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Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006 on driving licences (Recast) (Text with EEA relevance)

EU Directive 2006/126 · Adopted 20 December 2006 · Extends to United Kingdom

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Directive 2006/126/EC of the European Parliament and of the Council

of 20 December 2006

on driving licences (Recast)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 71 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committeef1,

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treatyf2,

Whereas:

(1)

Council Directive 91/439/EEC of 29 July 1991 on driving licencesf3 has been significantly amended on several occasions. Now that new amendments are being made to the said Directive, it is desirable, in order to clarify matters, that the provisions in question should be recast.

(2)

The rules on driving licences are essential elements of the common transport policy, contribute to improving road safety, and facilitate the free movement of persons taking up residence in a Member State other than the one issuing the licence. Given the importance of individual means of transport, possession of a driving licence duly recognised by a host Member State promotes free movement and freedom of establishment of persons. Despite the progress achieved with harmonising the rules on driving licences, significant differences have persisted between Member States in the rules on periodicity of licences renewal and on subcategories of vehicles, which needed to be harmonised more fully, in order to contribute to the implementation of Community policies.

(3)

The possibility of laying down national provisions with regard to the period of validity provided for in Directive 91/439/EEC leads to the co-existence of different rules in different Member States and over 110 different models of driving licences valid in the Member States. This creates problems of transparency for citizens, police forces and the administrations responsible for the administration of driving licences and leads to the falsification of documents which sometimes date back several decades.

(4)

In order to prevent the single European driving licence model from becoming an additional model to the 110 already in circulation, Member States should take all necessary measures to issue this single model to all licence holders.

(5)

This Directive should not prejudice existing entitlements to drive granted or acquired before its date of application.

(6)

Driving licences are mutually recognised. Member States should be able to apply the period of validity prescribed by this Directive to a licence without a limited administrative validity issued by another Member State and whose holder has resided on their territory for more than two years.

(7)

The introduction of a period of administrative validity for new driving licences should make it possible to apply at the time of periodic renewal the most recent counter-falsification measures and the medical examinations or other measures provided for by the Member States.

(8)

On road safety grounds, the minimum requirements for the issue of a driving licence should be laid down. Standards for driving tests and licensing need to be harmonised. To this end the knowledge, skills and behaviour connected with driving motor vehicles should be defined, the driving test should be based on these concepts and the minimum standards of physical and mental fitness for driving such vehicles should be redefined.

(9)

Proof of fulfilment 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 will 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 motor vehicles. For reasons of transparency, such examinations should coincide with a renewal of driving licences and therefore be determined by the period of validity of the licence.

(10)

It is necessary to strengthen further the principle of progressive access to the categories of two-wheeled vehicles and to the categories of vehicles used for the transport of passengers and goods.

(11)

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.

(12)

The definitions of the categories should reflect to a greater extent the technical characteristics of the vehicles concerned and the skills needed to drive a vehicle.

(13)

Introducing a category of driving licences for mopeds will, in particular, increase road safety as regards the youngest drivers who, according to the statistics, are the hardest hit by road accidents.

(14)

Specific provisions should be adopted to make it easier for physically disabled persons to drive vehicles.

(15)

For reasons connected with road safety, Member States should be able to apply their national provisions on the withdrawal, suspension, renewal and cancellation of driving licences to all licence holders having acquired normal residence in their territory.

(16)

The model driving licence as set out in Directive 91/439/EEC should be replaced by a single model in the form of a plastic card. At the same time, this model driving licence needs to be adapted on account of the introduction of a new category of driving licences for mopeds and of a new category of driving licences for motorcycles.

(17)

The introduction of an optional microchip in the new plastic card model driving licence should enable the Member States to further improve the level of anti-fraud protection. Member States should have flexibility to include national data on the chip provided that it does not interfere with commonly accessible data. The technical requirements for the microchip should be determined by the Commission, assisted by the committee on driving licences.

(18)

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 thereby ensuring a more objective evaluation of driving licence applicants and achieving greater harmonisation of driving tests.

(19)

The Commission should be allowed to undertake the adaptation of Annexes I to VI to scientific and technical progress.

(20)

The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commissionf4.

(21)

In particular, the Commission should be empowered to establish the criteria necessary for the application of this Directive. Since those measures are of general scope and are designed to amend non-essential elements of this Directive, they should be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

(22)

Since the objectives of this Directive cannot be sufficiently achieved by the Member States and can therefore, by reason of their scale and their effects, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

(23)

This Directive should not prejudice the obligations of the Member States relating to the deadlines for transposition into national law and application of the Directives listed in Annex VII, Part B,

HAVE ADOPTED THIS DIRECTIVE:

Annotations to the whole text

Footnotes

f1

OJ C 112, 30.4.2004, p. 34.

f2

Opinion of the European Parliament of 23 February 2005 (OJ C 304 E, 1.12.2005, p. 202), Council Common Position of 18 September 2006 (OJ C 295 E, 5.12.2006, p. 1) and Position of the European Parliament of 14 December 2006 (not yet published in the Official Journal). Council Decision of 19 December 2006.

f3

OJ L 237, 24.8.1991, p. 1. Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

f4

OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

Contents

  1. 1Model licence
  2. 2Mutual recognition
  3. 3Anti-forgery measures
  4. 4Categories, definitions and minimum ages
  5. 5Conditions and restrictions
  6. 6Staging and equivalences between categories
  7. 7Issue, validity and renewal
  8. 8Adaptation to scientific and technical progress
  9. 9Committee
  10. 10Examiners
  11. 11Various provisions concerning the exchange, the withdrawal, the replacement and the recognition of driving licences
  12. 12Normal residence
  13. 13Equivalences between non-Community model licences
  14. 14Review
  15. 15Mutual Assistance
  16. 16Transposition
  17. 17Repeal
  18. 18Entry into force
  19. 19Addressees
  20. Annex I: PROVISIONS CONCERNING THE EUROPEAN UNION MODEL DRIVING LICENCE
  21. 1The physical characteristics of the card of the European Union model driving licence shall be in accordance with ISO 7810 and ISO 7816-1.
  22. 2Physical security of driving licences
  23. 3The licence shall have two sides.
  24. 4Special provisions
  25. EUROPEAN UNION MODEL DRIVING LICENCE
  26. Page 1
  27. Page 2
  28. SPECIMEN MODEL LICENCE Repealed
  29. BELGIAN LICENCE (for information) Repealed
  30. Annex II
  31. IMINIMUM REQUIREMENTS FOR DRIVING TESTS
  32. THEORY TEST
  33. 1Form
  34. Content of the theory test concerning all vehicle categories
  35. 2.1Questions must be asked on each of the points listed below, the content and form of the questions being left to the discretion of each Member State:
  36. Specific provisions concerning categories A1, A2 and A
  37. 3.1Compulsory check of general knowledge on:
  38. Specific provisions concerning categories C, CE, C1, C1E, D, DE, D1 and D1E
  39. 4.1Compulsory check of general knowledge on:
  40. 4.1aDivision 4.1a
  41. 4.2Compulsory check of general knowledge on the following additional provisions concerning categories C, CE, D and DE:
  42. TEST OF SKILLS AND BEHAVIOUR
  43. The vehicle and its equipment
  44. Vehicle transmission
  45. 5.1.1Division 5.1.1
  46. 5.1.2Division 5.1.2
  47. 5.1.3Specific provisions concerning vehicles of category BE, C, CE, C1, C1E, D, DE, D1 and D1E
  48. The vehicles used in tests of skills and behaviour shall comply with the minimum criteria given below. Member States may make provisions for more stringent criteria or add others. Member States may apply to vehicles of category A1, A2 and A, used in the test of skills and behaviour, a tolerance of 5 cm 3 below the required minimum cylinder capacity.
  49. Category A1:
  50. Category A2:
  51. Category A:
  52. Category B:
  53. Category BE:
  54. Category B1:
  55. Category C:
  56. Category CE:
  57. Category C1:
  58. Category C1E:
  59. Category D:
  60. Category DE:
  61. Category D1:
  62. Category D1E:
  63. Skills and behaviour to be tested concerning categories A1, A2 and A
  64. 6.1Preparation and technical check of the vehicle with a bearing on road safety
  65. Special manoeuvres to be tested with a bearing on road safety
  66. 6.2.1Division 6.2.1
  67. 6.2.2Division 6.2.2
  68. 6.2.3Division 6.2.3
  69. 6.2.4Division 6.2.4
  70. 6.2.5Braking: at least two braking exercises shall be executed, including an emergency brake at a minimum speed of 50 km/h; this should allow competence to be assessed in handling of the front and rear brake, vision direction and the position on the motorcycle.
  71. 6.3Behaviour in traffic
  72. Skills and behaviour to be tested concerning categories B, B1 and BE
  73. 7.1Preparation and technical check of the vehicle with a bearing on road safety
  74. 7.2Categories B and B1: special manoeuvres to be tested with a bearing on road safety
  75. Category BE: special manoeuvres to be tested with a bearing on road safety
  76. 7.3.1Division 7.3.1
  77. 7.3.2Division 7.3.2
  78. 7.3.3Division 7.3.3
  79. 7.4Behaviour in traffic
  80. Skills and behaviour to be tested concerning categories C, CE, C1, C1E, D, DE, D1 and D1E
  81. 8.1Preparation and technical check of the vehicle with a bearing on road safety
  82. Special manoeuvres to be tested with a bearing on road safety
  83. 8.2.1Division 8.2.1
  84. 8.2.2Division 8.2.2
  85. 8.2.3Division 8.2.3
  86. 8.2.4Division 8.2.4
  87. 8.3Behaviour in traffic
  88. Safe and energy-efficient driving
  89. 8.4.1Division 8.4.1
  90. Marking of the test of skills and behaviour
  91. 9.1For each of the abovementioned driving situations, the assessment must reflect the degree of ease with which the applicant handles the vehicle controls and his demonstrated capacity to drive in traffic in complete safety. The examiner must feel safe throughout the test. Driving errors or dangerous conduct immediately endangering the safety of the test vehicle, its passengers or other road users shall be penalised by failing the test, whether or not the examiner or accompanying person has to intervene. Nonetheless, the examiner shall be free to decide whether or not the skills and behaviour test should be completed.
  92. 9.2Division 9.2
  93. 9.3The driving examiner will furthermore assess whether the applicant is:
  94. 10Length of the test
  95. 11Location of the test
  96. IIKNOWLEDGE, SKILL AND BEHAVIOUR FOR DRIVING A POWER-DRIVEN VEHICLE
  97. Annex III: MINIMUM STANDARDS OF PHYSICAL AND MENTAL FITNESS FOR DRIVING A POWER-DRIVEN VEHICLE
  98. DEFINITIONS
  99. 1For the purpose of this Annex, drivers are classified in two groups:
  100. 2Division 2
  101. MEDICAL EXAMINATIONS
  102. 3Group 1:
  103. 4Group 2:
  104. 5Division 5
  105. EYESIGHT
  106. 6All applicants for a driving licence shall undergo an appropriate investigation to ensure that they have adequate visual acuity for driving power-driven vehicles. Where there is reason to doubt that the applicant’s vision is adequate, he/she shall 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.
  107. Group 1:
  108. 6.1Applicants for a driving licence or for the renewal of such a licence shall have a binocular visual acuity, with corrective lenses if necessary, of at least 0,5 when using both eyes together.
  109. 6.2Division 6.2
  110. 6.3Division 6.3
  111. Group 2:
  112. 6.4Applicants for a driving licence or for the renewal of such a licence shall have a visual acuity, with corrective lenses if necessary, of at least 0,8 in the better eye and at least 0,1 in the worse eye. If corrective lenses are used to attain the values of 0,8 and 0,1, the minimum acuity (0,8 and 0,1) must be achieved either by correction by means of glasses with a power not exceeding plus eight dioptres, or with the aid of contact lenses. The correction must be well tolerated.
  113. HEARING
  114. 7Division 7
  115. PERSONS WITH A LOCOMOTOR DISABILITY
  116. 8Division 8
  117. Group 1:
  118. 8.1Division 8.1
  119. 8.2Driving licences may be issued to or renewed for any applicant suffering from a progressive complaint on condition that the disabled person is regularly examined to check that the person is still capable of driving the vehicle completely safely.
  120. Group 2:
  121. 8.3Division 8.3
  122. CARDIOVASCULAR DISEASES
  123. 9Division 9
  124. 9.1For the following cardiovascular conditions, driving licences may be issued or renewed for applicants or drivers in the indicated groups, only after the condition has been effectively treated and subject to competent medical authorisation and if appropriate, regular medical assessment:
  125. 9.2For the following cardiovascular conditions, driving licences shall not be issued or renewed for applicants or drivers in the indicated groups:
  126. 9.3Other cardiomyopathies
  127. 9.4Division 9.4
  128. DIABETES MELLITUS
  129. 10Division 10
  130. Group 1:
  131. 10.1Division 10.1
  132. 10.2An applicant or driver with diabetes treated with medication which carries a risk of inducing hypoglycaemia shall demonstrate an understanding of the risk of hypoglycaemia and adequate control of the condition.
  133. Group 2:
  134. 10.3Consideration may be given to the issuing/renewal of group 2 licences to drivers with diabetes mellitus. When treated with medication which carries a risk of inducing hypoglycaemia (that is, with insulin, and some tablets), the following criteria should apply:
  135. 10.4Division 10.4
  136. NEUROLOGICAL DISEASES AND OBSTRUCTIVE SLEEP APNOEA SYNDROME
  137. NEUROLOGICAL DISEASES
  138. 11.1Driving licences shall not be issued to, or renewed for, applicants or drivers suffering from a serious neurological disease, unless the application is supported by authorised medical opinion.
  139. OBSTRUCTIVE SLEEP APNOEA SYNDROME
  140. 11.2Division 11.2
  141. 11.3Division 11.3
  142. 11.4Division 11.4
  143. 11.5Division 11.5
  144. EPILEPSY
  145. 12Epileptic seizures or other sudden disturbances of the state of consciousness constitute a serious danger to road safety if they occur in a person driving a power-driven vehicle.
  146. Group 1:
  147. 12.1Drivers assessed under group 1 with epilepsy should be under licence review until they have been seizure-free for at least five years.
  148. 12.2Division 12.2
  149. 12.3Division 12.3
  150. 12.4Division 12.4
  151. 12.5Division 12.5
  152. 12.6Division 12.6
  153. 12.7Division 12.7
  154. 12.8Division 12.8
  155. 12.9Division 12.9
  156. Group 2:
  157. 12.10Division 12.10
  158. 12.11Provoked 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 can be declared able to drive on an individual basis, subject to neurological opinion. An EEG and an appropriate neurological assessment should be performed after the acute episode.
  159. 12.12Division 12.12
  160. 12.13Division 12.13
  161. 12.14Epilepsy: 10 years freedom from further seizures shall have been achieved without the aid of anti-epileptic drugs. National authorities may allow drivers with recognised good prognostic indicators to drive sooner. This also applies in case of ‘juvenile epilepsy’.
  162. MENTAL DISORDERS
  163. Group 1:
  164. 13.1Driving licences shall not be issued to, or renewed for, applicants or drivers who suffer from:
  165. Group 2:
  166. 13.2Division 13.2
  167. ALCOHOL
  168. 14Division 14
  169. Group 1:
  170. 14.1Driving 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.
  171. Group 2:
  172. 14.2Division 14.2
  173. DRUGS AND MEDICINAL PRODUCTS
  174. 15Abuse:
  175. Group 1:
  176. 15.1Division 15.1
  177. Group 2:
  178. 15.2Division 15.2
  179. RENAL DISORDERS
  180. Group 1:
  181. 16.1Division 16.1
  182. Group 2:
  183. 16.2Division 16.2
  184. MISCELLANEOUS PROVISIONS
  185. Group 1:
  186. 17.1Division 17.1
  187. Group 2:
  188. 17.2Division 17.2
  189. 18Division 18
  190. Annex IV: MINIMUM STANDARDS FOR PERSONS WHO CONDUCT PRACTICAL DRIVING TESTS
  191. Competences required by a driving examiner
  192. 1.1Division 1.1
  193. 1.2Division 1.2
  194. 1.3Knowledge and understanding of driving and assessment:
  195. 1.4Assessment skills:
  196. 1.5Personal driving skills:
  197. 1.6Quality of service:
  198. 1.7Knowledge about vehicle technique and physics:
  199. 1.8Division 1.8
  200. General conditions
  201. 2.1A category B driving examiner:
  202. 2.2A driving examiner for the other categories:
  203. Equivalences
  204. 2.3.1Division 2.3.1
  205. 2.3.2Division 2.3.2
  206. 2.3.3Division 2.3.3
  207. Initial qualification
  208. Initial training
  209. 3.1.1Division 3.1.1
  210. 3.1.2Division 3.1.2
  211. Examinations
  212. 3.2.1Division 3.2.1
  213. 3.2.2Division 3.2.2
  214. 3.2.3Division 3.2.3
  215. Quality assurance and periodic training
  216. Quality assurance
  217. 4.1.1Division 4.1.1
  218. 4.1.2Division 4.1.2
  219. 4.1.3Division 4.1.3
  220. 4.1.4Division 4.1.4
  221. 4.1.5Division 4.1.5
  222. Periodic training
  223. 4.2.1Member States shall provide that, in order to remain authorised, driving examiners, irrespective of the number of categories for which they are accredited, undertake:
  224. 4.2.2Division 4.2.2
  225. 4.2.3Division 4.2.3
  226. 4.2.4Division 4.2.4
  227. 4.2.5Division 4.2.5
  228. Acquired rights
  229. 5.1Division 5.1
  230. 5.2Division 5.2
  231. Annex VMINIMUM REQUIREMENTS FOR DRIVER TRAINING AND TESTING FOR COMBINATIONS AS DEFINED IN THE SECOND SUBPARAGRAPH OF ARTICLE 4(4)(B)
  232. 1Member States shall take the necessary measures to:
  233. 2.1Duration of driver training
  234. 3Content of driver training
  235. 4Division 4
  236. Annex VIMINIMUM REQUIREMENTS FOR DRIVER TRAINING AND TESTING FOR MOTORCYCLES WITHIN CATEGORY A (PROGRESSIVE ACCESS)
  237. 1Member States shall take the necessary measures to:
  238. 2Duration of driver training
  239. 3Content of driver training
  240. 4Division 4
  241. Annex VII
  242. Part A
  243. REPEALED DIRECTIVE AS SUCCESSIVELY AMENDED(referred to in Article 17)
  244. Part B
  245. DEADLINES FOR TRANSPOSITION INTO NATIONAL LAW AND (referred to in Article 17)
  246. Annex VIIICORRELATION TABLE