DRAFT RESPONSE TO THE DRIVING STANDARDS AGENCY S CONSULTATION PAPER FURTHER EUROPEAN CHANGES TO DRIVING LICENCES AND DRIVING TEST REQUIREMENTS 22 AUGUST 2013
Introduction The Royal Society for the Prevention of Accidents This is the response of the Royal Society for the Prevention of Accidents (RoSPA) to the Driving Standards Agency s consultation paper, Further European Changes to Driving Licences and Driving Test Requirements. RoSPA thanks the DSA for the opportunity to comment on the proposals. Our response has been prepared following consultation with RoSPA s National Road Safety Committee. EU Directive 2012/36/EU amends the 3rd Directive on Driving Licences and introduces changes to driver licensing and the vehicles that can be used to take the driving test. The Road Traffic Act 1988 and the driving licence regulations need to be amended to implement these changes. The majority of them must be introduced by 31 December 2013, except those relating to large motorcycles which do not have to be introduced until 31 December 2018. The changes are: 1. Updating the list of codes on driving licences to show driving entitlements and restrictions 2. Allowing a tolerance of 5cc below the minimum specified engine size for motorcycles that can be used for the test (categories A1, A2 and A) 3. Reducing the minimum engine power requirement for medium motorcycles used for the test (category A2) 4. Raising the minimum engine power requirement for large motorcycles used for the test (category A) 5. Introducing a minimum, mass weight requirement, for category A motorcycles used for the test (category A) 6. Changes to the test for non-professional medium sized lorry drivers (category C1) and a new restriction code 7. Removing the need for 8-forward gear ratios for large test vehicles (category C) 8. Allowing people who hold a manual entitlement in either category B, BE, C, CE, C1, C1E, D, D1E, to be allowed to take their large vehicle test (categories C and D) on an automatic vehicle but gain a manual driving licence entitlement. Some of these changes are compulsory if the UK is to meet its legal duty to comply with the Directive, and therefore, the DSA is not consulting on them. They are: Updating the list of codes put onto driving licences to show driving entitlements and restrictions Allowing a tolerance of 5cc below the minimum specified engine size for motorcycles that can be used for the test (A1, A2 and A) Reducing the minimum engine power requirement for medium motorcycles used for the test (A2) Introducing a minimum, mass weight for category A motorcycles used for the test. The DSA is seeking views on its proposed approach to the other changes: Changes to the test for non-professional medium sized lorry drivers (category C1) Removing the need for 8-forward gear ratios for large test vehicles (category C) Allowing people who hold a manual entitlement in either category B, BE, C, CE, C1, C1E, D, D1E, to be allowed to take their large vehicle test (categories C and D) on an automatic vehicle but gain a manual driving licence entitlement.
Changes to the test for non-professional medium sized lorry drivers (category C1) as shown on the licence by a new restriction code This is an optional change that would allow anyone wanting to gain a licence to drive a C1 or C1+E vehicle on a non-professional basis to take a slightly adapted driving test. For the theory test, questions on drivers hours would be removed and for the practical test a vehicle without a tachograph could be used. After a driver had passed the test they would have a restriction code 97 put onto their licence, which would restrict the driver to only being able to drive such a vehicle in a non-professional, non-commercial capacity. If the driver wished to drive such vehicles in a professional/commercial capacity, for work purposes, they would need to take an original C1 test. The DSA does not intend to introduce this change because the UK already makes allowances for professional and non-professional drivers by having a modular driving test for lorry and bus drivers, including category C1. Professional drivers take all 4 modules and gain a professional driver Certificate of Professional Competence (CPC), whereas, nonprofessional drivers only take 2 modules as they are not required to hold a driver CPC. In 2011/2012, only 2,141 C1 tests were taken, most of which were taken using vehicles provided by professional driver trainers or employers, and which met all of the minimum test vehicle standards, including a tachograph. It is highly unlikely that it would be financially viable for training companies to invest in training vehicles that do not meet all of the required vehicle standards for the driving test on the basis that some non-professional drivers may approach them for training. To introduce a new test for non-professional drivers would also require changes to be the DSA IT systems, which would be expensive, and the low demand for C1 tests would mean some of the costs would need to be recovered from other services. Do you agree that DSA should not introduce a new non-professional test for category C1? RoSPA agrees that a new test for non-professional medium sized lorry drivers (category C1) should not be introduced in the UK. The costs involved, and the likely small demand for such a test, do not justify its introduction. The current modular driving test for lorry and bus drivers, including category C1, already provides a distinction between professional lorry drivers and non-professional ones.
