(xia) category T: – all wheeled tractors; each wheeled tractor category described in point xi b (new) to xi h (new) is supplemented at the end by an ‘a’ or ‘b’ index according to its design speed: – ‘a’ for wheeled tractors with a maximum design speed below or equal to 40 km/h; – ‘b’ for wheeled tractors with a maximum design speed above 40 km/h;
Amendment 333 #
Proposal for a directive
Article 6 – paragraph 1 – point c – point xi b (new)
Article 6 – paragraph 1 – point c – point xi b (new)
Amendment 334 #
Proposal for a directive
Article 6 – paragraph 1 – point c – point xi c (new)
Article 6 – paragraph 1 – point c – point xi c (new)
(xic) category T2: – comprises wheeled tractors with a minimum track width of less than 1 150 mm, with an unladen mass, in running order, of more than 600 kg, with a ground clearance of not more than 600 mm; if the height of the centre of gravity of the tractor (measured in relation to the ground) divided by the average minimum track for each axle exceeds 0,90, the maximum design speed shall be restricted to 30 km/h;
Amendment 335 #
Proposal for a directive
Article 6 – paragraph 1 – point c – point xi d (new)
Article 6 – paragraph 1 – point c – point xi d (new)
(xid) category T3’: – comprises wheeled tractors with an unladen mass, in running order, of not more than 600 kg;
Amendment 336 #
Proposal for a directive
Article 6 – paragraph 1 – point c – point xi e (new)
Article 6 – paragraph 1 – point c – point xi e (new)
(xie) category T4: – comprises special purpose wheeled tractors;
Amendment 337 #
Proposal for a directive
Article 6 – paragraph 1 – point c – point xi f (new)
Article 6 – paragraph 1 – point c – point xi f (new)
(xif) category T4.1: – tractors designed for working with high-growing crops, such as vines. They feature a raised chassis or section of chassis, enabling them to advance in parallel with the crop with left and right wheels on either side of one or more rows of the crop. They are intended for carrying or operating tools which may be fitted at the front, between the axles, at the rear or on a platform. When the tractor is in working position the ground clearance perpendicular to the crop rows exceeds 1 000 mm. Where the height of the centre of gravity of the tractor, measured in relation to the ground, using the tyres normally fitted, divided by the average minimum track of all of the axles exceeds 0,90, the maximum design speed shall not exceed 30 km/h;
Amendment 338 #
Proposal for a directive
Article 6 – paragraph 1 – point c – point xi g (new)
Article 6 – paragraph 1 – point c – point xi g (new)
(xig) category T4.2: – tractors characterised by their large dimensions, primarily intended for working large areas of farmland;
Amendment 339 #
Proposal for a directive
Article 6 – paragraph 1 – point c – point xi h (new)
Article 6 – paragraph 1 – point c – point xi h (new)
(xih) category T4.3: – four- wheel drive tractors whose interchangeable equipment is intended for agricultural or forestry use and which are characterised by a supporting frame, equipped with one or more power take- offs, having a technically permissible mass no greater than 10 tonnes, for which the ratio of this mass to the maximum unladen mass in running order is less than 2,5 and having the centre of gravity, measured in relation to the ground using the tyres normally fitted, of less than 850 mm;
Amendment 341 #
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
With the prior agreement of the Commission, which shall assess the impact of the proposed measure on road safety, Member States may exclude from the application of this Article certain specific types of power-driven vehicles, including special vehicles for persons with disabilities or vehicles used in construction sector often classified as non-road mobile machinery.
Amendment 344 #
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 and rescue services. They shall inform the Commission thereof. Member States shall mutually recognise such an exclusion.
