Speeding in France or driving under the influence of alcohol in Spain could soon have direct consequences for Portuguese drivers. The European Union has approved a reform that changes the driving licence regime in all Member States, with the aim of reinforcing road safety and eliminating disparities in the application of penalties for serious offences.
According to the European Council, the new rules aim to ensure that drivers penalised in a Union country cannot escape legal consequences simply by crossing internal borders.
The text of the directive, approved in March 2025, originated from a proposal by the European Commission and was validated by both the European Parliament and the Council of the European Union, according to Postal.
One of the main changes involves the mutual recognition of sanctions. According to the European Council, the Member State issuing the licence will be required to enforce a driving ban imposed by another EU country where the offence occurred, provided that certain criteria are met.
The measure is mandatory when the suspension is equal to or greater than three months. The country where the offence was committed must notify the issuing State, which in turn has 20 working days to make a decision and notify the driver.
Limits to automatic recognition
Despite the obligation to notify, not all sanctions will be applied automatically.
According to the same source, if there is evidence that the driver's rights of defence have not been respected, the issuing State may refuse to recognise the penalty. However, these situations will be exceptional and justified on a case-by-case basis.
The intention of the new legislation is to prevent drivers penalised in one Member State from continuing to drive in others without any legal limitation.
Offences justifying suspension
The directive clearly defines the offences that may lead to the suspension of a licence that is recognised throughout the Union. These include driving under the influence of alcohol or drugs, significant speeding and acts causing serious injury or death.
The European Council notes that these situations, considered serious offences, must be subject to effective and uniform sanctions, regardless of where they occur.
Common rules for re-issuing and sanctions
In addition to recognising suspensions, the new directive introduces common rules on the re-issuing of a driving licence after a sanction.
The same source explains that Member States must now follow uniform criteria regarding the deadlines and conditions for the recovery of the right to drive.
In practice, this means that a driver will not be able to avoid a penalty by moving to another country or applying for a new license in another EU country.
End of cross-border impunity
This reform follows an appeal made in 2017 by EU transport ministers, who warned of legal flaws in the handling of offences committed outside the country of residence.
According to data from the European Council, in 2019, around 40% of traffic offences committed by foreign drivers in the European Union did not result in any type of penalty. The proposal now approved aims to fill this legal gap.
When the new rules will come into force?
The agreement reached between the 27 Member States is still subject to legal review and will be formally approved in the coming months. Only then will it be transposed into national legal systems and become directly applicable.
According to the European Council, the entry into force of this reform will represent an important step towards creating a safer, fairer and more transparent European mobility area for all drivers.