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My Polish licence has been taken and suspended by France (where I currently reside) for 4 months. This time has passed.

I no longer plan to live in France, and would like to drive in my home State as well as other Member States (and abroad). According to the administrative and judiciary documents I got from France, I am "banned from driving on French territory for a period of 4 months". I was told that to drive again (anywhere), I must change my licence to a French one.

Since I no longer plan to live in France, am I indeed obliged to change it into a French one? Additionally (and/or if not), am I allowed to drive in other EU Member States by requesting a duplicate of my licence in my home Member State (the Member State that issued my driving licence in the first place)?

chx
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jaster32123
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    I am essentially asking if France has the right to suspend and then destroy a document given to me by my home country. –  Feb 15 '21 at 16:50
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    What does "requesting a duplicate" mean in practice? Reporting the old one lost or stolen? Or are you legally allowed to hold two separate simultaneously valid driver licenses from a single state? – TooTea Feb 15 '21 at 15:35
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    What have the French authorities done with your driver's license? I would actually suppose that they have sent it to the Polish authorities and notified them about your suspension. – jarnbjo Feb 15 '21 at 15:51
  • @Tor-EinarJarnbjo I would think so too, but seeing just how confused everyone in the process in France seems to be dealing with foreign licences, I'm not sure they did so. How could I verify this? The French prefecture does not answer to emails, and when I call all I get is a "don't know". –  Feb 15 '21 at 16:06
  • @TooTea I was thinking of reporting it as lost or stolen. Considering the wording of the ban, it specifies "on French territory", so I'm confused as to why they are holding a document issued by another Member State where, if I understood correctly, it is still a valid licence. –  Feb 15 '21 at 16:13
  • Independent of what the document says, without a driver's licence your are not allowed to drive anywhere. So the question is moot. – Mark Johnson Feb 15 '21 at 16:36
  • @MarkJohnson right - hence why I was thinking my drivers licence (considering its banned only in France) could be returned either to me at the port of exist, or to my government who would then give it back to me. In short, I was told by the administration "no - must do French licence". –  Feb 15 '21 at 16:51
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    @chx my 4 months have passed. Now I am dealing with the bureaucracy :) I have paid my debt, and am remorseful (and a tad bit smarter). There is no debate about what I have done - my question is, what now? – jaster32123 Feb 15 '21 at 17:56
  • Do consider that the French would have advised the Polish licensing department about this. So any false statements will likely be picked up and you may suffer loss of license again. – Criggie Feb 16 '21 at 02:48
  • @jwenting I don't see any possible way to interpret this question as asking how to break the law. OP is quite clear that (1) the 4 month ban period has expired, (2) he wants to know if he is "obliged", "allowed" etc. – JBentley Feb 16 '21 at 08:30
  • @MarkJohnson I don't follow your logic. OP is asking "am I allowed to drive in other EU Member States by requesting a duplicate of my licence in my home Member State?", so why is the question moot on the basis that you cannot drive without a driving licence? – JBentley Feb 16 '21 at 08:51
  • @JBentley A duplicate licence, is in most cases, only another term for the replacement of a lost, damaged or destroyed licence. That is not the case here, it has been suspended (it exists). A Member State shall refuse to issue a licence where it establishes that the applicant already holds a driving licence; (Artical 7 (5)(b)). Even if that was not the case, the OP is no longer a resident in his 'home member state' that issued the original licence. Artical 7 (1)(e): who have their normal residence in the territory of the Member State issuing the licence. So no licence will be issued. – Mark Johnson Feb 16 '21 at 10:53
