Legal provisions of COM(2023)127 - Driving licences - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2023)127 - Driving licences. |
|---|---|
| document | COM(2023)127  |
| date | March 1, 2023 |
1. This Directive lays down common rules on:
(a)the models, standards and categories of driving licences;
(b)the issuance, validity, renewal, and mutual recognition of driving licences;
(c)certain aspects of the exchange, replacement, withdrawal, restriction, suspension and cancelation of driving licences;
(d)certain aspects applicable to novice drivers.
2. This Directive does not apply to power-driven vehicles running on wheels or tracks, having at least two axles, the principal function of which lies in their tractive power, which are specially designed to pull, push, carry or operate certain tools, machines or trailers used in connection with agricultural or forestry operations, and the use of which for carrying persons or goods by road or drawing, on the road, vehicles used for the carriage of persons or goods is only a secondary function.
For the purposes of this Directive, the following definitions apply:
(1) driving licence means an electronic or physical document that certifies the right to drive power-driven vehicles and states the conditions under which the holder is authorised to drive;
(2) ‘physical driving licence’ means a driving licence in its physical format, issued in accordance with Article 4;
(3) ‘mobile driving licence’ means a driving licence in its digital format, issued in accordance with Article 5;
(4) power-driven vehicle means any self-propelled vehicle running on a road under its own power, other than a rail-borne vehicle;
(5) ‘two-wheel vehicle’ means a vehicle referred to in Article 4(2), point (a), of Regulation (EU) No 168/2013 of the European Parliament and of the Council 61 ;
(6) ‘three-wheel vehicle’ means a vehicle referred to in 4(2), point (b), of Regulation (EU) No 168/2013;
(7) ‘light quadricycle’ means a vehicle as referred to in Article 4(2), point (f), of Regulation (EU) No 168/2013;
(8) ‘motorcycle’ means a two-wheel vehicle with or without a sidecar, as referred to in Articles 4(2), point (c) and (d) of Regulation (EU) No 168/2013;
(9) ‘powered tricycle’ means a vehicle with three symmetrically arranged wheels, as referred to in Article 4(2), point (e) of Regulation (EU) No 168/2013;
(10) ‘motor vehicle' means any power-driven vehicle, which is normally used for carrying persons or goods by road or for drawing, on the road, vehicles used for the carriage of persons or goods. This term shall include trolleybuses, that is vehicles connected to an electric conductor and not track-based.
(11) ‘heavy quadricycle’ means vehicles as referred to in Article 4(2), point (g), of Regulation (EU) No 168/2013;
(12) ‘driving disqualification’ means any decision which results in the withdrawal, cancellation, restriction or suspension of the driving licence or of the right to drive of a driver of a power-driven vehicle and which is no longer subject to a right of appeal. The measure may constitute either a primary, secondary or supplementary penalty or a safety measure.
1. Member States shall ensure that their national driving licences are issued in accordance with the provisions of this Directive and comply with the Union standard specifications and other criteria pursuant to:
(a)Article 4 for physical driving licences;
(b)Article 5 for mobile driving licences.
2. Member States shall ensure that physical and mobile driving licences issued to the same person are fully equivalent between them, and state the exact same set of rights and conditions under which that person is authorised to drive.
3. Member States shall not, as a prerequisite, require the possession of a physical or mobile driving licence from the applicant when issuing, replacing, renewing, or exchanging a driving licence in the other format.
4. By [date-of-adoption+4 years], Member States shall ensure that only mobile driving licences are issued by default. Until that date, Member States may decide to issue mobile driving licences.
5. By way of derogation from paragraph 4, upon request of the applicant, Member States shall provide the opportunity for a physical driving licence to be issued instead of, or together with, a mobile driving licence.
6. Driving licences issued by Member States shall be mutually recognised.
7. By way of derogation from paragraph 6, Member States shall only mutually recognise mobile driving licences that were issued after [date-of-adoption+3 years] in accordance with Article 5. Mobile driving licences that were issued before that date but meet the requirements of Article 5 shall be mutually recognised after that date.
1. Member States shall issue physical driving licences based on the Union standard specifications laid down in Annex I, Part A1.
2. Member States shall take all necessary steps to avoid any risk of forgery of driving licences, including that of model driving licences issued before the entry into force of this Directive. They shall inform the Commission thereof.
The physical driving licence shall be made secure against forgery by means of the Union standard specifications laid down in Annex I, Part A2. Member States may introduce additional security features.
3. Where the holder of a valid physical driving licence without an administrative validity period takes up normal residence in a Member State other than that which issued that driving licence, the host Member State may, as of two years after the date on which the holder has taken up normal residence on its territory, apply the administrative validity periods set out in Article 10(2), by renewing the driving licence.
4. Member States shall ensure that by 19 January 2030, all physical driving licences issued or in circulation fulfil all the requirements of this Directive.
5. Member States may decide to introduce a storage medium (microchip) as part of the physical driving licence. Where a Member State decides to introduce a microchip as part of their physical driving licence it may, where its national laws related to driving licences provide for it, also decide to store data additional to what is specified in Annex I, Part D, on the microchip.
When Member States provide for the microchip as part of the physical driving licence, they shall apply technical requirements laid down in Annex I, Part B. Member States may introduce additional security features
Member States shall inform the Commission in the event of a decision on including a microchip on their physical driving licences, or of any change concerning such a decision, within three months of its adoption. Member States that have already introduced a microchip on their driving licences shall inform the Commission accordingly within three months from the date of entry into force of this Directive.
