委员会指令2012/36/EU,修订关于驾驶证的欧洲议会和理事会指令2006/126/EC(1)

技术法规类型:欧盟Eurlex法规 来源:tbtmap

EURLEX ID:32012L0036

OJ编号:OJ L 321, 20.11.2012, p. 54-58

中文标题:委员会指令2012/36/EU,修订关于驾驶证的欧洲议会和理事会指令2006/126/EC(1)

原文标题:Commission Directive 2012/36/EU of 19 November 2012 amending Directive 2006/126/EC of the European Parliament and of the Council on driving licences (1)

分类:07.20.40.10_技术与安全条件

文件类型:二级立法 Directive|指令

生效日期:2012-11-21

废止日期:2058-12-31

法规全文:查看欧盟官方文件

HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 321/54
EN
Official Journal of the European Union
20.11.2012
DIRECTIVES
COMMISSION DIRECTIVE 2012/36/EU
of 19 November 2012
amending Directive 2006/126/EC of the European Parliament and of the Council on driving licences
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
certain social legislation relating to road transport ( 3 ) and
Council Regulation (EEC) No 3821/85 of 20 December
1985 on recording equipment in road transport ( 4 ). Such
an accommodation of existing rules would reduce the
risk that drivers drive with overloaded category B
Having regard to the Treaty on the Functioning of the European
vehicles in order to avoid the costs of training and
Union,
taking the test on C or C1 vehicles, and thus improve
road safety. It would also minimise the administrative
and financial burden on the SMEs and micro-enterprises
having to use such utility vehicles in the course of their
business.
Having regard to Directive 2006/126/EC of the European
Parliament and of the Council of 20 December 2006 on
driving licences ( 1 ), and in particular Article 8 thereof,
(3) The
requirements
concerning
test
vehicles
motorcycles
of
category A1, A2 and A to be used during the test of
skills and behaviour need to be revised in the light of the
Whereas:
technical progress, in particular the development and a
wider use of electric motorcycles. The technical specifi
cations for the test vehicles should also be adapted to
ensure that applicants are tested on vehicles which are
representative of the category for which the driving
(1) The
codes
and
sub-codes
set
out
in
Annex
I
to
Directive
licence would be issued.
2006/126/EC need to be updated in the light of the new
vehicle categories introduced by Directive 2006/126/EC
whose technical characteristics are different from those in
force under Council Directive 91/439/EEC of 29 July
1991 on driving licences ( 2 ). In this context, driving
(4)
The minimum requirements for test vehicles and for the
entitlements acquired before Directive 2006/126/EC
contents of the test of skills and behaviour for category C
applies, on 19 January 2013, should be maintained.
and D vehicles should be amended in the light of
technical progress, in particular to take into account
the increasing development and use in the transport
industry of more modern, safer and less polluting
vehicles equipped with a wide range of semi-automatic
(2) The
contents
of
the
driving
licence
test
for
vehicles
of
or hybrid transmission systems. The competence of
category C1 vehicles should be adapted to the different
drivers should be tested on their abilities to use the trans
characteristics of the vehicles falling under this category.
mission system of vehicles safely, economically and in an
Contrary to category C vehicles, which are dedicated to
environmentally friendly way. The simplification of the
professional transport of goods, category C1 is hetero
current restrictions to drive automatic vehicles would
geneous and includes a wide range of vehicles, such as
also reduce the administrative and financial burden on
vehicles for leisure or personal use, emergency or fire-
SMEs and micro-enterprises operating in the road
fighting vehicles, or utility vehicles used for professional
transport.
purposes but where driving is not the principal activity of
the driver. Drivers of such vehicles should not be
required to demonstrate during the driving test their
knowledge of rules or equipment only applicable to
drivers subject to the legislation related to the profes
(5) Since
Directive
2006/126/EC
will
fully
apply
on
sional transport sector, such as Regulation (EC) No
19 January 2013 this Directive shall enter into force as
561/2006 of the European Parliament and of the
from the day following that of its publication in the
Council of 15 March 2006 on the harmonisation of
Official Journal of the European Union.
( 1 ) OJ L 403, 30.12.2006, p. 18.
( 3 ) OJ L 102, 11.4.2006, p. 1.
( 2 ) OJ L 237, 24.8.1991, p. 1.
( 4 ) OJ L 370, 31.12.1985, p. 8.

