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Issued 4th May 2006

Dear All

Thanks to all those who have been responding on the dedicated campaign website regarding the 3rd European Driving Licence Directive.

I have delayed putting the details of the campaign to you, our dedicated activists until I had some specific updates and details to the campaign. Which you will find below.

I have been asked, can you explain simply what the directive is all about? My apologies but it is near impossible to do, as you will see when you trawl through the details below but is a very important issue.

However apart from the complexity of now the direct has progressed there is a graph (link below) which sets out the details of the proposed licensing structure.

http://www.network.mag-uk.org/dld/DLDAccessChartMay06.pdf

It will take some time to get your head around it but as explained in the text below it should be easy to comprehend that the proposals if they are passed and implemented will be detrimental for young and new riders and motorcycling in general.

If you don't wish to lobby your MEP or MP on the campaign website (Link Below) please take the time to sign the petition or just fill in the opinion poll, we will be able to use the details from these when we talk to the politicians and legislators before the next stage in the European Parliament.

The details below are also posted on the Network website http://www.network.mag-uk.org/may06frontpage.html and will shortly be on the MAG UK website.

Also on the Network website for May, as if you not are busy enough already are details of a Highway Code consultation http://www.network.mag-uk.org/may06p17.html which finishes on the 10th May and a short lobby on motorcycle friendly crash barriers to MEPs http://www.network.mag-uk.org/may06p11.html asking them to support questions table to the European Commission on crash barriers.

Kind Regards

Trevor Baird

Director Of Public Affairs MAG UK

public-affairs@mag-uk.org

SIGN UP TO DEFEND MOTORCYCLING

Foreword

Have you signed up to the latest campaign to challenge the 3rd European Driving Licence Directive?

The campaign has a dedicated website which gives a new dimension to MAG's concerted efforts calling for the withdrawal of the motorcycle parts of the directive.

On the site you will find a petition to sign which we can present to legislators, a lobby section to email your MP and MEP and a poll to give your opinion on how the directive will have a negative effect on the future of motorcycling."

The purpose of the campaign is to ask for a more meaningful directive that balances riders' reasonable expectations for freedom of access to motorcycles, mobility and the prevention of accidents.

MAG is engaging in an all out game for survival and the European Commission is learning how just determined MAG can be.

To assist to help you make some sense of the Driving Licence proposal you can view and download a graph at http://www.network.mag-uk.org/dld/DLDAccessChartMay06.pdf pdf 80kb

Background to Procedures

Since the proposal for this latest directive was published from the EC (European Commission), we have been consulting and campaigning on its complexities over the past couple of years, not just in the UK but through FEMA (Federation of European Motorcyclists Associations).

Not only is the directive complex but the stages of its development through the various processes in the European Institutions and EP (European Parliament), the Co-Decision Process which is a process that involves EP, Council and EC to arrive at a decision, is enough to make the strongest man or woman sit and stare at a blank wall and cry.

We are now at the end of the Co-Decision process and if we don't "win" here then the Directive including the motorcycle part will pass into law to be put in place by the European Union (EU)
member states, by 2012.

The UK government has already stated it will consult on the implementation of the directive. The motorcycling community in the UK including MAG is already talking in advance of this implementation.

However this is forward planning and MAG has not hung up its leathers yet.

With regards to the Co-Decision process, the Council of Ministers adopted a Common Position in March.

The Common Position in this context is a political agreement between member states. The UK Government at this stage entered a minutes statement reiterating the UK's disappointment that it has been impossible to reach agreement on a better approach to motorcycling staging.

Once translated into all the official languages of the EU (this is expected to take six weeks), the Common Position, will then be formally adopted by the Council at a subsequent session, mostly without a debate and then forwarded to the EP.

On receipt of the Common Position the President of the European Parliament will make an announcement, in plenary session (full sessions open to all MEPs), acknowledging receipt of the Council's Common Position.

A three-month time limit is set out (this period may be extended by a month) which starts on the day following receipt of the Common Position for the European Parliament to take action through a Second Reading in the EP, on the basis of the Council's common position.

