Road traffic offences, regulated essentially by the Highway Code, give rise to administrative offence proceedings (processos de contraordenação) with particularities of their own, distinct from the general regime applicable to other areas. Knowing the time limits and the options available in the first days after notification of a traffic fine is decisive for properly defending your rights. This article forms part of the Administrative Offences area of Araújo & Associados.
What to do on receiving a road traffic offence notice
Once the offence report (auto de contraordenação) has been drawn up, the defendant is notified of the facts attributed to them, the legislation infringed, the applicable sanctions and the time limits and forms of response available, pursuant to Article 175 of the Highway Code. From notification, the driver has a period of 15 working days to choose one of several options: pay the fine voluntarily, submit a written defence, identify the driver (where applicable), or request payment in instalments.
Voluntary payment of the fine
Under Article 172 of the Highway Code, the defendant may, within the defence period, make voluntary payment of the fine at the minimum amount provided for the offence in question.
In offences classified as minor, payment of the fine results in the administrative offence proceedings being closed. However, in offences classified as serious and very serious, the defendant will be notified of the decision imposing a sanction, which may be challenged within 15 working days from the date of its receipt.
Security deposit – an alternative to voluntary payment
A different situation is that of the security deposit provided for in Article 173 of the Highway Code, applicable when the offence is observed on the spot by the officer. The deposit does not amount to an admission of the offence – it serves only to secure any future payment of the fine, preserving the defendant’s right of defence, and is returned if the proceedings are closed or the final decision is favourable to the defendant.
Identification of the driver by the vehicle owner
Where the offence is detected without the physical presence of an officer – for example, by speed camera or other automatic detection – and the officer cannot directly identify the person responsible, the holder of the vehicle’s identification document is notified to identify the driver at the time of the offence, pursuant to Article 171 of the Highway Code, having 15 working days to do so. Failure to identify the driver within the time limit means that the proceedings continue against the holder of the vehicle’s identification document themselves, who may subsequently submit an administrative defence and, in the alternative, identify the driver responsible for the offence.
Ancillary sanctions – driving ban
Road traffic offences classified as serious or very serious entail, in addition to the fine, an ancillary sanction of a driving ban, for a period that varies according to the seriousness of the offence. The law also provides for the possibility of halving the minimum and maximum limits of this ancillary sanction, taking into account the specific circumstances of the offence, where the offender has not, in the last five years, committed any serious or very serious offence, or any act punished by a driving prohibition or ban, and provided that the fine has been paid.
Judicial challenge of the decision
In offences classified as serious and very serious, if the defendant does not submit an administrative defence, or if one was submitted but was not upheld, the administrative authority will issue a decision imposing a sanction, which may be challenged in court within 15 working days from the date of its receipt. Once the appeal is lodged, the sanctions will be automatically suspended until a final decision and/or any limitation of the administrative offence proceedings, so that the defendant may continue to drive normally until then.
Traffic fines and other related matters
The commission of road traffic offences often has additional consequences beyond the fine and any ancillary driving ban – in particular the loss of points on the driving licence, dealt with in the article Loss of points on the driving licence – what you need to know.
About Araújo & Associados
Established in 1980, with offices in Porto and Lisbon, Araújo & Associados provides legal advice on the defence of road traffic offences, in Portuguese, English, French, German and Spanish.
Frequently asked questions about traffic fines
How long do I have to react to a traffic fine?
15 working days from the date of notification.
If I pay the fine, can I still contest it afterwards?
Yes, provided it is within the legal time limit.
I was not the one driving the vehicle when the offence was recorded by speed camera - what should I do?
You must identify the actual driver within the period stated in the notification, providing the information required by law. Failure to do so may mean that the proceedings continue against you, as holder of the vehicle’s identification document.
Can I lose my driving licence because of a traffic fine?
Yes, under certain conditions. Offences classified as serious or very serious may entail, in addition to the fine, an ancillary sanction of a ban on driving, for a period that varies according to the seriousness of the offence and other factors, such as repeat offending.
Does challenging a fine suspend the obligation to pay?
Yes.
What is the difference between voluntary payment and a security deposit?
In offences classified as minor, voluntary payment amounts to an admission of the offence and closes the proceedings. In offences classified as serious and very serious, the security deposit, by contrast, does not imply such an admission, preserves the right of defence and is returned if the proceedings are closed or the final decision is favourable to the defendant.
Contact us
For more information on road traffic offences, or to book a legal consultation, you can contact us through our Porto or Lisbon offices, by telephone, email or via the form on the website. We provide legal advice in Portuguese, English, French, German and Spanish.