Amendment 346 #
Proposal for a directive
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) 16 years for categories AM, A1, B1 and B1T;
Amendment 357 #
Proposal for a directive
Article 7 – paragraph 1 – point d a (new)
Article 7 – paragraph 1 – point d a (new)
(da) 18 years for categories C and CE, D1 and D1E, for professional drivers using driving licence nationally and internationally, under the condition of holding a Certificate for Professional Competence (CPC) referred to in Article 6(1) of Directive (EU) 2022/2561;
Amendment 368 #
Proposal for a directive
Article 7 – paragraph 1 – point e a (new)
Article 7 – paragraph 1 – point e a (new)
(ea) 21 years for categories D and DE, for professional drivers using driving licence nationally and internationally, under the condition of holding a Certificate for Professional Competence (CPC) referred to in Article 6(1) of Directive (EU) 2022/2561.
Amendment 380 #
Proposal for a directive
Article 7 – paragraph 3 – subparagraph 1 (new)
Article 7 – paragraph 3 – subparagraph 1 (new)
Member States may mutually recognise the validity on their territory of driving licences issued to drivers under the minimum ages as set out in this paragraph.
Amendment 400 #
Proposal for a directive
Article 9 – paragraph 2 – point a a (new)
Article 9 – paragraph 2 – point a a (new)
(aa) licences issued for categories B, BE, C, C1E, CE, D, D1E or DE shall be valid for combinations of vehicles in category T;
Amendment 405 #
Proposal for a directive
Article 9 – paragraph 2 – point g a (new)
Article 9 – paragraph 2 – point g a (new)
(ga) two years after a driving licence, granted for category B, was issued for the first time it shall be valid for driving ambulances as defined in Article 2 (12c) and motor caravans as defined in Article 2 (12d) of this directive that are up to 4250 kg;
Amendment 407 #
Proposal for a directive
Article 9 – paragraph 2 – point h
Article 9 – paragraph 2 – point h
(h) two years after a driving licence, granted for category B, was issued for the first time it shall be valid for driving the alternatively fuelled vehicles, as referred to in Article 2 of Council Directive 96/53/EC63 with a maximum authorised mass above 3 500 kg but not exceeding 4 250 kg without a trailer. __________________ 63 Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic (OJ L 235, 17.9.1996, p. 59)(12a) of this Directive for categories M and N established by Regulation EU 2018/858, that are intended to be used on public roads, including those designed and constructed in one or more stages with a maximum authorised mass above 3 500 kg but not exceeding 4 250 kg without a trailer, and for the transport of passengers with a maximum seat capacity of 8 seats excluding the driver.
Amendment 421 #
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 BE was issued for the first time it shall authorise driving vehicles, as referred in Article 2 (12a) of this Directive for categories M and N established by Regulation EU 2018/858, that are intended to be used on public roads, including those designed and constructed in one or more stages, with a maximum authorised mass above 3 500 kg but not exceeding 4 250 kg without a trailer. These vehicles may be combined with a trailer or semi-trailer where the maximum authorised mass of the trailer or semi-trailer does not exceed 3 500 kg;
Amendment 429 #
Proposal for a directive
Article 9 – paragraph 2 – point h b (new)
Article 9 – paragraph 2 – point h b (new)
(hb) three years after a driving licence, granted for category C1, was issued for the first time, it shall be valid for driving the alternatively fuelled vehicles referred to in Article 2 (12a) with a maximum authorised mass above 7 500 kg but not exceeding 8 250 kg without a trailer and which are designed and constructed for the carriage of no more than eight passengers in addition to the driver. These vehicles may be combined with a trailer having maximum authorized mass which does not exceed 750 kg;
Amendment 434 #
Proposal for a directive
Article 9 – paragraph 2 – point h c (new)
Article 9 – paragraph 2 – point h c (new)
(hc) three years after a driving licence, granted for category C1E, was issued for the first time, it shall be valid for the vehicles referred to in Article 9(2), point (hb) and its trailer or semi-trailer having a maximum authorised mass of over 750 kg provided that the authorised mass of the combination does not exceed 12 750 kg;
Amendment 435 #
Proposal for a directive
Article 9 – paragraph 2 – point h d (new)
Article 9 – paragraph 2 – point h d (new)
(hd) four years after a driving licence, granted for category D1, was issued for the first time, it shall be valid for vehicles designed and constructed for the carriage of no more than 22 passengers in addition to the driver and with a maximum length not exceeding 8 meters.
