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LEGAL COOPERATION IN CRIMINAL MATTERS
Convention
on driving disqualifications of 17 June
1998
1. Objective
This convention aims at creating a
binding legal framework between Member States in order to ensure
that drivers disqualified from driving in a Member State other than
the country of normal residence do not avoid the effects of the
disqualification by leaving the Member State where the offence was
committed (indeed the licence in such cases must be returned to the
driver when he leaves the country of the offence).
2. European Union measure
- Convention on Driving Disqualifications
(OJ N° C 216 of 10 July 1998 p 2)
It shall be noted that this Convention, although signed on 17
June 1998, has not yet entered into force.
-
Explanatory
report on the Convention on driving
disqualifications of 24 June 1999 (OJ
N° C 211 of 23 July 1999 p 1)
3. Content
- Article 1 of the Convention defines the terms
"driving disqualification", "State of the
offence", "State of residence" and "motor
vehicle".
- According to Article 3 the State of the offence
is obliged to notify the central authorities of the State of
residence of any driving disqualification imposed for an offence
arising from conduct referred to in the Convention.
- the State of residence shall give effect to the
decision imposing disqualification from driving taken in the
State of the offence by directly executing that decision, by
executing it via a judicial or administrative decision or by
converting the decision into a judicial or administrative
decision (Article 4)
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