  • @MarkJohnson no licence should be issued - right? If I understood you though, the onus is on the home Member State to reject the application, and if they should, for whatever reason accept it, then I am not at fault (especially after having informed them the reason of my suspension), right? – jaster32123 Feb 16 '21 at 10:55
  • Yes, the onus is on Poland to refuse to issue a duplicate but why even get into the intricacies of the law? Why don't you just get a French license? You can always exchange it for a Spanish one if you move to Spain. – Relaxed Feb 16 '21 at 11:02
  • @jaster32123 Artical 7(1) (see link in magma answer) starts with Driving licences shall be issued only* to those applicants:. 5(a) No person may hold more than one driving licence;* So this not should not, but must not by my reading. – Mark Johnson Feb 16 '21 at 11:10
  • @Relaxed the issue is that, if I go the French route, I will be forced to return to France every 6 months for up to 5 years to pass medical examinations (blood tests to see if I am indeed, still not an alcoholic). During this time, I will be issued a probatory/temporary licence, which according to the docs given by the EU site, are not recognised anywhere else in the EU (in essence no driving licence except inFR). In addition, travel to France and accommodation is expensive, out of my way, and I am not likely to get time off for this - hence why I would rather do this at my place of residence. – jaster32123 Feb 16 '21 at 11:14
  • This might sound stupid but hear me out. If you can freely exchange your license for one from the state you currently reside in, why don't you exchange your Polish license for a French one now then when you return to Poland (or wherever you plan on moving to) exchange the French license for that one? It's inconvenient, sure, but it keeps the bureaucrats happy? – Luke Feb 16 '21 at 11:26
  • @Luke because I physically don't have a licence. It was taken by the French government, and it's still there (hasn't been sent back to Poland, won't be returned to me). For all I know, they destroyed it by now. – jaster32123 Feb 16 '21 at 11:27
  • The term 'on French territory' actually does only apply to France for visitors. Once the visitor crosses the border, they may drive again. This source states that this is noted on the DL, which then may be sent to the consulate and handed out. Fahrverbot in Frankreich - Verkehrsregeln im Ausland 2021 – Mark Johnson Feb 16 '21 at 11:57
  • @MarkJohnson I don't dispute any of that, but it doesn't make the question moot. The question is: "am I allowed to drive in other EU Member States by requesting a duplicate of my licence in my home Member State?", to which a valid answer (by your reasoning) is "no, you are not allowed". This wouldn't be because he is "without a driving licence" per your original comment, but rather because he isn't allowed to have a duplicate licence. Also a minor irrelevant niggle, but OP's licence is not currently suspended. – JBentley Feb 16 '21 at 11:57
  • @JBentley I'm in a bit of a limbo, where, according to the legal docs my licence is no longer suspended, but the French government is refusing to return it (to me or my State), instead insisting I apply for a French licence (no need to take driving tests, just apply and go the the medical commission once in a while). It will issue a temporary licence, which isn't recognised anywhere else in the EU. – jaster32123 Feb 16 '21 at 12:01
  • @jaster32123 That source says may not be recognised, not which isn't recognised anywhere else in the EU. – Mark Johnson Feb 16 '21 at 12:10
  • @JBentley When I made the comment, it was not yet stated by the OP that the 4 months had allready expired. – Mark Johnson Feb 16 '21 at 12:16
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    @jaster32123 That's not the question you asked. I have the feeling you're disclosing details one by one and trying to frame the situation as more complicated than it is to escape the consequences. The law doesn't leave you in limbo or create any special obligation to stay or come back to France. For now, you are a resident of France, you should simply follow the procedure. If and when you move to another country, you can take it from there as described in my answer. – Relaxed Feb 16 '21 at 12:27
  • Meanwhile, getting a French provisory license or the whereabouts of your original license change absolutely nothing to your position. Get that out of your mind and stop to try to finagle a way to recover it. – Relaxed Feb 16 '21 at 12:28