Amendment 436 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1 (new)
Article 9 – paragraph 2 – subparagraph 1 (new)
In its second implementation report to the European Parliament and the Council referred to in Article 20 of this directive, the Commission shall assess the impact of development and deployment of alternatively fuelled vehicles and/or the use of Article 9 (2) point (h) till point (hd) on road safety, and where necessary, update the mass thresholds by means of a delegated act in accordance with Article 21.
Amendment 451 #
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 1 – point a
Article 10 – paragraph 2 – subparagraph 1 – point a
(a) 15 years for categories AM, A1, A2, A, B, B1, BE and BET;
Amendment 452 #
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 1 – point a
Article 10 – paragraph 2 – subparagraph 1 – point a
(a) 15 years for categories AM, A1, A2, A, B, B1, BE and BET;
Amendment 464 #
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 6
Article 10 – paragraph 2 – subparagraph 6
Amendment 485 #
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 severalstore a mobile driving licences, provided that these are issued by the same Member State on several devices.
Amendment 489 #
Proposal for a directive
Article 11 – title
Article 11 – title
Exchange and replacement of driving licences issued by Member States
Amendment 490 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Subject to observance of the principle of territoriality of criminal and police laws, the Member State of normal residence may apply its national provisions on the restriction, suspension, withdrawal or cancellation of the right to drive to the holder of a driving licence issued by another Member State and, if necessary, exchange the licence for that purpose. Member States may, for the purposes of this paragraph, also exchange the driving licence of a driver having normal residence on their territory if he or she accumulated or lost the sufficient number of penalty points under their national demerit point system.
Amendment 492 #
Proposal for a directive
Article 11 a (new)
Article 11 a (new)
Article11a Interim driving licence 1. During the replacement, renewal or exchange of a driving licence that was issued by another Member State where the holder has his or her normal residence, the Member State performing the replacement, renewal or exchange shall issue an interim driving licence in a form of a certificate. The Commission shall propose standardised form of such a certificate through a delegated act by the end of 2025 with due regard to any risk of forgery of such a document in accordance with Article 21. 2. The certificate issued by a Member State under this Article shall be valid for a period of one month or shorter and be mutually recognised by Member States. Where the replacement, renewal or exchange of the driving licence is taking longer amount of time Member States may renew this certificate twice, each for the period of one month or shorter.
Amendment 497 #
Proposal for a directive
Article 12 – paragraph 10 a (new)
Article 12 – paragraph 10 a (new)
Amendment 510 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. By way of derogation from Article 7(1), points (b) and (d) respectively, Member States shall issue driving licences, in accordance with Article 10(1), for categories B, C and C1 marked with the Union code 98.02 specified in Annex I, Part E, to applicants who have reached the age of 17 years.
Amendment 521 #
Proposal for a directive
Article 14 – paragraph 2 – point b
Article 14 – paragraph 2 – point b
(b) holds an EU driving licence of the relevant category issued more than five years ago;
Amendment 532 #
Proposal for a directive
Article 14 – paragraph 2 – point e
Article 14 – paragraph 2 – point e
(e) in the case of a vehicle of category C and C1 has the qualification and training provided by Directive (EU) 2022/2561.;
Amendment 540 #
Proposal for a directive
Article 14 – paragraph 2 – point e a (new)
Article 14 – paragraph 2 – point e a (new)
(ea) in the case of a vehicle category C and C1, has undergone a dedicated 7- hour training course to learn the necessary professional and pedagogical skills, as part of their periodic CPC training.
Amendment 541 #
Proposal for a directive
Article 14 – paragraph 2 – subparagraph 1 (new)
Article 14 – paragraph 2 – subparagraph 1 (new)
Member States may decide to increase the duration of the training to 14-hours.
