Committee Reports > List of Committees > Joint > 1976 > Committee on the Secondary Legislation of the European Communities > Report No. 33 - Motor Vehicle Driving Licences

REPORT

1. Introduction

In its eighteenth report (Prl. 5137) of 10th December, 1975 the Joint Committee dealt with the Commission’s original proposal for a Council Directive on the harmonisation of laws relating to motor vehicle driving licences. This proposal has been amended by the Commission pursuant to Article 149 of the EEC Treaty and the amended proposal (R/3075/75) takes account of the opinions expressed on the original proposal by the European Parliament and the Economic and Social Committee as well as the agreement on minimum requirements for the issue and validity of driving permits prepared by the Economic Commission for Europe in Geneva. In this report the Joint Committee proposes to comment on the provisions in the amended proposal.

2. Pro visions of Amended Proposal

The original proposal envisaged national driving licences being replaced by a standard Community driving licence which would be issued on the basis of common procedure and norms applicable in all Member States. The revised proposal does not seek to abolish national driving licences but provides that two years after its adoption, Community licences would be issued by Member States which would be valid for domestic and international traffic. The draft Directive prescribes the various categories for which the Community licence would be available, specifies criteria of validity and lays down minimum age requirements for particular categories. Up to a date, to be fixed by the Council within a five year period after the adoption of the Directive, a holder of a national driving licence who satisfies the age requirements may on request obtain the Community licence for the category or categories corresponding to those for which he holds a national licence. After that date Community licences would be issued only to those who pass practical and theoretical tests and satisfy medical requirements in accordance with rules which it is anticipated the Council will have adopted by that time.

3. Joint Committee’s Earlier Recommendations

The Joint Committee criticised the original draft Directive on the grounds of the elaborate number of the tests it proposed for prospective licensees as well as for the costly scheme of medical examinations it postulated. The amended proposals contain no such provision but envisage the Council prescribing appropriate provisions within five years of the Directive being adopted.

The Joint Committee was also critical of the original proposal in the following respects:—

(a) it would have involved for this country raising from 17 to 18 years the minimum age for a licence to drive a motor car;

(b) it would also have involved raising from 17 to 21 years the minimum age in the case of agricultural tractors; and

(c) it made no provision for licences at all in the case of cycles with auxiliary engines or motor cycles such as mopeds with a design speed not exceeding 40 km per hour.

The revised proposal contains the following provisions in relation to these matters:—

(i)as national licences are not being abolished the minimum age for a Community licence is being maintained at 18 for five years. The Commission will carry out a survey before 1st January, 1980 into accidents involving 17 and 18 year old drivers to enable a final decision to be reached;

(ii)the minimum age for agricultural tractors is to be fixed at 16 following the recommendation of the European Parliament; and

(iii)the Commission has intimated that “in view of the many problems involved” it is not possible to have a moped driving licence as suggested by the European Parliament.

4. Views of the Joint Committee

Acceptance of the amended proposal would involve adapting the categories in respect of which national licences are issued to bring them into line with those prescribed for Community licences. This should not present too much difficulty. As it has always favoured the general principle the Joint Committee considers therefore that the amended proposal should be welcomed and accepted.

The Joint Committee has however one misgiving which arises from the proposal that there be no Community licences for mopeds and other machines in that range. It is not too clear what effect this would have on national licences in that category. If it meant that Irish moped drivers required a national licence but other Community citzens required no licence at all to drive a moped in this country the Joint Committee would regard the development as most objectionable and one certainly to be avoided.

(Signed) CHARLES J. HAUGHEY,

Chairman of the Joint Committee.

30th June, 1976.