  • Also, unless there are still other facts you didn't disclose or you are afraid that you will fail to manage your alcohol consumption, there is no reason you should have to undergo a test every six months for five years. You should only get one after 6 months to a year, at the end of the probation period. – Relaxed Feb 16 '21 at 12:31
  • @Relaxed indeed - you're right - I face no issues with alcohol or otherwise so it should not preclude getting a licence. That does not change the fact, that I will be given a temporary one, which is not recognised anywhere else. So, I am given a temporary one, move in 2-3 weeks abroad forever, and am not allowed to drive there since the temporary one is not recognised. I'm not sure what's too confusing - the licence given is temporary, so I am not allowed to use it anywhere outside of France. I can not ask another gov when I have a temporary licence for exchange either. – jaster32123 Feb 16 '21 at 12:46
  • @Relaxed this isn't a case of finagling (a new word for me!) - it's a case of understanding that I have paid my dues, and I want my licence back so I can drive in the EU. Now, I am being punished simply by unclear procedures, which seem to have no basis either in French law, or indeed in Polish law. I would appreciate not being accused by you of hiding details - I'm being as honest as I can, and I have suffered enough through all of this. I just want to finish this story, and leave France forever - I don't understand why thats so complicated to understand. – jaster32123 Feb 16 '21 at 12:48
  • I strongly specify, again, that none of the legal documents given to me, nor the French Criminal/Highway Code, state that I must exchange my licence. The only thing informing me of this is a colourful leaflet I got, and the EU website - otherwise, the legal proceedings say "after passing your medical you will get your licence back". It turns out that now, I will not get it back. So I am trying to understand, under what legal basis in French law, that is happening. Point me to a law in the French Code and I'll be happy to rest this issue, but so far, it seems as abuse of power. – jaster32123 Feb 16 '21 at 12:52
  • @jaster32123 There are no unclear procedures, the provisory license is part and parcel of the punishment for drunk driving. This has a clear basis in French law. I appreciate it's inconvenient but again I think you're taking a convoluted interpretation of your situation but it is really quite simple. It would be the same if your license was suspended outright for a year instead of six months or even permanently revoked. It's not over until it's over, moving abroad doesn't change that. – Relaxed Feb 16 '21 at 13:17
  • @Relaxed sure - I get that. Interestingly I am also barred from entering Canada for up to 10 years, and my insurance has banned me for 5 years. I am punished waaay more than I thought I would be. My whole point across all of this was - I don't mind the punishment - it's, well, inconvenient but I understand it. I don't mind them giving me medical tests and temporary licences, but I was hoping it does not have to be France, but can be the country that I will reside in. I really, really, don't want to return to France just for a driving licence :P – jaster32123 Feb 16 '21 at 13:21
  • @Relaxed the provisory licence is indeed based in French law: https://www.legifrance.gouv.fr/loda/id/JORFTEXT000026310765/. What is not based in French law (or I couldn't find it), was the obligation to change a foreign licence into a local one. It's an EU directive, which seems has not been implemented in French law. – jaster32123 Feb 16 '21 at 13:26
  • @jaster32123 That's a technical measure to enforce the rules and fully expected under EU law. It's been implemented in French law in article R222-2 of the code de la route: https://www.legifrance.gouv.fr/codes/id/LEGISCTA000006159563/ Not that it would make a difference to your obligations, it's not what's blocking you from driving away, the original decision is. – Relaxed Feb 16 '21 at 13:28
  • @Relaxed glorious - indeed this covers this question. Might I suggest you add it to the accepted answer? – jaster32123 Feb 16 '21 at 13:30
  • @jaster32123 OK, I will. – Relaxed Feb 16 '21 at 13:31
  • @jaster32123 Regarding the validity of the temporary license abroad, it might depend on the exact form it takes. The directive only says it “may” not be recognised. It would therefore seem to depend on the destination country (but check with your insurance too). – Relaxed Feb 16 '21 at 13:35