6. Where the microchip is not introduced as part of the physical driving licence, Member States may also decide to print, in the space reserved for that purpose, a QR code on the physical driving licences that are issued by them. The QR code shall allow the verification of the authenticity of the information reported on the physical driving licence.
7. Member States shall ensure that the personal data necessary for the verification of the information reported on the physical driving licence is not retained by the verifier and that the issuing authority of the driving licence is not notified about the verification process.
The Commission shall adopt implementing acts laying down detailed provisions concerning the interoperability features and the security measures to be complied with by QR codes printed on physical driving licences. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(2).
Member States shall inform the Commission of any measure aimed at the introduction of a QR code on their driving licences or of any change of such measure, within three months of its adoption.
8. The Commission is empowered to adopt delegated acts, in accordance with Article 21, to amend Annex I, Parts A, B and D, where necessary in order to take account of technical, operational or scientific developments.
1. Member States shall issue mobile driving licences based on the Union standard specifications laid down in Annex I, Part C.
2. Member States shall ensure that electronic applications established for mobile driving licences, in order to enable verification of the existence of the driving rights of the holder of the driving licence, are available to persons having their normal residence in their territory, or to persons who are otherwise entitled to hold mobile driving licences issued by them, free of charge.
These applications shall be based on the European Digital Identity Wallets issued in accordance with Regulation (EU) No 910/2014 of the European Parliament and of the Council 62 .
3. Member States shall publish and regularly update the list of available electronic applications which are established and maintained for the purposes of this Article.
Member States shall ensure that the electronic applications do not contain or, in the case of applying a pointer, do not make available more data than referred to in Annex I, Part D.
4. Member States shall make available and regularly update each other on the information required to access the national systems referred to in Annex I, Part C, that are used for the verification of mobile driving licences.
Member States shall ensure that the personal data necessary for the verification of the driving rights of the holder of the mobile driving licence is not retained by the verifier and that the issuing authority of the driving licence processes the information received through the notification only for the purpose of responding to the verification request.
5. Member States shall inform the Commission of the list of relevant national systems authorised to issue data and pointers for mobile driving licences. The Commission shall make available to the public, through a secure channel, the list of such national systems of the Member States, in an electronically signed or sealed form suitable for automated processing.
6. The Commission is empowered to adopt delegated acts, in accordance with Article 21, to amend Annex I, Part C, where necessary in order to take account of technical, operational or scientific developments.
7. By [date-of-adoption+18 months], the Commission shall adopt implementing acts laying down detailed provisions concerning the interoperability, security and testing of mobile driving licences, including verification features and the interface with national systems. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(2).
1. The driving licence shall authorise the driving of power-driven vehicles in the following categories:
(a)mopeds:
category AM:
–two-wheel vehicles or three-wheel vehicles with a maximum design speed of not more than 45 km/h (excluding those with a maximum design speed under or equal to 25 km/h);
–light quadricycles;
(b)motorcycles and powered tricycles:
(i) category A1:
–motorcycles with a cylinder capacity not exceeding 125 cubic centimetres, of a power not exceeding 11 kW and with a power/weight ratio not exceeding 0,1 kW/kg;
–powered tricycles with a power not exceeding 15 kW;
(ii) category A2:
–motorcycles of a power not exceeding 35 kW and with a power/weight ratio not exceeding 0,2 kW/kg and not derived from a vehicle of more than 70 kW.
(iii) Category A:
–motorcycles;
–powered tricycles with a power exceeding 15 kW;
(c)motor vehicles:
(i) category B1:
–heavy quadricycles.
Category B1 is optional; in Member States which do not introduce this category of driving licence, a driving licence for category B shall be required to drive such vehicles;
Member States may also decide to introduce this category exclusively for the vehicles referred to in Article 9(4), first subparagraph, point (c), and under the conditions provided for in that paragraph. Where a Member State decides to do so they shall mark this fact on the driving licence by the use of Union code 60.03.
(ii) category B:
–motor vehicles with a maximum authorised mass not exceeding 3 500 kg and designed and constructed for the carriage of no more than eight passengers in addition to the driver.
–motor vehicles in this category may be combined with a trailer having a maximum authorised mass which does not exceed 750 kg.
Without prejudice to the provisions of type-approval rules for the vehicles concerned, motor vehicles in this category may be combined with a trailer with a maximum authorised mass exceeding 750 kg, provided that the maximum authorised mass of this combination does not exceed 4 250 kg. Where such a combination exceeds 3 500 kg, Member States shall, in accordance with the provisions of Annex V, require that this combination only be driven after:
–a training has been completed, or
–a test of skills and behaviour has been passed.
Member States may also require both such a training and the passing of a test of skills and behaviour.
Member States shall indicate the entitlement to drive such a combination on the driving licence by means of the relevant Union code specified in Annex I, Part E.
(iii) category BE:
–without prejudice to the provisions of type-approval rules for the vehicles concerned, combination of vehicles consisting of a tractor vehicle in category B and a trailer or semi-trailer where the maximum authorised mass of the trailer or semi-trailer does not exceed 3 500 kg;
(iv) category C1:
–motor vehicles other than those in categories D1 or D, the maximum authorised mass of which exceeds 3 500 kg, but does not exceed 7 500 kg, and which are designed and constructed for the carriage of no more than eight passengers in addition to the driver.
