The points-based driving licence does not have an exception for professional drivers, and applies to all drivers on the road, including non-Luxembourg residents.

Those who do not hold a Luxembourg driving licence are granted a virtual licence, which also starts with 12 points, upon entering the country. If the driver violates the traffic laws, the virtual licence will be docked the number of points attached to the offence committed.

In practical terms, in the event of a suspension of driving privileges (by losing all 12 points), holders of a Luxembourg licence will not have the right to drive anywhere. The licence will be physically confiscated by the police. This also applies to holders of EEA licences who are normally resident in Luxembourg.

In all other cases, the Luxembourg authorities may not physically confiscate the licence. However, the loss of the points will still result in a ban on driving a motor vehicle or moped in Luxembourg for the duration of the suspension.

The points deduction system

Each driving licence begins with a balance of 12 points. The balance is reduced automatically by a given number of points, based on the type of offence committed.

The points-based system provides each holder of a driving licence a margin for error, because it essentially targets long-term behaviour, and therefore affects people who commit multiple offences over time.

Under no circumstances will a driver's points be reduced to zero all at once.

Where a single act corresponds to several offences, only the largest reduction of points is applied. Where a driver successively commits several offences (for example: excessive speed one day, then the same individual's failure to stop at a red light the following day), the reduction in points is applied for each offence, up to a limit of:

• 6 points, where the offences are all misdemeanours;
• 8 points, where there is at least one felony among the offences.

The reduction in points pursuant to a court decision takes effect when the decision becomes final. A reduction in points due to a warning coupled with a fine takes effect when the fine is paid.

Notice to the offender

The points-based driving licence legislation includes a formal requirement that the law enforcement officer inform the offender of the number of points that will be lost upon payment of the fine for an offence resulting in a reduction in points.

When the fine is paid, offenders must sign a statement certifying that they have received this information. The statement is included in the model fined caution.

The offender is also duly informed by registered letter of any points reduction, so they are always aware of the number of points remaining to them. Any increase in the number of points available will be notified to the person in question by ordinary letter.

Driving licence suspension

If all 12 points have been lost, driving privileges are suspended.

The suspension remains in effect for a period of 12 months. If the holder of a driving licence loses all 12 points for the second time in 3 years following the end of the first suspension, the duration of the suspension is doubled to 24 months.

Unlike court-ordered driving bans or an administrative withdrawal of a licence, the suspension of the right to drive in connection with the points-based licence allows for no deviation from the rules, as might otherwise be the case to take account of the need to drive for work, for example.

This approach is justified by the fact that the measure applies only to those who have committed multiple offences at different times, and therefore allows people the opportunity to modify their behaviour based on the number of remaining points after one or more offences. Thus, each person is responsible for managing their own points.

How to recover a driving licence after a suspension of the right to drive

During the suspension period, the driver must take a 5-day awareness course (a 12-point course) offered at the Driving Safety Training Centre (Centre de formation pour conducteurs) in Colmar-Berg.

The purpose of the course is to reinforce participants' awareness of the dangers of driving and their understanding of the responsibility required of drivers.

At the end of the suspension period, the driver is reissued with all 12 points.

How can drivers recover points?

By behaving responsibly behind the wheel

Holders of driving licences who lose some of their points and who, for a period of 3 consecutive years, do not commit any additional offences (resulting in a loss of points) will have their 12 points restored in full.

This period begins to run either on the date when the last conviction for one of the listed offences becomes final or on the date when the person in question has paid their last cautioned fine for one of these offences.

The duration of the suspension of the right to drive, the duration of a court-ordered driving ban without exception and without a stay, and the duration of an administrative withdrawal of a driving licence are not counted when calculating the aforementioned 3-year period.

By voluntarily taking an awareness course

Drivers who have lost some of their points may, once every 3 years, recoup 3 points by participating in a one-day awareness course offered at the Driving Safety Training Centre in Colmar-Berg.

Course registration is by telephone. The course is approximately 7 hours long.

The purpose of the course is to reinforce participants' awareness of the dangers of driving and their understanding of the responsibility required of drivers.

After the course, the Department of Mobility and Transport at the Ministry of Mobility and Public Works is informed of the driver's participation. The candidate automatically receives 3 points (at most), but the total number of points on the licence may not exceed 12.

Procedures

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