Amendment 546 #
Proposal for a directive
Article 15 – title
Article 15 – title
Probationary period and basic road safety education
Amendment 557 #
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall lay down rules on penalties for novice drivers who drive with a blood alcohol or drug level exceeding 0.0g/mL and take all measures necessary to ensure that they are implemented. Those penalties shall be effective, proportionate, dissuasive and non-discriminatory.
Amendment 562 #
Proposal for a directive
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. Member States shall lay down rules on penalties for novice drivers who - fail to use safety equipment, - drive without a valid driving licence and take all measures necessary to ensure that they are implemented. Member State may use for that purpose their national demerit point systems. Those penalties shall be effective, proportionate, dissuasive and non-discriminatory.
Amendment 570 #
Proposal for a directive
Article 15 – paragraph 5 a (new)
Article 15 – paragraph 5 a (new)
5a. For drivers obtaining a new category during their probationary period for category B, the probationary period for the new category can be reduced/merged based on the already completed probationary period, which cannot be shorter than six months.
Amendment 572 #
Proposal for a directive
Article 15 – paragraph 5 b (new)
Article 15 – paragraph 5 b (new)
5b. Member States are encouraged to include age-appropriate training on road safety rules and traffic risk awareness trainings as part of their elementary and secondary school curricula. Member States may use revenues earmarked under Directive 2015/413 to financially support such initiatives. The Commission may use the resources indicated in Article 8a of the same Directive to also financially support such initiatives.
Amendment 574 #
Proposal for a directive
Article 16 – paragraph 1 – subparagraph 2
Article 16 – paragraph 1 – subparagraph 2
Driving examiners already working in that capacity before 19 January 2013entry into force of this Directive shall be subject only to the requirements concerning quality assurance and regular periodic training measures.
Amendment 578 #
Proposal for a directive
Article 17 – paragraph 1 – subparagraph 1
Article 17 – paragraph 1 – subparagraph 1
For the purposes of this Directive, normal residence shall be the place where a person usually lives, that is for at least 185 days in each calendar year, because of personal andor occupational ties, orand, in the case of a person with no occupational ties, because of personal ties which show close links between that person and the place where he or she is living.
Amendment 581 #
Proposal for a directive
Article 17 – paragraph 4
Article 17 – paragraph 4
4. By way of derogation from Article 10(1), point (e) and for the specific purpose of the first issuance of a driving licence of category B, an applicant whose Member State of normal residence is different from his or her Member State of citizenship may have his or her driving licence issued by the latter, where the Member State of normal residence does not provide for the possibility to pass the theoretical or practical tests in one of the official EU languages of the Member State of citizenship or with an interpreter.
Amendment 585 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall apply the equivalences established by Commission Decision (EU) 2016/194564 between entitlements obtained before 19 January 2013entry into force of this Directive and the categories set out in Article 6 of this Directive. __________________ 64 Commission Decision (EU) 2016/1945 of 14 October 2016 on equivalences between categories of driving licences (OJ L 302, 9.11.2016, p. 62).
Amendment 586 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Any entitlement to drive granted before 19 January 2013entry into force of this Directive shall not be removed or in any way qualified by the provisions of this Directive.
Amendment 589 #
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
Member States shall inform the Commission on a yearly basis about the number of driving licences issued, renewed, replaced, withdrawn and exchanged, for each category, including data on the issuance and use of mobile driving licences. Member States shall also inform the Commission within 3 months if the laws, regulations and administrative provisions they adopted, which are necessary to comply with this Directive, are changed in a way affecting the application of the provisions of this Directive.
Amendment 590 #
Proposal for a directive
Article 20 – paragraph 1 – subparagraph 1 (new)
Article 20 – paragraph 1 – subparagraph 1 (new)
Member States shall equally share data on their best practices as regards road safety measures and risk awareness trainings, especially as regards novice drivers and within the lifelong training, self-assessment on physical and mental fitness and other types of medical fitness checks per age group, use of support system per age group through feedback interventions with prove of participation and recommendations provided by a driving instructor, traffic psychologist or driving examiner as well as measures to increase road safety measures among vulnerable road users, including practices on micro mobility vehicles registration.