–Motor vehicles in this category may be combined with a trailer having a maximum authorised mass not exceeding 750 kg;
(v) category C1E:
–without prejudice to the provisions of type-approval rules for the vehicles concerned, combinations of vehicles where the tractor vehicle is in category C1 and its trailer or semi-trailer has a maximum authorised mass of over 750 kg provided that the authorised mass of the combination does not exceed 12 000 kg;
–without prejudice to the provisions of type-approval rules for the vehicles concerned, combinations of vehicles where the tractor vehicle is in category B and its trailer or semi-trailer has an authorised mass of over 3 500 kg, provided that the authorised mass of the combination does not exceed 12 000 kg;
(vi) category C:
–motor vehicles other than those in categories D1 or D, whose maximum authorised mass is over 3 500 kg and which are designed and constructed for the carriage of no more than eight passengers in addition to the driver.
–Motor vehicles in this category may be combined with a trailer having a maximum authorised mass which does not exceed 750 kg.
(vii) category CE:
–without prejudice to the provisions of type-approval rules for the vehicles concerned, combinations of vehicles where the tractor vehicle is in category C and its trailer or semi-trailer has a maximum authorised mass of over 750 kg;
(viii) category D1:
–motor vehicles designed and constructed for the carriage of no more than 16 passengers in addition to the driver and with a maximum length not exceeding 8 meters.
–motor vehicles in this category may be combined with a trailer having a maximum authorised mass not exceeding 750 kg;
(ix) category D1E:
–without prejudice to the provisions of type-approval rules for the vehicles concerned, combinations of vehicles where the tractor vehicle is in category D1 and its trailer has a maximum authorised mass of over 750 kg.
(x) category D:
–motor vehicles designed and constructed for the carriage of more than eight passengers in addition to the driver; motor vehicles which may be driven with a category D licence may be combined with a trailer having a maximum authorised mass which does not exceed 750 kg;
(xi) category DE:
–without prejudice to the provisions of type-approval rules for the vehicles concerned, combinations of vehicles where the tractor vehicle is in category D and its trailer has a maximum authorised mass of over 750 kg.
2. With the prior agreement of the Commission, which shall assess the impact of the proposed measure on road safety, Member States may exclude from the application of this Article certain specific types of power-driven vehicles, including special vehicles for persons with disabilities.
Member States may exclude from the application of this Directive types of vehicles used by, or under the control of, the armed forces and civil defence. They shall inform the Commission thereof.
1. The minimum age for issuing a driving licence shall be the following:
(a)16 years for categories AM, A1 and B1;
(b)18 years for categories A2, B, BE, C1 and C1E;
(c)With regard to category A:
(i) 20 years for motorcycles. However, access to the driving of motorcycles of this category shall be subject to a minimum of two years' experience on motorcycles under an A2 licence. The two years’ experience requirement may be waived if the candidate is at least 24 years old;
(ii) 21 years for powered tricycles exceeding 15 kW;
(d)21 years for categories C, CE, D1 and D1E;
(e)24 years for categories D and DE.
2. Member States may raise or lower the minimum age for issuing a driving licence:
(a)for category AM down to 14 years or up to 18 years;
(b)for category B1 up to 18 years;
(c)for category A1 up to 18 years, provided that both of the following conditions are fulfilled:
(i) there is a two years difference between the minimum age for category A1 and the minimum age for category A2;
(ii) there is a requirement of a minimum of two years’ experience on motorcycles of category A2 before access to the driving of motorcycles for category A can be granted, as referred to in paragraph 1, point(c)(i);
(d)for categories B and BE down to 17 years.
3. Member States may lower the minimum age for category C to 18 years and for category D to 21 years with regard to:
(a)vehicles used by the fire service and vehicles used for maintaining public order;
(b)vehicles undergoing road tests for repair or maintenance purposes.
4. Driving licences issued to persons in accordance with paragraphs 2 and 3 shall only be valid on the territory of the issuing Member State until the licence holder has reached the minimum age limit set out in paragraph 1.
Member States may recognise the validity on their territory of driving licences issued to drivers under the minimum ages set out in paragraph 1.
5. By way of derogation from paragraph 1, points (d) and (e), of this Article, where the candidate holds a certificate of professional competence referred to in Article 6 of Directive (EU) 2022/2561, the minimum age for issuing a driving licence shall be as follows:
(a)for categories C and CE, the minimum ages provided for in Article 5(2), point (a)(i) of Directive (EU) 2022/2561;
(b)for categories D1 and D1E, the minimum age provided for in Article 5(3) point (a)(i), second subparagraph, of that Directive;
(c)for categories D and DE, the minimum ages provided for in Article 5(3) point (a)(i) first subparagraph, Article 5(3) point (a) and (b), of that Directive.
Where, in accordance with Article 5(3), point (a)(i), second subparagraph, or Article 5(3), point (a)(ii), second subparagraph of Directive (EU) 2022/2561, a Member State authorises driving within its territory from a lower age, the validity of the driving licence shall be limited to the territory of the issuing Member State until such time as the licence holder has reached the relevant minimum age referred to in the first subparagraph of this paragraph and holds a certificate of professional competence.
1. Member States shall mark driving licences issued to a person subject to one or more conditions under which he or she is authorised to drive. To that end Member States shall use the corresponding Union codes provided for in Annex I, Part E. They may also use national codes for conditions not covered by Annex I, Part E.
If, due to a physical incapacity, driving is authorised only for certain types of vehicles or for vehicles adapted in order to compensate for such incapacities, the test of skills and behaviour provided for in Article 10(1) shall be taken in such a vehicle.
2. The Commission is empowered to adopt delegated acts, in accordance with Article 21, to amend Annex I, Part E, where necessary in order to take account of technical, operational or scientific developments.
1. Driving licences for categories BE, C1, C1E, C, CE, D1, D1E, D and DE shall be issued only to drivers already entitled to drive vehicles in category B.
2. The validity of driving licences shall be determined as follows:
(a)licences issued for categories C1E, CE, D1E or DE shall be valid for combinations of vehicles in category BE;
(b)licences issued for category CE shall be valid for category DE as long as their holders are entitled to drive vehicles in category D;
(c)licences issued for category C1E or CE shall be valid for category D1E as long as their holders are entitled to drive vehicles in category D1;
(d)licences issued for category CE and DE shall be valid for combinations of vehicles in categories C1E and D1E respectively;
(e)licences issued for any category shall be valid for vehicles in category AM. However, for driving licences issued on its territory, a Member State may limit the equivalences for category AM to categories A1, A2 and A, if that Member State imposes a practical test as a condition for obtaining category AM;
(f)licences issued for category A2 shall also be valid for category A1;
(g)licences issued for categories A, B, C or D shall be valid for categories A1, A2, B1, C1, or D1 respectively;
(h)two years after a driving licence, granted for category B, was issued for the first time it shall be valid for driving the alternatively fuelled vehicles referred to in Article 2 of Council Directive 96/53/EC 63 with a maximum authorised mass above 3 500 kg but not exceeding 4 250 kg without a trailer.
3. For driving on their territory, Member States may grant the following equivalences:
(a)powered tricycles under a licence for category B, for powered tricycles with a power exceeding 15 kW provided that the holder of the licence for category B is at least 21 years old;
(b)category A1 motorcycles under a licence for category B.
The equivalences provided for in the first subparagraph shall be mutually recognised by the Member States that granted them.
Member States shall not indicate on the driving licence that a holder is entitled to drive the vehicles referred to in the first subparagraph, except by means of the relevant Union codes specified in Annex I, Part E.
Member States shall inform the Commission without delay about equivalences referred to in the first subparagraph that are granted on their territory, including the national codes which may have been used before the entry into force of this Directive. The Commission shall make this information available to Member States for the purpose of facilitating the application of this paragraph.
4. Member States may authorise the driving on their territory of the following categories of vehicles:
(a)vehicles of category D1 with a maximum authorised mass of 3 500 kg, excluding any specialised equipment intended for the carriage of passengers with disabilities, by drivers over 21 years old holding a driving licence granted for category B, at least two years after such a driving licence was issued for the first time and provided that the vehicles are being used by non-commercial bodies for social purposes and that the driver provides his or her services on a voluntary basis;
(b)vehicles of a maximum authorised mass exceeding 3 500 kg by drivers over 21 years old holding a driving licence granted for category B, at least two years after such a driving licence was issued for the first time , provided that all of the following conditions are met:
(i) those vehicles are intended to be used, when stationary, only as an instructional or recreational area;
(ii) that they are used by non-commercial bodies for social purposes;
(iii) they have been modified so that they may not be used either for the transport of more than nine persons or for the transport of any goods other than those strictly necessary for their purposes;
(c)vehicles of category B with a maximum authorised mass of 2 500 kg and a maximum speed physically limited to 45 km/h by drivers below 21 years old holding a driving licence granted for category B1.
Member States shall not indicate on the driving licence that a holder is entitled to drive the vehicles referred to in the first subparagraph, points (a) and (b), except by means of relevant national codes.
Member States shall inform the Commission of any authorisations granted in accordance with this paragraph.
1. Driving licences shall be issued only to applicants who meet the following conditions:
(a)they have passed a test of skills and behaviour and a theoretical test and who meet the minimum standards of physical and mental fitness for driving , in accordance with the provisions of Annexes II and III;
(b)as regards category AM they have passed a theory test only; Member States may require applicants to pass a test of skills and behaviour and a medical examination for this category.
For three-wheel vehicles and quadricycles within this category, Member States may impose a distinctive test of skills and behaviour. For the differentiation of vehicles in category AM, a national code may be inserted on the driving licence;
(c)as regards category A2 or category A, and on the condition that they have acquired a minimum of two years' experience on a motorcycle in category A1 or in category A2 respectively, either:
(i) passed a test of skills and behaviour only, or
(ii) completed a training pursuant to Annex VI;
(d)they have completed a training or passed a test of skills and behaviour, or completed a training and passed a test of skills and behaviour pursuant to Annex V as regards category B for driving a vehicle combination referred to in Article 6(1), point (c)(ii), third paragraph;
(e)they have their normal residence in the territory of the Member State issuing the licence, or can produce evidence that they have been studying there for at least six months.
2. The duration of the administrative validity of driving licences issued by Member States shall be as follows:
(a)15 years for categories AM, A1, A2, A, B, B1 and BE;
(b)five years for categories C, CE, C1, C1E, D, DE, D1 and D1E.
