THE ROYAL SOCIETY FOR THE PREVENTION OF ACCIDENTS RoSPA RESPONSE TO THE DFT S CONSULTATION PAPER EUROPEAN PROPOSALS FOR A THIRD DIRECTIVE ON DRIVING LICENCES 8
European Proposals for a Third Directive on Driving Licences This is the response of the Royal Society for the Prevention of Accidents (RoSPA) to the Department for Transport s consultation paper, European Proposals for a Third Directive on Driving Licences. RoSPA welcomes the invitation to comment, and our response has been prepared following consultation with RoSPA s National Road Safety Committee. Background An estimated 60% of the population of the European Union (around 200 million people) holds a valid driving licence. Many of these people make cross-border journeys or change their country of residence within the EU. Originally, the Vienna Convention on Road Traffic (1968) governed international cross-border traffic, requiring EC citizens who took up residence in another Member State to exchange their driving licence for one valid in their new country. They had to meet the age, testing and medical requirements of that state. However, the European Court of Justice declared this to be an obstacle to the free movement of persons. Therefore, the EC issued the First Council Directive 80/1263/EEC on the introduction of a Community driving licence which introduced the principle that Member States should recognise each other s driving licences without imposing new checks. The harmonisation of European Driving licences was further progressed by the Second EC Directive on Driving Licences. However, the legal systems of driver licensing (validity periods, age limitations, medical restrictions, etc) continue to differ considerably between member states. There are still more than 80 different types of driving licences currently valid and in use in the Member States of the European Economic Area. Therefore, the EC propose to introduce a Third Directive on Driver Licences to complete the harmonisation process. The proposed Directive is intended to enhance anti-fraud and security measures, and to improve road safety, mainly by reinforcing the principle of progressive access to vehicles (e.g., more powerful motorcycles, larger goods and passenger vehicles), and by reducing opportunities for driver licence fraud. RoSPA General Comment The proposals would help to prevent and combat driver licence fraud and forgery and to improve the free movement of people with the European Union. They also provide some road safety benefits, principally by encouraging progressive driving and riding experience, although we do not see major road safety gains for the UK arising from the proposals. One or two of the proposals would create road safety problems if implemented. 1
Specific Proposals Proposal: Deletion of the paper model driving licence The paper Community driving licence model should be abolished in order to limit the number of different licence models that are in circulation, and to enhance the protection against fraud. RoSPA supports this proposal. We believe it will make driving licence fraud and forgery more difficult and is a sensible practical measure. Proposal: Introduce Limited Administrative Validity and Medical Examinations Licences for mopeds, motorcycles, cars and light vans (categories AM, A1, A2, A, B, B1 and B+E) which are issued by Member States after the Directive comes into force would have a maximum administrative validity of 10 years. People over 65 years of age would have to renew their licence every 5 years. Goods and passenger carrying vehicles licences (categories C, C+E, C1, C1+E, D, D+E, D1, D1+E) issued by Member States after the Directive comes into force would have a maximum administrative validity of 5 years. People over 65 years of age with these licences would have to renew their licence every year. (This is already current practice in most Member States). The new rules would not apply to licences issued before the Directive came into force. But it would apply to licences that are renewed (after loss of theft, for example) after the Directive comes into force. Renewal would not require licence holders to take a test, and their entitlement to drive would not be affected. RoSPA supports these proposals, with one exception. Renewing a driving licence would require the licence holder to update their photograph and address details. This measure would enhance anti fraud and forgery measures, and make the introduction of changes to the driving licence (such as new anti-forgery techniques) easier to implement. This provides a road safety benefit by making it more difficult to drive, or take a driving test, using a false licence. We also believe that regular renewal of the driving licence would provide a perfect and important opportunity for the government to encourage drivers and riders to take refresher training. A promotional leaflet could be issued with the reminder notice. Given that the renewal is a purely administrative matter, and does not affect an individual s entitlement to drive, it does not seem clear at the moment what happens if an individual fails to renew their driving licence. Since they do not lose their entitlement to drive, it seem that such individuals would be entitled to drive on an outof-date licence. There is scope for considerable public confusion over this issue. Would failure to renew a licence invalidate the driver s motor insurance? However, we are concerned about the proposal to require drivers to renew their licence every five years from the age of 65. Currently, in the UK drivers must renew their licence every three years from age 70. We are not aware of any evidence to suggest that lowering the age to 65 years would improve road safety. 2