Amendment 592 #
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(89(2)(new), Article 10(8), Article 16(2) and Article 16(21(a)(new) shall be conferred on the Commission for a period of five years from [Date 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 593 #
Proposal for a directive
Article 21 – paragraph 3
Article 21 – paragraph 3
3. The delegation of power referred to in Article 4(8), Article 5(6), Article 8(2), Article 10(89(2)(new), Article 10(8), Article 16(2) and Article 16(21(a)(new) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 594 #
Proposal for a directive
Article 21 – paragraph 6
Article 21 – paragraph 6
6. A delegated act adopted pursuant to Article 4(8), Article 5(6), Article 8(2), Article 10(89(2)(new), Article 10(8), Article 16(2) and Article 16(21(a)(new) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council, or if before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 599 #
Proposal for a directive
Article 23 – paragraph 1
Article 23 – paragraph 1
Proposal for a Directive on the Driving licences
Article 14
Article 14
(c) from the age of 17, a vehicle in licence category C and C1, provided they hold a CPC as referred to in Article 6(1) and only under the conditions laid down in Article 14(2) of Directive [REFERENCE- TO- THIS-DIRECTIVE];
Amendment 605 #
Proposal for a directive
Article 23 – paragraph 1 a (new)
Article 23 – paragraph 1 a (new)
Directive (EU) 2022/2561
Article 5 – paragraph 3 – point a
Article 5 – paragraph 3 – point a
In Article 5, paragraph 3, point a is replaced by following: "3. Drivers of a vehicle intended for the carriage of passengers may drive: (a) from the age of 21: (i) a vehicle in driving licence categories D and D + E to carry passengers on regular services where the route does not exceed 50 kilometres and a vehicle in driving licence categories D1 and D1 + E, provided that they hold a CPC as referred to in Article 6(2). Any Member State may authorise drivers of vehicles in one of those categories to drive such vehicles within its territory from the age of 18, provided that they hold a CPC as referred to in Article 6(1); (ii) a vehicle in driving licence categories D and D + E, provided that they hold a CPC as referred to in Article 6(1). Any Member State may authorise drivers of vehicles in one of those categories to drive such vehicles within its territory from the age of 20, provided that they hold a CPC as referred to in Article 6(1). This may be reduced to the age of 18 where the driver drives such vehicles without passengers;lower the minimum age for categories D and DE for professional bus and coach drivers to 18 years on their territory, provided that drivers have undergone a full professional training and are holders of a Certificate for Professional Competence (CPC) according to the provisions of Article 6(1), of Directive (EU) 2022/2561;"
Amendment 622 #
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) basics of first aid
Amendment 624 #
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 involved in the interaction between different vehicle types due to different scale and driving dynamics.
