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The driving license can be cancelled in the event of loss of points
The driving license is affected of a number of points. This one is reduced full if the holder of the license committed an offense for which this reduction is planned.
The reality of an infringement involving withdrawal of points is established by the payment of a contractual fine, the execution of a penal composition or by a final judgment. The contravener is duly informed that the payment of the fine involves recognition of the reality of the infringement and consequently reduction of its number of points.
When the "capital points" is close to zero, the driving license loses its validity with prohibition to obtain new before a 6 months deadline. The total loss of the points automatically involves prohibition to drive any vehicle whose control requires a license. The holder is informed by registered letter with AR. He has a one week deadline with reception of the mail to bring back his driving license to the prefecture.
If you refuse to restore your license, or if you continue to lead, you are likely to be continued and will be liable to 2 years to imprisonment and 4.500 Euros fine. You will have the right to pass a medical visit and your code six months after the restitution to the Prefecture.
The maximum delay of cancellation of the license is 3 years; it is increased to 6 years in the event of repetition.
It is impossible to lose 12 points in only once but several infringements made simultaneously can cost you 8 of them.
The withdrawal of points is final only when the infringement is judged and that this judgment became final. This loss of points is effective when it is recorded on the national file of the driving license.
So during a 5 years time, you twice lose the totality of your points, the time of prohibition to lead and to present itself to the examination is carried 6 months with 1 year.
How to recover its driving license
To recover your driving license after a cancellation, if you had been titular license for more than 3 years and if cancellation were pronounced for one duration lower than one year, you must pass by again the theoretical test of the driving license (code).
You will need, also to be recognized suited following a medical visit and of a psycho technical examination. The request allowed again must be deposited in prefecture less than 9 months after the cancellation of the old license, if not control should be also passed by again.
When the license was invalidated following a total loss of point, the new license obtained is a probationary license, equipped with a capital of 6 points for one 3 years period.
Since March 1st, 2004, the driving license is equipped with a start-up capital of 6 points for one probationary period which is 3 years
(2 years for the people having followed accompanied control).
If you lose the 6 points for the probationary period, the driving license will be cancelled. It will be necessary for you to wait 6 months before passing by again your license again. In this case, you will be obliged to pass by again the tests of code and control.
At the conclusion one three years period, if the driver did not commit an offense involving a loss of points, he will see his capital carried at 12 points.
Procedure of the withdrawal of the point
The loss of points is effective as of the final judgment of the judged business, and after exhaustion of the procedures of appeal if the driver chose to make call of its judgment.
The withdrawal of points constitutes an administrative measure and automatic, it intervenes when the reality of the infringement is established:
- by the payment of a contractual fine or 30 days after the date of the infringement in the event of non-payment;
- 30 days after the dispatch date, by registered letter with AR, of the ordinance in the case of a judgment by penal ordinance (marked judgment without the driver being convened);
- 2 months after a contradictory judgment (case where the driver is present at the court);
- 2 months after the significance of a contradictory judgment to mean (the driver was not present at the audience).
There can be times between the date of the final judgment of the infringement and the date of its charge on the national file then the date of reception of the mail by the driver.
- When the capital not becomes equal or lower than 0, the Ministry for the Interior sends to the holder of the driving license a letter of notification by mail recommended with AR.
The start-up capital is of 6 points for the confirmed drivers beginners or drivers whose license was cancelled or invalidated and of 12 points for the others.
Penal offenses with the Highway code involving a withdrawal of points
Infringements involving a withdrawal of 6 points (non-restrictive list)
- going beyond 50 km/h or more authorized maximum speed;
- the homicide or involuntary injuries involving an total work incapacity of more than three months;
- the manifest driving under influence of intoxication;
- control after consumption of narcotics;
- the control or accompaniment of a conducting pupil with a blood alcohol content equal or higher than 0,25 alcohol Mg per litre of expired air;
- the use of substances or classified plants like narcotics;
- the refusal to subject to the checks blood alcohol content or narcotics;
- the offense high speed;
- the hit and run offense;
- the refusal to comply, to immobilize the vehicle, and to subject themselves to the checks;
- repetition a going beyond of 50 km/h or more maximum speed authorized in the 3 years;
- the voluntary use of false number plates;
- the voluntary defect of false claim and number plates;
- control in period of retention or suspension of the license or refusal of restitution of the license;
- embarrassment or the hindrance to traffic.
Infringements involving a withdrawal of 4 points (non-restrictive list)
- involuntary injuries involving an total work incapacity not exceeding 3 months;
- the non-observance of the priority of passage;
- circulation of prohibited direction;
- the non-observance of the stop imposed by the panel “stop” or fixed red light or indicator;
- the going beyond the authorized maximum speed ranging between 40 km/h and less 50 km/h;
- circulation of night or per time of fog without lighting nor indication in a place deprived of public lighting;
- step back or half-turn on highway;
- the non-observance of the rules of priority.
