Changes from adopted text to adopted text

RemovedThe person concerned may recover the driving licence or the right to drive in accordance with the national rules of the Member State of issuance. [Am. 23]

Removed3. Where the driving disqualification consistsresults in a suspension or a restriction, the measures taken by the Member State of issuance shall comply withbe the following conditions: [Am. 24]

Removed(a) the Member State of issuance shall suspend or restrict the validity of the driving licence or the right to drive of the person concerned until the date on which the suspension or the restriction imposed and notified by the Member State of the offence ceases to have effects;

Removed(b) where the suspension or the restriction imposed and notified by the Member State of the offence is subject both to the lapse of a fixed amount of time and period and the fulfilment of additional conditions, the Member State of issuance shall take into account only the fixed period of time;; [Am. 25]

Removed(c) where a restriction is imposed and notified by the Member State of the offence, it shall be taken into account insofar as compatible with the law of the Member State of issuance in terms of its nature or duration.

Removed3a. The Member State of issuance shall aim to ensure that, within the existing legal limits of national rules, the measures taken pursuant to paragraphs 2 and 3 with regard to driving disqualifications are aligned to the greatest extent possible with the corresponding measures imposed by the Member State of the offence. [Am. 26]

Removed4. Without prejudice to the ground for exemption laid down in Article 8(1), point (a), when adopting measures under this Article, the Member State of issuance shall be bound by and rely on the information and facts provided by the Member State of the offence in accordance with Article 5.

RemovedArticle 7 Effects of driving disqualifications in the Member State of the offence

Removed1. This Directive shall not prevent the Member State of the offence from executing the driving disqualification within its territory and in accordance with its national rules.

Removed2. Where a driving disqualification containing additional conditions has been notified to the Member State of issuance in accordance with Article 4(1), the Member State of the offence may continue to apply such driving disqualification within its territory until the person concerned complies with those conditions.

Removed3. However, additional conditions attached to a driving disqualification notified in accordance with Article 4(1) shall be deemed to be fulfilled by the Member State of the offence where the Member State of issuance has positively assessed that the person concerned fulfillshas fulfilled the conditions applicable in the Member State of issuance for recovering the right to drive or the driving licence or to be able to apply for a new one. In such case, the Member State of the offence shall be bound by the positive assessment of the Member State of issuance and its effects. The Member State of the offence shall therefore no longer apply the additional conditions. However, the Member State of the offence may continue to apply the driving disqualification on its territory until the end of its duration. [Am. 27]

RemovedArticle 8 Grounds for exemption

Removed1. The Member State of issuance shall not take the measures referred to in Article 6(1) where:

Removed(a) the certificate referred to in Article 5 is incomplete or manifestly incorrect and the missing or the correct information has not been provided in accordance with paragraph 3, of this Article;

Removed(b) the driving disqualification has already been fully executed in the Member State of the offence;

Removed(c) the driving disqualification is statute-barred in accordance with the law of the Member State of issuance;

Removed(d) there is a privilege or immunity under the law of the Member State of issuance that prevents the execution of the driving disqualification; [Am. 28]

Removed(e) at the moment of adopting the measures, referred to in Article 6(3), the remaining period of the suspension or of the restriction to be served pursuant to the driving disqualification is less than one month;

Removed(f) judicial proceedings took place and according to the certificate the person concerned did not appear in person at the trial that resulted in the adoption of the driving disqualification, unless the certificate states that, in accordance with further procedural requirements defined in the law of the Member State of the offence, either of the following circumstances have occurred:

Removed(i) the person concerned was summoned in person in due time and was thereby informed of the scheduled date and place of the trial that resulted in the driving disqualification, or actually received, by other means, official information of the scheduled date and place of that trial in such a manner that it was established unequivocally that that person was aware of the scheduled trial, and was informed in due time that such a driving disqualification could be handed down if that person did not appear at the trial;

Removed(ii) being aware of the scheduled trial, the person concerned had given a mandate to a lawyer, who was either appointed by the person concerned or by the State, to defend that person at the trial and was actually defended by that lawyer at the trial; or

Removed(iii) after having been served with the driving disqualification and having been expressly informed of the right to a retrial or an appeal, in which the person concerned would have the right to participate and which would allow a re-examination of the merits of the case including an examination of fresh evidence, and which could lead to the original driving disqualification being reversed, that person expressly stated that he or she did not contest the driving disqualification, or did not request a retrial or appeal within the applicable time limits;

Removed(g) in exceptional situations, there are substantial grounds to believe, on the basis of specific and objective evidence, that the execution of the driving disqualification would, in the particular circumstances of the case, entail a breach of a fundamental right as set out in the Charter.

Removed2. The Member State of issuance may decide to apply also the following grounds of exemption:

Removed(a) the driving disqualification relates to a major road-safety-related traffic offence that, on the basis of the information notified under Article 4(1), would not be sanctioned with a driving disqualification under the law of the Member State of issuance;

Removed(b) the driving disqualification was imposed only on grounds of speeding and the speed limitsin force in the Member State of the offence, provided that the speed limit on the road where the speeding took place was clearly demarcated, were exceeded in the case of residential area roads, by less than 30km/h and in the case of non-residential area roads, by less than 50 km/h; [Am. 29]

Removed(c) under the law of the Member State of issuance, the person concerned cannot, due to his or her age, be held liable for the major road-safety-related traffic offence in respect of which the driving disqualification was issued.

