91998E1741

WRITTEN QUESTION E-1741/98

by Mary Banotti (PPE) to the Commission

(5 June 1998)

Subject: Directive 91/439/EEC on driving licences

Directive 91/439/EEC(1) on driving licences states that account must be taken of the state of a person's epilepsy in considering the issue of or renewal of a driving licence. The Directive lays down a guideline of no epileptic seizure for the past two years.

Could the Commission explain why a period of two years is used?

Is the Commission aware that, in the UK, a period of only one year is laid down for the issue or renewal of a driving licence?

If so, is the Commission aware of the development in medical science which underpins the period of twelve months laid down in UK law?

Since the period of two years laid down in the Directive seems to be no more than a recommendation, could this not be changed in accordance with the guidelines used in the UK?

Answer given by Mr Kinnock on behalf of the Commission

(15 July 1998)

Provisions relating to the issuing and renewal of driving licences to people with epilepsy are laid down in Annex III point 12 of Council Directive 91/439/EEC on driving licences(2).

Point 12.2 stipulates that no group 2 licences (lorries and buses) may "be issued to or renewed for applicants or drivers suffering or liable to suffer from epilepsy seizures or other sudden disturbances of the state of consciousness". However, group 1 licences (motorcycles and cars) may be issued subject to a number of conditions, one of which is the progress of the epilepsy (point 12.1).

The Commission relied upon the advice of medical experts in drafting its proposal. Given the many different types of epilepsy, the medical experts who discussed these provisions in the late 1980s considered that no precise seizure-free period should be laid down. Consequently, the Directive is indicative: "no seizure in the last two years, for example".

On 23 March 1998, the committee on the driving licence, established by Directive 97/26/EC of 2 June 1997(3), (amended Directive 91/439/EEC) discussed the same issue in order to try to harmonise the seizure-free period. Although the seizure-free period established by Member States ranged between 6 months and 2 years in general, it is as long as 5 years for some specific types of epilepsy.

It is evident, therefore, that the reasons for not specifying a fixed period remain unchanged.

(1) OJ L 237, 24.8.1991, p. 1.

(2) OJ L 237, 24.8.1991.

(3) OJ L 150, 7.6.1997.