3rd European Directive On Driving Licences - better biking bmf
Produced for the BMF by Christopher Hodder -
chris.hodder@bmf.co.uk - 07791 570819
3rd European Directive on Driving Licences
What is the 3rd DLD?
The 3rd DLD is a major alteration of the current legislation on driving licences and has specific impacts on motorcycle licensing. The directive is known as 2006/126/EC in the official European Parliament Journal.
When does it come into effect?
The directive must come into effect in the UK by 19th January 2013. It will only affect riders taking a test after this date.
Why is this relevant now?
The Driving Standards Agency (DSA) and the Driver and Vehicle Licensing Agency (DVLA) recognise that serious mistakes were made during the implementation of the 2nd Directive which mandated various off-road additions to the motorcycle test and consequently are
consulting with stakeholders now to avert further problems.
What went wrong with the 2nd Directive?
The 2nd Directive added various manoeuvres to the current test that had to be performed in an offroad environment. The DSA didn't consult early enough and therefore didn't realise that the current system of testing could not accommodate these manoeuvres. New supercentres for testing have had to be built due to reasons of space and currently there are not enough centres to accommodate the requirements. This means that from July this year, many learners will have to travel over 60 miles to take a motorcycle test.
What does the 3rd Directive say?
The 3rd Directive mandates staged access to motorcycle riding amongst other things.
Primarily, learners will have to pass a practical and theory test to get on a bike and will be restricted to certain categories until either training or testing has been completed. Direct access will be available, only the age limit will be raised from 21 to 24 years.
What is the situation in the UK at the moment?
In the UK, we already have staged access. Once you complete your Compulsory Basic Training (CBT), you may ride a 125cc motorcycle on a provisional permit. If you pass your motorcycle test on a 75-125cc motorcycle, you are entitled to an A1 (light motorcycle) category which entitles you to ride a 125cc with a pillion, on a motorway and without 'L' plates. If you pass your test on a 120-125cc motorcycle capable of 100kph, you are entitled to an A category licence which allows you to ride any motorcycle up to 33bhp (0.16kw/kg) with a pillion, on a Motorway and without 'L' plates. You are restricted to 33bhp for two years (known as Small A), after which time you may ride any motorcycle (upgrade to full A entitlement). If you are over 21, you can get access to any size motorcycle by passing a Direct Access test which must be taken on a motorcycle over 46.6bhp. You are still required to pass your CBT to do this. In practice, this is by far the most common option.
What does the 3rd Directive change?
The 3rd Directive does not cover provisional entitlements, so the CBT system will still remain in place. However, the licence categories are to be radically altered. A1 (light motorcycles up to 125cc) will remain. There will be a new category of A2 (medium motorcycles up to 46.6bhp) which is larger than our current Small A category. Category A will remain. The key difference will be the mandatory 2 year gap between categories and the test for each stage. Also, as mentioned above, the age for Direct Access will be raised from 21 to 24.
What are the age gaps?
Currently, if you are 17, you may pass a test for Category A and at 19 you may ride any size motorcycle. If you are over 21, you may pass a test and ride any size motorcycle. Under the new system, there will be a mandatory 2 year gap. This means that assuming the 17 years age limit is kept, you may pass an A1 test at 17, pass an A2 test at 19 and pass an A test at 21. If you are over 24, you may pass a test and ride any size motorcycle.
Is testing compulsory?
Yes and no. There must be a test which complies with the 2nd Directive regime at some stage. However, it is not necessary to test at each stage. A minimum of 7 hours training (incorporating a short test) may be used instead. This is already the preferred option in the UK by the DSA, DVLA and the motorcycle lobby.
What is the new regime likely to look like?
Currently, the preferred option is to favour training over testing. Therefore, there will be a practical and theory test for Category A1 and one days training for both A2 and Category A. There is significant confusion over provisional entitlements, but it is likely that the CBT will remain, but there will not be provisional entitlements for the larger categories.
Are there any changes for mopeds?
Yes. Mopeds will now become an official EU category (Category AM) meaning that citizens can ride mopeds in different member states. Unfortunately, the definition of moped is to change limiting top speed to 45km/h. This will replace the current category of P in the UK.
Why is this an issue for the BMF?
The BMF understands that almost all of our members have motorcycle licences and therefore the issue will not be directly relevant to them. However, the new and more complicated regime will be a barrier to new riders and will consequently reduce the number of motorcycles on the road. This will mean that as a group our voice will be significantly smaller and therefore effecting changes in legislation and opinion will be much harder.
better biking 3rd European Directive on Driving Licences
bmf Produced for the BMF by Christopher Hodder -
chris.hodder@bmf.co.uk - 07791 570819
Further Reading
3rd Directive text
2nd Directive text
DSA impact assessment of 2nd Directive
FEMA response to proposal
Department for Transport Consultation
http://eurlex.europa.eu/LexUriServ/site ... 180060.pdfhttp://europa.eu/eur-lex/en/consleg/pdf ... do_001.pdfhttp://www.dsa.gov.uk/Documents/consult ... AnnexA.pdfhttp://www.fema.ridersrights.org/docs/F ... ly2006.pdfhttp://www.dft.gov.uk/consultations/arc ... ondocumentWhat can be done to prevent the legislation?
Nothing. As it is now European law, it must be implemented by the UK government. However, we are already making progress to lessen the impact of the changes. We believe that training will be less of a barrier to new riders than testing and will have positive impacts on rider safety provided that trainers are properly regulated. This is a view currently shared by all parties concerned.
What happens next?
The legislation must be written into UK law by the 19th January 2011. This means that it must be put before the house either during the 2010-2011 session or before. Lobbying work will continue to make sure that the impact is proportional and sensible and that training is mandated as opposed to testing.
Produced for the BMF by Christopher Hodder -
chris.hodder@bmf.co.uk - 07791 570819 3