2 Answers2

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The logic of the system is simple: In the EU, only the state where you reside is competent for driving license issues. As a rule, other member states — including the one where you originally obtained your license — should refuse to issue a (duplicate) license. It's sometimes possible to fall through the cracks depending on the kind of evidence required to establish that you are a resident but, as long as you reside in France, you should not be able to ask any other EU member state.

Planning to leave soon adds a twist to your story but doesn't fundamentally change things. You first need to actually move and obtain all the necessary paperwork to prove you are a resident there before being allowed to apply for a license. Since you wouldn't have a currently valid license to hand in, it might be possible to apply for a new one based on a document issued by the member states where you originally obtained your license (that's how it works when a license is stolen). You wouldn't necessarily need to wait for 4 months and I don't think you would be doing anything illegal provided you are really a resident in the country where you apply (whether it's Poland or any other in the EU). On the other hand, merely planning to move is not enough and you wouldn't be allowed to drive out of France without a license.

As long as you live in France, you have to follow the French rules and therefore to apply for a French driving license, undergo a medical exam, etc. It's mandatory after committing a driving offense to make it easier to track penalty points (article R222-2 of the French Code de la route). That's true even for less serious violations that do not result in any suspension. In your case, the exact rules depend on the details of the offense but it's likely that the penalty points would last 10 years (meaning that another violation during these 10 years could result in a permanent ban on driving in France).

Relaxed
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    @MarkJohnson I've looked into that directive (and I love the EU for being so clear!) - I couldn't find the equivalent though in French law: https://www.legifrance.gouv.fr/search/all?tab_selection=all&searchField=ALL&query=permis+l%27étranger&page=1&init=true

    It's two years that Member States have to implement this right?

    What's sitting not right with me, is this (by extension of this directive) obligation to stay in the country. I would happily do this whole procedure, just not in France, but seems I am locked in.

     –  Feb 15 '21 at 17:36
  • “You first need to actually move and obtain all the necessary paperwork to prove you are a resident” - wouldn’t that take a few days at most as a citizen? In Czech Republic that’s how long it takes. – JonathanReez Feb 15 '21 at 17:35
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    @jaster32123 See: Driving licence exchange and recognition in the EU - Your Europe Obligatory exchange of your driving licence in another EU country 'You have to exchange your driving licence if:... You commit a traffic offence in the country where you live' – Mark Johnson Feb 15 '21 at 17:21
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    @jwenting, Mark, I have contacted my government who have confirmed that I hold a valid licence (at least in Poland, on paper) - adding even more fuel to my confusion. –  Feb 15 '21 at 17:16
  • @MarkJohnson suspended for (very remorsefully on my part) drink driving - but I'm not sure how that changes much. Consider how drink-driving limits and rules differ in EU countries themselves - it's not a uniform law - where in one country I was over the limit, in another, not necessarily.

    The original document was issued in 2015 - my understanding is the new ones come with some sort of chip?

    Either way, I have served my time - and now I am pursuing the most efficient (and of course legal) way to get a licence without being forced to stay/return to France.

     –  Feb 15 '21 at 17:07
  • @jaster32123 Not knowing the reason why it was suspended in the first place nobody can really say. Is it maybe an older type document? – Mark Johnson Feb 15 '21 at 16:58
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    @jwenting another thing that gets me is - besides the fact that the licence was taken from me, no legal document from the administrative or judicial side talks about suspension of my licence. They only say "banned from driving on French territory for a period of 4 months", so regardless of whether I have a driving licence or not. What I don't get, is why they can't give me back my original document after the time is served, but they insist I switch to a French licence. –  Feb 15 '21 at 16:55
  • @MarkJohnson great - I'll ask my government then. What's this with "must switch to a French licence" all about then? –  Feb 15 '21 at 16:52
  • @jaster32123 Assume that if you don't retrieve the licence in France, that it will be sent to Poland. So don’t apply in Poland for a new licence without telling them that your previous one was suspended in France. – Mark Johnson Feb 15 '21 at 16:50
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    jwentig - "A license is suspended EU wide, so if the French authorities confiscate your Polish license, it's suspended in both release it back to you."

