PURPOSE: to improve the EU-wide standard of initial qualification and periodic training for drivers of certain road vehicles for the carriage of goods or passengers.

LEGISLATIVE ACT: Directive (EU) 2018/645 of the European Parliament and of the Council amending Directive 2003/59/EC on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers and Directive 2006/126/EC on driving licences.

CONTENT: this Directive amends Directive 2003/59/EC to address a number of shortcomings relating to: (i) legal uncertainty in, the interpretation of exemptions; (ii) the content of the training, which was found to be only partially relevant for drivers' needs; (iii) difficulties for drivers in obtaining mutual recognition of completed or partially completed training undergone in another Member State; (iv) and inconsistencies of minimum age requirements between Directives 2003/59/EC and 2006/126/EC of the European Parliament and of the Council.

This Directive shall apply to the activity of driving carried out by nationals of a Member State, and nationals of third countries who are employed or used by an undertaking established in a Member State.

Exemptions : the Directive shall not apply to drivers of vehicles:

with a maximum authorised speed not exceeding 45 km/h ; used by, or under the control of, the armed forces, civil defence, the fire service, forces responsible for maintaining public order, and emergency ambulance services, when the carriage is undertaken as a consequence of the tasks assigned to those services; for which a driving licence of category D or D1 is required and which are driven without passengers by maintenance personnel to or from a maintenance centre situated in the vicinity of the nearest maintenance base which is used by the transport operator, provided that driving the vehicle does not constitute the driver's principal activity; used in states of emergency or assigned to rescue missions, including vehicles used in the non-commercial transport of humanitarian aid; used for non-commercial carriage of passengers or goods ; used, or hired without a driver, by agricultural, horticultural, forestry, farming or fishery undertakings for carrying goods as part of their own entrepreneurial activity, except if driving is part of the driver's principal activity or the driving exceeds a distance set in national law from the base of the undertaking which owns, hires or leases the vehicles.

Periodic training : periodic training shall focus on road safety, health and safety at work, and the reduction of the environmental impact of driving . The Directive strengthens certain important aspects of training, such as hazard perception; the protection of vulnerable road users, in particular pedestrians, cyclists and persons with limited mobility; fuel-efficient driving; driving in extreme weather conditions and carrying abnormal loads.

To ensure consistency between the different forms of training required under Union law, Member States shall have the possibility to combine different types of relevant training : for example, it should be possible for them to combine training on the transport of dangerous goods, on disability awareness or on animal transport, with the training provided for in Directive 2003/59/EC.

Training shall be organised by an approved training centre. Training shall consist of classroom teaching, practical training and, if available, training by means of information and communication technology (ICT) tools or on top-of-the-range simulators.

Union code : on the basis of the CPC certifying an initial qualification and the CPC certifying periodic training, Member States' competent authorities shall mark the harmonised Union code, ‘95’ , provided for in Annex I to Directive 2006/126/EC, alongside the corresponding categories of licence: on the driving licence, or on the driver qualification card drawn up in accordance with the model shown in Annex II to this Directive.

It is specified that those amendments do not invalidate the training undergone, or the driving licences issued to certify such training, before their application.

In addition, the Directive introduces in Directive 2006/126/EC an explicit derogation stipulating that driving licences may be issued at the minimum ages laid down in Directive 2003/59/EC.

Alternatively fuelled vehicles : in order to contribute to the reduction of greenhouse gas emissions and the improvement of air quality, Member States shall be given the possibility to allow, in their territory, holders of a category B driving licence to drive certain types of alternatively fuelled vehicles of which the maximum authorised mass is greater than 3 500 kg but does not exceed 4 250 kg .

Enforcement network : Member States shall develop, in cooperation with the Commission, an electronic network to exchange information on CPCs issued or withdrawn. They shall assist each other in the implementation of the Directive and exchange information on the permits they have issued, exchanged, replaced, renewed or withdrawn.

ENTRY INTO FORCE: 22.5.2018.

TRANSPOSITION: no later than 23.5.2020.

The European Parliament adopted by 604 to 80 with 7 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council amending Directive 2003/59/EC on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers and Directive 2006/126/EC on driving licences

Parliament’s position adopted in first reading following the ordinary legislative procedure amended the Commission proposal as follows:

The amended text states that in view of the binding target of a domestic reduction in economy-wide greenhouse gas emissions of at least 40 % by 2030 compared to 1990 endorsed by the European Council and the Paris Agreement long-term goals, a comprehensive approach is needed in the transport sector for the promotion of emission reductions and energy efficiency.

