MAG Ireland requested clarification on the exact facility within the EU's 2nd. Directive on Driver Licensing, Article 6, that allowed Ireland to not implement the Direct Access provision. The directive states:
"1. The minimum age
conditions for the issue of driving licences whall be as follows:
(a)16 years:
-for subcategory A1;
-for subcategory B1;
(b)18 years:
-for category A; however, access to the driving of motorcycles with a power
exceeding 25 kW or a power/weight ratio exceeding 0,16 kW/kg (or motorcycles
with sidecars with a power/weight
ratio exceeding 0,16 kW/kg) shall
be subject to a
minimum of two years' experience on motorcycles with lower specifications under
an A licence; this requirement as to previous experience may
be waived if the candidate is at least 21 years old, subject to the candidate's
passing a specific test of skills and behaviour;"
According to the DoE, the word "shall" is an imperative that must be provided for and the word "may" provides an option. In other words, the two-year minimum experience on a lower-powered motorcycle must be implemented, but providing for direct access at age 21 is optional.
MAG's Position
MAG Ireland is most assuredly not in agreement with the interpretation. We believe that the "may" provision gives permission to the state to waive the restriction to lower-powered motorcycle when the candidate passes a specific test of skill and behaviour. It does not give the state the option not to provide for direct access at age 21. Such an interpretation is against the spirit of the directive. The department also used accident statistics as part of it reasoning as to why direct access at age 21 should not be provided, without there being any proof that the size of motorcycle has anything to do with accidents/fatalities.