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Implementing 3rd Directive in ESTONIA

Implementing 3rd Directive in ESTONIA. National legislation. The draft legislation of new Traffic Act consolidate now the following provisions (for example): 1) traffic rules 2) bring the Traffic Act into accordance with the requirements of Vienna 1968 convention 3) road safety aspects

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Implementing 3rd Directive in ESTONIA

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  1. Implementing 3rd Directive in ESTONIA

  2. National legislation The draft legislation of new Traffic Act consolidate now the following provisions (for example): 1) traffic rules 2) bring the Traffic Act into accordance with the requirements of Vienna 1968 convention 3) road safety aspects 4) etc

  3. Entry into force The draft legislation of the Estonian Traffic Act will enter into force 01.01.2010.

  4. Readiness to fulfil the requirements of 3rd Directive Estonia will be ready to fulfil the requirements of 3rd Directive by the year 2010. Except… Article 7, subsection 2 (b): As from 19 January 2013, licences issued by Member States for categories C, CE, C1, C1E, D, DE, D1, D1E shall have an administrative validity of 5 years.

  5. Model driving licence (Article 1) ESTONIAN driving licence…

  6. Driving licence (issued for 10 years) Recent changes (01.09.2008) Driving licence is written in 3 languages: 1) Estonian 2) French 3) English

  7. Provisional driving licence (issued for 2 years) 1. II phase training (obligatory) 2. two restrictions: 1) green maple leaf 2) speed limit 90 km/h 3. national code 101

  8. Categories, definitions and minimum ages (Article 4) According to our new draft legislation of Estonian Traffic Act all vehicle categories are brought into accordance with the requirements of 3rd Directive

  9. Category AM Category AM = motor vehicle (registration in the Traffic Register and licence plate) Age = 14 Special training will be provided for young moped drivers.

  10. Category A1 New in Estonian legislation: motor tricycles with a power exceeding/not exceeding 15 kW. Age = 16 (power not exceeding 15 kW) Age = 21 (power exceeding 15 kW) The other definition in Directive for category A1 (power not exceeding 11 kW) is exactly the same as it is in our current legislation.

  11. Category A2 • Category A2 is completely new category in Estonian legislation. • Definition of the category A2 is in accordance with the requirements of 3rd Directive Age = 18

  12. Category A Age 20 = minimum of two years experience on motorcycles under an A2 licence. This requirement as to previous experience may be waived if the candidate is at least 24 years old.

  13. Category B1 In Estonia the definition of B1 is following: Power-driven quadricycles with an unladen mass is 350 kg or more but not exceeding 400 kg or vehicle ment for the carriage of goods 550 kg which net engine power not exceeding 15 kW. Vehicles with an electric actuator, the battery mass shall not be taken into account. Age = 16

  14. Category B Maximum authorised mass of the combination is exceeding 4250 kg = practical driving test. Estonia is going to use the code 96.

  15. Subcategory D1 Definition will be exactly the same as in Directive (no more than 16 passengers in addition to driver and maximum length is not exceeding 8m). Age = 21

  16. Category D and DE Minimum age for category D and DE will be 24 years. Exception: For the professional drivers at the age of 18 years on the following conditions: 1) category B driving licence 2) passed successfully occupational training (280 hours) 3) provides transportation service in the 50 km area. National code 106 on the Estonian driving licence.

  17. Mutual recognition (Article 2) and issue, validity and renewal (Article 7)

  18. What kind of driving licences are valid in Estonia? • driving licences that are issued in the member States of European Economic Area as well as in Swiss Confederation • driving licence that is issued in the Contracting State of the 1968 Vienna convention and prepared pursuant to the principles of this convention • driving licence of the Contracting State of the 1949 Geneva Convention with the international driving permit 4. driving licences of those countries that are entered into an international agreement of mutual recognition of driving licence with Estonia

  19. EU driving licences

  20. Exchanging EU driving licences in Estonia A driving licence of a person who settles in Estonia issued in a Member State of the EU need not be replaced with an Estonian driving licence. Exception The validity of EU driving licence is more than 10 years(e.g: Germany, Finland). Driving licence must be exchanged to Estonian driving licence from 2 years after the date on which the holder has taken up normal residence in Estonia and got a residence permit.

  21. What happens if the person do not exchange his EU driving licence during the 24 months since the day he took up his normal residence in Estonia? It is required to pass theory test as well as practical driving test. (this requirement exist at the moment in draft legislation of Traffic Act although it is not 100 % sure that theoretical and practical tests are required).

