Loss of Points on the Driving Licence – What You Need to Know

Since 1 June 2016, all driving licences in Portugal have been linked to a points system, introduced by Law No. 116/2015 of 28 August, which added Article 148 to the Highway Code. Alongside the fine and any ancillary sanctions, committing certain road traffic offences has the additional consequence of a deduction of points, which can culminate in the loss of the driving licence itself. This article forms part of the Administrative Offences area of Araújo & Associados.

How the points system works

All drivers start with 12 points on their driving licence. Offences committed before 1 June 2016 do not remove points, and are subject only to the sanctions regime that applied before this system came into force. The points are not tied to a separate physical document – they are managed electronically, and the driver can check their points balance through the electronic services provided by the State.

Which offences cause a loss of points

Minor offences (contraordenações leves) do not entail a loss of points on the driving licence. Points are deducted only for serious and very serious offences or road traffic crimes, and the number of points deducted varies according to the specific seriousness of the offence – for example, drink-driving with a blood alcohol level between 0.5 and 0.79 g/l (a serious offence) results in the deduction of 3 points, whereas driving with a level between 0.8 and 1.19 g/l (a very serious offence) results in the deduction of 5 points, and road traffic crimes – such as driving with a blood alcohol level equal to or above 1.20 g/l – result in the deduction of 6 points, which may be combined with an ancillary penalty of a driving ban imposed by a court.

Limit on points lost for offences on the same day

Where several offences are committed on the same occasion, the deduction of points for serious and very serious offences is, as a rule, subject to a maximum limit of 6 points – a rule intended to prevent a single moment of distraction from resulting in the immediate revocation of the licence through an accumulation of simultaneous offences. This limit does not apply, however, where the offences relate to driving under the influence of alcohol or psychotropic substances, or to road traffic crimes, in which cases the points are deducted in full, regardless of this limit.

Consequences of losing points – training and exam

The deduction of points has practical consequences that become progressively more serious as the balance falls, pursuant to Article 148(4) of the Highway Code:

• With 5 or 4 points – the driver is required to attend a road safety training course, at their own cost, regulated by Regulatory Decree No. 1-A/2016 of 30 May;
• With 3, 2 or 1 point – the driver is required to retake the theory test of the driving exam.

Unjustified failure to attend this training or exam, as well as failing them, necessarily results in the revocation of the driving licence (cassação), pursuant to Article 148(8) of the Highway Code.

Revocation of the driving licence

Once all points are lost, revocation of the driving licence is ordered in separate proceedings. Once revocation takes effect, the driver is barred from obtaining a new licence for a period of two years, after which they may apply for a new licence, again taking the theory and practical parts of the driving exam.

How to recover points

The system provides mechanisms for recovering points, with the aim of rewarding responsible driving: at the end of each period of three consecutive years with no record of serious or very serious offences or road traffic crimes, 3 points are awarded to the driver, up to a maximum of 15 points; in addition, in each licence renewal period in which the driver has not committed any road traffic crime and has voluntarily attended a road safety training course, 1 additional point is awarded, up to a maximum of 16 points by this route.

Loss of points and other related matters

The deduction of points is typically associated with a road traffic offence that also gives rise to administrative offence proceedings with a fine and, in certain cases, ancillary sanctions such as a driving ban – matters covered in the article Traffic fines in Portugal – driver’s rights. The decision ordering revocation of the driving licence may, like other decisions in administrative offence matters, be challenged in court, under the general rules described in the article Appeal against an administrative offence decision – time limits and challenge procedure.

About Araújo & Associados

Established in 1980, with offices in Porto and Lisbon, Araújo & Associados provides legal advice in road traffic administrative offence proceedings, including loss of points and revocation of the driving licence, in Portuguese, English, French, German and Spanish.

Frequently asked questions about loss of points