Motorcycle license – Council of State: return of the white license for the pros? –

Council of State: return of the white license for professionals ?

The Council of State recently relaxed the conditions for withdrawing a driving license, considering that the impact of this withdrawal on the professional life of an offender could take precedence over "the requirements of road safety".

The Council of State recently relaxed the conditions for withdrawing a driving license, considering that the impact of this withdrawal on the professional life of an offender could take precedence over "the requirements of road safety".

In a decision of March 13, the highest administrative court in fact ruled in favor of a taxi driver whose driving license had been invalidated in July 2008 by the Ministry of the Interior, following 11 violations of the Code of road which had caused the removal of the twelve points of his license.

The Council of State considers that the invalidation of his driving license would have consequences on his "professional activity and his financial situation" and that the maintenance of the validity of his driving license "is not irreconcilable with the requirements of road safety".

The taxi driver has therefore regained his right to drive while his balance of points remains zero, the time that his case is judged by an administrative judge. The State will have to pay the taxi driver the sum of 3,000 euros for the costs incurred.

The 40 million motorists association qualified the decision as "the first case law, while for nearly 20 years the Council of State has always been reluctant to pronounce such a decision, sacralizing the issues of road safety to the detriment of professional imperatives and social of a motorist ".

In support of this decision, the association claims to have obtained more than twenty identical decisions "which are now case law and are binding on administrative judges". She affirms that "all the conditions are met today, to proceed with a reform of the points license".

LE JOURNAL MOTO DU NET (with AFP)

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