CourtMan allowed to keep driver's license despite loss of all points

RTL Today
The administrative court has ruled in favour of a driver who lost his license because he no longer had any points on his card. The driver is now permitted to drive again.
© RTL (image d'archive)

The administrative court believed the man's actions against François Bausch's decisions in December 2017 were justified and annulled he decisions.

Little over a year ago, the Minister of Sustainable Development noted that the man had been docked two points following a police decision in July 2017. After this docking, the man had no points out of twelve left on his license due to several reasons.

Firstly, the man did not have a valid roadworthiness test for his vehicle in February 2013, then he was caught speeding in December 2015. In August 2016, police officers caught the driver on the phone whilst driving. The driver did request an informal appeal against the decision in December 2017, but four days later, Bausch confirmed his decision.

The man then went to the lower administrative court and by January 2019, has received a ruling. The judges ruled that the driver had not been informed that his failed roadworthiness test would lead to a loss of points and that it had not been communicated clearly that he had been docked two points. Accordingly, the docking had only occurred with the ministerial decision in December 2017, which then in turn led to the man losing all twelve points and consequently, having his driving privileges suspended.

The judges annulled the ministry's decision and rejected the man's request for damages.

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