The renewal of a driving licence may trigger a new administrative validity period for another category or categories the licence holder is entitled to drive, insofar as this is in conformity with the conditions laid down in this Directive.
The presence of a microchip or QR code pursuant to Article 4(5) and Article 4(6) shall not be a prerequisite for the validity of a driving licence. The loss or unreadability of the microchip or of the QR code, or any other damage thereto, shall not affect the validity of the driving licence.
Member States may limit the period of administrative validity of driving licences issued to novice drivers within the meaning of Article 15(1), for any category in order to apply specific measures to such drivers, for the purpose of improving their road safety.
Member States may limit the period of administrative validity of individual driving licences for any category in case it is found necessary to apply an increased frequency of medical checks or other specific measures, including restrictions for traffic offenders.
Member States shall reduce the periods of administrative validity set out in the first subparagraph, points (a) and (b), to five years or less for driving licences of holders residing on their territory having reached the age of 70, in order to apply an increased frequency of medical checks or other specific measures, including refresher courses. This reduced period of administrative validity shall only be applied upon renewal of the driving licence.
Member States may reduce the period of administrative validity set out in paragraph 2 of driving licences of persons who have been granted a temporary residence permit or who enjoy temporary protection or adequate protection under national law on their territory. For that purpose, this reduced period of administrative validity shall be equal to or shorter than the administrative validity of the temporary residence permit or of the temporary protection or adequate protection.
3. The renewal of driving licences when their administrative validity expires shall be subject to both of the following conditions:
(a)continuing compliance with the minimum standards of physical and mental fitness for driving set out in Annex III;
(b)normal residence in the territory of the Member State issuing the licence, or evidence that the applicants has been studying there for at least six months, at the time they submit their application.
4. In case of a crisis Members States may extend the period of administrative validity of driving licences that would otherwise expire, for a maximum period of six months. The extension may be renewed where the crisis persists.
Any such extension shall be duly reasoned and notified immediately to the Commission. The Commission shall immediately publish this information in the Official Journal of the European Union. Member States shall recognise the validity of driving licences whose period of administrative validity has been extended under this paragraph.
Where a crisis affects several Member States, the Commission may adopt implementing acts in order to extend the period of administrative validity of all or certain categories of driving licences that would otherwise expire. That extension may not exceed six months and may be renewed where the crisis persists. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(3).
Where a Member State is not, and is not likely to be, affected by difficulties that rendered the renewal of driving licences impracticable as a consequence of the crisis referred to in the third subparagraph, or has taken appropriate national measures to mitigate the crises’ impact, that Member State may decide not to apply the extension introduced by the implementing act referred to in the third subparagraph, after first informing the Commission. The Commission shall inform the other Member States thereof and publish a notice in the Official Journal of the European Union.
For the purposes of this paragraph, a crisis means an exceptional, unexpected and sudden, natural or man-made event of extraordinary nature and scale that takes place inside or outside of the Union, with significant direct or indirect impacts on the area of road transport and that also prevents or significantly impairs the possibility for the holders of driving licences or relevant national authorities from carrying out the necessary procedures for their renewal.
5. Without prejudice to national criminal and police laws, Member States may apply to the issuing of driving licences national provisions relating to conditions other than those referred to in this Directive. They shall inform the Commission thereof.
6. When issuing or renewing driving licences in categories AM, A, A1, A2, B, B1 and BE, Member States may require an examination applying the minimum standards of physical and mental fitness for driving set out in Annex III instead of the self-assessment laid down in point 3 of that Annex. In that case, the medical examination shall cover all the medical incapacities mentioned in Annex III.
The Commission shall adopt by [date-of-adoption+18 months] implementing acts setting out the content of the self-assessment referred to in point 3 of Annex III and covering all of the medical incapacities mentioned in that Annex. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(2).
7. No person may hold more than one physical driving licence. A person may however hold several mobile driving licences, provided that these are issued by the same Member State.
No person may hold driving licences issued by more than one Member State.
A Member State shall refuse to issue a driving licence where it establishes that the applicant already holds a driving licence issued by another Member State.
Member States shall take the necessary measures for the purpose of applying the third subparagraph. The necessary measures as regards the issue, replacement, renewal or exchange of a driving licence shall be to verify with other Member States where there are reasonable grounds to suspect that the applicant is already the holder of another driving licence. To that end, Member States shall use the EU driving licence network referred to in Article 19.
Without prejudice to Article 3(6), a Member State issuing a driving licence shall apply due diligence to ensure that a person fulfils the requirements set out in paragraph 1 of this Article, and shall apply its national provisions on the cancellation or withdrawal of the driving licence or of the right to drive if it is established that a licence has been issued without those requirements having been met.
8. The Commission is empowered to adopt delegated acts, in accordance with Article 21, to amend Annexes II, III, V and VI where necessary in order to take account of technical, operational or scientific developments.
1. Where the holder of a valid driving licence issued by a Member State has taken up normal residence in another Member State, he or she may request that his or her driving licence be exchanged for an equivalent licence. The Member State performing the exchange shall check for which category the licence submitted is in fact still valid.
2. Subject to observance of the principle of territoriality of criminal and police laws, the Member State of normal residence may apply its national provisions on the restriction, suspension, withdrawal or cancellation of the right to drive to the holder of a driving licence issued by another Member State and, if necessary, exchange the licence for that purpose.