Forward on Procedures

This is the situation now and where the present stage of the campaign stands, not just for rider's rights organizations in the UK but with riders groups in Europe through FEMA.

Amendments can be tabled (with certain restrictions on the "type" of amendments that can be put forward), before the second reading in the EP.

Those that can table amendments to the Council's Common Position for consideration in Parliament, are any of the following: the committee responsible, a political group (MEPs are spilt into political groupings) or at least thirty-seven Members (MEPS).

Our strongest way forward at present, is to lobby the MEPs in the parliamentary committee responsible, in this case TRAN (Committee on Transport and Tourism in Europe).

Proposed amendments are put to the vote in committee, which takes a decision by simple majority, hence why we are saying that the UK MEPs who sit on this committee are top of the list to contact at this stage.

If these amendments are accepted and discussed in the EP they must be accepted by an "Absolute Majority".

At present there are 732 MEPs, the maximum for an absolute majority is 367 votes. Under the Co-Decision procedure, an absolute majority is necessary in plenary session when voting on a second reading in order to reject the Council's Common Position or to adopt amendments.

Unfortunately the Council of Ministers has recommended a Second Reading in the EP without further amendments which is one target to aim for and challenge.

As you can see time is limited to a Second Reading which may be in August or September to influence the procedure. We are at the very limits to influence the decision makers to push through changes.

Bare Bones of the Campaign

a.. To keep MEPs aware of our concerns.
b.. To stress to MPs to let Government know of our concerns.
c.. Why we are concerned.
d.. To give the basics of what we are asking for.
e.. A Petition to present to Politicians - Government - Parliament.

One of the main amendments that we asking for, is the removal of the training or testing between the A1 and A2 Licence categories. Although the directive provides some flexibility on how training and testing can be interpreted by member states in the EU, this flexibility can be a stringent interpretation for training of at least 7 hours followed by a short assessment in traffic. Testing can be a replica of the standard practical test or a monitored ride in traffic only.

The testing and training requirements for progressive access are clearly excessive and unjustified as riders could face at the extremes with associated costs, including CBT, four tests from 16 years of age to 22 years depending on the age requirements.

These requirements do not include a theory test or the introduction in 2008 of the 2nd European Driving licence in the UK which includes a two part test, one part conducted "off road" with a brake and swerve manoeuvre, a super CBT. Riders could be the most tested of vehicle drivers in the UK and make motorcycling inaccessible to many people.

The testing and training part of the directive would form part of the consultation with the UK Government to put the directive into practice in the UK.

Past experience has demonstrated that the UK Government and its agencies "Gold Plated" European Directives to their extremes. Would you sign up to contract without knowing how the finer details contained in the fine print would be implemented?

Europe must take the bold option of withdrawing the motorcycling part of the directive so that the 2nd European Driving Licence Directive has had time to be implemented in 2008 to enable governments to determine its effectiveness and to revisit the Directive at a later stage.

What the directive should deliver in terms of training is a structured, relevant and cost-effective basic training to give young and novice riders the essential skills and knowledge capable of safely operating a motorcycle in normal traffic situations on public roads.

In MAG's opinion the testing regime contained in the directive will not deliver what is required to give riders any of the above.

This is particularly poignant as FEMA has been a lead partner together with the European Commission and others in an Initial Rider Training project.

One of the project's objectives is to recommend to the European Commission, the means by which a comprehensive model for initial rider training in Europe can be developed. Unfortunately the consultation of riders by the European Institutions has been steadily ignored.

The main objective of the directive has been to enhance Road Safety and harmonize driving licences, the directive has been tied closely into the European Commission White Paper on the European Transport Policy, the adoption of a RSAP (Road Safety Action Programme) and a European Road Safety Charter initiative to reach the overall objective of halving the number of road fatalities by 2010 as set in the White Paper.

These policies set out the objectives to encourage road users to improve their behaviour, to make vehicles safer and to improve road infrastructure.

