EU updates rules on driving licences

On 01.03 the European Commission (EC) came up with a new initiative (amendments to the Directive) on rules on driving licences, which, among other things, introduce an EU-wide digital driving licence. New legislation will also be introduced to improve cross-border enforcement of traffic rules. The main objective is to improve road safety.

The proposal on driving licences amends existing EU legislation on the basis of best practices already in place in several Member States.

The following measures are envisaged to improve road safety:

• Beginner drivers shall have a probationary period of at least two years after passing the examination and shall be subject to zero tolerance for driving under the influence of alcohol. The EC considers this to be extremely important because, although young people account for only 8% of all drivers, two out of five fatal road accidents are the deaths of drivers or passengers under 30 years of age.
• Young people are allowed to take a driving test and drive a passenger vehicle or lorry with a driving licence from the age of 17, so that they can gain driving experience. It also applies to category C driving licences (trucks) in order to facilitate young people's access to the profession of driver. The EC hopes that lowering the age limit for training would make careers in the transport sector more attractive to young people, thus helping to alleviate the shortage of professional drivers over time.
• Zero tolerance to drunk driving.
• A minimum of two years' probationary period shall be imposed on novice drivers. Member States may lay down additional rules and/or restrictions for a period of two years after new drivers have passed the driving test and obtained a driving licence.
• Driving training and the theory and driving test shall be adapted so that drivers are better prepared for road traffic together with vulnerable road users. The transition to a more sustainable urban mobility environment will help to increase the safety of pedestrians, cyclists and electric scooter and electric bike users.
• Health status will be assessed in a more targeted way, taking into account progress in the treatment of diseases such as diabetes. Drivers are also encouraged to update their driving skills and knowledge in order to keep pace with technological developments. Currently, the suitability for driving is assessed by age-based screening. The evaluation of the current rules found that, although age is a factor, specific medical conditions such as substance abuse, psychiatric disorders, epilepsy, diabetes, heart disease and sleep apnea, which are not necessarily related to age, are more important for driving health conditions. The rules on physical and mental fitness for driving are therefore updated. Recent studies and evidence on the risks associated with driver age also show that people are increasingly able to drive above the current age limit. Therefore, the age from which Member States may increase the frequency of medical examinations will be increased from 50 to 70.
• In order to facilitate the recognition of driving licences issued in other Member States, a digital driving licence will be introduced. It is easier to replace, extend or change, as all necessary actions can be done online. It will also make it easier for third-country nationals with similar road safety requirements to exchange their driving licence for an EU driving licence.

As a first step, it is necessary to agree on technical specifications for interoperability, security and testing of digital driving licences, including control functions and interface with national systems. The EC proposes to adopt detailed rules on these characteristics within 18 months of the adoption of this Directive.

Where Member States have been able to integrate these requirements into their national IT systems, the EC proposes that digital driving licences should be issued by default four years after the date of adoption of the Directive.

The updated examination rules shall take into account the transition to zero emission vehicles. For example, these rules assess the knowledge and skills associated with advanced driver assistance systems and other automated technology. Beginner drivers are also taught how their driving style, such as gear change timing, affects emissions. The permissible mass of category B vehicles using alternative fuels will also be adjusted, as battery-free vehicles may be heavier.

Another major objective of the initiative is to address shortcomings in cooperation between Member States in the investigation of traffic offences. Currently, too often non-resident traffic offenders remain anonymous. The proposal seeks to address this problem by allowing law enforcement authorities access to national driving licence registers. Current legislation addresses some of the most common and serious offences, such as speeding and driving under the influence of alcohol. The new initiative adds the following to traffic violations already covered by the current regulation:

- maintaining an insufficient longitudinal distance with the vehicle moving above;
- dangerous overtaking;
- dangerous parking;
- crossing one or more continuous white lines;
- driving in the opposite direction;
- irregularities in the use of emergency corridors;
- the use of an overloaded vehicle.

These additions, according to the EC, will help to reduce the non-punishment of offenders and increase the capacity of Member States to punish road offenders from other Member States. It also ensures equal treatment of resident and non-resident traffic offenders. 

Non-residents have the right to an effective remedy and fair trial, the presumption of innocence and protection. These rights can be guaranteed more firmly by provisions requiring that the content and the procedure for the notification of notices of fines be harmonised so that the addressee of the notice of fine can verify the authenticity of the notice and that the sharing of information with the presumed offender must be established as a standard requirement.

As a penalty, a new system will be set up to allow the right to drive to be withdrawn across the EU if a Member State decides to deprive a driver of the right to drive due to an infringement committed in its territory. This includes serious traffic offences such as speeding, driving under the influence of alcohol or drugs and causing death or grievous bodily harm as a result of any traffic offence.  

Next steps
Now the ordinary legislative procedure in which the European Parliament and the Council speak and in which a consultation process takes place in the Member States, will follow.