3. The Member State performing the exchange shall return the old licence to the authorities of the Member State which issued it and give the reasons for doing so.
4. A replacement for a driving licence which has, been lost or stolen may only be obtained from the competent authorities of the Member State in which the holder has his or her normal residence. Those authorities shall provide the replacement on the basis of the information in their possession or, where appropriate, proof from the competent authorities of the Member State which issued the original licence.
1. Where a Member State provides for the exchange of a driving licence issued by a third country to a holder that has taken up normal residence in its territory, that Member State shall exchange the driving licence in accordance with the provisions of this Article.
2. Where a Member State exchanges a driving licence issued by a third country that has not been the object of an implementing decision referred to in paragraph 7, such exchange shall be recorded on the driving licence issued by that member State by way of marking the relevant code from Annex I, Part E, as shall any subsequent renewal or replacement. If the holder of that licence transfers his or her normal residence to another Member State, the latter need not apply the principle of mutual recognition set out in Article 3(6).
Member States shall apply, for such exchanges, the provisions of their national legislation, in accordance with the conditions provided for in this paragraph.
3. Where the driving licence is issued in a category and by a third country that has been the object of an implementing decision referred to in paragraph 7, such exchange shall not be recorded on the driving licence issued by the Member State concerned. In those cases, Member States shall exchange the driving licence in accordance with the conditions set out in the relevant implementing decision.
4. Where a driving licence issued by a Member State was exchanged for a driving licence issued by a third country, Member States shall not require the fulfilment of any additional conditions other than those set out in Article 10(3), first subparagraph, or record any additional information for exchanging that driving licence for a driving licence issued by them, as regards the categories of the initial driving licence.
In the situation referred to in the first subparagraph, where an applicant requests to exchange a driving licence that is also valid for categories concerning which he or she acquired the right to drive in a third country, the following rules shall apply:
(a)if the driving licence was issued in a category and by a third country that has been the object of an implementing decision referred to in paragraph 7, paragraph 3 shall apply;
(b)in the absence of such implementing decision, paragraph 2 shall apply.
5. The exchanges referred to in paragraphs 2, 3 and 4 shall only occur if the driving licence issued by the third country has been surrendered to the competent authorities of the Member State making the exchange.
6. The Commission may identify that a third country has a road transport framework guaranteeing, wholly or partially, a level of road safety that is comparable to the Union one, which allows for the driving licences issued by this third country to be exchanged without recording such exchange on the driving licences issued by Member States, if necessary after complying with certain pre-defined conditions.
Where the Commission identifies such a third country, it may assess the third country’s road transport framework in cooperation with the Member States. Member States shall have six months to provide their opinion on the road transport framework in place in the identified third country. The Commission shall proceed with the assessment once it has received an opinion from all Member States or once the time limit for sending the opinions has passed, whichever is later.
When assessing the road transport framework in place in a third country the Commission shall take into account at least the following elements:
(a)the driver licensing requirements in place, such as the classification of driving licence categories, minimum age requirements, training and driving tests’ requirements and conditions, and medical standards for issuing the licence;
(b)whether the third country issues mobile driving licences and if so, the applicable technical and structural details for operating the system;
(c)the extent to which there are forged driving licences in circulation and what measures are taken to prevent forgery of driving licences;
(d)the period of administrative validity of the driving licences issued by the third country;
(e)the traffic conditions in the third country and whether they are comparable to the traffic conditions on the road networks in the Union;
(f)the road safety performance of the third country.
7. The Commission may, after conducting the assessment referred to in paragraph 6 and by means of implementing decisions, decide that a third country has a road transport framework in place that wholly or partially guarantees, a level of road safety that is comparable to the Union one for the driving licences issued by those third countries to be exchanged without recording such exchange on the driving licence issued by a Member State.
The implementing decision shall contain at least:
(a)the driving licence categories referred to in Article 6, regarding which an exchange may be made without recording it on the driving licence issued by a Member State;
(b)the dates of issuance of the third country driving licences, from which an exchange may be made without recording it on the driving licence issued by a Member State;
(c)any general conditions to be complied with for the purpose of verifying the authenticity of the official document to be exchanged;
(d)any general conditions the applicant has to comply with to demonstrate compliance with the medical standards laid down in Annex III, prior to the exchange.
Where the driving licence of the applicant does not allow compliance with the second subparagraph, points (a) or (b), of this paragraph, Member States may decide to exchange the driving licence in accordance with paragraph 2. Where the applicant is not able to comply with the second subparagraph, points (c) or (d), of this paragraph, Member States shall refuse to exchange the driving licence. Any additional condition that the implementing decision may contain shall provide for either the applicability of the national provisions of the Member State in accordance with paragraph 2, or for the refusal of the exchange of the driving licence, where such conditions are not complied with by the applicant.
The implementing decisions shall be adopted in accordance with the examination procedure referred to in Article 22(2).
8. The implementing decision referred to in paragraph 7 shall provide for a periodic review, at least every four years, of the road safety situation in the third country concerned. Depending on the conclusions of the review, the Commission shall maintain, amend or suspend, to the extent necessary, or repeal the implementing act referred to in paragraph 7.
9. The Commission shall publish in the Official Journal of the European Union and on its website a list of the third countries that have been the object of an implementing decision in accordance with paragraph 7, and shall also publish accordingly any relevant changes made in accordance with paragraph 9.
