Withdrawal of points, invalidated driving licence: how to dispute?

Non-contentious appeals and appeals for excess of power are all means available to challenge a decision to withdraw points or even invalidate a driving licence. The arguments invoked and the time limit for acting are identical regardless of the recourse, whether or not the license is in danger.

A period of 2 months to contest, sometimes theoretical

When points are deducted from the driving licence, each motorist then has a period of 2 months to contest this administrative measure and the decision to invalidate the driving license which may result from it.

This period of 2 months runs from the notification of the contested decision, that is to say from:

• mail reference “48” for a simple withdrawal of points,
• the reference letter “48 SI” which informs of the loss of all the points and therefore of the invalidation of the driving licence.

But this period of 2 months is theoretical in the case of a simple loss of points. Letter 48 is indeed sent by simple letter and the administration is unable to prove its receipt by the permit holder. The latter will thus be able to contest at any time without running up against the expiry of the 2-month period.

In the case of a loss of points accompanied by the invalidation of the driving licence, the 2-month period begins the day after receipt or withdrawal of letter 48 SI sent by registered letter with acknowledgment of receipt (LRAR). If the fold is not withdrawn by its recipient, the period runs from the date of the notice of passage of the Post Office.

Possible remedies

Anyone who intends to challenge a deduction of points or even the invalidation of his driving license can make two different appeals: a graceful appeal and an appeal for excess of power.

the equitable relief is sent by LRAR to the service of the National Driver’s License File (FNPC) placed under the authority of the Minister of the Interior. It aims to get the administration to reconsider its decision. This appeal then leaves a period of 2 months for the administration to respond.

Several hypotheses are then possible:

• if the appeal is accepted, the points are recredited to the capital of the driving license which can become valid again if the result is a balance of zero points,
• if the appeal is rejected, the author of the appeal will have a period of 2 months from the notification of this refusal to lodge an appeal for abuse of power,
• if the administration does not respond within the 2-month period, it will be an implicit decision of rejection opening a new 2-month period to bring an action for abuse of power.

the recourse for excess of power is a legal remedy. It can be carried out with or without the assistance of a lawyer in the image of the graceful recourse. It consists of seizing the administrative court by request to request the cancellation of the withdrawal of points and the invalidation of the driving license when it is incurred.

Major drawback: graceful appeals and appeals for excess of power are not suspensive. In other words, they do not suspend the effects of the decision to withdraw points until the administration has responded (gracious appeal) or until the judge has ruled (appeal for abuse of power). Thus, in the event of invalidation of the driving license, the litigant will not have the right to drive until the decision has been rendered.
To be able to drive during this period of time, it will be necessary to regularize a summary suspension. This procedure, mainly reserved for road professionals (salespeople, truck drivers, delivery people), however requires proof of serious doubt about the legality of the decision and the absence of serious offenses (5th class offenses or fines). The summary suspension is necessary when the conditions are met because the instruction of the appeal for excess of power by the administrative court lasts more than one year on average.

The grounds for contestation: the bonus for bad faith?

• that he incurs a withdrawal of point(s) if the reality of the offense is established by the payment of the fixed fine or the issuance of the enforceable title of the increased fixed fine, the execution of a criminal composition or a final conviction,
• the existence of an automated processing of the capital of points of the driving license and the losses and reconstitutions of points on this capital,
• the possibility of having access to information concerning him,
• the maximum loss of points from his driving license depending on the category of offence(s) committed (infringement, offence).

Anyone who attacks a withdrawal of points will therefore claim not to have been the recipient of the information required by law. The administration will have to prove that this information was actually delivered to the driver before the withdrawal of points.

The elements that must be brought to the attention of the license holder are mentioned on the notices of contravention and increased fixed fine sent after the observation of each offence. However, these automated notices now contain all the information required by law, which was not always the case at the time of the use of manually filled in counterfoils…

Consequence: the payment of the fixed fine or even the increased fixed fine now defeats any dispute since this regulation proves the receipt of the corresponding notice which contains the information justifying the legality of the withdrawal of points.

So what to do? Not paying fines is the best way to retain the ability to challenge point withdrawals later. Indeed, anyone who pays neither the fixed fine nor the increased fixed fine may claim not to have received the notices containing the information required by the texts.
Receiving registered letters containing notices of increased fixed fines is strongly discouraged since this establishes that the information prior to the withdrawal of points has been dispensed with. In this case, refraining from paying the increased fixed fine will be useless because the mere receipt of the registered mail will mortgage all chances of success of any appeal.

The premium for bad faith? Not always, because the absence of payment is sometimes due to forgetting to declare a change of address to the National Agency for Secure Documents (ANTS). In this case, the various notices will never be received by their recipient because they will be sent to the old address appearing on the registration certificate (gray card) of the vehicle.

No call possible

To decide, the administrative tribunal assesses each situation according to the documents produced by the administration and the author of the appeal. If the decision is unfavorable, it will not be possible to appeal because in this matter, only the appeal in Cassation is opened within the period of 2 months from the notification of the judgment. The case will then be examined by the Council of State, the highest French administrative court. But few litigants decide to exercise this exceptional and very expensive remedy because of the need to have recourse to a lawyer at the Councils.