Removing the need for 8 forward gear ratios for category C vehicles used for the large vehicle test. Currently, category C test vehicles (large lorries) that are used for driving tests must have 8- forward gear ratios. However, vehicle manufacturers are producing vehicles with semiautomatic or hybrid transmission systems. This means that it is becoming increasingly difficult and expensive to find a large vehicle that has 8-forward gears. Therefore, regulations for driving test vehicles need to change to allow these newer vehicles to be used for driving tests. The DSA proposes to amend legislation so that candidates for the large vehicle (lorry) test are no longer restricted to using a vehicle with 8-forward gear ratios, although they may continue to use them for the test, if they wish. Do you agree that the need for 8 forward gear ratios for category C vehicles used for the large vehicle test should be removed? RoSPA agrees that category C vehicles used for the large vehicle test should no longer be restricted to vehicles with 8-forward gear ratios, although they should be able to be used if candidates wish to do so. Apart from the practical difficulties of finding such vehicles now that vehicle manufacturers are producing large vehicles that do not have 8 forward gears, it is important that the vehicles used for the test, and for training, are representative of the type of vehicle that the drivers will be driving once they are licensed. Therefore, if lorry drivers are likely to be driving large vehicles with these different types of gear systems, then it is important that they can be trained and tested in such vehicles. Allowing those persons who take a lorry or bus test on an automatic vehicle to gain a manual entitlement for those vehicles, if they already hold a manual entitlement in the following categories: B, B+E, C, C+E, C1, C1+E, D, D+E and D1+E. To obtain a large vehicle driving licence a driver must first hold a car driving licence. Currently, a driver who then takes a lorry or bus test in an automatic vehicle is restricted to only being able to drive large an automatic lorry or bus. The DSA is consulting on: whether to allow anyone who takes a test in an automatic vehicle, to gain a manual driving entitlement to drive that vehicle, if they already hold a manual entitlement in another vehicle category (other than motorcycles) whether anyone who already holds an automatic large vehicle licence, should also be allowed to drive manual vehicles in those categories, if they already hold a manual licence in another vehicle category (other than motorcycles).
The DSA believe that this will offer flexibility to driver trainers, as they will be able to use cheaper, more readily available automatic vehicles. The DSA does not believe that it would have any effect upon road safety because large vehicle drivers will have already proved competence in a manual vehicle in a lower category, which may be a slightly smaller lorry or bus (categories C1 and D1). Also bus and lorry drivers are required to take regular, periodic training to maintain their driving competence and professionalism (CPC). Do you agree that drivers who have passed their large vehicle test on an automatic vehicle, are given a manual licence instead of an automatic one, if they already hold a manual entitlement in another vehicle category such as car? Do you think that existing holders of automatic large vehicle licences should also be given a manual entitlement when they exchange their licence for any reason? RoSPA does not agree with these two proposals because we believe that driving a manual transmission vehicle is significantly different to driving an automatic transmission vehicle. The consultation paper says large vehicle drivers will have already proved competence in a manual vehicle in a lower category, which may be a slightly smaller lorry or bus (categories C1 and D1). However, the proposal would also allow this if a driver had a manual car licence. Therefore, it would allow a driver who had passed a large lorry or bus test in an automatic lorry or bus, to then drive a manual lorry or bus, just because they had a car licence that allows them to drive manual cars. The DSA also point out that professional bus and lorry drivers must take periodic CPC training. However, this training is normally theory-based training, rather than practical invehicle driver training, so RoSPA does not think it is a justification for the proposal to allow drivers tested on an automatic lorry or bus to drive a manual one. Driving 3-wheeled vehicles on a car licence The Third European Directive requires that three-wheeled vehicles now fall within the motorcycle, rather than the car category for driver licensing purposes, and so provisional licence holders obtaining licences after 19 January 2013 must pass a test on a motorcycle to gain three-wheeled vehicle entitlement. However, the Directive gives Member States the option of allowing drivers who hold a full category B (car) licence to be able to drive three-wheeled vehicles above 15KW power rating, provided that they are at least 21 years of age. The DVLA would like to know if it would be a good idea for the UK to take up this option.
Please say whether you agree that drivers of at least 21 years of age should be allowed to drive 3-wheeled vehicles on a full car licence? RoSPA agrees that drivers should be allowed to drive three-wheeled vehicles on a full car licence However, this does not address the real issue with licensing three-wheeled vehicles. There is a very wide range of different types of three-wheeled vehicles, some of which are more similar to motorcycles than cars, and some of which are more similar to cars than motorcycles. Arguably when considering the level of competence required of drivers, the number of wheels on the vehicle (except in the case of two-wheeled vehicles) is not the primary consideration. Some three wheeled vehicles are very powerful and need high levels of skill to be driven safely. Others occupy the other end the performance spectrum. It does not seem satisfactory that a person with a car licence can drive a three-wheel vehicle, such as a trike, that has controls similar to a motorcycle (and could be described as a motorcycle with an extra wheel). Equally, it is unsatisfactory that a person with a motorcycle licence can drive a three-wheeled vehicle that has controls similar to a car (and could be described as a car with one less wheel). The driver licensing system for threewheeled vehicles is not based on risk and does not reflect the wide variety of types of threewheeled vehicles currently in use or that might be manufactured in the future. Where the vehicle is in all respects a three (as opposed to a four) wheeled car or where it is only low powered, there is no intrinsic reason why the driver needs to have achieved the age of 21 years. Consultation Process RoSPA strongly objects to being forced to submit its response on the online form provided by the DSA. The form restricts our response in that it does not provide a facility to explain, or add caveats, to responses where we have agreed with the proposals. Insisting on the use of an online form must also cause problems for respondents who do not use the internet. The DSA should accept responses that are submitted in writing (provided that they are not anonymous) if a respondent prefers to respond in this manner, rather than through an online form. In addition to completing the DSA s online form, we have sent a copy of our full response to consultations@dsa.gsi.gov.uk. RoSPA thanks the Driving Standards Agency for the opportunity to comment on the proposals. We have no objection to our response being reproduced or attributed. Road Safety Department RoSPA 28 Calthorpe Road Birmingham B15 1RP www.rospa.com.