33 - Loss of the right to Drive a Motor Vehicle

1. If the holder of a driver's license is imposed a penalty, the same judgment, fine, or decision on referral to the conflict resolution board may also determine the loss of the right to drive a motor vehicle requiring a driver's license for a specified period or permanently, if safety concerns or other public considerations require it.

   The loss of the right to drive is determined for at least 1 year if the license holder is penalized for violating § 22, cf. § 31. This does not apply to violations as mentioned in § 31, second paragraph, letter a. If a penalty is imposed as mentioned in § 31, second paragraph, letter a, for driving during the probationary period, the loss of the right to drive will still be determined for up to one year.

   If the license holder has previously been penalized for violating § 22, cf. § 31, and is again penalized for a new violation of § 22, cf. § 31, committed within 5 years of the penalty for the previous violation, the right to drive a motor vehicle requiring a driver's license will be permanently revoked. This does not apply to violations as mentioned in § 31, second paragraph, letter a.

   The right to drive a motor vehicle requiring a driver's license will be permanently revoked if the license holder, by using a motor vehicle, causes or participates in a traffic accident and is penalized for failing to assist anyone injured in the accident, cf. § 12.

   The Ministry will issue regulations with detailed rules on determining how long the loss of driving rights will last and when a new driving test will be required.

   The loss of driving rights can be set shorter than the minimum period set forth in or pursuant to this provision if it would otherwise be unreasonably harsh and there are exceptional mitigating circumstances regarding the matter underlying the loss of the right to drive. The same applies when other very special reasons argue for a reduction in the minimum time.

2. The Ministry can issue regulations stating that the right to drive a motor vehicle requiring a driver's license will be lost for a specified period due to traffic safety or general concerns, if the license holder has had specific criminal offenses recorded a certain number of times within a set time period. It may be determined that different offenses are recorded differently, depending on whether the person has a driver's license with or without a probationary period. Conditions may be set for regaining the driving rights.

3. If the police find that the driver or owner of a motor vehicle, or someone with authority over the vehicle on behalf of the owner, is reasonably suspected of a criminal offense that could lead to the loss of the right to drive a motor vehicle requiring a driver's license, a police officer can temporarily revoke the driver's license and confiscate the license. The question of maintaining the temporary revocation of the driver's license and the confiscation must be presented as soon as possible to a prosecutor. The decision must be in writing. If the suspect does not agree with the temporary revocation of the driver's license and confiscation, the matter must be sent to the district court for a decision within 3 weeks.

4. The Chief of Police or the person granted authority can decide to revoke someone's right to drive a motor vehicle requiring a driver's license if, during the past 6 months, the license holder has been penalized abroad for an offense that would have led to the loss of the right to drive a vehicle for a specified minimum period or permanently under the rules of or pursuant to § 33.

5. When the loss of driving rights has been legally finalized, or a decision has been made regarding the temporary revocation of the right to drive and the temporary confiscation of the driver's license, the license holder is required to immediately surrender the driver's license to the police. When the loss of the driver's license is determined in a decision to refer the case to the conflict resolution board, the license holder must surrender the driver's license to the police as soon as the case is transferred to the conflict resolution board.