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)
Related articles
-
A2 motorcycle license: the 12 practical sheets
February 11, 2019 How to properly learn motorcycle license sheets ? Passing the motorcycle license takes time and energy. The oral questioning phase of…
-
Motorcycle license – Driving license: against the removal of the right of appeal –
Driving license: against the abolition of the right of appeal The Automobile Club des Avocats (ACDA) and the League for the Defense of Drivers (LDC) have…
-
New motorcycle license 2020: what are the changes?
January 9, 2020 The motorcycle license exam has continued to evolve over the past decades. Created in 1922 without being modified until 1970, the license…
-
Motorcycle license – The Senate proposes to reduce the point recovery period –
The Senate proposes to reduce the point recovery period As part of the Loppsi2 bill, the Senate has just voted an amendment significantly reducing the…
-
Motorcycle license – Mandatory training for new B licenses wishing to drive a 125 –
Mandatory training for new B licenses wishing to drive a 125 As of January 1, 2007, new holders of a car license (license B) will have to undergo a…
-
Exclusive: The text of the appeal against 80 km / h before the Council of State The deputy (UDI) of Lozère Pierre Morel-À-L’Huissier, at the origin of…
-
Motorcycle license – The astonishing complications of the Telepoints service –
The astonishing complications of the Telepoints service The new Telepoints site, which will allow 38 million drivers on Monday to check their points…
-
How to get points with a motorcycle license?
November 21, 2018 Did you just get your motorcycle license? You can now ride in complete freedom. For your own protection and that of other road users,…
-
Motorcycle traffic violation: the main violations
February 1, 2018 The motorcyclist, like the motorist, must obey the rules of the road. Any violation of road safety rules will result in penalties:…
-
Motorcycle license – Car and motorcycle schools: UNIC fears a lot of breakage next September –
Auto and motorcycle schools: UNIC fears a lot of breakage next September In addition to its appalling health crisis, the Covid-19 is responsible for a…