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DRIVING

Can France confiscate your foreign driving licence?

A recent court case in southwest France raised the question of whether a driver holding a licence issued in a foreign country can have it rescinded. Here's what the ruling means for foreigners in France.

Published: 10 May 2024 10:26 CEST
Vehicles on the streets of Paris
Vehicles on the streets of Paris (Photo by STEPHANE DE SAKUTIN / AFP)

A Briton was recently banned from driving in France for 18 months, fined a total of €600 and handed an eight-month suspended prison sentence after seriously injuring a student while speeding on the wrong side of the road while under the influence of alcohol and drugs.

But he avoided more serious punishment because, the court said, French law does not allow for the permanent withdrawal of a foreign-issued driving licence.

The court heard that the British motorist was driving at twice the speed limit, was nearly three times over the legal limit for alcohol in France, and tested positive for cannabis when the incident occurred in Cahors, Lot, in May 2023. He had recently moved to the area, according to Actu Lot.

The case, and the court’s ruling, raises important points about French law regarding driving licences.

While technically licences issued outside of France cannot be permanently confiscated and points cannot be withdrawn from them, there are other serious considerations people should take into account when driving on a foreign-held licence in France, including how long they have been resident here.

People visiting France on holiday

Motoring message boards on social media frequently include discussions in which foreign motorists driving in France on holiday have had their licences temporarily confiscated by police – but they are usually returned a few weeks later. 

Some drivers recommend paying for an International Driving Permit, just in case – even though motorists from many countries do not need them to drive in France, because the law allows police in France to provisionally confiscate licences for certain driving offences.

If you’re coming to France on holiday, then there is usually no problem with driving on the licence of your home country, whether you’re bringing your own car or renting one once you arrive.

Technically, France cannot remove points from a foreign driving licence, but you can still be forced to pay a fine or deal with any criminal ramifications from a driving offence. Additionally, if the fine is not paid, your car could be impounded.

READ MORE: What to do if you get a speeding ticket while driving in France

Residents of France

If you live in France, however, it’s a different story. You may be ordered to exchange your licence if you commit certain traffic offences. As a result, once you are forced to switch onto a French licence, you could lose the points that you would have if your licence was not foreign-issued.

On top of that, after a certain period of residency (usually one year, although there is a slightly different system for UK licences) you are legally required to swap your licence for a French one, if you want to drive here.

READ ALSO Is it illegal to drive on a foreign licence if you live in France?

The process for swapping your licence depends on where you learned to drive in the first place will dictate whether you have to take a French driving test. Here’s a country-by-country breakdown of the rules.

For Britons, a 2021 agreement allows people who live in France and hold a UK or NI licence issued before January 1st, 2021 to continue using them as before. 

They only need to exchange when their photocard licence or actual licence runs out. You can apply to exchange your licence for a French one once you get within six months of the expiry date of either the licence or the photocard, whichever is first.

Anyone driving on a licence issued after January 1st, 2021, will need to exchange it for a French one within one year of moving to France. 

READ ALSO EXPLAINED: How to swap your UK driving licence for a French one

Exchanging your licence is a time-consuming bureaucratic process and for many people it simply feels like too much hassle – especially if you don’t own your own car and just occasionally drive a rented vehicle or one lent to you by a kindly friend or neighbour.

This is especially the case for people who have a driving licence from a country (or certain states of the USA) that doesn’t have a reciprocal agreement with France, as they have to take a French driving test in order to get a licence in France. 

What do you risk if you carry driving on your old licence?

The French government is clear: “The exchange for a French licence is compulsory in order to be able to drive in the long-term in France.”

If you are a non-EU citizen, your visa or residency permit provides clear proof that you live in France, so in most cases it’s unambiguous that you should have swapped your licence if you are stopped by police. 

Driving while not having a valid licence carries a penalty of up to a year in prison sentence and a fine of €15,000. 

READ ALSO 5 things Brits in France need to know about swapping driving licences

Since 2014 a fast-track system has been in place in which people who meet certain criteria (first offence, not involved in any other traffic offences) can immediately plead guilty and take an €800 fine. 

Be aware, too, that drivers using a foreign licence they really shouldn’t because they live permanently in France, may be driving uninsured, even if they’re paying for vehicle insurance – because driving on the wrong licence invalidates it.