Amendment 627 #
Proposal for a directive
Annex II – Part I – point A – point 4 – introductory part
Annex II – Part I – point A – point 4 – introductory part
4. Specific provisions concerning categories C, CE, C1, C1E, D, DE, D1, D1E and D1ET
Amendment 637 #
Proposal for a directive
Annex II – Part I – point A – point 4 – point 1 – point f
Annex II – Part I – point A – point 4 – point 1 – point f
(f) rules on vehicle weights and dimensions; rules on speed limiters, purpose and use of retarders/exhaust and brakes;
Amendment 644 #
Proposal for a directive
Annex II – Part I – point A – point 4 – point 1 – point h a (new)
Annex II – Part I – point A – point 4 – point 1 – point h a (new)
(ha) defensive and eco-driving: distance to the vehicle in front; curve overtaking, change of lane, priority; rules, speed limits;
Amendment 648 #
Proposal for a directive
Annex II – Part I – point A – point 4 – point 1 – point i
Annex II – Part I – point A – point 4 – point 1 – point i
(i) safety factors relating to vehicle loading: controlling the load (stowing and fastening), difficulties with different kinds of load (for instance liquids, hanging loads, …), loading and unloading goods and the use of loading equipment (categories C, CE, C1, C1E, T only);
Amendment 654 #
Proposal for a directive
Annex II – Part I – point B – point 5 – point 1 – point d – paragraph 1
Annex II – Part I – point B – point 5 – point 1 – point d – paragraph 1
Specific provisions concerning vehicles of category BE, C, CE, C1, C1E, D, DE, D1, D1E and D1ET
Amendment 658 #
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 or analog 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 664 #
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 or analog 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 671 #
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 or analog recording equipment as defined by Regulation (EU) No 165/2014;
Amendment 680 #
Proposal for a directive
Annex II – Part I – point B – point 5 – point 2 – point n a (new)
Annex II – Part I – point B – point 5 – point 2 – point n a (new)
(na) Category T Vehicle combinations consisting of a Class T tractor and a trailer: (a) the maximum speed of the tractor determined by the design is more than 40 km/h, (b) maximum speed of the vehicle combination more than 40 km/h, (c) dual-line brake system, (d) trailer with at least a closed loading area (chassis without a closed floor not permitted), (e) length of the trailer when using a rigid drawbar trailer at least 4.5 m and (f) length of the vehicle combination at least 7.5 m.
Amendment 692 #
Proposal for a directive
Annex II – Part I – point B – point 8 – introductory part
Annex II – Part I – point B – point 8 – introductory part
8. Skills and behaviour to be tested concerning categories C, CE, C1, C1E, D, DE, D1, D1E and D1ET
Amendment 693 #
Proposal for a directive
Annex II – Part I – point B – point 8 – point 1 – paragraph 1 – point f
Annex II – Part I – point B – point 8 – point 1 – paragraph 1 – point f
(f) checking the safety factors relating to vehicle loading: body, sheets, cargo doors, loading mechanism (if available), cabin locking (if available), way of loading, securing load (categories C, CE, C1, C1E, T only);
Amendment 694 #
Proposal for a directive
Annex II – Part I – point B – point 8 – point 1 – paragraph 1 – point g
Annex II – Part I – point B – point 8 – point 1 – paragraph 1 – point g
(g) checking the coupling mechanism and the brake and electrical connections (categories CE, C1E, DE, D1E, T only);
Amendment 697 #
Proposal for a directive
Annex II – Part I – point B – point 8 – point 2 – point a
Annex II – Part I – point B – point 8 – point 2 – point a
(a) coupling and uncoupling, or uncoupling and re-coupling a trailer from its motor vehicle; the manoeuvre must involve the towing vehicle being parked alongside the trailer (i.e. not in one line) (categories CE, C1E, DE, D1E, T only);
Amendment 698 #
Proposal for a directive
Annex II – Part I – point B – point 8 – point 2 – point c
Annex II – Part I – point B – point 8 – point 2 – point c
(c) parking safely for loading/unloading at a loading ramp/platform or similar installation (categories C, CE, C1, C1E, T only);
Amendment 699 #
Proposal for a directive
Annex II – Part I – point B – point 8 – point 3 – paragraph 1 – point e
Annex II – Part I – point B – point 8 – point 3 – paragraph 1 – point e
(e) changing direction: left and right turns; changing lanes, making a U turn;
Amendment 702 #
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 roundabout with a large vehicle; right and left driving; railway level crossings; tram/bus stops; pedestrian crossings; riding up-/downhill on long slopes; tunnels;
Amendment 704 #
Proposal for a directive
Annex II – Part I – point B – point 8 – point 3 – paragraph 1 – point i a (new)