10. The Commission shall establish a knowledge network to aggregate, process and disseminate knowledge and information on best practices for the integration of foreign professional drivers in the internal market. The network shall include relevant Members States authorities, centres of excellence, universities and researchers, social partners and other relevant actors of the road transport sector.
Article 13 - Effects of a restriction, suspension, withdrawal or cancellation of the right to drive or driving licence
2. A Member State shall refuse to recognise the validity of any driving licence issued by another Member State to a person whose driving licence or right to drive is restricted, suspended, withdrawn or cancelled in the former Member State’s territory.
3. A driving licence or the right to drive shall be considered as restricted, suspended, withdrawn, or cancelled for the purposes of this Article as long as the person concerned is yet to fulfil any conditions, imposed by a Member State, with which he or she must comply with in order to be able to recover his or her right to drive or driving licence or to be able to apply for a new one.
Member States shall ensure that any conditions they impose in order for the holder to be able to recover his or her right to drive or driving licence or to be able to apply for a new one are proportionate, non-discriminatory to holders of driving licences issued by any other Member State and that they do not, by themselves, lead to an indefinite refusal to issue a driving licence or to recognise a driving licence issued by another Member State.
4. Nothing in this Article shall be understood as preventing Member States from banning a person from driving in their territories indefinitely without providing him or her the possibility to recover his or her right to drive or driving licence or to be able to apply for a new one, where this is justified on the basis of his or her conduct.
Where a Member State, in accordance with this paragraph, has imposed an indefinite ban on driving, such Member State may refuse to recognise the validity of any driving licence, issued by another Member State, in its respective territory indefinitely. By way of derogation from paragraph 1 other Member States may, after consulting with the Member State imposing the indefinite driving ban, issue a driving licence to such a person.
1. By way of derogation from Article 7(1), points (b) and (d) respectively, Member States shall issue driving licences, in accordance with Article 10(1), for categories B and C marked with the Union code 98.02 specified in Annex I, Part E, to applicants who have reached the age of 17 years.
2. Holders of a driving licence marked with the Union code 98.02 who have not reached the age of 18 years shall only drive when accompanied by a person who meets the following conditions:
(a)has a minimum age of 25 years;
(b)holds a driving licence of the relevant category issued more than five years ago;
(c)has not been subject to a driving disqualification over the last five years;
(d)has not been subject to a decision in the field of criminal law resulting from a road-traffic related offence;
(e)in the case of a vehicle of category C has the qualification and training provided by Directive (EU) 2022/2561.
3. Member States may require the identification of the accompanying persons referred to in the paragraph 2 in order to ensure compliance with this Article. Member States may limit the number of possible accompanying persons.
4. Member States may apply additional conditions for the issuance of a driving licence marked with the Union code 98.02 to applicants who have not reached the age of 18 years. They shall inform the Commission thereof. The Commission shall make this information available to the public.
1. The holder of a driving licence of a given category issued for the first time shall be considered a novice driver and shall be subject to a probationary period of at least two years.
2. Member States shall lay down rules on penalties for novice drivers who drive with a blood alcohol level exceeding 0.0g/mL and take all measures necessary to ensure that they are implemented. Those penalties shall be effective, proportionate, dissuasive and non‐discriminatory.
3. Member States may establish additional rules applicable on their territory to novice drivers during the probationary period to improve road safety. They shall inform the Commission thereof.
4. Member States shall mark driving licences issued during a probationary period with the Union code 98.01 specified in Annex I, Part E.
5. A probationary period shall not be applied to drivers obtaining a driving licence of category A2 or A in accordance with Article 10(1), point (c).
1. Driving examiners shall meet the minimum standards set out in Annex IV.
Driving examiners already working in that capacity before 19 January 2013 shall be subject only to the requirements concerning quality assurance and regular periodic training measures.
2. The Commission is empowered to adopt delegated acts, in accordance with Article 21, to amend Annex IV where necessary in order to take account of technical, operational or scientific developments.
1. For the purposes of this Directive, normal residence shall be the place where a person usually lives, that is for at least 185 days in each calendar year, because of personal and occupational ties, or, in the case of a person with no occupational ties, because of personal ties which show close links between that person and the place where he or she is living.
However, the normal residence of a person whose occupational ties are in a different place from his or her personal ties and who consequently lives in turn in different places situated in two or more Member States shall be regarded as being the place of his or her personal ties, provided that such person returns there regularly. This last condition need not be met where the person is living in a Member State in order to carry out a task of a definite duration. Attendance at a university or school shall not imply transfer of normal residence.
2. For the purposes of Article 10(3), point (b) and Article 11(4), the normal residence of the staff of diplomatic services of the Union or of its Member States, or of the members of their families forming part of their households, shall be considered to be in the territory of the Member States that issued the driving licences that are being renewed or replaced.
For the purposes of this Article “diplomatic services of the Union” shall include officials from relevant departments of the General Secretariat of the Council and of the Commission, as well as staff seconded from national diplomatic services of the Member States and any other employee or contractor working for the Union institutions, bodies, offices and agencies in the area of external representation and who, in order to be able to perform their contractual duties, have to live at least 181 days in the territory of one or several third countries in a calendar year.
3. Where the holder of a driving licence cannot prove the establishment of his or her normal residence in a given Member State under paragraph 1, the holder may as a last resource have his or her driving licence renewed in the Member State that originally issued it.
