Directive 2009/112 - Amendment of Council Directive 91/439/EEC on driving licences

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1.

Current status

This directive was in effect from September 15, 2009 until January 18, 2013 and should have been implemented in national regulation on September 15, 2010 at the latest.

2.

Key information

official title

Commission Directive 2009/112/EC of 25 August 2009 amending Council Directive 91/439/EEC on driving licences
 
Legal instrument Directive
Number legal act Directive 2009/112
CELEX number i 32009L0112

3.

Key dates

Document 25-08-2009
Publication in Official Journal 26-08-2009; OJ L 223, 26.8.2009,Special edition in Croatian: Chapter 07 Volume 008
Effect 15-09-2009; Entry into force Date pub. + 20 See 12006E254
End of validity 18-01-2013; Implicitly repealed by 32006L0126
Transposition 15-09-2010

4.

Legislative text

26.8.2009   

EN

Official Journal of the European Union

L 223/26

 

COMMISSION DIRECTIVE 2009/112/EC

of 25 August 2009

amending Council Directive 91/439/EEC on driving licences

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 91/439/EEC of 29 July 1991 on driving licences (1), and in particular Article 7a(2) thereof,

Whereas:

 

(1)

The minimum requirements for fitness to drive are not harmonised to the full extent. Member States are allowed to impose standards that are stricter than the minimum European requirements, as laid down in Annex III point 5 to Directive 91/439/EEC.

 

(2)

Since the existence of different requirements in different Member States may affect the principle of free movement the Council specifically asked for a review of the medical standards for driver licensing set out in Annex III to Directive 91/439/EEC in its resolution of 26 June 2000.

 

(3)

In line with this Council resolution, the Commission advised that medium- and long-term work should be undertaken in order to adapt Annex III to scientific and technical progress as laid down in Article 7a(2) of Directive 91/439/EEC.

 

(4)

Eyesight, diabetes and epilepsy were identified as being medical conditions affecting fitness to drive which needed to be considered; to that end working groups comprised of specialists appointed by Member States were set up.

 

(5)

These working groups produced reports with a view to updating the relevant points of Annex III to Directive 91/439/EEC.

 

(6)

Directive 91/439/EEC should therefore be amended accordingly.

 

(7)

The measures provided for in this Directive are in accordance with the opinion of the Committee on driving licences,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Annex III to Directive 91/439/EEC is amended as set out in the Annex.

Article 2

  • 1. 
    Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive no later than one year after entry into force of this Directive. They shall forthwith inform the Commission thereof.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a 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 texts of the main provisions of national law which they adopt in the field governed by this Directive.

Article 3

This Directive is addressed to the Member States.

Done at Brussels, 25 August 2009.

For the Commission

Antonio TAJANI

Vice-President

 

 

ANNEX

Annex III to Directive 91/439/EEC is amended as follows:

 

1.

point 6 is replaced by the following:

‘EYESIGHT

 

6.

All applicants for a driving licence shall undergo an appropriate investigation to ensure that they have adequate visual acuity for driving power-driven vehicles. Where there is reason to doubt that the applicant’s vision is adequate, he/she shall be examined by a competent medical authority. At this examination attention shall be paid, in particular, to the following: visual acuity, field of vision, twilight vision, glare and contrast sensitivity, diplopia and other visual functions that can compromise safe driving.

For group 1 drivers, licensing may be considered in “exceptional cases” where the visual field standard or visual acuity standard cannot be met; in such cases the driver should undergo examination by a competent medical authority to demonstrate that there is no other impairment of visual function, including glare, contrast sensitivity and twilight...


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This text has been adopted from EUR-Lex.

 

5.

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