    @jwenting sure I understand; I was told my licence would NOT be returned to me, and I must do a French one (which is really another crux of my issue). This is where I am lost, because if this is the case, I must present myself at the Medical Commission in France every 6 months, effectively making any long distance permanent moves unfeasible.

    In essence, I don't mind doing 4 months of suspension; what I don't want, is a French licence.

     –  Feb 15 '21 at 16:49
  • Huh - what really confuses me is the wording "on French territory", suggesting that this isn't in force anywhere outside of it.

    If I was to go the route of applying for a new one, would the original issuing Member State issue a document that it is stolen, considering your previous paragraph suggesting that they wouldn't do it since it was suspended?

     –  Feb 15 '21 at 16:11
  • @jaster32123 The fine in Poland is stricter than in France, so you might want to deal with this while your still a resident of France. After returning to Poland, you can always convert it back to a Polish one. – Mark Johnson Feb 15 '21 at 17:40
  • @MarkJohnson that's a good point - though this re-conversion seems a bit counter-intuitive to the whole directive. Then why convert in the first place :P

    Take a look at, for example: Article L223-10 from FR Highway Code that discusses how foreign licences acquire points. In short, the same way as a French licence would. In practice, this doesn't work, considering some countries have an additive system of up to 39 points (Bulgaria), while FR has a subtractive system from 12, and in practice, points have never been applied to my PL licence. So with that, what's actually going on?

     – jaster32123 Feb 15 '21 at 17:49
  • @jaster32123 A driver's licence is a residence based document. Normally when someone moves from one country to another (in the US/Canada state or province) the driver's licence must be exchanged within a certain period. Since the EU licence is uniform (issue on similar conditions), this is mostly not required (only when lost, renewed or reissued in the country you are living in). – Mark Johnson Feb 15 '21 at 18:03
  • @jaster32123 "On French territory” is there because the ban also applies to people who reside abroad and could therefore keep or get another license. It doesn't really impact where you can request a duplicate license one or another. I mention stolen documents to make this clear: even for a stolen license, Poland is not supposed to give you a duplicate if you reside in France. Instead, they are supposed to give you a paper that you show the French authorities to get a clean license. – Relaxed Feb 15 '21 at 18:35
  • @jaster32123 The switch to a French license is because you would also have penalty points, it only applies to French residents. As I explained as soon as you reside elsewhere, that wouldn't be relevant. Merely intending to do so while still living in France is not enough. – Relaxed Feb 15 '21 at 18:38
  • @Relaxed that does make sense! How does it look if I hold off getting a licence altogether until I move? – jaster32123 Feb 15 '21 at 18:39
  • @JonathanReez Yes, it should only take a few days, if you actually move and have a place to stay/rental agreement/utiliies. The emphasis is not really on the paperwork here, it's on moving first (the OP only plans to move as far as I can tell, that's not good enough). Realistically, if you have relatives, you could also be able to fake this of course but that's another matter. – Relaxed Feb 15 '21 at 18:41
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    @jaster32123 Once you have left France permanently and taken up residence in Poland, the Polish officials will probably get confirmation that France still has your old licence and that no other was issued. Then they will properly issue a new one. As a polish resident you can then visit France using this licence. – Mark Johnson Feb 15 '21 at 18:43
  • @MarkJohnson great - that sounds good. I was planning to move to a third country, Spain, not back to Poland - but I could take up residence in Poland for 6 months if need be.

    I hate to be that guy - but I wouldn't want to end up on some wanted list, so would you have a source that I could reference :)?

