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Driving Licence Pushed Through
On the 14th December 2006 the European Parliament voted in favour of the 3rd European Driving Licence Directive.
A final amendment submitted by UK MEP Philip Bradbourn (Conservative) calling for the rejection of the directive was defeated during the vote.
The FEMA (Federation of European Motorcyclists Associations) press release after the vote headlined with, “Responsible enough to vote, not enough to ride!” and stated, “FEMA is totally unsatisfied by the motorcycle provisions included in the Directive as they are discriminatory to new and young riders and unjustifiably complex. Instead of improving safety, they will make access to motorcycles more difficult to enforce with an adverse effect on safety.
A big thanks to all of you who lobbied their MEPs, the European Commissioner, signed the petition and took part in the poll during this issue.
We have left the information page on the Directive "live" as an archive and the licence graph, which tries to give an overview of the complexity of the licence regime.
You can still sign the petition which we can still use in the coming months.
What happens next?
We have already been in communication with the rest of the motorcycle community in the UK - Training Representatives - Motorcycle Industry - BMF.
The UK Government has already stated that they will consult with motorcycle representatives, to deliver the motorcycle aspects of the directive in the UK.
At this stage as defined in the directive this should be by 2013.
The European attempt at harmonization still leaves some questions.
The Council of Ministers adopted the directive on the 19th December at a meeting of the Agriculture and Fisheries Council, without discussion, stated in their press release, “……..subjecting access to heavier motorcycles under category A to a "step-up" approach with a requirement for two years' practical experience in a lower category and additional training and/or testing, while direct access to the heaviest category A motorcycles will be possibly only at the age of 24 years.”
I am chasing this statement up at present as the press release says, “…. training and/or testing”, this may be left to member states to implement as they see fit.
Also, “…..direct access to the heaviest category A motorcycles will be possibly only at the age of 24 years”, the words “possibly only” need defined.
We now face a long haul to get the best deal for young and new riders!
Campaign website Here
Conservatives Keep Backing Riders
Right up to the vote in Parliament, the Conservatives through Philip Bradbourn MEP kept battling for riders.
Below is their press release issued on the 12th December backing MAGs concerns regarding the motorcycle aspects contained 3rd European Driving Licence Directive.
Although MAG is an apolitical organisation the Conservative MEP Philip Bradbourn has been the motorcyclists champion in the political sphere in Europe and we will always give credit when credit is due.
MAG has concentrated on the pure legislation that will effect motorcycling in this complex directive. The Conservative Press Release sets out the other aspects of driving licences contained in the directive.
BRITISH BIKERS DRIVEN ROUND THE BEND BY EUROPE
Riders revved up over "draconian" legislation
Motorcycling has been backed into a corner by the ignorance of Europe, say biking enthusiasts who have joined the Conservatives' call to drop plans for "draconian" new licence legislation.
MEPs will vote on the EU Third Driving Licence Directive which Conservatives warn, burdens the UK motorist with further expense and red tape, on Thursday in Strasbourg.
It would introduce new tests to bike riders advancing to more powerful motorbikes, wiping out the current UK system, which is based on experience.
Last month, the Motorcycle Action Group (MAG) handed a 2,500-strong petition to Philip Bradbourn MEP, Conservative Transport Spokesman, which he presented to the chairman of the Parliament's Transport Committee.
Mr Bradbourn said: "This pointless and bureaucratic legislation will cause real problems for motorcycle enthusiasts in the UK."
Calling for "sense to prevail", Public Affairs director of MAG Trevor Baird said that motorcycle aspects of the Directive, which could also force drivers to renew their licences every 10 years, should have been withdrawn at an early stage, enabling riders' concerns to be addressed.
"What new and young riders require is a structured, relevant and cost-effective basic training to give the novice rider the essential skills and knowledge to be capable of safely operating a motorcycle in normal traffic conditions, not a philosophical approach that has no place in the real world.
"Motorcycling has been backed into a corner due to the ignorance of Europe by the mistaken belief that even more rules and regulations will make motorcycling safer.
"This draconian legislation which has been foisted on motorcycling by European Transport Ministers and the European Commission is a litany of compromises and confusion, with the principle of harmonisation that one size fits all and does nothing to address the real issues of motorcycling safety."
CASE STUDY:
 Alex Gault 15, from Carluke in Scotland, (Ed: Alex is one of the riders in MAG Sport www.magsport.com) is a multiple championship-winning motorcycle racer. He has won four regional and eight national titles over the past six years.
He says: "I can control a 120Hp 600cc motorcycle round race tracks at speeds of up to 150mph. I didn't acquire that skill from legislation. Legislation says in Britain I have to wait until I am 16 to ride a 50cc scooter on the roads. While I am quite aware it is a completely different range of skills you need to ride safely on the road, legislation and bureaucracy tend to stop people getting the skills needed to ride safely on the roads that comes from practical experience, and to a point theoretical training. Age, medical condition and power of a machine do not necessarily lead to poor safety.
"My own form of transport is very important to me and I am in favour of keeping the cost as low as possible and my freedom to choose open. If I have to sit more theoretical tests, medical examinations, eyesight tests etc before I can get practical experience, it will not make me a safer rider. Rather, it will just increase the cost and make it more difficult for every motorcycle enthusiast to exercise the right to enjoy the freedom motorcycling gives.
