The Cabinet of Ministers of Ukraine (CMU) has submitted to the Verkhovna Rada a draft law that provides for major changes to the Law “On Road Traffic.” It aims to harmonize Ukrainian legislation with EU requirements. Among the innovations are: additions and new articles to the Law “On Road Traffic,” digitalization, clarification regarding the termination, suspension, and restoration of the right to drive a vehicle (TS), and, in particular, the introduction of an updated system of driving license categories.
Source: OBOZREVATEL
Draft Law No. 15200 proposes expanding the powers of the government in the field of road safety. This includes the Cabinet of Ministers’ right to approve samples of driver’s licenses, registration documents, and the distinctive vehicle registration plate of Ukraine.
Separately, it is proposed to grant the government authority to regulate the use of electronic documents — driver’s licenses and vehicle registration certificates. The government will determine the procedure for their generation and verification.
In addition, it will define the requirements for the data contained in electronic driver’s licenses and electronic vehicle registration certificates. It is also proposed to change the procedure for updating them, as well as measures for processing and protecting the personal data of document holders.
The draft law also proposes allowing the Cabinet of Ministers to decide on delegating part of the administrative services in this area to local self-government bodies.
In the Law “On Road Traffic,” Article 15-2 proposes detailing and introducing a new classification of driving license categories:
AM – mopeds and light quadricycles (speed up to 45 km/h);
A1, A2, A – different classes of motorcycles and tricycles depending on engine power:
– A1 – motorcycles and tricycles with power less than 11 kW and 15 kW respectively;
– A2 – motorcycles with power up to 35 kW;
– A – motorcycles (with or without sidecar) and tricycles, power up to 35 kW and 15 kW respectively;
B1 – quadricycles weighing up to 400 or 550 kg for vehicles intended for cargo transport;
B – passenger cars (up to 3500 kg, up to 8 passenger seats):
– B – passenger cars up to 3500 kg and up to 8 passenger seats;
– BE – category B vehicle with a trailer not exceeding 3500 kg;
C1, C – trucks of different weights:
– C1 – vehicles weighing more than 3500 kg but less than 7500 kg, with no more than 8 passengers, may be combined with a trailer not exceeding 750 kg;
– C1E – vehicles of categories B and C1 + trailer, total mass less than 12000 kg;
– C – vehicles weighing more than 3500 kg for transporting fewer than 8 passengers, may be combined with a trailer up to 750 kg;
– CE – category C vehicle + trailer weighing 750 kg;
D1, D – vehicles for passenger transport (buses):
– D1 – buses for transporting 16 passengers, up to 8 meters in length, may be combined with a trailer up to 750 kg;
– D1E – category D1 vehicle + trailer heavier than 750 kg;
– D – vehicles for transporting more than 8 passengers, may be combined with a trailer weighing up to 750 kg;
– DE – category D vehicle + trailer heavier than 750 kg;
Tm – trams;
Tb – trolleybuses.
Amendments to Article 15-3 propose changes regarding age restrictions and conditions for obtaining driving rights:
From 15 years – category AM.
From 16 years – categories A1 and B1.
From 17 years – categories B and BE, but only when accompanied by a person with at least two years of driving experience in the relevant category.
From 18 years – categories A2, B, BE, C1, C1E.
From 20 years – category A (motorcycles), if the person has two years of experience in A2 (without experience – from 24 years).
From 21 years – A category tricycles, trucks (C, CE), buses (D1, D1E), and electric transport (Tm, Tb), however for categories C and D the right may be obtained from 18 years with a professional driver education certificate.
The current list of license categories is as follows:
Changes to the rules for termination and restoration of the right to use vehicles
Article 15-4 of the law proposes changing the rules for terminating a driver’s license:
a driver’s license becomes invalid if: its validity period has expired, the document has been lost or stolen, a foreign license has been obtained, or it was not surrendered in time after a court decision.
the validity is suspended if the document was issued for the first time (for 2 years) and the person was deprived of the right to drive, or if it is discovered that the license was issued based on falsified documents.
restoration of driving rights after a court deprivation (if it is not the first license) requires passing both theoretical and practical exams, as well as undergoing a medical examination.
Article 15-5 of the draft law proposes changes regulating the procedure for restoring the right to drive vehicles depending on the reason for its suspension:
if a person was deprived of driving rights by a court decision (except in cases of first-time issuance of a license), restoration is possible only after the deprivation period ends, and requires passing theoretical and practical exams as well as an unscheduled medical examination;
in cases where the right was temporarily restricted by a court or suspended due to a decision of a state enforcement officer, it is automatically restored after the term expires or the relevant decision is revoked, without the need for exams or medical checks.
If the reason for suspension was medical contraindications or failure to undergo a timely medical examination, the driver only needs to undergo an unscheduled medical check and receive a positive conclusion. In this case, no exams are required. If a court decision on deprivation or restriction of rights is canceled, the right is restored immediately without any additional checks.
An important feature is that if the grounds for restoring driving rights arise later than one year after their suspension, the person is in any case required to pass exams and undergo a medical examination to regain the license. After fulfilling all legal requirements and submitting the relevant application, the territorial body of the Ministry of Internal Affairs returns the confiscated license to the driver.
Discussion about this post