Removed3. Whenever the Member State of issuance intends to apply in a specific case a ground for exemption pursuant to paragraph 1 or 2, it shall inform without delayno later than ten working days following a decision to apply an exemption, the Member State of the offence and, where applicable, request any necessary information for the purpose of examining whether a ground for exemption referred to therein applies. The Member State of the offence shall provide the requested information without delayno later than ten working days following the request and may provide any additional information or comment it deems relevant. [Am. 30]

RemovedInformation provided under this paragraph shall not include personal data other than those strictly necessary for the application of paragraphs 1 and 2 and shall be used for the sole purpose of applying those paragraphs.

RemovedArticle 9 Time-limits

Removed1. The Member State of issuance shall take the measures referred to in Article 6 (1)6(1) or adopt the decision that a ground of exemption pursuant to Article 8 applies without delay and, without prejudice to paragraph 3, no later than 15 working days after it received the certificate in accordance with Article 5(1). [Am. 31]

Removed2. The national contact point of the Member State of issuance shall communicate without delayno later than ten working days following the adoption of the measures taken under Article 6(1) or the decision that a ground of exemption applies pursuant to Article 8 to the national contact point of the Member State of the offence through RESPER. [Am. 32]

Removed3. Where it is not possible, in a specific case, to meet the time-limit set out in paragraph 1, the national contact point of the Member State of issuance shall inform via RESPER the national contact point of the Member State of the offence without delay by any meansno later than ten working days following the expiry of that time-limit, giving the reasons for which it was not possible to meet that time-limit.

RemovedThe expiry of the time-limit set in paragraph 1 shall not relieve the Member State of issuance of its obligation to take the measures referred to in Article 6(1) without delay. [Am. 33]

RemovedArticle 10 Consultations between the Member States

RemovedWhere necessary, Member States shall consult each other in a timely manner, in order, via appropriate means and without delay, to ensure the effective application of this Directive. [Am. 34]

RemovedArticle 11 Information to be given by the Member State of issuance

RemovedThe national contact point of the Member State of issuance shall without delay inform the national contact point of the Member State of the offence no later than ten working days following the adoption: [Am. 35]

Removed(a) of the reception of the notification of the driving disqualification, in accordance with Article 4(1);

Removed(b) of the measures taken under Article 6, once they have become legally binding;

Removed(c) of any decision that a ground of exemption pursuant to Article 8 applies together with the reasons for the decision;

Removed(d) of any measure suspending or terminating the Union-wide effect of the driving disqualification and the underlying reasons, including on account of the successful challenge by the person concerned.

RemovedArticle 12 Information to be given by the Member State of the offence

RemovedThe national contact point of the Member State of the offence shall without delay inform the national contact point of the Member State of issuance, no later than ten working days following the adoption: [Am. 36]

Removed(a) any circumstance that affects the decision that imposed the driving disqualification, including any relevant information with regard to any fulfilment that has already taken place in the Member State of the offence of any additional conditions imposed in relation to a driving disqualification; [Am. 37]

Removed(b) of the execution of the driving disqualification in the Member State of the offence.

RemovedArticle 13 Obligation to inform the person concerned

Removed1. Following both the reception of the notification under Article 4(1) and the adoption of measures under Article 6(1), respectively, the Member State of issuance shall inform the person concerned without delayno later than seven working days following the reception of the notification under Article 4(1) or the adoption of measures under Article 6(1), in accordance with procedures under its national law. [Am. 38]

Removed2. The information to be provided in accordance with paragraph 1 shall at least specify:

Removed(a) when the information is given following the reception of the notification under Article 4(1):

Removed(i) the name, postal address, phone number, internet presence and e-mail contact of the authorities competent for the enforcement of the driving disqualification of both the Member State of issuance and the Member State of the offence; and [Am. 39]

Removed(ii) legal remedies available under the law of the Member State of issuance, including the right to be heard;

Removed(b) when the information is given following the adoption of measures taken under Article 6(1):

Removed(i) the details of the measures taken by the Member State of issuance;

Removed(ii) legal remedies available under the law of the Member State of issuance to challenge the measures taken.

RemovedArticle 14 Legal remedies

Removed1. Member States shall ensure adequate legal remedies against decisions or measures taken pursuant to this Directive, equivalent to those available in similar domestic cases. They shall take the appropriate measures to ensure that information about such remedies is provided in due time to ensure that they can be exercised effectively.

Removed2. A driving disqualification notified under Article 4(1) may be challenged only in an action brought in the Member State of the offence.

Removed3. The Member State of the offence and the Member State of issuance shall inform each other about the legal remedies sought against decisions or measures taken pursuant to this Directive.

RemovedArticle 15 National contact points