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3rd European Driving Licence Directive -[MAG Action Document]
Since January 2004 we have been reporting the progress of the 3rd European Driving Licence Direct and specifically how this will affect new, young and older riders in gaining access to a motorcycle licence.
The motorcycle part of the directive is designed to harmonize motorcycle licences across Europe and is due to be implemented around 2011. Bearing in mind that the directive does not just contain details on harmonising motorcycle licences, it also deals with weight limits on trailers, age limitations and renewals of licences, eye sight test regarding medical checks and the adding of chips or biometric strips to licences.
Before the 3rd European Directive is implemented we will see the introduction of the 2nd European Driving Licence Directive in 2008. This is surrounded by its own issues, which will see the introduction of a two stage test, one part being off road, a super CBT test with a brake and swerve manoeuvre included at super test centres. Both directives are aimed to reduce motorcycle accidents and as in the past, this amounts to putting restrictions on access to licences. So motorcycle casualties have been reduced by simply reducing the number of motorcycles on the road.
Through FEMA the motorcycle community, FIM (Fédération Internationale de Motocyclisme) and ACEM, the Motorcycle Industry in Europe, agreed a joint position and presented this to the European officials. In January and February this year this joint position was lobbied by the motorcycle community in the UK, MAG, BMF, MCIA (UK motorcycle industry) and the MRTA (Motorcycle Retailers Training Association) to European officials and by riders to MEPs.
MEPs were asked to support the joint European motorcycle community position in the plenary session vote in the European Parliament.
The main concerns were that the Directive was:
- Inconsistent with the aims of harmonisation recommended by the initial draft directive.
- A step backwards in social mobility from the existing situation.
- Creating unjustified discrimination across the EU for its citizens.
- Premature and will create unacceptable financial barriers to motorcycling without guaranteeing any improvement in motorcycle safety.
Lack of precise detail will open the door to unlimited and unjustified requirements and most probably result in even less harmonisation throughout the EU.
The main concern was that the vote would be passed with the flawed proposals in the draft directive. We asked that the matter should be referred back to the Transport Committee for further consideration. The reason for this was so that a more balanced and realistic solution could be found.
Finally we recommended that if the Council of Ministers and the European Parliament are unable or cannot agree to the initial proposal of the European Commission, that the present legislation regarding access to Powered Two Wheelers, as defined under the 2nd European Driving Licence Directive, be withdrawn.
This final recommendation was calling for a stop on compromises on the 3rd Directive and a growing feeling from rider’s organisation to call for a complete withdrawal of the motorcycle part of the directive.
Thankfully those MEPS who contacted MAG tabled a large list of amendments on the directive which meant it was sent scuttling back for a rethink. The main fear was that the compromised proposal under the Luxembourg Presidency with agreed amendments that did not reflect the motorcycle community position would simply be rubber stamped and not
receive a full reading.
European Directives go through many stages, plenary votes, reading in parliament, council of ministers, the list seems endless. In the past we’ve usually had one simple subject to deal with and even one person to demonise to draw riders together and focus on a concentrated lobby and achieve a win.
The 3rd Directive is based on a sliding ladder, the "Grosch Ladder" named after the Rapporteur dealing with the directive. The Grosch ladder aims to introduce a stepped access to a full motorcycling Licence with testing or training between the various intermediate licences.
The main issue is the sliding part, which could see this attempt to harmonize licences in Europe fail, as member states in Europe can apply the rules within flexible limits to make them more severe than they might be. In the UK there has been in the past the propensity to gold plate directives to their upper limits. The most recent being the Department for Environment, Food and Rural Affairs (DEFRA) Single Payment Scheme (SPS) and the threat to off road motorsport.
For example a rider in one country could have access to a 125cc machine limited until they are 18 years after which a 125cc limit would apply until the age of 20. They could then be obliged to take a test or training to access a full A licence while being on a restricted machine for a further 3 years. The minimum age for Direct Access would move from 21 to 24 as a result of this. Using the sliding ladder we would have a mishmash of different licensing structures in Europe and a headache for the police as well as riders.