4. By way of derogation from Article 10(1), point (e) and for the specific purpose of the first issuance of a driving licence of category B, an applicant whose Member State of normal residence is different from his or her Member State of citizenship may have his or her driving licence issued by the latter, where the Member State of normal residence does not provide for the possibility to pass the theoretical or practical tests in one of the official languages of the Member State of citizenship or with an interpreter.
1. Member States shall apply the equivalences established by Commission Decision (EU) 2016/1945 64 between entitlements obtained before 19 January 2013 and the categories set out in Article 6 of this Directive.
2. Any entitlement to drive granted before 19 January 2013 shall not be removed or in any way qualified by the provisions of this Directive.
1. Member States shall assist one another in the implementation of this Directive. They shall exchange information on the licences they have issued, exchanged, replaced, renewed, restricted, suspended, withdrawn, cancelled or revoked, on the driving disqualifications they have imposed or plan to enact and consult each other in order to verify whether an applicant for a driving licence is not subject to a driving disqualification in any Member State. They shall use the EU driving licence network set up for those purposes.
2. Member States may also use the EU driving licence network for the exchange of information for the following purposes:
(a)to enable their authorities to verify the validity and authenticity of a driving licence during road-side checks or as part of anti-forgery measures;
(b)to facilitate investigations that aim to identify the liable person for road-safety-related traffic offences, in accordance with Directive (EU) 2015/413 of the European Parliament and of the Council 65 ;
(c)to prevent, detect and investigate criminal offences as referred to in [REFERENCE TO PRÜM II];
(d)to enforce Directive (EU) 2022/2561;
(e)to implement and enforce [NEW DIRECTIVE ON THE UNION-WIDE EFFECT OF CERTAIN DRIVING DISQUALIFICATIONS].
3. Access to the network shall be secured. The network shall provide for both synchronous (real time) and asynchronous exchange of information, and for the sending and receiving of secured messages, notifications and attachments.
Member States shall take all necessary steps to ensure that the information exchanged through the network is up-to-date.
Member States may grant access for the network only to the authorities competent for the purposes referred to in paragraphs 1 and 2.
4. Member States shall also assist each other in the implementation of the mobile driving licence, in particular to guarantee the seamless interoperability between the applications and verification features referred to in Annex I, Part C.
5. In order to ensure interoperability between national systems connected to the EU driving licence network and the protection of personal data exchanged in this context, the Commission shall adopt by 6 June 2026 implementing acts laying down the detailed operational, interface and technical requirements of the EU driving licence network. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(2).
6. Member States may cooperate in the enforcement of any partial restriction, suspension, withdrawal or cancellation of the right to drive or a driving licence, in particular where the respective measures are limited to certain driving licence categories or to the territories of certain Member States, in particular through endorsements on the driving licences they have issued.
Member States shall inform the Commission on a yearly basis about the number of driving licences issued, renewed, replaced, withdrawn and exchanged, for each category, including data on the issuance and use of mobile driving licences.
By [entry into force + 5 years], and every five years thereafter, the Commission shall present a report to the European Parliament and the Council on the implementation of this Directive, including its impact on road safety.
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2. The power to adopt delegated acts referred to in Article 4(8), Article 5(6), Article 8(2), Article 10(8) and Article 16(2) shall be conferred on the Commission for a period of five years from [Date of entry into force of the Directive]. The Commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension no later than three months before the end of each period.
3. The delegation of power referred to in Article 4(8), Article 5(6), Article 8(2), Article 10(8) and Article 16(2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
6. A delegated act adopted pursuant to Article 4(8), Article 5(6), Article 8(2), Article 10(8) and Article 16(2) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council, or if before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
1. The Commission shall be assisted by the committee on driving licences. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time limit for delivery of the opinion, the chair of the committee so decides or a simple majority of committee members so request.
Where the committee delivers no opinion, the Commission shall not adopt the implementing act and Article 5(4), third subparagraph, of Regulation (EU) No 182/2011 shall apply.
3. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011 shall apply.
In Article 5(2) of Directive (EU) 2022/2561, the following point (c) is added:
‘(c) from the age of 17, a vehicle in licence category C, provided they hold a CPC as referred to in Article 6(1) and only under the conditions laid down in Article 14(2) of Directive [REFERENCE-TO-THIS-DIRECTIVE];’
In Annex II of Regulation (EU) 2018/1724, is amended as follows:
(a)in the second column, belonging to the row ‘Moving’, the following cell is added: ‘Acquiring and renewing a driving licence’;
(b)in the third column, belonging to the row ‘Moving’, the following cell is added: ‘Issuance, exchange and replacement of EU driving licences’.
1. Member States shall adopt and publish, by [date-of-adoption+2 years] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
They shall apply those provisions as from [date-of-adoption+3 years].
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
1. Directive 2006/126/EC is repealed with effect from [date-of-adoption+3 years].
References made to Directive 2006/126/EC shall be construed as references to this Directive and be read in accordance with the correlation table in Annex VII.
2. Regulation (EU) No 383/2012 is repealed with effect from [date-of-adoption+3 years].
3. References made Regulation (EU) No 383/2012 shall be construed as references to Annex I, Part B, to this Directive, and be read in accordance with the correlation table in Annex VII.
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Directive is addressed to the Member States.