Clarification of exemptions : Members stated the Directive should not apply to drivers of vehicles:

assigned to ambulance emergency services; for which a driving licence of category D or D1 is required and which are driven without passengers by maintenance personnel to or from a maintenance centre situated in the vicinity of the nearest maintenance base which is used by the transport operator, provided that driving the vehicle does not constitute the driver's principal activity; used, or hired without a driver, by agricultural, horticultural, forestry, farming or fishery undertakings for carrying goods as part of their own entrepreneurial activity, except if driving is part of the driver's principal activity or the driving exceeds a distance set in national law from the base of the undertaking which owns, hires or leases the vehicle.

Furthermore, the Directive shall not apply to any person wishing to obtain a driving licence or a CP), when that person is undergoing additional driving training during work-based learning, where that person is accompanied by another person certified by a CPC, or a driving instructor.

Lastly, the Directive shall not apply where all the following conditions are met:

drivers of vehicles operate in rural areas to supply the driver's own business; drivers do not offer transport services; and Member States consider that the transport is occasional and does not have an impact on road safety.

Periodic training : periodic training shall place specific emphasis on road safety, health and safety at work, and the reduction of the environmental impact of driving.

Drivers should, among other things, be prepared to optimise fuel consumption and anticipate, assess and adapt to traffic risks, including:

how to prepare and plan a journey during abnormal weather conditions ; adapt to the risks of traffic, including dangerous behaviour in traffic or distracted driving (through the use of electronic devices, eating, drinking, etc.); recognise and adapt to dangerous situations and to be able to cope with stress deriving therefrom.

Training shall be organised by an approved training centre, It shall consist of classroom teaching, practical training and, if available, training by means of information and communication technology (ICT) tools or on top-of-the-range simulators.

The training subjects shall take into account developments in the relevant legislation and technology, and shall, as far as possible, take into account the specific training needs of the driver.

Union code : for the purposes of the Directive, the issuing Member State shall indicate the Union code, ‘95’ provided for in Annex I to Directive 2006/126 /EC in the remarks section of the attestation if the driver concerned has fulfilled the qualification requirements and training requirements provided for in this Directive.

Driver attestations that do not bear the Union code, ‘95’, and that were issued within 2 years of the entry into force of this amending Directive with a view to certifying compliance with training requirements under the Directive shall be accepted as a proof of qualification until their date of expiry.

Facilitating the use of alternatively fuelled vehicles: Member States may allow, in their territory, holders of a category B driving licence to drive certain types of alternatively fuelled vehicles of which the maximum authorised mass is greater than 3 500 kg but does not exceed 4 250 kg. That possibility to exceed 3 500 kg should be conditional upon the additional mass allowed being exclusively due to the excess of mass resulting from the alternative propulsion systems and should be subject to limitations and conditions intended to avoid negative effects on road safety.

Enforcement network : Member States shall exchange information on CPCs issued or withdrawn. For this purpose Member States shall, in cooperation with the Commission, develop an electronic network or work on an extension of an existing network.

The information contained in the CPCs, as well as information concerning the administrative procedures relating to CPCs, may be included in the network. Personal data will be processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council on data protection. Access to the network is secure.

The Committee on Transport and Tourism adopted the report by Peter LUNDGREN (EFDD, SE) on the proposal for a directive of the European Parliament and of the Council amending Directive 2003/59/EC on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers and Directive 2006/126/EC on driving licences.

The committee recommended that the European Parliament’s position, adopted at first reading under the ordinary legislative procedure, should amend the Commission proposal as follows:

Reducing greenhouse gas emissions : Members recalled that the greenhouse gas reduction target issued by the transport sector has been set at 20% below the 2008 level and should be reached by 2030. In order to achieve this, they stressed the need for sustainable mobility by encouraging the promotion of vehicles equipped with engines powered by alternative fuels , as well as high capacity vehicles in road or intermodal transport.

Exemptions : the following shall also be covered by the exemptions provided by the Directive:

vehicles assigned to emergency ambulance transportation services provided that the carriage is undertaken for the purposes assigned to them; vehicles without passengers returned to their depot by maintenance personnel; vehicles operating within a radius of less than a 100 km of their base, provided that driving the vehicle is not the driver's principal activity.

In addition, this Directive shall not apply to any person wishing to obtain a driving licence or a CPC when that person is undergoing additional driving training during work-based learning, provided that that person is accompanied by another person certified by a CPC, or a driving instructor, for the category of vehicle used for the purpose.