  22. How long might be the EU driving licence invalid? It is not decided yet (it could be 1-5 years) in the draft legislation of Traffic Act

  23. Invalid driving licence If the Estonian driving licence has been invalid for 5 years then it is obligatory to pass theory test and practical driving test.

  24. Reminder system for the holders of Estonian driving licence Paper-free online system of ARK that enables to inform the licence holder (by SMS or e-mail) that his driving licence is going to loose the validity. The licence holder should give his acceptance (in digital network system) that he would like to receive this information by SMS or e-mail.

  25. III country driving licence

  26. Exchanging III country driving licence in Estonia Driving licence that is issued in III country (e.g: USA) shall be valid 12 months as of the date on which the person settled in Estonia.

  27. Replacement of III country driving licence to Estonian driving licence Driving licence issued in a III country shall be replaced with an Estonian driving licence with a test (theory test and practical driving test).

  28. Why theory & practical driving test are required? • we don’t know under which conditions the driving licence was issued in III country • what kind of training was completed in III country 3) we can’t interpret the categories on the III country driving licence

  29. Exchanged III country driving licence Exchanged driving licences are stored in ARK (in our archive).

  30. Invalid III country driving licence ARK do not exchange invalid III country driving licence. What happens? That persons should go to the driving school in Estonia.

  31. Documents required from drivers of power-driven vehicles Pursuant to the new draft legislation of Estonian Traffic Act: When driving a motor vehicle in Estonia, the driver should not carry with him a driving licence, the registration certificate of the motor vehicle and its trailer any longer in case he has an identification document (e.g: ID card, passport) with him. Same convenient advantage applies also to foreigns who hold an Estonian driving licence.

  32. Staging and equivalences between categories (Article 6)

  33. Article 6, subsection 1 (a) in 3rd Directive Licences for categories C1, C, D1 and D shall be issued only to drivers already entitled to drive vehicles in category B

  34. In Estonia: grant of right to drive category C, D and subcategory C1 and D1 motor vehicles, and road trains: 1) the right to drive motor vehicles in category C and subcategory D1 may be granted to a person who has held a category Bdriving licence for at least one year. 2) the right to drive motor vehicles in category D may be granted to a person who has held a category B driving licence for at least two years. 3) the right to drive motor vehicles in subcategory C1 may be granted to a person at the same time as he or she is granted the right to drive motor vehicles in category B or to a person who has been granted the right to drive motor vehicles in category B. 4) the right to drive road trains in categories BE, CE or DE and subcategories C1E or D1E may be granted to a person who has been granted the right to drive the corresponding category of lorry or truck. 5) the right to drive of road trains shall not be granted to a person who holds a provisional driving licence.

  35. Category AM Article 6, subsection 2 (d) in 3rd Directive says that licences granted for any category shall be valid for vehicles in category AM. Same in Estonia although the AM category is not inserted on the driving licence.

  36. Category A1 Article 6, subsection 3 (b) says that Member State may grant the following equivalenves on their territory: category A1 motorcycles under a licence for category B. In Estonia will be the following situation: A1 = B category driving licence (only tricycles with a power exceeding 15 kW).

  37. Category A We have a stage-by-stage principle for applying category A right to drive in Estonia. Category A = 2 years experience on a motorcycle in category A2.

  38. Various provisions concerning the exchange, the withdrawal, the replacement and the recognition of driving licences (Article 11)

  39. Article 11, subsection 1 in 3rd Directive Where the holder of a valid national driving licence issued by a Member State has taken up normal residence in another Member State, may request that his driving licence be exchanged for an equivalent licence.

  40. Equivalent licence ARK exchange EU driving licence for an equivalent licence without taking into account national categories (e.g: tractors) because of the non-harmonized standards in this matter.

  41. Article 11, subsection 2 in 3rd Directive The Member State of normal residence may apply its national provisions on the restriction, suspension, withdrawal or cancellation of the right to drive to the holder of a driving licence issued by another Member State

  42. The situation in Estonia According to the new draft legislation of Traffic Act we withdraw the person’s right to drive not the driving licence.

  43. Normal residence (Article 12)

  44. 185 days in each calendar year = ID card = Estonian driving licence.

  45. Mutual assistance (Article 15)

  46. Inquiries to other Member States ARK makes inquiries only if we have doubts about some Member State driving licence.

  47. Thank you for your attention!

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