Infringements involving a withdrawal of 3 points (non-restrictive list)
- control under the empire of an alcoholic state with a rate > with 0,50 g/l and < with 0,80 g/l;
- the crossing of a continuous line;
- the going beyond the authorized maximum speed ranging between 30 km/h and less 40km/h;
- the not-port of the safety belt;
- the defect of port of a helmet approved for the motorcyclists;
- the non-observance of the security distances between vehicles;
- the non-observance of the restrictions of validity of the license (corrective lenses, medical visit…) ;
- circulation without reason on the left part of the roadway;
- material change of direction without the driver being ensured that the operation is without danger to the other users and indicator;
- the dangerous going beyond;
- the dangerous stop or parking;
- parking on the roadway the night, or per time of fog, in a place deprived of public lighting, of a vehicle without lighting nor indication;
- circulation on the hard shoulder;
- for the titular drivers of a driving license since less than 2 years, the going beyond of less than 40 km/h authorized maximum speed.
Infringements involving a withdrawal of 2 points
- the telephone held in hand by the driver of a vehicle;
- the going beyond the authorized maximum speed ranging between 20 km/h and less 30 km/h;
- the acceleration of the pace by the driver of a vehicle about to be exceeded;
- circulation or parking on the ground full-exchange of highway;
- the use of a detector of radar.
Infringements involving a withdrawal of 1 point
- the going beyond of less than 20 km/h authorized maximum speed;
- the maintenance of the main-beam headlamps obstructing the other drivers coming in opposite direction in spite of their calls from headlights;
- overlapping of a line continuous only or doubled of a broken line if this operation is prohibited.
The recovery of the points
There are four possibilities to recover points.
Total reconstitution
If you do not commit any offense giving place to a withdrawal of points during 3 years starting from the date of the last withdrawal of points, your license is then affected maximum number, 12 points.
The Minister of Interior Department notifies to you by simple letter the reconstitution of the capital.
Reconstitution partial after deadline a 10 years
The points related to an infringement, when they are lower than 4, are automatically recovered at the end of 10 years.
Except, so for this period your license was cancelled or invalidated or if you reconstituted your capital within the framework of the 3 years without withdrawal of points. The Minister of Interior Department notifies to you by simple letter the reconstitution of the capital.
Partial reconstitution by a training course
You recover 4 points if you follow a training course of sensitizing of 2 days duration about Road safety. You can follow only one training course every 2 years.
Not to lose points during 1 year makes it possible to recover 1 point when the last loss of points was of 1 point.
Training courses allowed points
Voluntary point-licence training course
You must:
- not to have recovered points following a training course carried out less than 2 years and 1 day before the beginning of the training course;
- to have 1 at least point on its driving license to the date of the training course;
- to have actually lost points at the date of the training course.
Obligatory training course
The drivers which committed during the probationary time an offense having given place to a loss of 3 points or more are in the obligation to follow a training course. They are informed by it by registered letter with acknowledgment of delivery and must carry out this training course within 4 month after reception of the letter.
The training course makes it possible to recover 4 points and to make you refund the amount of the fine.
Training course in alternative to the legal proceeding
The public prosecutor to the possibility of proposing with the driver the classification without continuation of its infringement provided it carries out a training course of sensitizing. The driver incurs any more neither amends, neither suspension of license, nor loss of points. On the other hand, this training course does not give right to recovery of points if the driver would have lost points following other infringements.
Training course pursuant to a penal composition
The prosecutor can ask the contravener to carry out a training course of sensitizing. The training course does not give place to the reconstitution of points.
Complementary sorrow
The judge of application of the sorrows can decide that the contravener follows a training course, as a complementary sorrow. This one must be carried out within 6 month as from the date on which the judgment became final. The driver does not recover any point at the conclusion of the training course.
The training courses are ensured by organizations private and specialized in places approved by the Prefecture of the department. The payment is intended to cover the teaching expenses caused in the centres approved in load of the formation.
The training course proceeds over 16 hours duration divided into 2 days consecutive. The participation in the whole of the training course automatically gives right to recovery of 4 points within the limit of 12 points for the old licenses and of 6 points for the holders of a probationary license. The training course can be carried out even for a period of suspension as long as the balance of points is positive.
The minimum time between two training courses is 2 years. A certificate is delivered to you at the end of the training course, the reconstitution of the points takes effect the following day of the second day.
The contents of the training course relate to the general factors of the road insecurity and include/understand several lessons specialized like alcohol, drug and control, speed, tiredness… It helps to think on the road safety and its own behaviour on the road.
The training courses are paying, approximately 260 Euros.
To know its number of points
It is from now on possible to know one’s number of points while going on the site of the Ministry for the interior (www.interieur.gouv.fr).
To consult the site, it is necessary to be identified with the number of license and the confidential code which are reproduced on the integral statement of each file of the driving license. You will obtain it by mail by uniting the photocopy of your driving license and an identity paper as well as an envelope freed to the tariff recommended with request for notice of receipt or by moving you with an identity paper to the prefecture or sub-prefecture.
The information of the number of points on your driving license is strictly personal. You can consult the relative information with your driving license on the National file of the Driving license while presenting to you personally in a prefecture or a sub-prefecture of your choice.
It is impossible to obtain this information by telephone. That guarantees to the drivers the exercise right of access with the administrative documents with regard to them and preserves their protection of citizen.
No employer or insurance company can have communication of your balance of points.
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