Testing or training has been suggested at around five hours with no upper limit. This would be decided after the Directive is agreed and it would certainly put major pressure on training bodies in the UK.
Some European countries do not have the training structure to implement the 3rd Directive or even the 2nd directive and this may lead to a collapse of the training infrastructure in Europe. This is without including the proposed changes for minimum test motorcycles required by training schools.
The whole process of the directive can be seen as a philosophical approach that tougher testing and training will reduce accidents simply by reducing the numbers of motorcyclists.
There is no doubt when looking at the past history of the introduction of legislation that the directive will reduce the number of motorcyclists on the road and the motorcycle industry with its infrastructure of dealers, trainers, raining organisations, riders groups such as MAG and motorcycle clubs would go into decline.
Riders may be able to find an empty motorcycle parking bay in London but would access to bus lanes, advanced stop lines or the safety of motorcyclists in the road infrastructure be a priority for government.
Where are we left standing at this stage of the directive?
Thankfully, due to the engagement of FEMA, we have an opportunity to reopen the discussions on the motorcycle part in late September, with informal meetings with officials before the directive has a full second reading in the European Parliament.
A political twist has seen a change in the European Presidency from Luxembourg to the UK and MAG is supporting the throwing out of the Luxembourg compromise on the directive to start afresh.
In response to this, FEMA suggests a Workshop on motorcycle licensing during September for all involved parties e.g. MEPs, the Commission, ministers etc. To put it bluntly, this means requesting that those who do not understand motorcycling take the necessary time to understand the motorcycling community’s concerns and to vote on the second reading of the directive constructively, not simply because that is their government’s position.
At some stage, the motorcycle community will have to say to Europe enough is enough, no more compromise on its position and call for the removal of the motorcycle part of the directive, but the timing must be right.
The directive is complicated but a win may yet be achievable. We do not discount the possibility of a demo to raise awareness. MAG deals with Government bodies but without becoming part of formalised institutions which would implicitly force MAG to play by the rules of government.
What can you do.
As Britain moves into a stronger position with the EU presidency, so our government’s ability to steer debate in Europe is enhanced. We need to make sure that our government is representing our interests and not bowing to European bureaucratic conformity for its own sake. At present it looks like the whole of the European political machine is happy to rubber stamp the entire barrel load of madness.
Write to or email Alistair Darling MP, the Secretary of State for Transport. Ask him to get the British Government to back the riders' stance as illustrated by the position being advanced by FEMA.
Use the points in this feature to frame your letter. The full document is available at
http://www.network.maguk.org/dld/3rdDrivinglicencedirectivejuly05.doc
After MAG’s efforts in the 90s we urged the British government to reverse its position on the power limit and challenge the European Commission.
The government listened and reversed its position and threw the spanner in the works at the Council of Ministers - we won.
We want them to do it again. Don’t listen to defeatists and cynics who tell you politicians never listen to the people - they do.
If you don’t ask you don’t get - old MAG proverb.
Contacts
Secretary of State for Transport
Alistair Darling
Department for Transport
Great Minster House
76 Marsham Street
London
SW1P 4DR
Email: darlinga@parliament.uk
Copy your MP and MEP in on your letter.
For your MP’s email address go to : http://www.locata.co.uk/commons
Or write to them at: The House of Commons London SW1A OAA.
For your MEP’s email address go to: http://www.europarl.org.uk/uk_meps/MembersMain.htm
Or write to them at:
ASP 14E165
European Parliament
RueWiertz 1047
Brussels
Belgium
Feed any replies or requests for further information to:
Trevor Baird
Director of Public Affairs
MAG UK
PO Box 750
Rugby
CV21 3ZR
public-affairs@mag-uk.org
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