April 21, 2021

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Invalidated permit: how to assert the benefit of an internship?

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USER’S RIGHT – Covid crisis or not, many road users complain of seeing their driving license invalidated for zero point balance despite their participation in a road safety awareness course.

Any driver who has seen his capital melt by 12 points can complete a voluntary internship every year.

This road safety awareness course, which lasts for two days, allows the award of 4 points on the driving license.

Faced with the inertia of the administration, and extremely long processing times, how can you assert your rights and, if necessary, continue driving?

Unfortunately, due to the lack of rapid consideration of the internship, due to the inertia of the administration and extremely long processing times, it is no longer rare to see drivers deprived of their precious sesame when they have regularly completed their two days of training.

How can road users assert their rights and if necessary continue to drive?

First of all, note that the decision to invalidate the driving license only legally produces its effects if it has been regularly brought to the attention of the user. Thus, if the administration sends you this letter of invalidation of the driving license to an address at which you no longer live, this decision is no longer enforceable against you.

Then, it was ruled that the request for the reconstitution of points presented following a training period completed prior to the notification of a decision, pronouncing the loss of validity of the driving license for the balance of zero points, must be satisfied ( Council of State, October 16, 1998, n ° 169913).

In other words, regardless of the date on which the decision to invalidate the driving license was signed, the points recovery period must be taken into account by the State services as soon as it has been fully completed before the administrative decision was brought to the attention of the user.

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