FEMA has issued a position paper in response to the Mid Term review on the European Commission White Paper on European Transport Policy and we will be using this as a supporting tool.

The position paper, which MAG contributed to, questions the validity of the RSAP data concerning the number of motorcyclists killed that are an alarming increase in fatalities in the Untied Kingdom, Italy, Belgium and Sweden.

The data used in the RSAP does not take into account the increase in the circulating parc (motorcycles in use) in these countries and Europe overall which has grown to 27 million over the last five years. The position paper also observes that there is currently no uniformity at European level concerning how motorcycle accidents are reported and registered by the competent authorities

While setting out the "correct" trend of motorcycle fatalities the FEMA paper identifies the causes of motorcycle accidents in order to identify valid remedies.

These include Road Infrastructure; construction and maintenance; motorcycle friendly road infrastructure and in particular motorcycle friendly roadside safety barriers; the basic issue of limited attention and the perception of car drivers towards motorcyclists, specifically, right of way accidents and motorcycle awareness campaigns.

European Commission Vice President Jacques Barrot recently stated, "We have 6% more deaths since the year 2000 caused by motorbikes. We have to take very targeted action there."

His biased statement conflicts with research which indicates that the primary blame for accidents with motorcycles and other vehicles lies with the other vehicle driver at least 40% of the time.

It is MAG's opinion that the emphasis should be on other vehicle drivers yet the directive does not address car drivers via the licensing "regime" for these vehicles.

MAG suspects that the extremists in the road safety lobby cannot be appeased on the basis of accident reduction alone, they have to be philosophically and politically defeated. We have to be more determined to preserve biking than they are to destroy it.

The directive will not be a magic European wand that Europe appears to be waving to reduce motorcycle casualties. If the directive goes through unopposed, the foreseeable future of motorcycling will make the Dark Ages look like an overcast cloudy day.

There will certainly be fewer casualties as potential young riders will be discouraged, in spite of the fact that motorcycling is a cheaper and easier means of transport, four wheels is becoming an easier option.

We believe that to discourage people from taking up motorcycling at a time when the environment is desperately in need of less harmful transport options is criminally irresponsible.

This package of measures threatens to drive tens of thousands more people into cars with a double negative whammy - aggravating congestion and pollution by increasing the motoring population who will have no experience of riding motorcycles.

The Lobby

The response from MEPS and MPs has enabled us to build up a political picture of their parties views on the directive. Specifically some of those MEPs who sit on the European transport Committee.

However, there are gaps in our knowledge base regarding the seventy eight MEPs representing the UK.

We need those gaps filled and signatures on the petition to present to the legislators and politicians.

The petition will only take a few moments of your time if you haven't got internet access, ask your mates and get them to sign up as well or try your local library or internet café.

MAG is preparing a detailed document on the specific amendments that we wish to have tabled and the
justifications why the motorcycle part of the directive should be withdrawn and reconsidered at a later stage.

Time is short and MAG needs you to Sign Up to Defend Motorcycling.

1.. The campaign website can be found at the MAG UK website www.mag-uk.org and here
http://campaign.publicaffairsbriefing.co.uk/home.aspx?cid=3f139243-d468-4dee-944e-c66c9022f9b0
(please be careful if forwarding this link you need to copy and paste the full link or you may find yourself in the Campaign for Real Ale website - not necessarily a bad thing.....)

2.. Download a graph on Licence Directive http://www.network.mag-uk.org/dld/DLDAccessChartMay06.pdf pdf 80kb

3.. FEMA's Position Paper on the Mid Term Review can be found at
http://www.fema.kaalium.com/docs/FEMA_position_midtermrev_RSAP.pdf pdf 882kb

4.. Details of full licensing regime from the European Commission Directorate General for Energy and Transport http://www.network.mag-uk.org/dld/2006_memo_driving_licence_en.pdf pdf 565kb

5.. Review MAG's March report on the directive http://www.network.mag-uk.org/dld/MAGDLDReport270306.pdf pdf 75kb