Your UK driving licence – legal here
but not in the UK?
Thousands of British Ex-pats are driving in France wth UK licences which cannot be valid according to DVLA, but the FCO
says that they are! But who is right?I have to admit that I am a man who is not
afraid to express an opinion or state a point of view, even if that view is not
a popular one! I do allow (gracefully, I think) others to disagree & hold a
different one, but I do get irritated when people talk rubbish when they really
should know better. A prime example of this is the BRITISH GOVERNMENT!
Having spent my early years driving around
the UK, motoring in France is generally a very relaxing pastime . Certainly the
transition from a UK to a French motorist was very easy, with no necessity to
change my paper licence when I arrived in 2000. A quick check on the internet a
few years ago confirmed my original understanding of European law – from 1997 a
UK licence was valid throughout the EC and as a French resident my UK licence
would remain so. In view of recent questions posted on some forums I decided to
check the official, as opposed to the “Brits in France” websites to get a
definitive answer. I wish I hadn’t bothered! The answer was either yes or no,
depending on who you contacted! I stepped on to the carousel…
First stop, the DVLA. A few years ago this
was their comment:-
Moving to another country
"You don't need to notify DVLA of a change of address when moving to live abroad.”
That’s ok then.
But this has now changed slightly to:-
Moving abroad
"If you move abroad, check with the
driving licence authorities there to find out how to get a local driving
licence.”
Very non committal, thus dumping the
question of licences in the lap of the French Government whose
http://vosdroits.service-public.fr website says
“Driver's
licences issued by other countries of the European Economic Area (EEA) are recognized in France.
The
person who lives in France, holds a European driving licence, may drive. It must meet certain conditions.”
(These
conditions are basically that the licence must be in date and must be valid for
the category of vehicle driven. It does not mention the address)
So
your licence IS valid in France!
This
ties in nicely with the current information given by the British Consulate in Paris who, in answer to the question Is my UK driving licence valid in France?
say:-
“A British licence is valid in France. According to the European Community
Directive (91/439/EEC), since 1 January 1997, British nationals taking up
residence in France for more than a year do not have to exchange their British
licence for a French one anymore.”
The
UK government, or at least parts of it, further confirm this. I found on the
net from the House of Commons library, standard note number SN3060, dated 7/6/2012,
written by Louise Butcher. It claims to explain the law on driving licences and
I quote a part from it:-
2.2 Second
Directive, 91/439/EEC
The Second
Directive, as amended, is currently in force across the EU until January 2013,
when the Third Directive takes effect.
The two main aims of
the Second Directive (91/439/EEC), adopted in July 1991, were to facilitate the
free movement of the citizens of the EU and to contribute to the improvement of
road safety. To those ends, the Directive:
abolished the
obligation to exchange driving licences within a year in the event of a change
of State of normal residence;
adopted the
Community model driving licence (established by the First Directive) for ease
of use across Member States; and
harmonised
the categories of driving licence, the conditions for the issue of a driving
licence, the minimum ages for the various categories, driving tests, and
minimum standards of physical and mental fitness.
So
there you have it. You may use your UK licence in France Even the new directive 2006/126/EC which is
now in effect does not change this.
But wait! What happens if you use it when you visit the UK?
The address shown on it is not your home, and you cannot put a French address
on it or even a new UK one as the conditions to do so are as follows:-
“You’ll need to:
- have your
driving licence (both parts if it’s a photocard licence)
- be a
resident of Great Britain
- provide
addresses of where you’ve lived for the last 3 years
- have a
valid UK passport or other form of identity
- have your
National Insurance number if known
- not be
disqualified from driving
If you need to change your name at
the same time, you’ll have to apply by post.
If you’re moving abroad, you can’t
register your new address on your British driving licence. Contact the driving
licence authority in your new country of residence.”
This leaves you open to a £1000 fine in the
UK although in your new country of residence you are apparently perfectly
legal!
I decided to speak to DVLA to get to the
bottom of all this and the gentleman I spoke to confirmed the legitimacy of my
licence here in France but on the question of the address while in the UK he
was less convincing. He would think that you would only have to present
proof of French residency to a policeman to negate the possibility of a fine.
“What document would I need to show?” I asked. He did not know.
I would like
something more concrete so I phoned the headquarters of Kent police. My
question was a simple one or so I thought! The spokesperson was not aware that
my UK licence was valid throughout the EC, as indeed many gendarmes here are
not. After putting me on hold he spoke to a Sgt Brown, number 10508, who
advised that one must inform DVLA of your French address (which she assumed
that they would put on the licence – I was not able to talk to her direct).
What about the DVLA’s original statement saying the complete opposite? When did
that change? DVLA cannot add a foreign address! Basically, no current
address equals a £1000 fine. Perhaps, it was suggested, I should contact the
DVLA and get their stand in writing?
Round and round…
This phone call involved quite a wait
followed by the startling information that to be valid your licence must have
your current UK address on it, which as a French resident you do not have,
therefore your licence is invalid. Therefore those of us still using our UK
issued licences must be driving illegally as there can be no such thing as a
valid UK licence in the hands of a French resident by dint of the fact that it
is impossible to have your real residential address on it! So the British
consulate and the European Community are wrong??? I have sent a copy of this
article to the DVLA in the hope that someone can clear this up! I am currently waiting for a reply from each.
And before any cleverdick says “Just get a
French licence” be aware that you can lose certain categories such as caravan
and large trailer towing, or require a medical for others, although some have
gained categories! It would also be like buying a brand new Ferrari and finding
that it cuts out if you exceed 20 mph and the dealer just tells you not to
drive it above 20 mph. Sure, it won’t cut out any more…
Round and round we go.
Mark Rimmer. “
