Immediate revocation of a driving licence
Last update
The Grand-Ducal police are required to revoke a driving licence on the spot in a number of situations. This measure is mandatory:
- if measured blood alcohol levels are too high;
- if the person refuses alcohol and drug testing;
- in the event of proven speeding.
In such cases, the police will send a report to the public prosecutor's office, which will decide on how to deal with the offence.
While waiting to be summoned to the competent court for a decision on the merits of the offence of which they are accused, under certain circumstances, drivers may temporarily 'recover' their driving licence by undertaking specific procedures with the Luxembourg judicial authorities.
Who is concerned
The information here applies to anyone whose driving licence has been revoked on the spot by the Grand-Ducal police following one of the following traffic offences:
- driving a motor vehicle on the public roads with alcohol content of at least 0.55 mg of alcohol per litre of air exhaled, or 1.2 g of alcohol per litre of blood (i.e. '1.2 per mille') or – if it was not possible to determine a blood alcohol level – in case of driving whilst obviously under the influence;
- refusal to submit to testing to determine the presence and level of alcohol, drugs or medications;
- speeding that exceeds the speed limit by more than 50 %, or noted speed of at least 40 km/hour higher than the speed limit (for example: speed of at least 90 km/hour in a built-up area).
How to proceed
Revocation of the driving licence and provisional driving ban
The revocation of a driving licence constitutes a driving ban: thus, the person loses all rights that they previously held pursuant to their driving licence. It should be noted that the same applies in cases where the driving licence was physically confiscated by the police at the time of the offence and in cases where physical confiscation on the spot proved impossible – e.g. where the driver did not have the licence in the car. If immediate confiscation of the driving licence is impossible, the police officers will inform the person in question of its revocation.
The revocation of the licence may only be upheld if the investigating judge orders a provisional driving ban within 8 days of the revocation (excluding Saturdays, Sundays and public holidays). The subject is notified of the investigating judge's order either by the police or by post.
Once the investigating judge has issued an order, the accused has the right to request that the court lift the provisional driving ban, either fully or partially.
Petitioning to lift the temporary driving ban
The applicant may, in any event, by simple petition (see Online services and forms), request that the provisional driving ban be lifted.
In the case of driving under the influence of alcohol, refusing to submit to a test, or felony speeding, the petition to lift a temporary driving ban must be brought in the district court, sitting in chambers, unless the accused has received notice of the citation during the intervening period, in which case the petition must be lodged with the court to which the driver has been summoned.
The offence known as 'felony speeding' (délit de grande vitesse) involves:
- exceeding the speed limit by more than 50 %, with a recorded speed of at least 20 km/hour higher than the speed limit;
- repeat offending.
In the event of exceeding the speed limit by more than 50 % but not constituting felony speeding, a petition to lift the provisional driving ban must be brought before the police court.
The petition to lift the driving ban must be presented in written form. The applicant may appear in person to file the petition with the clerk's office of the court in question or send it by post.
A lawyer need not be present. It is in the applicant's interest to provide documentation of their need for a driving licence in support of the petition (for example, a certificate from the applicant's employer with respect to driving necessary for professional purposes).
Approval of the petition to lift the ban
If the petition to lift the provisional driving ban is granted, the person in question must go to the National Society of Automotive Traffic (Société nationale de circulation automobile - SNCA) to obtain a new driving licence. The court may also grant only a partial lifting of the ban, by exempting certain routes (in particular ones needed for work) from the driving ban.
If the partial lifting is granted, the person in question must go to the National Society of Automotive Traffic (SNCA) to obtain a new driving licence specifying the routes covered.
Denial of the petition to lift the ban
If the petition to lift the driving ban is denied (or granted only partially), the provisional prohibition (if applicable, in its reduced form) extends, subject to an appeal or a new petition, until the competent criminal court rules on the merits.
Trial on the merits
Next, the competent court rules on the merits of the charges against the defendant, and renders a judgement that may include one or more driving bans.
Defendants are summoned alone or with their lawyer, if they have chosen one:
- before the criminal court, in the case of driving under the influence of alcohol, refusal to submit to testing, or felony speeding;
- or before the police court, in the case of speeding that does not constitute felony speeding.
In the case of a final ruling ordering a driving ban, the practical terms for that ban (start and end dates) are set by the public prosecutor's office and notified to the defendant by the Police.
The court that orders the driving ban may exempt the following routes:
- routes travelled for proven professional purposes by the convicted person;
- round trips between the primary residence, a secondary residence regularly used, or any other place where the person in question regularly spends time for family reasons, and the person's workplace. The route need not be the most direct one where the detour is for the purposes of regular carpooling, to drop off or pick up the offender's own child or a child living with the driver, with or from a third person who cares for the child while the driver is working.
Convicted drivers will also receive a letter informing them of a loss of points from their licence. Interested parties may view the balance of their points on MyGuichet.lu.
Online services and forms
Downloadable forms
My data
Who to contact
District Court
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District Court
- Address:
- Luxembourg
-
District Court District Court Diekirch
- Address:
-
4, place Guillaume
L-9237
Diekirch
B.P. 164, L-9202 Diekirch
- Phone:
- (+352) 80 32 14 1
- Fax:
- (+352) 80 71 19 or (+352) 80 24 84
-
District Court Family court judges (JAF)
- Address:
-
4, place Guillaume
L-9237
Diekirch
B.P. 164, L-9202 Diekirch
- Phone:
- (+352) 80 32 14 22
- Phone:
- (+352) 80 32 14 49
-
District Court District Court Luxembourg
- Address:
-
Cité Judiciaire - Plateau du Saint-Esprit
L-2010
Luxembourg
B.P. 15
- Phone:
- (+352) 47 59 81 1
- Fax:
- (+352) 47 59 81 24 21
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District Court Family court judges (JAF)
- Address:
-
35, rue de Bonnevoie
L-1260
Luxembourg
Cité judiciaire, Plateau du St-Esprit, L-2080 Luxembourg
- Phone:
- (+352) 247 32 231
- Phone:
- (+352) 247 32 697
- Phone:
- (+352) 247 32 692
- Phone:
- (+352) 247 32 656
- Phone:
- (+352) 247 32 665
- Phone:
- (+352) 247 32 685
- Phone:
- (+352) 247 32 352
- Phone:
- (+352) 247 32 638
- Phone:
- (+352) 247 32 336
- Phone:
- (+352) 247 32 315
- Phone:
- (+352) 247 32 637
- Phone:
- (+352) 247 32 257
Please note: any mail intended for the JAF department (Juges aux affaires familiales) of the Luxembourg District Court that is sent to an address other than the postal address listed above will be returned to the sender.
2 of 5 bodies shown
Driving bans department
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Public Prosecutor's office Driving bans department
- Address:
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11, rue Notre Dame
L-2240
Luxembourg
Luxembourg
Cité Judiciaire - Bâtiment BC, L-2080 Luxembourg
- Phone:
- (+352) 47 59 81 23 44
- Email address:
- pgic@justice.etat.lu
Related procedures and links
Procedures
Links
Further information
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Permis de conduire / Circulation / Infractions au Code de la route
sur le Portail Justice
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Tableau des infractions routières les plus usuelles
sur le Portail Justice
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Retrait du permis de conduire
sur le Portail Transports
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Driving licences
on the website of the National Society of Automotive Traffic (SNCA)
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Sécurité routière
Site web
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Permis à points
sur le site de la Sécurité routière