If you have an accident while driving, even if it’s not your fault, you will need to contact your insurance and if you’re showing a French address and a non-French licence, questions will be asked. 

Listing an address that’s not your actual place of residence counts as lying to insurers, which can result in the refusal of your claim, and could lead to prosecution. 

Member comments

  1. One issue which causes continuous angst and occasional incorrect responses from French traffic police officers is the entitlement to continue to drive in France using UK-issued driving licenses until the date of their expiry.
    Some useful information can be found on the French Govt’s web page (in English):
    https://www.service-public.fr/particuliers/vosdroits/F1460?lang=en
    This also contains helpful information for members of other non-EU nations.

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DRIVING

EU countries to extend range of offences foreign drivers can be fined for

The EU has agreed to extend the number of driving offences for which motorists from other member states can be fined for and to make it easier for authorities to chase up the fines and make foreign drivers pay.

Published: 13 May 2024 17:28 CEST
EU countries to extend range of offences foreign drivers can be fined for

In the last voting session of this term, in April, the European Parliament passed new rules to ensure drivers who breach local traffic rules in another EU member state are found and fined.

The cross-border enforcement (CBE) directive was first adopted in 2015 after it was found that non-resident drivers were more likely to commit speeding offences. The European Commission estimated that in 2008, foreign drivers accounted for about 5 percent of road traffic in the EU but committed around 15 percent of speeding offences.

The directive partially improved the situation, but according to the Commission 40 percent of traffic violations committed in other EU countries are still unpunished “because the offender is not identified or because the fine is not enforced”.

In March 2023, the Commission therefore proposed updating existing measures.

New rules extend the type of offences that will trigger assistance from another member state and seek to improve collaboration among national authorities to identify and fine offenders.

The European Parliament and Council agreed in March on the final text of the directive, which is now being formally approved by the two institutions.

André Sobczak, Secretary-General at Eurocities, a group representing European cities in Brussels, said: “While the final outcome of the discussions is not ideal, we are pleased that EU policymakers have at least put the issue of the enforcement of local traffic rules on foreign vehicles on the table. As we approach an election year, I believe such a practical example can demonstrate why a European approach is necessary to address local issues.”

Which traffic offences are covered?

The previous directive covered eight driving misconducts that would require member states to cooperate: speeding, not wearing seat belts, failing to stop at a red traffic light, drink-driving, driving under the effect of drugs, not wearing a helmet (motorcycles / scooters), using a forbidden lane and using a mobile phone or other communication devices while driving.

The Commission proposed to add to the list not keeping a safe distance from the vehicle in front, dangerous overtaking, dangerous parking, crossing one or more solid white lines, driving the wrong way down a one way street, not respecting the rules on “emergency corridors” (a clear lane intended for priority vehicles), and using an overloaded vehicle.

The Parliament and Council agreed to these and added more offences: not giving way to emergency service vehicles, not respecting access restrictions or rules at a rail crossings, as well as hit-and-run offences.

Despite calls from European cities, the new directive does not cover offences related to foreign drivers avoiding congestion charges or low emission zones. In such cases, information about vehicle registration can only be shared among countries with bilateral agreements.

Karen Vancluysen, Secretary General at POLIS, a network of cities and regions working on urban transport, called on the next European Commission to take other local traffic offences, such as breaches of low emission zones, “fully at heart”.

Collaboration among national authorities

For the traffic violations covered by the directive, EU countries have to help each other to find the liable driver. The new directive further clarifies how.

Member states will have to use the European vehicle and driving licence information system (Eucaris) to get the data of the offender.

National authorities will have 11 months from the date of the violation to issue the fine to a vehicle from another EU member state. However, they will not have to resort to agencies or private entities to collect the fine. This was requested by the European Parliament to avoid scams or leaks of personal data.

Authorities in the country of the offender will have to reply to requests from another EU member state within two months.

When the amount of the fine is more than €70, and all options to have it paid have been exhausted, the member state where the violation occurred can ask the country of the offender to take over the collection.

The person concerned will be able to request follow-up documents in a different official EU language.

When will the new rules will be enforced?

Now that the EU Parliament has passed the law, the EU Council has to do the same, although there is no date set for when that will happen. Once the directive is adopted, EU countries will have 30 months to prepare for implementation.

Last year the Commission also proposed a new directive on driving licenses, but negotiations on the final text of this file will only take place after the European elections.

This article has been produced in collaboration with Europe Street news.

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