35 Amendments of Jan-Christoph OETJEN related to 2023/0053(COD)
Amendment 242 #
Proposal for a directive
Recital 25
Recital 25
(25) The Commission should be empowered to adopt a decision identifyinggive holders of licences from third countries that, which ensure a comparable level of road safety as the Union and providing, the opportunity to holders of licences issued by these countries to exchange their driving licences on similar terms as if they were issued by a Member State. These conditions should be detailed and well- defined to all relevant driving licence categories. Further, the Commission should be allowed to assess if a third country has a professional driver training, certification rules and examination procedures, which are fully or partially comparable to the Union, in order to ultimately issue a certificate comparable to the Certificate of Professional Competence (CPC). This certificate is, in addition to the driving licence, the second mandatory requirement for professional drivers to be able to carry out transport operations for an EU-based transport undertaking.
Amendment 250 #
Proposal for a directive
Recital 29
Recital 29
(29) The accompanied driving scheme should, without prejudice to its overall goal of improving road safety, make the profession of truck driver more accessible and appealing to younger generations, in order to broaden their occupational possibilities, and to help tackle the driver shortage within the Union. Therefore, it should cover category C, C1, CE and C1E driving licences and their prerequisite B and BE category licences.
Amendment 256 #
Proposal for a directive
Recital 30
Recital 30
(30) It should be ensured that drivers who newly acquirepassed their driving licence in a given categorytest do not endanger road safety on account of their inexperience. For those novice drivers a probationary period of two years should generally be established, during which they. In case a novice driver already has a valid driving licence for another category, the probationary period shall only include what may remain of the probationary period of the existing driving licence. During this period drivers should be subjected to stricter rules and penalties Union-wide when breaking them, due to the influence of alcohol. The penalties for such conduct should be effective, proportionate, dissuasive and non-discriminatory and their severity should to the furthest extent possible take into account the Union’s mid- term and long-term goals of halving and nearly eliminating deaths and serious injuries. As regards any other restrictions on novice drivers, Member States should be allowed to freely implement additional rules in their territory.
Amendment 301 #
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Member States shall ensure that by 19 January 20303, all physical driving licences issued or in circulation fulfil all the requirements of this Directive.
Amendment 319 #
Proposal for a directive
Article 6 – paragraph 1 – point b – point iii a (new)
Article 6 – paragraph 1 – point b – point iii a (new)
(iiia) categories AM, A1, A2, A: – without prejudice to the provisions of type-approval rules for the vehicles concerned, motor vehicles in category AM, A1, A2 or A may be combined with a trailer with a maximum authorised mass exceeding 750 kg;
Amendment 322 #
Proposal for a directive
Article 6 – paragraph 1 – point c – point ii – indent 1
Article 6 – paragraph 1 – point c – point ii – indent 1
– motor vehicles with a maximum authorised mass not exceeding 3 504 250 kg and designed and constructed for the carriage of no more than eight passengers in addition to the driver.
Amendment 326 #
Proposal for a directive
Article 6 – paragraph 1 – point c – point viii – indent 1
Article 6 – paragraph 1 – point c – point viii – indent 1
– motor vehicles designed and constructed for the carriage of more than 8 but not more than 1622 passengers in addition to the driver and with a maximum length not exceeding 8 meters.
Amendment 351 #
Proposal for a directive
Article 7 – paragraph 1 – point c – point ii
Article 7 – paragraph 1 – point c – point ii
(ii) 218 years for powered tricycles exceeding 15 kW;
Amendment 355 #
Proposal for a directive
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) 21 years for categories C, CE, D1, D1E, D and D1E;
Amendment 361 #
Proposal for a directive
Article 7 – paragraph 1 – point d a (new)
Article 7 – paragraph 1 – point d a (new)
(da) 18 years for categories C and CE, D1 and D1E, for holders driving professionally both nationally and internationally, and which hold a Certificate for Professional Competence (CPC) referred to in Article 6(1) of Directive (EU) 2022/2561;
Amendment 376 #
Proposal for a directive
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
(d) for categories B and BE down to 176 years.
Amendment 377 #
Proposal for a directive
Article 7 – paragraph 3 – introductory part
Article 7 – paragraph 3 – introductory part
3. Member States may lower the minimum age for category C, CE to 18 years and for category D, DE to 21 years with regard to:
Amendment 389 #
Proposal for a directive
Article 7 – paragraph 4 – subparagraph 1
Article 7 – paragraph 4 – subparagraph 1
Driving licences issued 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.
Amendment 393 #
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 401 #
Proposal for a directive
Article 9 – paragraph 2 – point a a (new)
Article 9 – paragraph 2 – point a a (new)
Amendment 402 #
Proposal for a directive
Article 9 – paragraph 2 – point a b (new)
Article 9 – paragraph 2 – point a b (new)
(ab) licences issued for category D1 shall be valid for category C1;
Amendment 403 #
Proposal for a directive
Article 9 – paragraph 2 – point d a (new)
Article 9 – paragraph 2 – point d a (new)
(da) licences issued for category D shall be valid for category C1 and C;
Amendment 415 #
Proposal for a directive
Article 9 – paragraph 2 – point h
Article 9 – paragraph 2 – point h
(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/EC63 and for driving motor caravans as defined in Annex I, Part A, point 5.1 to Regulation (EU) 2018/858 with a maximum authorised mass above 3 500 kg but not exceeding 4 250 kg without a trailer. __________________ 63 Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic (OJ L 235, 17.9.1996, p. 59).
