The case concerned a Swiss national and resident, who was stopped for speeding in France. The driver was exceeding the maximum permissible speed by more than 50 km/h.
Pursuant to Article R. 413-14-1 of the code de route, such an excess incurs a fine and the additional penalty of suspension of the driver’s licence for a maximum of three years.
Holder of a licence issued by the Swiss authorities, he was initially convicted by the local police court, which imposed a €700 fine and a four-month suspension of his driving licence.
Following appeals filed by both the defendant and the public prosecutor, the Rouen Court of Appeal increased the suspension to six months and the fine to €1,500. The defendant then brought the matter before the Supreme Court, the Cour of Cassation.
The appeal was based on the central argument that while the 1968 Vienna Convention on Road Traffic allows France to temporarily withdraw the right to use a foreign licence on its territory, it does not authorise French courts to formally suspend that licence, an authority that, they argued, belongs solely to the issuing State.
The Cour of Cassation disagreed.
In its ruling the Court recalled that Article 42 of the Convention authorises French authorities to take possession of a foreign licence and retain it for the duration of the withdrawal of the right to drive.
The Convention states:
“The Contracting Parties.. may withdraw from a driver, who commits in their territory an offence likely to result in the withdrawal of the driving licence under their legislation, the right to use in their territory a driving licence.. of which s/he holds. In such a case, the competent authority.. may:
(a) Have the permit surrendered and retained until the expiry of the period during which the right to use the licence is withdrawn or until the driver leaves his territory, if the departure occurs before the expiry of that period;”
From this, the Court drew the conclusion that it cannot annul a foreign licence but it may impose a suspension, provided that such a penalty is applicable to the offence committed.
The Court further specified that French authorities must return the licence before the driver leaves French territory, if the departure occurs before the end of the suspension period, in accordance with the administrative doctrine.
The ruling occurs at a time the European Union published a new law on the harmonisation of the validity period of driving licences.
Related Reading:
