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Activists Newsletter April 2006

EUROPE BRIEF - European Bandwagon Moves Against Motorcycling

Issued 30th March 2006

The Motorcycle Action Group (MAG) has condemned the latest EU decision on motorcycle licensing which has shown the bureaucrats in their true colours.

MAG says, "This is total war!"

The EU has rammed through the Directive in a way that shows contempt for motorcyclist's views.

They want bikes off the road.

The safety bureaucrats have become target obsessed, setting accident reduction targets using statistics that are baloney.

They have totally lost a sense of balance between riders’ reasonable expectations for mobility and the prevention of accidents.

To real enthusiasts who would clear any hurdle to get a licence it might seem inconceivable that legislation would really stop anyone getting on two wheels but past experience proves otherwise.

The trouble is that the safety bureaucrats know that not all riders are enthusiasts, they know that many people will be put off by a draconian training regime, so that is what they have concocted. This isn't rocket science but it is effective. The 1981 Transport Act in the UK sent bike sales into freefall and these people know that and want to produce the same
effect across Europe.

Many riders who already have licenses might question why they should care. MAG cares because MAG always takes the long view. MAG defends motorcycling and recognises that the licence directive is just one weapon in the safety bureaucrat's armoury that is designed to stop young people taking up motorcycling. There is no limit to the zealots’ appetite for accident reduction, they are pursuing a 50% reduction in road accident fatalities by 2010 and they see motorcyclists as an obstacle to achieving that.

European Commission Vice President Jacques Barrot recently stated, "We have 6% more deaths since the year 2000 caused by motorbikes. We have to take very targeted action there." His biased statement conflicts with research which indicates that the primary blame for accidents with motorcycles and other vehicles lies with the other vehicle driver at least 40% of the time.

Given that it is MAG's opinion that the emphasis should be on other vehicle drivers yet the directive does not address car drivers via the licensing "regime" for these vehicles.

MAG suspects that the extremists in the road safety lobby cannot be appeased on the basis of accident reduction alone, they have to be philosophically and politically defeated.

We have to be more determined to preserve biking than they are to destroy it.

MAG defends the right to ride motorcycles and we will protect for that right forever.

We are now engaged in a game of survival of the most determined and the European Commission is going to learn how determined MAG is.

1. The motorcycle part of the directive will mean that:

• The minimum age for riding bikes over 125cc/11kW but less than 35kW rises
  from 17 to 19.
   
• The minimum age for riding bikes of over 35kW rises to 21.
   
• For Progressive Access there will be rigid two year steps between categories A1 (Light Motorcycle), A2 (less than 35kW Motorcycle) and A (Unlimited Motorcycle).
   
• Riders will be required to take either a minimum number of hours of training or a practical motorcycle test to progress from each category.
   
• For Direct Access where riders can train and test to qualify for over 35kW motorcycles the minimum age will rise from 21 to 24. With a possible derogation upwards on age from 24 by member states, (To be confirmed)
   
• Minimum Test Vehicle specifications will not be democratically decided and may include minimum engine capacities of 600cc for category A2 and 800cc for category A.

This flexibility empowers individual European countries to introduce age requirements which really makes a mockery of the whole concept of a European harmonized motorcycle licence without evidence for safety benefits and at this stage are due to be implemented by 2012.

2. Details of full licensing regime from the European Commission Directorate General for Energy and Transport Here

3. Review MAG’s report on the directive Here 

4. MAG reiterates its call for the motorcycle part of the directive to receive a full Second Reading in the European Parliament complete with a Conciliation Committee being convened with the view to deleting the motorcycling proposals from the directive and working to address the real issues of motorcycle safety.

The 22 member National Organisations have been represented in the European institutions and parliament by the Federation of European Motorcyclists Associations (FEMA) which has seen a coordinated approach with FIM (Fédération Internationale de Motocyclisme) and ACEM, the Motorcycle Industry in Europe.

Following the deferral announcement in December 2005 MAG stated that the licensing directive as it stands represents a huge obstacle to the young and new motorcyclist wanting to gain a full licence and will deter tens of thousands from pursuing the option. The  EU package threatens environmental security and riders’ safety and should be totally
re-thought.

• The British Motorcyclists Federation (BMF) stated earlier in 2005 that the main concern is that the motorcycle-related aspects will simply make motorcycling less accessible to prospective users, not safer. Legislation should be properly formulated and intended to reduce casualties by making motorcycling safer for everyone say the BMF. The BMF regards the motorcycling elements of the Directive as unworkable with few, if any, benefits to motorcycling but considerable disincentives to ride motorcycles.
   
• The UK Motor Cycle Industry Association (MCI) stated in August 2005 that the proposals for motorcycling are among the most draconian ever seen and discriminate particularly badly against people who wish to take up motorcycling either for commuting purposes or for leisure and touring. Once again Brussels is ignoring road safety evidence so that it can simply blame motorcyclists for motorcycle accidents, while ignoring the deficiencies of other road users. New car drivers will not face such heavy-handed treatment despite their frequent involvement in road accidents. These new proposals are unfair, unjustified, discriminatory and simply not acceptable to the UK motorcycle community. The motorcycle industry and rider groups in Europe have proposed a set of amendments to the Directive and MCI strongly urges to the UK Government to table these and put an end to this Euro madness.
   
• ACEM, the Motorcycle Industry in Europe stated in December 2005 while taking note of the outcome of the Council meeting, restates that important parts of the motorcycle access scheme, as drafted in the compromise proposal, are unjustified, illogical and even run counter to the stated objectives of the European Commission.
   