     – jaster32123 Feb 15 '21 at 18:48
  • @jaster32123 I think I understand your confusion, I added a paragraph to explain what this exchange is about. It's not directly related to the 4-month ban and also applies for violations like speeding. – Relaxed Feb 15 '21 at 18:56
  • @jaster32123 See: Voluntary exchange of your driving licence in another EU country of my previous link. – Mark Johnson Feb 15 '21 at 18:58
  • @jaster32123 Note that there is in fact a data exchange system on driving licences and traffic violations in the EU (RESPER/EUCARIS). – Relaxed Feb 15 '21 at 19:08
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    @Relaxed Ahh this must be new! Either way - thats fine, I'm not trying to hide what I did, I just want to get out of France and not be forced to come back just for a driving licence :P – jaster32123 Feb 15 '21 at 19:09
  • @jaster32123 It is relatively new, didn't exist the last time I needed to replace a stolen license. I assume it's being gradually rolled out, I would be surprised if updates and access was uniform across the EU. – Relaxed Feb 15 '21 at 19:11
  • @Relaxed technically, you don't even need a place to stay as a citizen. In Czech Republic you'd simply be registered to "live" in your local municipality if you tell the government office you don't have a fixed address. There's probably a similar procedure for Poland. But yes - you do need to actually live in Poland even if you're moving around between Airbnb's/hotels for the first few weeks. – JonathanReez Feb 15 '21 at 19:17
  • @JonathanReez And that's why I alluded to “the kind of evidence“ required. There are countries where you do need some evidence to be able to register as a resident, even as a citizen (Germany, Netherlands…) As a counter-example, France (or, back when it was in the EU, the UK) doesn't even have a registration system, you're supposed to provide a proof of address (typically some utility bills) when applying for the license. – Relaxed Feb 15 '21 at 19:25
  • @Relaxed Huh - so if a country doesn't need proof of residence when you are a citizen (Poland doesn't need an address to issue identity cards, for example), could I theoretically order a new driving licence from Poland to France (or wherever I will be)? – jaster32123 Feb 15 '21 at 20:00
  • @jaster32123 Yes, it would be possible. It wouldn't be legal though. That's what I called “falling through the cracks”. There is also a whole lot of case law on what others countries are allowed to do. IIRC, the gist of it is that it's really up to Poland to enforce this rule, if they don't, other EU countries have to take your Polish license at face value, they are not allowed to enforce the residence rule themselves, even if they can prove you weren't a resident in Poland at the time. – Relaxed Feb 15 '21 at 20:08
  • Of course, the fact there is case law proves that some people really managed it (often between Germany and the Czech Republic or Germany and Austria, because Germany is very restrictive with driving license). – Relaxed Feb 15 '21 at 20:10
  • @MarkJohnson I wasn't able to really figure this part out. When it says: "Obligatory exchange of your driving licence in another EU country" is that also on the condition that I even want a driving licence? What if I just want to be a pedestrian for the rest of my time in France? – jaster32123 Feb 15 '21 at 22:04
  • @jaster32123 To state this bluntly, you have been found by the competent authority that you no longer 'possess qualifications which provide a sufficient guarantee of public safety.' Therefore the 'authorization given by a competent authority or by an association authorized by that authority after having shown himself on examination to be competent.' has been suspended and a new one must be issued if you want to drive again. Convention with Respect to the International Circulation of Motor Vehicles, Paris, 1909-10-11 Article 2 – Mark Johnson Feb 16 '21 at 03:24
  • @jaster32123 Most jurisdictions consider the competent authority to be that where you live. Since you no longer live in Poland, Poland is no longer the competent authority inside the jurisdiction where such rules apply. – Mark Johnson Feb 16 '21 at 03:34
  • This seems to be the correct answer - yes, I am obliged. I received a document by email today signed by the prefect informing me of this (was a case of "oops we forgot"). No article if French law was mentioned or referenced interestingly, but whatever. I still don't know what this means regarding them issuing a temporary licence valid for one year (and how thats recognised across the EU), but it doesn't change my original question - which this answer, answers. – jaster32123 Feb 16 '21 at 13:06
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Since I no longer plan to live in France, am I indeed obliged to change it into a French one?

