Commission Directive 2012/36/EUShow full title

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(1)’.

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(2); use of the recording equipment as defined by Regulation (EEC) No 3821/85 on recording equipment in road transport.’;

(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 cm³ 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 cm³.

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 cm³.

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.

If the motorcycle is powered by an internal combustion engine, the cubic capacity of the engine shall be at least 600 cm³.

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 acceleration, 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);’.

(1)

OJ L 370, 31.12.1985, p. 8.’.

(2)

OJ L 102, 11.4.2006, p. 1.’;