Annex II – Part I – point B – point 8 – point 3 – paragraph 1 – point i a (new)
(ia) the various trailer to truck coupling mechanisms, taking into account the fifth wheel coupling for articulated vehicles (for semi-trailers), and drawbar hitch coupling for drawbar trailers (rigid truck), as well as the standard operating procedures and protocols for connecting and disconnecting trailers from trucks while using these coupling mechanisms;
Amendment 706 #
Proposal for a directive
Annex II – Part I – point B – point 8 – point 3 – paragraph 1 – point i b (new)
Annex II – Part I – point B – point 8 – point 3 – paragraph 1 – point i b (new)
(ib) the precautions to be taken when entering and exiting a vehicle in a safe way;
Amendment 709 #
Proposal for a directive
Annex II – Part I – point B – point 8 – point 4 – point a
Annex II – Part I – point B – point 8 – point 4 – point a
(a) driving in such a way as to ensure safety and to reduce fuel/energy consumption and emissions during acceleration, deceleration, uphill and downhill driving, distance to the vehicle in front, curve overtaking, change of lane, priority rules, speed limits;
Amendment 713 #
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, modern safety and driving aids, 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; 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 714 #
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; 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, T only); the comfort of the passengers (categories D, DE, D1, D1E only) (no fast acceleration, smoothly driving and no hard braking);
Amendment 719 #
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 intrinsic in-vehicle driving and/or safety aids (categories B, BE, C, CE, C1, C1E, D, DE, D1, D1E only);
Amendment 721 #
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; including new technologies; far, middle, near distance vision;
Amendment 727 #
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 731 #
Proposal for a directive
Annex III – point 1 – point 1
Annex III – point 1 – point 1
(1) Group 1: drivers of vehicles of categories A, A1, A2, AM, B, B1, BE and BET;
Amendment 746 #
Proposal for a directive
Annex III – point 3 a (new)
Annex III – point 3 a (new)
3 a. The Commission shall develop and promote evidence-based guidelines for family doctors and psychologists involved in assessing the functional capabilities of someone suspected of being an unfit driver and support Member States in developing and evaluating educational programmes for family doctors that are both effective and accepted by medical practitioners.
Amendment 768 #
Proposal for a directive
Annex III – point 11 – paragraph 2 – point 1 – paragraph 2
Annex III – point 11 – paragraph 2 – point 1 – paragraph 2
Neurological disturbances associated with diseasesevelopmental conditions, diseases or medical or surgical intervention affecting the central or peripheral nervous system, which lead to cognitive, behavioural, sensory or motor impairments and affect function, balance and coordination, shall accordingly be taken into account in relation to their functional effects and the risks of progression. In such cases, the issue or renewal of the licence may be subject to periodic assessment in the event of risk of deterioration.
Amendment 773 #
Proposal for a directive
Annex III – point 13 – paragraph 2 – point 1 – point a
Annex III – point 13 – paragraph 2 – point 1 – point a
(a) severe mental, cognitive or behavioural impairment, whether congenital or due to disease, trauma or neurosurgical operations;
Amendment 774 #
Proposal for a directive
Annex III – point 13 – paragraph 2 – point 1 – point b
Annex III – point 13 – paragraph 2 – point 1 – point b
Amendment 777 #
Proposal for a directive
Annex III – point 13 – paragraph 2 – point 1 – point c
Annex III – point 13 – paragraph 2 – point 1 – point c
(c) severe behavioural problems, ageing-linked behavioural problems; or personality impairments leading to seriously impaired judgment, behaviour or adaptability,
Amendment 783 #
Proposal for a directive
Annex III – point 14 – paragraph 2 – point 1 – paragraph 1
Annex III – point 14 – paragraph 2 – point 1 – paragraph 1
Driving licences shall not be issued to, or renewed for, applicants or drivers who are dependent on alcohol or unable to refrain from drinking and driving, unless appropriate restrictionthe driver remains under proper medical supervision and takes pare applied through the use of technologies enabling to offset the dependency (for example, through the mandatory use of an alcohol interlock)t in alcohol interlock rehabilitation programme that requires the use of alcohol interlock to drive a motor vehicle, provided that he or she proves to be suitable for this measure.