Revocation of a driving licence

A driving licence can be revoked in various ways:

• by the minister (administrative revocation);
• one-year suspension of driving privileges after losing all points on the driving licence;
• by the police (immediate revocation);
• driving ban imposed by a judge.

Withdrawal of driving licence by the minister responsible for transport (administrative withdrawal)

The Minister responsible for transport may, pursuant to Article 2 of the amended Act of 14 February 1955 on the regulation of traffic on all public roads, withdraw a driving licence:

• in cases of alcoholism or drug use;
• in cases of incapacity that jeopardises safety;
• in cases of lack of responsibility;
• in cases of infirmity;
• in cases of refusal to present the required certificates;
• in cases of false statements or fraudulent means.

This decision is made by the Minister on the recommendation of either the Special Commission for Driving Licences or the Medical Commission.

Under the same conditions, the Minister may refuse to issue a licence, restrict its validity, refuse to return, renew or transfer it, and even refuse to grant authorisation. The Minister is authorised to restrict the driving licence to one or more journeys.

The return of a driving licence withdrawn by the Minister may be requested by simply writing to the Minister. The Minister may then instruct the competent commission to examine the request.

Withdrawal of driving licence (points-based driving licence)

The suspension of the driving licence is linked to the points system of the points-based driving licence. The driving licence is suspended if all 12 points are lost.

The suspension is valid for a period of 12 months and is only lifted if the person concerned has attended compulsory training in accordance with Article 2bis(3) of the Road Traffic Regulations. If the holder of a driving licence loses all 12 points for the second time within three years of the expiry of an initial suspension, the duration of the suspension is doubled to 24 months.

Unlike a court-imposed driving ban or an administrative driving licence revocation, it is not possible to adjust the effects of the measure in the case of a driving licence suspension under the points system, e.g. to take account of professional requirements.

This approach is justified by the fact that the measure only affects those who have committed several offences at different times, thus giving everyone the opportunity to adjust their behaviour to the points remaining after one or more offences. Everyone is therefore responsible for managing their own points account.

Immediate withdrawal of driving licence

Officers of the Grand Ducal Police shall immediately withdraw the driving licence of drivers who have committed any of the following offences:

• Driving a motor vehicle on public roads with an alcohol content of at least 0.55 mg of alcohol per litre of breath or 1.2 g of alcohol per litre of blood (i.e. 1.2 per mille) or – if no alcohol content could be determined – driving a vehicle with obvious signs of intoxication;
• Refusal to undergo tests to detect and determine the level of alcohol, drugs or medication;
• Speeding in excess of 50% of the maximum speed limit, where the speed detected is at least 40 km/h above this minimum speed (e.g. speed of at least 90 km/h within a built-up area).

The withdrawal of a driving licence is considered a driving ban. It can only be upheld if, within eight working days of the withdrawal, the offender submits a request to the court to have the driving ban lifted.

In any case, the offender can request the lifting of the provisional driving ban by submitting a simple application to the court.

In the event of a final conviction resulting in a definitive driving ban, the practical arrangements for enforcing this driving ban (start and end of enforcement) are determined by the Public Prosecutor's Office and communicated to the defendant by the Grand Ducal Police.

The judicial driving ban

In the case of serious offences, legal proceedings may be initiated. In such cases, the competent court imposes penalties ranging from a simple fine to imprisonment. Confiscation of the vehicle may be mandatory.

Unlike administrative measures, court convictions are based on a violation of a specific provision of the Road Traffic Regulations. A court-imposed driving ban therefore applies for a specific period of time.

However, in the case of repeat offences, court-imposed driving bans are cumulative (including suspended sentences). If the driving licence is suspended (loss of points), the court-imposed driving ban is interrupted until the end of the suspension and a new period for the court-imposed driving ban is calculated.