Text file: 3950.txt
author: "An\u017Ee Barle"
downvotes: 1
end consideration date: 2012-12-08
id: '3950'
number comments: 5
number views: 16720
proposal type: Competent authority response
response: "Response from the Ministry of Infrastructure and Spatial Planning\nArticle\
  \ 16 of the Law on Road Traffic Rules (Official Gazette of the Republic of Slovenia,\
  \ No 109/10 and 57/12) stipulates that a driver is obliged to carry a document proving\
  \ that he/she is authorised to drive a vehicle in road traffic. A fine of EUR 40\
  \ is imposed for infringement of this provision.\nThe requirement to carry a document\
  \ - the driving licence - when driving in road traffic is derived from the Convention\
  \ on Road Traffic (Vienna, 1968) and is justified by the objectives of the efficiency\
  \ of the road driver verification procedure, from a safety point of view, and the\
  \ prevention of the circulation of counterfeit driving licences. The requirement\
  \ to carry a driving licence is justified by the increasing involvement of foreign\
  \ drivers in road transport and the lack of a national network of driving licences\
  \ which would allow direct and immediate verification of all the necessary information\
  \ on the driver or the driving licence.\nDirective 2006/126/EC of the European Parliament\
  \ and of the Council of 20 December 2006 on driving licences also stipulates that\
  \ no one may hold more than one driving licence. This is particularly relevant for\
  \ the implementation of this Directive, which allows a person to exchange his/her\
  \ foreign driving licence for a driving licence of another EU Member State, but\
  \ the country carrying out the exchange must return the old licence to the authorities\
  \ of the Member State which issued it and must first check whether the conditions\
  \ for the exchange are met (whether the foreign driving licence was valid, etc.).\n\
  All these reasons, taking into account the principle of equal treatment of drivers,\
  \ show that the requirement to hold a document when driving in road traffic is justified.\
  \ However, a person may also use his driving licence in the Republic of Slovenia\
  \ as a document to prove his identity.\nWith regard to the proposal to give a person\
  \ who does not carry a driving licence a verbal warning, we would like to clarify\
  \ that, in accordance with the Offences Act, an authorised official may, instead\
  \ of imposing a sanction, give a warning to the offender. The authorised official\
  \ of the offence enforcement authority may warn the offender if the offence committed\
  \ is of minor importance and if the authorised official considers that a warning\
  \ is a sufficient measure in view of the importance of the offence.\nWe would also\
  \ like to add that a fine of EUR 40 is the minimum fine that may be imposed for\
  \ an offence in the Republic of Slovenia under the Offences Act. The fine for driving\
  \ a motor vehicle without a driving licence of the relevant category is significantly\
  \ higher, namely EUR 500.\n "
response date: 2013-01-03
response due date: null
sent date: 2012-11-09
title: Driving without a licence
upvotes: 31
url: https://predlagam.vladi.si/predlog/3950