Proposal: Introduce Medical Checks on Renewal of Licence The proposals allow Member States to introduce medical requirements or checks when moped, motorcycle, car or light van driving licences are renewed if they choose to do so. But this is not mandatory. However, it is proposed that a medical examination would be required when renewing a medium and large goods vehicle or passenger carrying vehicle (category C and D) licence. This would mean that such licence holders up to 65 years old would have to pass a medical exam every five years and those over 65 years old would have to pass a medical exam every year. Currently, in the UK drivers of these vehicles are required to take regular medical checks from the age of 45 years. Therefore, this proposal would extend those medical checks to drivers under 45 years old. RoSPA supports the principle of regular medical checks for drivers of passenger carrying vehicles and medium and large goods vehicles. However, we are not aware of any evidence to suggest that extending these checks to drivers under the age of 45 years would provide road safety benefits. We believe the current UK system is sufficient. Proposal: Optional Introduction of a Microchip The EC propose to allow Member States to insert a microchip in the plastic card driving licence as protection against fraud. The function of the microchip would be limited to the function of a driving licence. RoSPA supports this proposal. In addition to the security and anti-fraud benefits, it is entirely sensible to take advantage of modern technology, and to future-proof the licence by introducing such technology now. It will be essential that the technology is reliable and accurate, and that information held on the microchip can be updated as required. It is not clear how the proposals will address issues such as data protection. Nor is it clear how, and by whom, the data on the chip can be accessed. Inclusion of Biometric Data and Multiple Uses of the Optional Computer Chip RoSPA agrees that the advantages of having a microchip on the driving licence would be further enhanced if the chip was able to contain biometric information (such as fingerprint or iris recognition) as this would increase driving licence security. It would be desirable for the driving licence chip to be able to interact with other smart card applications. 3
Motorcycles It is proposed to allow young people to use mopeds from age 14, but to permit Member States to refuse to recognise the validity on their territory of a driving licence for mopeds if the holder is under 16 years of age. The proposal introduces a new vehicle category (AM) for mopeds, which are defined as two or three-wheel vehicles with a maximum design speed not exceeding 45 km/h and characterised by an engine whose cylinder capacity does not exceed 50 cubic centimetres in the case of the internal combustion type, or whose maximum continuous rated power is no more than 4 kw in the case of an electric motor. Mopeds with a maximum design speed not exceeding 6 km/h as well as with pedal assistance are excluded. In the case of a three-wheel type moped, the maximum net power output of the engine may not exceed 4 kw in the case of other internal combustion engines. A theory test will be imposed as a minimum requirement for the entitlement to ride mopeds. Member States may introduce further requirements, such as a practical test or a medical examination. RoSPA believes that the UK s current minimum age of 16 years for riding a moped must be retained. It is also absolutely essential that the UK s current requirement that moped riders must pass CBT, a theory test and a practical test be retained. The idea of allowing young people to ride a two-wheel vehicle that is capable of reaching speeds of 45 km/h without practical training and testing is ludicrous. The UK should refuse to recognise the validity of a driving licence for mopeds issued by another member State where the rider is under 16 years of age. Light Motorcycles (Category A1) Light motorcycles (category A1) are currently defined as limited to 125 cc and 11 kw, but there is no limitation on the power to weight ratio. The EC proposes to amend the definition to add a power/weight ratio not exceeding 0.1 kw/kg in order to prevent the development of very light but powerful vehicles targeted at A1 licence holders. The proposal seems to indicate that a Member State would be unable to refuse to recognise the licence, issued by another Member State, of a rider of a light motorcycle aged between 16 and 17 years. RoSPA supports the proposed amended definition. However, the UK must retain the minimum age of 17 years for light motorcycles and the requirements for riders to pass CBT, a theory test and a practical test. We also believe that the UK should be able to refuse to recognise an A1 licence, issued by another Member State, if a rider is younger that the minimum age of 17 years set by the UK. 4
Motorcycles (Category A) Currently, after passing a test, motorcyclists are limited to motorcycles not exceeding a power/weight ratio of 0.16 kw/kg or a power of 25 kw for 2 years. Riders who are 21 years or older may ride motorcycles exceeding these limits without waiting 2 years if they pass a Direct Access or Accelerated Access test. The proposals would introduce a new "medium-sized" category A2 motorcycle definition to distinguish clearly the more powerful motor cycles and to prevent or discourage tampering of light machines to achieve high speed. The new categories would be: A2 (medium motorcycles): with or without sidecar; power not exceeding 35 kilowatts; power to weight ratio not exceeding 0.2 kw/kg; not derived from a vehicle of more than double its power. There would be a minimum licence age of 18 years and a mandatory practical test. Riders with less than 2 years experience on an A1 motorcycle would also have to pass a theory test. A (heavy motorcycles): all motorcycles, with or without sidecar. There would be a minimum age of 24 years (or 21 years for riders with 3 years or more experience of riding a smaller motorcycle) and a mandatory test. Riders with less than 3 years experience on an A2 motorcycle would also have to pass a theory test. RoSPA supports these proposals, with the exception that the UK s current minimum age of 17 years for access to A2 motorcycles should be retained. There may be practical implications for the UK s motorcycle training and testing industry arising from the re-definition of motorcycle categories which need to be considered. Cars and Light Vans (category B and B + E) The EC propose to amend the definition of cars and light vans (category B) from "having not more than eight seats in addition to the driver's seat" to "transporting no more than 8 passengers in addition to the driver". It is also proposed to change the rule about cars and light vans with trailers. A weight criterion of 750g would apply to the trailer only, and not to the vehicle and trailer combination. RoSPA supports the proposal to amend the definition of cars and light vans (category B) to "transporting no more than 8 passengers in addition to the driver". This would prevent seats being removed from larger vehicles in order to classify the vehicle as category B. RoSPA also supports the proposal to amend the rules about trailers so that the weight criterion applies to the trailer only. This seems much clearer and easier to understand. The UK s minimum driving age of 17 years should not be changed. 5