Amendment 417 #
Proposal for a directive
Article 9 – paragraph 2 – point h
Article 9 – paragraph 2 – point h
(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/EC63 with a maximum authorised mass above 3 504 250 kg but not exceand motor caravans defined ing 4 250 kg without a trailer Annex I, Part A, point 5.1 to Regulation (EU) No 2018/858. __________________ 63 Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic (OJ L 235, 17.9.1996, p. 59).
Amendment 447 #
Proposal for a directive
Article 10 – paragraph 1 – point e
Article 10 – paragraph 1 – point e
Amendment 470 #
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 7
Article 10 – paragraph 2 – subparagraph 7
Amendment 500 #
Proposal for a directive
Article 12 – paragraph 10 a (new)
Article 12 – paragraph 10 a (new)
10a. The Commission may, by means of an implementing decision, assess that a third country has a professional driver training, certification rules and examination procedures, which are fully or partially comparable to the Union, and a level of road safety that is comparable to the Union, which allows for the Certificate of Professional Competence (CPC), or equivalence, issued by the third country to be exchanged and issued with a new CPC, issued by a Member State: - after completing an additional competence training of up to 35 hours, - to be conducted in the most practicable language, - including, should the need arise, with appropriate language support, in line with the provisions of the EU Driver Training Directive (EU) 2022/2561, to ensure high level of competence and road safety. Member States shall have six months to provide their opinion on the Commission assessment regarding this third country. The Commission shall proceed with the implementing act once it has received an opinion from all Member States or once the time limit for sending the opinions has passed, whichever is later.
Amendment 513 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
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 CBE marked with the Union code 98.02 specified in Annex I, Part E, to applicants who have reached the age of 176 years.
Amendment 516 #
Proposal for a directive
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. By way of derogation from Article 7(1), points (d), Member States may, for driving on their territory, issue driving licences for category C1, C, CE and C1E in accordance with Article 10(1), provided the driver holds a Certificate of Professional Competence awarded in accordance with Article 6 of Directive (EU) 2022/2561, marked with the Union code 98.02 specified in Annex I, Part E, to applicants who have reached the age of 17 years. Licences issued in accordance with the first subparagraph shall be mutually recognised by the Member States that issue such licences.
Amendment 518 #
Proposal for a directive
Article 14 – paragraph 2 – introductory part
Article 14 – paragraph 2 – introductory part
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, in the front passenger seat, who is able to provide guidance during the driving. The accompanying person shall comply with the rules on driving under the influence of alcohol or drugs or in an incapacitated state due to any other reason. The accompanying person shall meet the following conditions:
Amendment 523 #
Proposal for a directive
Article 14 – paragraph 2 – point b
Article 14 – paragraph 2 – point b
(b) holds an EU driving licence of the relevant category issued more than five years ago;
Amendment 526 #
Proposal for a directive
Article 14 – paragraph 2 – point b a (new)
Article 14 – paragraph 2 – point b a (new)
(ba) in the case of a vehicle category C1, C, CE and C1E has undergone a dedicated 7-hour training course to learn the necessary professional and pedagogical skills, as part of their periodic CPC training. Member States may decide to increase the duration of the training to 14-hours.
Amendment 527 #
Proposal for a directive
Article 14 – paragraph 2 – point c
Article 14 – paragraph 2 – point c
Amendment 528 #
Proposal for a directive
Article 14 – paragraph 2 – point d
Article 14 – paragraph 2 – point d
Amendment 529 #
Proposal for a directive
Article 14 – paragraph 2 – point e
Article 14 – paragraph 2 – point e
Amendment 543 #
Proposal for a directive
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3a. The accompanied driving scheme does not restrict Member States’ existing options to lower the minimum age for category B and to apply related conditions nationally.
Amendment 547 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
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 leastissued after the passing of a driving test shall be subject to a probationary period of at least two years. If the holder of the driving licence already has a valid driving licence for another category, the probationary period shall only include what may remain of the probationary period for the existing driving licence, unless the existing driving licence is issued for category AM only. The duration of the probationary period shall be determined by the Member State issuing the driving licence and shall not be less than two years.
Amendment 596 #
Proposal for a directive
Article 23 – paragraph 1
Article 23 – paragraph 1
Directive (EU) 2022/2561
Article 5(2) point c
Article 5(2) point c
(c) from the age of 17, a vehicle in licence category C1, C, CE and C1E, 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];
Amendment 606 #
Proposal for a directive
Article 23 – paragraph 1 a (new)
Article 23 – paragraph 1 a (new)
Directive (EU) 2022/2561
Article 5 – paragraph 3 – point a
Article 5 – paragraph 3 – point a
In Article 5, paragraph 3, point a, is replaced by the following: "3. Drivers of a vehicle intended for the carriage of passengers may drive: (a) from the age of 21: (i) a vehicle in driving licence categories D and D + E to carry passengers on regular services where the route does not exceed 50 kilometres and a vehicle in driving licence categories D1 and D1 + E, provided that they hold a CPC as referred to in Article 6(2). Any Member State mayshall authorise drivers of vehicles in one of those categories to drive such vehicles within its territory from the age of 18, provided that they hold a CPC as referred to in Article 6(1); (ii) a vehicle in driving licence categories D and D + E, provided that they hold a CPC as referred to in Article 6(1). Any Member State may authorise drivers of vehicles in one of those categories to drive such vehicles within its territory from the age of 20, provided that they hold a CPC as referred to in Article 6(1). This may be reduced to the age of 18 where the driver drives such vehicles without passengers;lower the minimum age for categories D and DE to 18 years on their territory, provided that drivers have undergone a full professional training and are holders of a Certificate for Professional Competence (CPC) according to the provisions of Article 6(1), of Directive (EU) 2022/2561;"
Amendment 751 #
Proposal for a directive
Annex III – point 5
Annex III – point 5