EU Council supports mutual recognition of driving disqualifications

Giuseppe de vita
Credit: Pixabay, freestocks-photos

Brussels (Brussels Morning Newspaper) – The European Council endorsed mutual recognition of driving disqualifications across EU states to enhance road safety and enforce sanctions.

The European Council adopted its negotiating position on a European Commission proposal concerning certain driving disqualifications constituting part of the so-called ‘road safety’ legislative package. 

The proposal is a component of the “road safety package”, adopted by the EU Commission on 1 March 2023, which includes the revision of the directive on driving licences and the revision of the directive on cross-border enforcement of road-safety-related violations. Under the proposal, the member state which gave the driving licence (‘member state of issuance’) will be obliged to execute, under specific conditions and per its national legislation, a driving disqualification set on a road traffic offender by another member state where the heavy road traffic offence has been perpetrated (‘member state of the offence’).

What are the main elements of the Council’s position?

As reported by the EU Council, as an alternative strategy to the EU-wide effect proposed by the Commission and given that a member state cannot ensure that its national rules on driving disqualifications are enforced by the other member states, the Council’s position assembles on the instrument for mutual recognition of the driving licences under the new directive on driving licences. 

What is the EU Council’s position on driving disqualifications?

Council states that the different kinds of driving disqualifications have been clearly explained, and adaptations have been pushed so that all member states can enforce the directive even when specific types of driving disqualifications are not present in their national system. To ease the administrative burden, driving disqualifications with a period of less than three months and for which the remaining time to be served is less than one month are excluded from the range of the directive. 

According to the Council’s standing, the member state of the offence possesses the possibility, in accordance with its national regulations and with effects confined to its territory, to apply driving disqualifications and any complementary requirements set thereunder until the driver yields with them. The member state of the offence may also set a period of ban for re-issuing a driving licence during which it may decide not to identify the driving licence that was re-issued in the member state of issuance.

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Giuseppe De Vita is a journalist at Brussels Morning News, He is covering European politics, Law and Technology news. Lawyer at De Vita & Partners Law Firm specializing in Criminal Law, Military and Space Law, and Cyber Security. In April 2023, he authored the monograph "Governance in Extraterrestrial Space", showcasing his extensive legal expertise. He has acquired vast experience in handling criminal and civil matters, managing litigation before various levels of jurisdiction across the national territory. In 2010, he obtained a Master's degree in Information Technology Law. Additionally, in the same year, he served as a teacher in criminal-IT subjects at the Penitentiary Police School of Portici, providing courses aimed at officials and managers of the Penitentiary Police and the Penitentiary Administration, focusing on IT security. He also serves as a Workplace Safety teacher, conducting training courses at various organizations and educational institutions. Moreover, he is a lecturer on Anti-Corruption and Transparency. The law firm, under his guidance, assists both private and corporate clients in court, accumulating significant experience in criminal and civil disputes over the years. Furthermore, it conducts Risk Management and Compliance, Cyber Resilience, and Cyber Security activities, with a specific focus on privacy protection (EU Regulation 2016/679 - GDPR). Giuseppe frequently publishes articles in legal journals, analyzing various regulatory issues. He has contributed articles to the legal journal Altalex, of which he is also a member of the Scientific Committee.
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