Medium and Large Goods Vehicles (categories C1, C1+E, C, C+E) It is proposed to reduce the upper weight limit (maximum authorised mass) for medium goods vehicles (C1) entitlement to 6.0 tonnes, as opposed to the present 7.5 tonnes. The EC argue that vehicles with a mass of less than 6000 kg are not fitted with air brakes or suspension systems and are generally built on an extended chassis for B vehicles. Vehicles exceeding 6000 kg are fitted with air brake/suspension systems and thus are more like smaller lorries and differ structurally from vans below 6000 kg. The minimum age for gaining a C1 and C1 + E licence would be reduced from 21 years to 18 years, but for gaining a C and C + E licence would remain at 21 years. The definition would also be amended to replace from "having not more than eight seats in addition to the driver's seat" to "transporting no more than 8 passengers in addition to the driver". RoSPA does not feel able to judge whether the proposed change from 7.5 tonnes to 6 tonnes is sensible or justified. RoSPA believes that the proposals in the Driving Licence Directive should match the requirements for progressive access for professional drivers established in the Driver Training Directive (Directive 2003/59/EC). This requires all professional drivers, from September 2008, to obtain a "Certificate of Professional Competence" (CPC) to continue in their profession. Young professional drivers (below age 21 for Category C and below age 24 for Category D) can have access to larger vehicles if they hold a Certificate of Professional Competence. RoSPA supports the proposal to amend the definition to "transporting no more than 8 passengers in addition to the driver". Minibuses, Buses and Coaches (categories D1, D1 + E, D, D + E) The definition of category D1 vehicles would be amended to replace "having not more than 16 seats in addition to the driver's seat" with "transporting no more than 16 passengers in addition to the driver". The length of D1 vehicles will also be limited to 7 metres. The definition of category D vehicles would be amended to replace "having more than 8 seats in addition to the driver's seat" with "transporting more than 8 passengers in addition to the driver". The minimum age for gaining a D1 and D1 + E licence would be 21 years, but for gaining a D and D + E licence would increase at 24 years. RoSPA supports the proposal to amend the definition to use the number of passengers rather than the number of seats as the criteria. Again, RoSPA believes that the proposals in the Driving Licence Directive should match the requirements for progressive access for professional drivers established in the Driver Training Directive (Directive 2003/59/EC). 6
Minibus and medium Goods Vehicle Equivalence The EC propose that minibus (category D1) licence holders aged 21 years or older would be permitted to drive medium goods vehicles (category C1) and vice-versa. The reasoning appears to be that the vehicles are relatively similar. RoSPA strongly opposes this proposal. Transporting passengers is very different from transporting boxes. Passenger comfort and care is an important aspect of minibus driver training, but not of goods vehicle driver training. Novice Licences The draft Directive proposes that Member States may limit the period of validity of the first driving licence for mopeds, motorcycles, cars or light vans to 3 years. This would not match the provisions of the New Drivers Act in Great Britain and the corresponding legislation in Northern Ireland, which mean that drivers who gain 6 or more penalty points on their licence within the first 2 years of driving, lose their licence and must re-take the theory and practical tests. Most research indicates an elevated crash risk for novice drivers in the first two years after gaining a full driving licence. Therefore, we believe that the limited period of validity for novice driver licences should be two years, not three years. This would also have the advantage of complementing the requirement s of the UK s New Driver Act under which a new driver s licence is revoked if they acquire six or more penalty points within two years of passing their test. Driving Examiners The EC proposes to introduce annual re-testing of driving examiners, together with a requirement that driving examiners should have teaching skills. It is also proposed that examiners for the larger categories of vehicle should have experience of, and qualification in, testing in the smaller categories. We believe that the UK s current regime for training and monitoring driving examiners is sufficiently robust. 7
Withdrawn Licences Member States would not be permitted to issue a new driving licence to a person whose driving licence has been withdrawn by their home Member State. RoSPA strongly supports this proposal. It is obviously important that drivers who are disqualified in one Member State do not simply take their bad driving, and the risks it creates, to another Member State. This proposal would support the 1998 Convention on Driving Disqualifications. RoSPA thanks the DfT for the opportunity to comment on the proposals. We have no objection to the contents of our response being reproduced or attributed. Road Safety Department RoSPA Edgbaston Park 353 Bristol Road Birmingham B5 7ST 0121 248 2000 www.rospa.com www.rospa.com/drivertraining 8