• The FIM (Fédération Internationale de Motocyclisme)/UEM (Union Européenne de Motocyclisme) stated in October 2005 that it is still lobbying and negotiating together with FEMA and ACEM and with the assistance of EPPA to get too strict rules removed from the law text. At this stage we are pointing our arrows on the proposed compulsory test when upgrading from the restricted license A2 to the unrestricted license A. Main arguments to get this test removed are that there is no safety based evidence for such a test in the EU cofunded motorcycle safety study MAIDS, that any extra burden to the citizen does not invite them to follow the stepped system and is therefore counter-productive to the goal of the system and that this additional threshold to motorcycle riding will have a negative effect on the motorcycle and motorcycling economy, representing a large number of jobs and a high economical value.
   
• ETRA: The motorcycle dealers in Europe in January 2006 stated the text prepared by the Luxembourg Presidency and integrally proposed by the British Presidency at last Council of Transport Ministers, does not facilitate and reward the citizen, who decides to access the different categories of Power Two Wheelers in a progressive way. Instead, he/she is constrained to take new exams or training at every step.
   
• FEMA stated in December 2005 that the whole motorcycle sector welcomes the outcome of the Council meeting. Citizens deserve good legislation and good legislation takes time. Important parts of the motorcycle access scheme, as they are proposed in the compromise proposal, are unjustified, fundamentally illogical and even countering the stated objectives of the European Commission. We believe it is now time for the EU institutions to acknowledge that the compromise proposal made in June is politically dead. We urge the Council, under the upcoming Austrian Presidency, and the European Parliament to take the opportunity to appropriately review the proposal. This should be done in co-operation with the stakeholders, as it is in everybody's interests to achieve a workable and effective licensing scheme for motorcycles. We believe it is now time for the EU institutions to acknowledge that the compromise proposal made in June is politically dead. We urge the Council, under the upcoming Austrian Presidency, and the European Parliament to take the opportunity to appropriately review the proposal. This should be done in co-operation with the stakeholders, as it is in everybody's interests to achieve a workable and effective licensing scheme for motorcycles.
   

OVERVIEW OF THE NEW PROPOSED LICENSING SYSTEM

A1
16 years
Theory and practical test
Up to 17 or 18 years possible

A2
18 years
Theory and practical test
Holding category A1 for 2 years, passing a test or complete a training only.

2 years minimum between A1 and A2: if minimum age for category A1 fixed by MS (Member State) at 17 or 18 years, the minimum age for category A2 is 19 or 20 years

A
20 years for progressive access
Passing a test or complete a training
2 years minimum between A2 and A: if minimum age for category A2 fixed by MS at 19 or 20 years, the minimum age for category A is 21 or 22 years

A
24 years for direct access
Theory and practical test

B1
16 years
Theory and practical test

B and B+E
18 years
Theory and practical test
17 years possible for B and B*E on national territory only

C1 and Cl+E
18 years
Theory and practical test
For professional drivers. the age and training requirements of Directive 2003/59/EC' need lo be complied with

C and C+E
21 years
Theory and practical test

D1 and D1+E
21 years
Theory and practical test
D and D+E
24 years
Theory and practical test

31st March, 2006

An unreasonable compromise - The Council of Ministers agrees on the Driving Licence Directive

The European Parliament turns a blind eye on motorcycling citizens On Monday 27th of March, the European Union Member States agreed on a compromise text for a new Driving Licence Directive (DLD), which following an agreement with key Members of the European Parliament (MEPs) is now expected to be fast-tracked and rubber stamped by the European Parliament without further amendments before June.

Using genuine road safety concerns for questionable provisions, the DLD is seeking to introduce a range of measures that restrict access to motorcycling through regulatory requirements of unjustified complexity and cost (see the European Commission memo summarising the provisions of the DLD agreed by the Council of Ministers: Here

For this reason, the United Kingdom delegation in the Council clearly underlined their dissatisfaction with the motorcycle provisions and questioned their road safety benefit by abstaining from the vote.

The proposed motorcycle access scheme leads one to conclude that the intention is to frustrate the objectives of "improving access to motorcycles"; stated in the original pro harmonisation European Commission proposal. It is therefore unbelievable that during the Council of Ministers meeting both Transport Commissioner Mr Barrot and Austrian Transport Minister Mr Gorbach could comment on the reservations expressed on the motorcycle access scheme, saying they "Do not want to make motorcycle access too difficult".

FEMA and its National Organisations have been seeking to have a fair and reasonable consideration of the issues within the European institutions based on the contribution that motorcycles make to mobility and research-based road safety evidence. As citizens, we were assured by the European Parliament following first reading, in private and in public in particular by Rapporteur MEP Mr Grosch, that the motorcycle access scheme's illogical aspects, which in the end actually will deter people from progressively accessing motorcycles, or even accessing motorcycles at all, would be properly addressed in second reading (see FEMA press release 8/12/2005). It now looks that these promises and logic were "Compromised" at the expense of the citizen seeking to ride a motorcycle in order to get the DLD through without resorting to the full length of the legislative procedure, with key MEPs agreeing on an inter-institutional compromise between the Council of Ministers and the European Parliament.

FEMA is appalled by the attitude of the European Institutions, which can only be seen as standing the logic of the motorcycle access scheme on its head, actually asking future riders who will choose to privilege experience on smaller vehicles to regularly undergo training and/or testing between each of the vehicle categories (A1, A2, A). We believe that the European Parliament is choosing to turn a blind eye, using as a pretext a distorted approach to road safety and creating a potentially very unstable and expensive access scheme to motorcycles across the EU.

FEMA will be meeting this weekend to look at actions to be developed in the coming period to raise the awareness within the elected body of the European Union on their responsibility for good and balanced legislation towards the citizen.

Issued by FEMA

FEMA - Federation of European Motorcyclists Associations

www.fema.ridersrights.org