ANESDOR denounces the Spanish initiative to illegally anticipate the application date of the 3rd Driving Licence Directive
Spanish manufacturers asked Government to bring back the old licence scheme and to restore the access age of mopeds to 14 years with the aim of rescuing the ailing PTW market.
Representatives of the motorcycle industry grouped under ANESDOR (Spanish Association of the Powered Two-Wheeler Sector) held a press conference in Madrid last 22 June to denounce the illegal anticipation of the application by the Spanish General Directorate of Traffic (DGT) of the 3rd Driving Licence Directive which sets new requirements for motorcycle licenses. The adoption of the A2 motorcycle licence category which limits the use to vehicles below 35Kw, according to Anesdor, caused a severe market distortion and is in breach of the Directive.
Led by ANESDOR president and BMW Ibérica CEO, Juan Luis Fernandez de la Llama, the industry representatives said that the entry into force of the new regulatory framework "is four years ahead of the deadline set by the European Directive 2006/126/EC, and has led to a sharp market downturn in powered two-wheelers sales of 57%".
The representative of Kawasaki, Ramon Bosch, recalled that the beginning of this aggravating situation dates back to December 2009, when the A2 license category was created well in advance of EU prescriptions, causing an incompatibility with other European countries, and preventing Spanish riders from legally using a motorcycle outside Spain. According to Bosch "this irresponsible decision by the DGT does not only violate the right to free movement of persons sanctioned by EU treaties, but also discourages the purchase of motorcycles below 35kW (47 hp)."
Manufacturers furthermore noted that last September 1, 2010 the access to mopeds (50cc) was unjustifiably raised to 15 years, strangling the sales of a vehicle around which most manufacturers concentrate much of their production. Damage to the 50cc segment was also caused by the decisions taken in the past by the DGT such as increasing to 400 Euros the cost of a moped license, which lead to 57 months of consecutive decline for this segment since April 2007.
Anesdor believes that these barriers have lead to “wasting the legacy of an industry that over history has had more than 100 brands, and is now witnessing the relocation of production to countries like France or Italy, where the regulatory environment is friendlier, despite higher production costs”.
Furthermore, Anesdor recalls that under the new scheme upgrading one's A2 licence to the A permit (i.e. over 35kW) will cost over a thousand Euros making those vehicles that are of higher profitability for the industry, less interesting. In this regard, Eduardo Bigas, representative of Montesa Honda, stressed: “We are committed to training, but under reasonable economic conditions.” According Bigas, “manufacturers were the first to promote road safety awareness among motorcycle riders for more than 20 years.”
ANESDOR Secretary General, José Maria Riaño, stressed that the registrations of motorcycles of more than 47 hp (35kW) have been "at a standstill for two years, also because DGT ruled out complementary forms of direct access to progressive A licence categories." Riano said: "This alternative would have supported the market. Two years have to pass before a rider can upgrade his A2 licence to a full A permit. Since the entry into force of the new scheme no new A licences allowing the use of motorcycles of over 35kW have been issued. This situation will endure until December 2011 when the first A2 licence holders will be entitled to ride motorcycles of more than 35kW."
Manufacturers recalled that, overall, the new regulatory framework designed by the Ministry of Transport, without the involvement of the industry has strangled the market in almost all power ranges, and led to the destruction of over 12,500 jobs.
Suzuki Director General, Juan Carlos Andrés Aguado, said that “not involving manufacturers in the discussions on the new licensing framework was a mistake by the General Directorate of Traffic, since businesses are familiar with the reality of this sector and therefore they are the main accredited partner.”
The decline in demand prompted the manufacturers to call for the postponement of the application date of the new licence scheme until January 19, 2013, the legal date required by the European Commission for the simultaneous implementation in all Member States.
Background information
On December 8, 2009 DGT adopted the A2 motorcycle licence which limits the use to vehicles of less than 35 kW (47 hp). This new licence was introduced in haste, with Spain the only country to anticipate the application date of the EU Directive which clearly prescribes the simultaneous implementation in all Member States by January 19, 2013.
The ensuing legal incompatibility between Spanish motorcycle permits and the rest of the EU prevents Spanish riders from leaving their country, and if they do so, they risk penalties and are not covered by insurance. This situation brought about by the Spanish Administration breaches Community law and violates the right to free movement of persons, a fundamental principle enshrined in the European Union treaty.
Furthermore on September 2010, the Ministry of Interior decided to increase to 15 years the minimum age for mopeds. Next to Greece, Spain was also the only European country to adopt such a measure. The result has been a contraction of the moped segment by -73% since 2007, when 126,000 units were registered, compared to slightly more than 34,000 in 2010. Such a drop equals to the extintion of the moped segment and of most of the Spanish PTW industry.
The ill-advised early application of the 3DLD has resulted so far in a PTW market decline of 57%, from more than 395,000 units registered in 2007 to 169,000 of last year.
While the other Member States try to mitigate the effects of the crisis by implementing policies with realism, Spain has caused serious damage to the PTW industry to date leading to the destruction of 25% of jobs in a global workforce of 50,000 in 2007.
In this dire context, ANESDOR requests to postpone the implementation of the new European motorcycle licence scheme as provided for by the EU Directive.
Until then, ANESDOR demands to re-establish legality through the restoration of the previous scheme, recognising those A2 licences that were obtained in the meantime and can not leave the Spanish borders. ANESDOR also calls for the restoration of the access age to mopeds to 14 years.
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Further reading:
ACEM press release: "Motorcycle Manufacturers concerned about transposition initiatives of new Driving Licence Directive in the EU"