Driving Licences And The Eu

[Khandro]

Can a person holding a British driving licence have it taken away by a court in another EU country for a driving offence committed there?

[Peter Pedant]

looks like it:
http://www.europe-consommateurs.eu/en/consumer-topics/cars/car-travel-in-europe/traffic-offences-in-the-eu/

[Khandro]

Thanks PP, What I'm not clear on is that some offences are treated more seriously in some EU countries than others, for example being found even slightly over the alcohol limit in Germany can lead to an automatic withdrawal of a driving licence, which is not necessarily the case in the UK, so what authority would they have they to ban someone from driving in a country where the normal penalty isn't so severe?

[New Judge]

The information provided by Peter is not quite the answer to your question. As far as I understand it, what you are saying is that if you commit an offence in (say) France which attracts a disqualification by a French court, does that disqualification extend to the UK (or indeed the rest of the EU). The answer to this is "no". Disqualifications by courts only apply to the country in which the ban was imposed (with one exception - see below). So whilst the French court may disqualify you from driving in France it has no power to ban you from driving elsewhere.

From the other side of the coin a ban imposed in the UK is only applicable and enforceable in the UK. However this presents the driver with a little more difficulty than if he was banned abroad. He will undoubtedly have insurance difficulties. No insurer (certainly in the UK and probably almost everywhere else) will provide cover for a disqualified driver. Furthermore his UK licence will be retained by the DVLA until his ban is up. This effectively makes it impossible to legally drive abroad although he may only be prosecuted for having no insurance or licence. He cannot be prosecuted for driving whilst disqualified.

The article that Peter provides shows that cross-border exchange of information is being facilitated. This means that if you commit an offence elsewhere in the EU and the authorities need to trace you information will be exchanged between the DVLA and the authorities abroad. However you cannot be prosecuted in the UK for a driving offence committed abroad and any driving ban imposed by the foreign court only applies in that country.

There is a provision under the European Convention on Driving Disqualifications of 17 June 1998 for mutual recognition of driving disqualifications between EU member states. However, this has not been ratified and individual nations are free to enter their own mutual recognition arrangements if they wish. The only country the UK has agreed these terms with is the Republic of Ireland, whci it did in 2010.

[Khandro]

Thank you NJ. I ask because my UK driving licence is coming up for renewal soon. I am domicile in Germany but still own a residence in the UK which would allow me to renew it there. I could though, take out the new European driving licence in Germany. My thinking is; suppose, heaven forbid, I was picked up having had 'one over the eight' (much less than eight I fear) and had my licence taken away, then I wouldn't be able to drive anywhere at all. However with a UK licence I would still at least be eligible to drive in the UK, and from what you say, elsewhere too. Is that how you see it?

[New Judge]

Yes, with the exception of Ireland as I have pointed out, a foreign (or a UK) court can only disqualify you from driving in the country over which it has jurisdiction. The matter of where your licence was issued or what type it is is not relevant.

You need to be a bit wary about retaining a UK licence if you are pemanently domiciled abroad. I don't know the rules for Germany but in the UK a licence issued in another EU country is only valid for three years from the date of settlement. After that you must apply for a UK licence.

[Khandro]

NJ; Thanks, I'll look into that.