Periodic training : this shall consist of training to enable holders of a CPC to update the knowledge which is essential for their work, with specific emphasis, during at least one day’s training, on road safety and health and safety at work, and the rationalisation of fuel consumption, for example through eco-driving. Members also proposed specific requirements that would prepare drivers to drive safely in extreme weather conditions .

A significant part of the training shall take the form of conventional classroom teaching , a second part must consist of practical driving training on a training site and a third part may also be provided by the approved training centre on top-of-the-range simulators .

Training subjects shall take into account: (i) the developments in the relevant legislation and technology such as connected-vehicle driving; (ii) the specific training needs of the driver.

Road drivers shall, inter alia :

have familiarity with intelligent transport systems that make efficiency in driving and better route planning possible; be able to recognise dangerous situations on the road; ability to deal effectively with stress and dangerous driving; identify possible hasardous situations such as distracted driving caused by, for example, the use of smartphones and other electronic devices, as well as of in-vehicle technology.

Union code : a driver who drives vehicles used for the carriage of goods by road shall also have the right to prove that he or she has the qualification and training provided for in this Directive by means of the driver attestation provided for in Regulation (EU) No 1072/2009 of the European Parliament and of the Council, provided that it bears the Union code 95 . The issuing Member State shall indicate Union code 95 in the remarks section of the attestation if the driver concerned has fulfilled the training qualification and training requirements provided for in this Directive.

Register and control : Members called for the creation of a common EU-wide register in order to help the authorities in enforcing the law contained in those directives and in fighting illegal trade in fake licences.

PURPOSE: to improve the EU-wide standard of initial qualification and periodic training for drivers of certain road vehicles for the carriage of goods or passengers.

PROPOSED ACT: Council Regulation.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: around 33% of all journeys made by heavy goods vehicles in the EU cross borders between Member States. Around 8 % of cross-border transport in the EU involves busses or coaches.

Directive 2003/59/EC lays down the initial qualification and periodic training requirements for professional drivers of trucks and buses, thus improving safety on European roads.

Member States have been given significant flexibility in how they implement the Directive, for example on the specific content of driver training and on administrative procedures and the structure of the training system.

Having evaluated the implementation of the Directive, the Commission identified a number of shortcomings :

difficulties and legal uncertainty in the interpretation of exemptions; the content of the training , which was found to be only partially relevant for drivers' needs; difficulties for drivers in obtaining mutual recognition of completed or partially completed training undergone in another Member State; inconsistencies of minimum age requirements between Directive 2003/59/EC and Directive 2006/126/EC of the European Parliament and of the Council.

The objective of the proposal is to deal appropriately with the identified shortcomings. The revision of Directive 2003/59/EC would ensure the application of appropriate minimum training requirements and the recognition of training throughout the EU. It would remedy the current problem of mutual recognition which may affect some 46 700 drivers (2016).

IMPACT ASSESSMENT: the preferred solution to ensure mutual recognition involves issuing driver qualification cards to foreigners.

The preferred solution for addressing the training content is to strengthen content on road safety and fuel efficiency in the training courses and make it clear that it is possible to use e-learning/blended learning in the training courses.

CONTENT: the proposal amending Directive 2003/59/EC aims essentially to:

clarify exemptions : the Directive shall not apply to: (i) vehicles used by, or under the control of, the armed forces, civil defence, the fire service and forces responsible for maintaining public order when the carriage is undertaken as a consequence of the tasks assigned to those services; (ii) vehicles used in states of emergency or assigned to rescue missions; (iii) vehicles used for driving instruction and examination for any person wishing to obtain a driving licence; (iv) vehicles used, or hired without a driver, by agricultural, horticultural, forestry, farming or fishery undertakings for carrying goods as part of their own entrepreneurial activity; ensure that all holders of a CPC are issued either with mutually recognised code 95 on their driving licence, or with a mutually recognised driver qualification card ; ensure periodic training ensure at least safety objectives. Periodic training enables holders of a CPC to update the knowledge which is essential for their work, with specific emphasis on road safety and the rationalisation of fuel consumption; offer Member States the possibility to: (i) improve and modernise training practices with the use of ICT tools, such as e-learning and blended learning, for part of the training, while ensuring the quality of the training; (ii) combine different types of relevant training, such as training on the transport of dangerous goods, on disability awareness or on animal transport, with the training provided for in Directive 2003/59/EC; provide a clear derogation in Directive 2006/126/EC , stipulating that driving licences may be issued at the minimum ages provided for in Directive 2003/59/EC.