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Judicial cancellation of driving licence after offence

Verified 26 January 2022 - Legal and Administrative Information Directorate (Prime Minister)

Judicial cancellation of driving licences driving prohibition a vehicle for which a licence is required. It's a sanction decided by the judge in case offence serious (drinking and driving, narcotics, manslaughter...). The duration of the driving ban is usually 3 years maximum. Before returning to the driver's licence, you must pass a medical check including a psychotechnical test.

The judicial cancellation of the licence is a penalty imposed by judge in case offence seriouse.

The judicial cancellation of the licence is different from invalidation (administrative cancellation) that occurs if all points are lost.

The judicial cancellation of the licence is also different from the cancellation that a prefect may decide for health reasons following a medical examination.

The judge may decide to cancel your driving licence in the case of a serious infringement.

In some cases, the cancellation of the licence is automatic.

For example manslaughter or recurrence.

Offences resulting in cancellation and duration of prohibition against reissuing licence

Offences

Cancellation

Duration of prohibition to reissue licence

Amazing

Driving under narcotic control

Decision of the judge

Maximum 3 years

Recidivism

Automatic

Maximum 3 years

Alcoholic state

Driving alcoholic condition orblatant drunkenness

Decision of the judge

Maximum 3 years

Recidivism

Automatic

Maximum 3 years

Refusal to undergo checks

Refusal to undergo checks on alcohol or drug use

Decision of the judge

Maximum 3 years

Recidivism

Automatic

Maximum 3 years

Aggravated involuntary attacks resulting in total incapacity for work of more than 3 months

Automatic

Maximum 10 years

Manslaughter

Aggravated manslaughter

Automatic

Maximum 10 years

Recidivism

Automatic

Automatically 10 years + possibility for the judge to issue a definitive ban

Refusal to surrender licence after suspension or cancellation

Decision of the judge

Maximum 3 years

Behaviour in case of road checks

Refusal to comply

Decision of the judge

Maximum 3 years

Recidivism

Automatic

Maximum 3 years

Aggravated refusal to comply

Automatic

Maximum 5 years

Recidivism

Automatic

Maximum 10 years

You summoned to a hearing of the correctional court.

Ask the court about the date of the hearing.

Who shall I contact
If you are present at the hearing

If the judge makes a decision on the day of the hearing

Judge hands you the print footnote for notify cancellation of your licence.

You must surrender your licence to the enforcement department.

You can appeal within 10 days from judgement.

The penalty shall take effect:

  • at the end of the appeal period,
  • or the day of judgement if accompanied by an immediate enforcement measure.

Judge postpones decision

If the judge postpones his decision, the police will then hand you the print footnote for notify cancellation of your licence.

You must surrender your licence to law enforcement.

You can appeal within 10 days from the notification.

The penalty shall take effect:

  • from the date of the notification, if so indicated by the judge,
  • or at the end of the appeal period.
If you are not present at the hearing

Law enforcement hands you the print footnote for notify cancellation of your driving licence.

You must surrender your licence to law enforcement.

You can appeal within 10 days from the notification.

The penalty shall take effect:

  • from the date of the notification, if so indicated by the judge,
  • or at the end of the appeal period.

You driving prohibition a vehicle for which a licence is required.

If you drive while your licence is cancelled, you risk 2 years imprisonment and €4,500 fine.

Your vehicle can be locked.

You may also additional penalties following:

To be able to reissue your licence after a cancellation, it is mandatory pass one medical check.

This control includes psychotechnical examination.

You can pass the medical without waiting for the end of the driving prohibition period.

Where to do the medical check?

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Alcohol or narcotics offences

You must make an appointment with the medical board on the website of your prefecture.

It can also be the commission of the department where you committed the offence, by the prefect's decision.

Who shall I contact

Other offence

You must contact a city doctor approved by the prefect of your department.

This doctor should not be your attending physician.

The list of accredited doctors can be found on the websites of the prefectures. It is also available in prefectures, sub-prefectures and town halls in some communes.

FYI  

you can take the medical check with a licenced physician in a department other than your home. In this case, it is prudent to include in your file an explanation of the use of a doctor other than that of your department of residence.

Who shall I contact

What documents to provide?

You must download form "Driver's licence - medical advice" and pre-fill it before taking the medical check.

Driver's Licence - Medical

On the day of the check, prepare the following documents:

  • Pre-filled "Driving Licence - Medical Notice" form
  • ID
  • Notification of judicial cancellation of driving licence (printed) footnote)
  • Results of biological examinations if requested in the notification letter
  • Outcome of the psychotechnical examination

How's the medical check?

During the appointment with the board or the certified doctor, you must present yourself with the results of medical examinations requested in notification of the penalty.

For example, psychotechnical examination, biological examination for alcohol-related offences with recidivism or narcotics.

Psychotechnical examination is to be done with a psychologist declared to the prefect. The list of registered psychologists is available on prefectural websites. The examination takes at least 40 minutes. It includes an individual interview, as well as one or more psychotechnical tests.

The departmental medical board or the licenced physician inform you that the check is on your fitness cognitive and sensory driving.

The Board may decide to submit you to additional reviews in addition to those requested in the letter of notification of the penalty.

The commission or the authorised doctor may also request, in accordance with medical confidentiality, advice from qualified health professionals in particular areas.

A licenced physician may also request that you reviewed by the departmental medical commission.

You must then make an appointment at your prefecture's website.

Who shall I contact

What's the price?

  • Before a licenced physician: €36
  • Before the medical committee: €50

The average cost of the psychotechnical examination is €100 about.

Health insurance does not cover the cost of the check or any additional tests.

However, medical check-ups are free of charge for a disabled person with a recognised disability rate of 50% or more.

What if the opinion is favourable?

The medical opinion is given to you.

It has a validity of 2 years.

This document is to attach to your application on the driving test.

What if the opinion is unfavourable?

One decision of incompetence driving is notified.

The letter shall specify remedies and time limits.

The letter notifier the decision of the prefect following the medical examination indicates the means and time limits of appeal.

You can appeal to the administrative judge.

You can also refer the matter to the Medical Appeals Board.

This appeal does not prevent the Prefect's decision from applying.

The committee shall examine you, consult the authorised doctor if necessary and forward its opinion to the Prefect.

If the Prefect makes a negative decision again, you can request a new medical check within 6 months of this decision or make a appeal to administrative judge.

Who shall I contact

You must reissue your licence in whole or in part, depending on the length of your licence and the driving ban.

If you have had your licence for 3 years or more

If you are prohibited from driving for 1 year or more

You need to iron Code and conduct of each category of the licence you had before the judicial cancellation.

FYI  

you must meet the specific obligations of young drivers: compliance with maximum speeds for young drivers, sticker "A" in the back of the vehicle.

If you are prohibited from driving for less than 1 year

You only need to iron code provided that you register for the examination in 9 months following the end of the prohibition to reissue the licence.

If you exceed the 9 month period, you must return Code and conduct that you had before the judicial annulment.

If you have had your licence for less than 3 years

You need to iron Code and conduct of each category of the licence you had before the judicial cancellation.

FYI  

you must meet the specific obligations of young drivers: compliance with maximum speeds for young drivers, sticker "A" in the back of the vehicle.

Please refer to the decision on the judicial cancellation of the licence for the remedies and time limits for appeal.