The recent Decree-Law no. 46/2022 has modified and simplified the right to drive motor vehicles for holders of driving licenses issued by the Member States of the European Community.
Validity of foreign driving licenses on Portuguese territory
Recently, the government amended the Traffic Code, through Decree-Law No. 46/2022, dated July 12, in order to relax the requirements for a driver’s license to be valid in Portugal.
It should be noted that currently, if the driver in question establishes residence in Portugal and if the driver’s license was issued by a country in the European Union or the European Economic Area (EEA: Norway, Iceland, Liechtenstein), they are required to register their license with the regional or district office of the’ITM in the region where they live. This registration requirement, which is mandated, must be completed within 60 days; failure to do so constitutes a violation.
In addition, if the license issued by another European Union member state is valid indefinitely or has no expiration date, the holder must exchange it for a Portuguese license within two years, counted from the date of establishing residence in Portugal.
If the foreign driver’s license was issued by a country that has a bilateral agreement with Portugal, a driver residing in Portugal must exchange it for a Portuguese license within two years of moving to Portugal.
However, in the case of a license issued by a foreign country that is not a signatory to international conventions on road traffic, the driver must exchange it immediately, and it will not be valid for driving in Portugal.
The amendments contained in Decree-Law No. 46/2022
The recently published decree-law calls for a simplified system, regarding the right to drive motor vehicles in Portugal for citizens whose driver’s licenses were issued by member states of the OECD or the CPLP, with the aim of strengthening and improving mobility among citizens of these states. The countries covered include, among others, Switzerland, Australia, Canada, the United States, France, Japan, Brazil, Angola, and Cape Verde.
Consequently, driver’s licenses issued by these Member States will now be valid for driving motor vehicles in Portugal, provided that:
- the State is a signatory to the International Convention on Road Traffic or to a bilateral agreement with Portugal; ;
- no more than 15 years have elapsed since the license was issued or last renewed; and ;
- the holder is under 60 years of age.
In addition to the requirement to meet these conditions, the holders of the securities in question must also be at least 18 years of age—the minimum age required by Portuguese law for the respective right—and, finally, that said securities are not subject to seizure, suspension, expiration, or revocation pursuant to a legal provision, an administrative decision, or a court ruling applicable to the holder (in Portugal or in the issuing country).
However, if the holder of a security issued by a member state of the OECD or the CPLP (and also of the European Union) intends to exchange the foreign security for a Portuguese security, such an exchange will always be subject to the fulfillment of the conditions set forth in that security.
Finally, the new decree-law stipulates that if a foreign driver’s license was obtained by exchanging it for an identical license, it may be exchanged for a national driver’s license only if the original license was issued by:
- A member state of the European Union or the European Economic Area; ;
- A member state of the OECD or the CPLP, provided that the issuing state is a party to one of the international conventions on road traffic; or ;
- A country with which the Portuguese government has concluded an international convention or treaty requiring the mutual recognition of driver’s licenses.
Entry into force
The streamlining measures contained in these amendments will take effect on August 1, 2022.