"Rather than make it harder to get a motorcycle licence, I would say the system in force at this time is more than adequate. The way to safer roads is educating others and making them bike aware.
"A fact that seems to have been forgotten in this legislation is that motorists are to blame for the majority of accidents involving bikers. Retesting them every 10 years won't do anything to help the problem. After all, in most cases it is not a lack of driving or riding skill that leads to accidents, it's the fact that people just 'forget to remember' at the worst possible times."
BRIEFING NOTE ON THE DIRECTIVE:
The EU is forcing through a revolution in British driving licenses:
- New tests every ten years
- Compulsory medical tests
- Current HGV licenses must be renewed at 50 years of age
- Burden of proof reversed for drivers with minor ailments
- The directive's expected timetable is:
- 2nd reading to be completed before the end of the year with the report going to plenary in Strasbourg from December 11th-14th
1. Main Provisions of the Proposals
Licence Renewal
At present your licence is valid from the date you pass your test until the age of 70 unless medical complications occur or a medical professional recommends otherwise (or you lose you licence for criminal offences).
The Third Driving Licence Directive proposals call for:
- The renewal of drivers’ licences for cars every 10 years (possibly earlier if it is your first licence).
- Renewal is dependent on 'circumstances' which may also mean the introduction on a regular medical check up.
- Renewal applications would be costly to the motorist and achieve no benefit in terms of safety. This is case of interference, which would only add red tape.
- All commercial vehicle licences would need to be renewed at the age of 50. Renewal would be on the basis of a medical check and possible re test/refresher course.
- For commercial vehicles of over 3500kg renewal would be every 5 years (3 years for your first licence). Renewal would be on the grounds of a medical check up and in some circumstances re-testing. This again is costly and achieves no benefit in terms of road safety.
- In the UK we have a system of either a voluntary notification of medical problems or a recommendation by medical professionals which, along with the 70-year age limit, works perfectly well. The proposed system would be costly to citizens, cause major inconvenience and not achieve the increases in road safety, which the Commission aims to achieve.
2. Motorbikes
The biggest areas of contention for the users and the industry have been the ages for access to motorbikes, new tests for higher cc bikes and inconsistency in the types of bike on which tests are taken.
- Currently motorbike riders have access to the most powerful bikes at the age of 21 subject to possession of a full driving license. The proposal will increase that age to 24.
- Test bikes also bear no relation to the bike you will be allowed to ride with the licence you will obtain. The criteria in the proposals are based on cylinder capacity as well as power of bike (At present the test is only power based).
- An additional test will be required for bikers to move from a category A2 licence to a category A. At present in the UK there is a “step up” principle based on riding experience where you gain progressive access to more powerful motorcycles. This is a tried and tested system and there is little need to take an examination to progress. This would be costly and bureaucratic again with little benefit for road safety.
3. Medical Checks
In the UK system if a driver suffers from a major health problem it is his duty to notify the relevant authority which will decide under advice from medical professionals whether he can continue to drive. This directive reverses the burden of proof on the individual driver. A driver will now have to prove through draconian and expensive regular medical checks that even minor or treatable health problems will not affect his ability to drive safely. Some of the over regulatory medical problems include: -
- Pacemakers – at present patients fitted with pacemakers who have had no complications for over 6 months can drive normally under medical advice. Under the Commission proposals the driver would have to have regular medical check ups above what is recommended in the UK to prove there are no unforeseen problems. This only adds cost and inconvenience to people who wear pacemakers. The present system in the UK has proven to work very well and is accepted by the medical profession as not jeopardising road safety.
- Complications – the proposals contain a presumption that you may not get a drivers licence if complications could arise from your blood pressure (e.g. stroke or vision problems). Drivers will have to have regular medical check ups even if the problem is treatable and under control through medication
- Angina – any form of angina during “rest or emotion” may jeopardise your chances of obtaining a drivers licence
- Diabetes – non-insulin dependant diabetes, which is treatable by diet or tablet, will mean regular medical check ups above what is already required. Insulin dependent diabetics will only get a licence under very exceptional circumstances and will be subject to very regular full medical examinations.
- (Philip Bradbourn was successful at first reading at having non-insulin dependant diabetes deleted from the text. The Commission has re-introduced this clause).
- Psychotropic drugs – anybody who uses these types of drug will not be allowed any form of drivers licence. The regulation does not take into account the effect of a drug but looks only at quantity. The effect of drugs differs between patients and should be up to the judgement of medical professionals.
4. Political scenario effect
Conservatives will again be calling for the complete rejection of the directive.
Labour and Liberal Democrat MEPs have fully supported the proposals. In the Council of Ministers the Labour government supported the re- introduction of many of the more draconian proposals in the recently published Common Position. In the final vote in Council following Parliament's second reading the UK government has declared that it will abstain. This causes problems as Transport issues are subject to QMV and the UK votes would be vital to blocking the introduction.
At first reading in Parliament Conservative MEPs opposed the directive on the grounds that it was over regulatory and bureaucratic. The UK clearly has the safest roads in the EU so the measures in road safety terms are irrelevant. These proposals will do nothing to improve safety but will only add cost and inconvenience to our motorists.
Conservatives agree that a common format of drivers licence would be beneficial as it would reduce fraud and make recognition of licences around the EU much easier. Our line is that Member States should be free to set criteria for obtaining and retaining drivers licence and more should be done it implement the current national law on foreign drivers.
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