The initial capital of a driving license is 12 points. Every time a driver commits a traffic violation, a number of them are taken away from him. However, it is possible to recover lost points. Here are some practical tips to make it happen.
Take a point recovery course
A letter (also called letter 48M) will normally be sent to you as soon as 6 points are removed from your license balance. To remedy this situation, you can take a points recovery course withan approved center. This opportunity can help you recover up to 4 points. Following a recent update of the law on this subject, it is now possible to carry out a fully qualified internship every year instead of every two years.
What are the types of road safety awareness courses?
There are various types of internships:
- voluntary internship,
- the compulsory internship (for holders of a probationary licence),
- the internship in penal composition and alternative to legal proceedings,
- probation, as an additional penalty.
To have access to these approved courses offered by organizations certified and controlled by the prefecture, you have to pay about 250 euros. Go to the prefecture to obtain the list of institutions offering license point recovery courses in your department.
Once an organization has been chosen, you will be followed by a qualified trainer (BAFM) and a psychologist certified by the Ministry of Transport. The courses will take place over two consecutive days, in a room that can accommodate around twenty participants.
This training covers several topics. In particular, it covers figures and information on road safetyphysiology and driver perception, accidents (with braking tests)… Courses on road risks and the consequences of drugs, medication and alcohol are also on the program.
When should you do a points recovery course?
Do not wait for the total loss of the points of your license before carrying out points recovery courses. If you have committed traffic offenses or have accumulated minor offences, complete an internship as soon as possible in an approved establishment.
At the end of the session, an internship certificate is given to the participants. After the administrative processing of the files, the points will be credited on the driving licenses. Following this administrative procedure, drivers will be able to consult their new points balance on the Telepoints site or by sending a letter to the prefecture.
Retake the driving license in case of total loss of points
In the event of total loss of the capital of points of the license, the license is invalidated. You will be informed of this decision by registered letter with AR (letter 48SI). The latter summarizes all point withdrawals and informs you of the invalidity of your driving license. Within 10 days of receiving the letter, you must return your papers to the prefecture of your department.
After handing over your permit to the prefect, you have to wait 6 months to obtain new papers. The period increases to 1 year if the total withdrawal of points occurs within 5 years of a previous withdrawal of your licence.
To obtain a new permit, a psychotechnical test and a medical check will be necessary. If you have had the license for less than 3 years, you will be required to retake code and conduct tests. If not, you must at least pass the code again. It is possible to pass the medical check before the end of the driving prohibition period. The results of the check-up are valid for two years, but if the doctor’s decision does not seem right to you, you can challenge it. For this, it will be necessary to seize the medical commission of appeal or to make a contentious appeal before the administrative judge.
Dispute withdrawals of driving license points
The withdrawal of points following a violation of the Highway Code is effective as soon as you pay the required fines or a criminal judgment is established. You should not wait for your responsibility to be established before launching a dispute procedure. The protest complaint is made to the administrative court within two months following the notification of the withdrawal of points.
If you have not been informed of the sanctions taken against you, you can contest a license point withdrawal. This right is granted to you by article 223-3 of the Highway Code. It requires that the administration informs the driver that the offense committed is liable to a withdrawal of points, before the withdrawal is effective. According to the EC of 22.11.95, n° 171045, if the driver is not informed by the administration, the contestation of the withdrawal of points has every chance of succeeding.
Likewise, if you have paid a fine after an arrest by the police, but you have not been informed of a deduction of points, you can contest the procedure.
Automatically recover points after a time limit without violation
Apart from the previous solutions, some time limits allow the automatic recovery of points. Since the LOPPSI 2 law of March 16, 2011, new deadlines have been applied to recover license points without doing an internship.
After a traffic offense like speeding less than 20 km/h, the lost point is recoverable after 6 months without infringing the Highway Code. This period starts from the moment you pay the fixed fine for the contravention.
You may commit offenses for which the fines are 1st, 2nd or 3rd class. It can be for example the change of direction without putting on the indicator. In these cases, you can recover the points taken from your license after 2 years without any infraction.
For 4th and 5th class fines, if a driver spends 3 years without infringing the Highway Code, he can recover all the points lost from his license and his capital returns to 12 points. Here are some of the fines concerned: speeding more than 20 km/h, running a stop sign or a red light, not wearing a seat belt, driving in the wrong direction, consuming alcohol while driving, driving drunk or under the influence of narcotics and using a phone while driving.
If the capital of points of the license did not return to 12 and if the license of the driver was not invalidated, all the points lost after class 1, 2, 3 or 4 offenses will be replenished after 10 years.
How to count the delay for the automatic recovery of points?
The automatic recovery time starts at:
- the date of receipt by the Public Treasury of the fixed fine,
- the execution of a criminal composition,
- the issuance of the enforceable title of an increased fine,
- final conviction after a judgment (for 5th class fines and misdemeanors).
If you commit an offense before the end of the automatic recovery periodthe delay starts running again, and is reset.