EN
20.11.2012 Official
Journal
of
the
European
Union L
321/55
(6) Directive
2006/126/EC
should
therefore
be
amended reference on the occasion of their official publication. Member
accordingly.
States shall determine how such reference is to be made.
(7) The
measures
provided
for
in
this
Directive
are
in 2. Member
States
shall
communicate
to
the
Commission
the
accordance with the opinion of the Committee on
text of the main provisions of national law which they adopt in
driving licences,
the field covered by this Directive.
HAS ADOPTED THIS DIRECTIVE:
Article 3
Article 1
This Directive shall enter into force on the day following that of
its publication in the Official Journal of the European Union.
Annexes I and II to Directive 2006/126/EC are amended in
accordance with the Annex to this Directive.
Article 4
Article 2
This Directive is addressed to the Member States.
1. Member
States
shall
bring
into
force
the
laws,
regulations
and administrative provisions necessary to comply with this
Directive by 31 December 2013 at the latest. They shall
Done at Brussels, 19 November 2012.
forthwith communicate to the Commission the text of those
provisions.
For the Commission
When Member States adopt those provisions, they shall contain
The President
a reference to this Directive or be accompanied by such a
José Manuel BARROSO

L 321/56
EN
Official Journal of the European Union
20.11.2012
ANNEX
I. In Annex I to Directive 2006/126/EC, paragraph 3, concerning page 2 of the driving licence, point (a) point (12), is
amended as follows:
(1) the following code 46 is inserted:
‘46. Tricycles only’;
(2) code 72 is deleted;
(3) code 73 is replaced by the following:
‘73. Restricted to category B vehicles of the motor quadricycle type (B1)’;
(4) codes 74 to 77 are deleted;
(5) code 79 is replaced by the following:
‘79. (…) Restricted to vehicles which comply with the specifications indicated in brackets, for the application of
Article 13 of this Directive
79.01. Restricted to two-wheel vehicles with or without side-car
79.02. Restricted to category AM vehicles of the three-wheel or light quadricycle type
79.03. Restricted to tricycles
79.04. Restricted to tricycles combined with a trailer having a maximum authorised mass not exceeding
750 kg
79.05. Category A1 motorcycle with a power/weight ratio above 0,1 kW/kg
79.06. Category BE vehicle where the maximum authorised mass of the trailer exceeds 3 500 kg’;
(6) the following codes 80 and 81 are inserted:
’80. Restricted to holders of a driving licence for a category A vehicle of the motor tricycle type not having
reached the age of 24 years
81. Restricted to holders of a driving licence for a category A vehicle of the two-wheel motorcycle type not
having reached the age of 21 years’;
(7) the following code 90 is inserted:
‘90. Codes used in combination with codes defining modifications of the vehicle’;
(8) code 96 is replaced by the following:
‘96. Category B vehicles combined with a trailer with a maximum authorised mass exceeding 750 kg where the
maximum authorised mass of such combination exceeds 3 500 kg but does not exceed 4 250 kg’;
(9) the following code 97 is added:
‘97. Not authorised to drive a category C1 vehicle which falls within the scope of Council Regulation (EEC)
No 3821/85 of 20 December 1985 on recording equipment in road transport (*)
___________
(*) OJ L 370, 31.12.1985, p. 8.’.
II. Annex II to Directive 2006/126/EC is amended as follows:
(1) point 4.1.1 is replaced by the following:
‘4.1.1. Rules on driving hours and rest periods as defined by Regulation (EC) No 561/2006 of the European
Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating
to road transport (*); use of the recording equipment as defined by Regulation (EEC) No 3821/85 on
recording equipment in road transport.
___________
(*) OJ L 102, 11.4.2006, p. 1.’;

EN
20.11.2012 Official
Journal
of
the
European
Union L
321/57
(2) the following point 4.1a is inserted:
‘4.1a. Member States may exempt applicants to a licence for a category C1 or C1E vehicle outside the scope of
Regulation (EEC) No 3821/85 from demonstrating their knowledge of the subjects listed in points 4.1.1 to
4.1.3.’;
(3) point 5.1 is replaced by the following:
‘5.1. Vehicle
transmission
5.1.1. The driving of a vehicle with manual transmission shall be subject to the passing of a skills and behaviour
test taken on a vehicle with manual transmission.
“Vehicle with manual transmission” means a vehicle in which a clutch pedal (or lever operated manually
for categories A, A2 and A1) is present and must be operated by the driver when starting or stopping the
vehicle and changing gears.
5.1.2. Vehicles that do not meet the criteria laid down in point 5.1.1 shall be considered to have automatic
transmission.
Without prejudice to point 5.1.3, if an applicant takes the test of skills and behaviour on a vehicle with
automatic transmission this shall be recorded on any licence issued on the basis of such a test. Licences
with this indication shall be used only for driving vehicles with automatic transmission.
5.1.3. Specific provisions concerning vehicles of category C, CE, D and DE
Member States may decide that no restriction to vehicles with automatic transmission shall be recorded on
the driving licence for a category C, CE, D or DE vehicle referred to in point 5.1.2, when the applicant
already holds a driving licence obtained on a vehicle with manual transmission in at least one of the
following categories: B, BE, C, CE, C1, C1E, D, D1 or D1E, and has performed the actions described in
point 8.4 during the test of skills and behaviour.’;
(4) point 5.2 is amended as follows:
(a) the first subparagraph is replaced by the following:
‘5.2. The vehicles used in tests of skills and behaviour shall comply with the minimum criteria given below.
Member States may make provisions for more stringent criteria or add others. Member States may apply
to vehicles of category A1, A2 and A, used in the test of skills and behaviour, a tolerance of 5 cm 3
below the required minimum cylinder capacity.’;
(b) the text concerning Category A1, Category A2 and Category A is replaced by the following:
‘Category A1
Category A1 motorcycle without sidecar, with a power rating not exceeding 11 kW and with a power to
weight ratio not exceeding 0,1 kW/kg, and capable of a speed of at least 90 km/h.
If the motorcycle is powered by an internal combustion engine, the cylinder capacity of the engine shall be at
least 120 cm 3 .
If the motorcycle is powered by an electric motor, the power to weight ratio of the vehicle shall be at least
0,08 kW/kg;
Category A2
Motorcycle without sidecar, with a power rating of at least 20 kW but not exceeding 35 kW and with a power
to weight ratio not exceeding 0,2 kW/kg.
If the motorcycle is powered by an internal combustion engine, the cubic capacity of the engine shall be at
least 400 cm 3 .
If the motorcycle is powered by an electric motor, the power to weight ratio of the vehicle shall be at least
0,15 kW/kg;
Category A
Motorcycle without sidecar, whose unladen mass is more than 180 kg, with a power rating of at least 50 kW.
A tolerance of 5 kg below the required minimum mass may be accepted by the Member State.

L 321/58
EN
Official Journal of the European Union
20.11.2012
If the motorcycle is powered by an internal combustion engine, the cubic capacity of the engine shall be at
least 600 cm 3 .
If the motorcycle is powered by an electric motor, the power to weight ratio of the vehicle shall be at least
0,25 kW/kg;’;
(c) the text concerning Category C and CE is replaced by the following:
‘Category C
A category C vehicle with a maximum authorised mass of at least 12 000 kg, a length of at least 8 m, a width
of at least 2,40 m and capable of a speed of at least 80 km/h; fitted with anti-lock brakes, equipped with a
transmission system providing for a manual selection of gears by the driver and recording equipment as
defined by Regulation (EEC) No 3821/85; the cargo compartment shall consist of a closed box body which is
at least as wide and as high as the cab; the vehicle shall be presented with a minimum of 10 000 kg real total
mass;
Category CE
Either an articulated vehicle or a combination of a category C test vehicle and a trailer of at least 7,5 m in
length; both the articulated vehicle and the combination shall have a maximum authorised mass of at least
20 000 kg, a length of at least 14 m and a width of at least 2,40 m, shall be capable of a speed of at least 80
km/h, fitted with anti-lock brakes, equipped with a transmission system providing for a manual selection of
gears by the driver and with recording equipment as defined by Regulation (EEC) No 3821/85; the cargo
compartment shall consist of a closed box body which is at least as wide and as high as the cab; both the
articulated vehicle and the combination shall be presented with a minimum of 15 000 kg real total mass;’;
(5) point 8.1.4 is replaced by the following:
‘8.1.4. Checking the power-assisted braking and steering systems; checking the condition of the wheels,
wheelnuts, mudguards, windscreen, windows and wipers, fluids (e.g. engine oil, coolant, washer fluid);
checking and using the instrument panel including the recording equipment as defined in Regulation (EEC)
No 3821/85. This latter requirement does not apply to the applicants for a driving licence for a category
C1 or C1E vehicle not falling within the scope of this Regulation;’;
(6) the following point 8.4 is inserted:
‘8.4. Safe
and
energy-efficient
driving
8.4.1. Driving in such a way as to ensure safety and to reduce fuel consumption and emissions during accele
ration, deceleration, uphill and downhill driving, when necessary by selecting gears manually.’;
(7) point 9.3.2 is replaced by the following:
‘9.3.2. Driving economically and in a safe and energy-efficient way, taking into account the revolutions per
minute, changing gears, braking and accelerating (categories B, BE, C, CE, C1, C1E, D, DE, D1, D1E only);’.

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