Dáil Éireann debate -
Wednesday, 8 Dec 1993

Vol. 436 No. 8

Adjournment Debate. - Driving Licence Regulations.

Mrs. Doyle

I hope the Minister of State will have good news in response to my query in relation to a South African driving licence and reciprocal arrangements here. On 30 November last I tabled a parliamentary question to the Minister for the Environment asking him to indicate the reason a South African driving licence is not accepted here in view of the fact that strict written and practical driving tests are required in South Africa where they speak the same language as us and drive on the same side of the road. Only that week the Minister issued an order on exchange arrangements for foreign driving licences in relation to Australia, Austria, the Isle of Man, Jersey, Norway, Sweden and Switzerland.

For the purposes of driving licence exchange under the terms of the Road Traffic (Licensing of Drivers) Regulations, 1989, we recognised those states, Up to then only EC member states and Japan were recognised for the purposes of driving licence exchanges. The effect of the Minister's order allowed holders of licences in those states exchange their licences for equivalent Irish licences without having to sit a driving test here. Reciprocally, holders of Irish licences could exchange them for local licences. Will the Minister extend to South Africa the arrangement for exchanging foreign driving licences? In reply to the parliamentary question to which I referred the Minister stated:

South African driving licences do not distinguish between drivers who have passed driving tests in vehicles with automatic transmission and drivers who qualified in vehicles with manual transmission. Since the EC Directive on driving licences requires that drivers who pass tests in vehicles with automatic transmission should only be given licences limited to that category of vehicle, it would not be appropriate to give recognition to South African licences for exchange purposes.

The gentleman in respect of whom I am raising this question represents seven or eight others in Wexford. When I gave him a copy of the Minister's reply to my parliamentary question he went to the trouble of getting documentary proof from the South African traffic authorities which I have with me. I have photocopies of several South African licences from which it is clear that limitation G on a South African driving licence is for automatic transmission only. In other words, if people in South Africa do their test in an automatic car the limitation G is put on their licence. Limitation A indicates that there are no limitations to the type of vehicle that can be driven by people holding such licences and that the test was done in a manual vehicle. If that was the Minister's only difficulty in refusing my previous request, will he re-examine the South African regulations and indicate his reason for refusing to recognise South African driving licences here? The copies of the driving licences I have illustrate that when a test is done in an automatic vehicle a limitation is put on the driving licence restricting driving to automatic vehicles only. Given the reason for the Minister's refusal and my information which appears to contradict the information from the Department of the Environment, can I assume the matter will be reviewed and that all bona fide South African licences will be recognised here and exchanged without the holders having to resit their test?

Mr. Browne

(Wexford): I would first like to thank Deputy Doyle for raising the question of the recognition of South African driving licences for exchange purposes in this country and for giving me an opportunity to clarify why South African licences are not recognised. I would also like to outline the criteria used in this country for determining whether to recognise other countries for driving licence exchange purposes and to justify and explain the non-recognition of South African licences here.

As a member of the European Union, Ireland is party to an arrangement whereby a driving licence issued in any one member state is recognised for exchange purposes in all the other member states. This mutual exchange arrangement has been enhanced by the adoption, in 1980, of a First EC Directive on driver licensing, the main objectives of which were to provide closer harmonisation of driving test standards among all of the member states, to arrange for a situation where the vehicle category arrangements for driver licensing purposes were fairly uniform among the member states, and to introduce a standard format of driving licence throughout the Union. In effect, the purpose of the First Directive was to provide for a scenario whereby the arrangements in relation to obtaining driving licences in all the member states would be uniform. All member states now have fairly similar driving test standards and driver licensing arrangements. A Second EC Directive on driver licensing was adopted by the member states in 1991, which they are required to implement by 1996. This Second EC Directive provides for even more detailed harmonisation of the driver testing and driver licensing arrangements already provided for in the First EC Directive.

Both Directives provide for member states recognising and exchanging driving licences issued by third countries i.e. non-European Union states, though each member state has discretion in this regard. When considering the question of recognising a third country for licence exchange purposes, the driver testing system operated in that country is examined to see if a reasonable standard is applied and, if not, we do not offer recognition. Other factors to be taken into account in this regard are reciprocity and whether the country in question differentiates between automatic and manual transmission in its driver testing and licensing arrangements.

Having given the matter some detailed consideration and research, the only non-European Union countries which have so far been declared as recognised states for licence exchange purposes in Ireland are as follows: Japan, Australia, Austria, Isle of Man, Jersey, Norway, Sweden and Switzerland. Indeed, the latter seven were only so declared last month. Each of these countries has satisfied the criteria necessary for being declared as recognised states for driving licence exchange purposes in this country.

The main problem with South Africa, and indeed a number of other countries also, is that unrestricted licences are granted to persons who pass tests in vehicles with automatic transmission. In effect, as stated in a written reply to Deputy Doyle on this issue last week, South African driving licences do not distinguish between drivers who have passed tests in vehicles with automatic transmission and drivers who qualified in vehicles with manual transmission. In other words, a person who passes a test in a vehicle with automatic transmission in South Africa will automatically pick up entitlement to drive vehicles with manual transmission even though that person will not have undergone a test in a vehicle with manual transmission.

Mrs. Doyle

That is not so.

Mr. Browne (Wexford)

It is widely accepted that there is a distinct difference between driving vehicles with manual and automatic transmission and the vast majority of the developed countries provide for this distinction in their driver testing and licensing arrangements. Indeed, it can be strongly argued that there are possible serious road safety implications in not making this distinction. Furthermore, the First EC Directive on driver licensing which is currently being implemented here, specifically requires that drivers who pass tests in vehicles with automatic transmission should only be given licences limited to that category of vehicle. The Second Directive, which as already stated is required to be implemented by the member states by 1996, reaffirms this provision.

It should also be mentioned in this connection that the United Kingdom, which would be regarded as having fairly close links with South Africa, does not recognise South African driving licences for exchange purposes.

I trust the foregoing clarifies the logic behind the non-recognition of South African driving licences in this country for exchange purposes. However, if the Deputy supplies me with the documentation she has with her, I will ask Mr. Farrelly in the Department of the Environment to see if we can facilitate her request.