Your plans don't matter - the member state where you currently have normal residence does:

DIRECTIVE 2006/126/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 20 December 2006 on driving licences (Recast)
  [...]
Article 7
Issue, validity and renewal
1.   Driving licences shall be issued only to those applicants:
  [...]
(e) who have their normal residence in the territory of the Member State
    issuing the licence, or can produce evidence that they have been studying
    there for at least six months.
  [...]
3.   The renewal of driving licences when their administrative validity
     expires shall be subject to:
  [...]
(b) normal residence in the territory of the Member State issuing the licence,
    or evidence that applicants have been studying there for at least six months.

Source: DIRECTIVE 2006/126/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

If you want a driving license right now, you can exchange your Polish driving license with a French one, in accordance with French regulations. Or, you can move your residence to another member state, and exchange your driving license there, with a local one.

I am essentially asking if France has the right to suspend and then destroy a document given to me by my home country.

Yes. You have acquired normal residence in France; as a consequence , France can suspend or cancel your driving license. Quoting from the same EU directive:

(15) For reasons connected with road safety, Member States should be
     able to apply their national provisions on the withdrawal, 
     suspension, renewal and cancellation of driving licences to all
     licence holders having acquired normal residence in their
     territory.

Also, note that a member state where you do not have normal residence can still take measures in order to reduce the validity of your driving licence in its territory further to a violation of the road rules. See case C-260/13, Refusal of a Member State to recognise, in the case of a person having driven under the influence of narcotic substances, the validity of a driving licence issued by another Member State

The thing is, the French state does not want to give me my driving licence back

They are under no obligation to do so; in fact, it's obligatory for you to exchange your driving license when you commit a traffic offense in the country where you live:

Obligatory exchange of your driving licence in another EU country

You have to exchange your driving licence if:


    

  • Your licence is lost, stolen or damaged
    • 

  • After 2 years of usual residence, if you have a driving licence 
with an indefinite validity period (only if this is required by 
the national authorities in the country where you live)
    • 

  • You commit a traffic offence in the country where you live
    •

Source: Driving licence exchange and recognition in the EU

magma
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  • When a Driver's licence has been converted/exchanged, Field 12 should contain the original driver's licence information: '70.licence_number.country_code'. – Mark Johnson Feb 16 '21 at 06:32
  • The thing is, the French state does not want to give me my driving licence back. In essence, they are asking I apply for a new one - (I can't exchange it per se since it has been taken from me). Additionally, this directive is (again, love the EU for this) super clear on this, but in practice French law does not seem to have any equivalent. – jaster32123 Feb 16 '21 at 10:50
  • @jaster32123 I don't think that is the case. They will properly issue (exchange) a French one based on the Polish one. It should also contain a reference in Field 12. If your fear is that you must go through the driver's test again, then I think that fear is unfounded. The licence has not been revoked. – Mark Johnson Feb 16 '21 at 11:21
  • @MarkJohnson I've asked the prefect, which have informed me I will be issued with a temporary licence. As you have pointed out in this doc: https://europa.eu/youreurope/citizens/vehicles/driving-licence/driving-licence-exchange-recognition/index_en.htm, it says "Provisional or temporary licences and international driving permits are not regulated at EU level and may not be recognised in other EU countries." Additionally, this still leaves the problem of the obligation to travel to France every so often. – jaster32123 Feb 16 '21 at 11:25
  • @jaster32123 France also issues plastic cards, it may take some time to produce. This may be the reason for the temporary licence, which would enable you to start driving immediately until the permanent one can be delivered. You should ask if this is the case. – Mark Johnson Feb 16 '21 at 12:07
  • @MarkJohnson a permanent one would be issued after 1 year, provided I pass a medical exam in one year. This means, that for 1 year I am on a temporary licence only recognised in France (though as you pointed out the wording on the EU site is may). This, in theory, obliges me to stay in a country that I do not want to stay in to get a driving licence. – jaster32123 Feb 16 '21 at 12:57
  • @jaster32123 you don't want to live in France, you don't want to stay in France, you don't want to get a French license. Why are you still in France? (I don't mean to mock, I'm asking seriously). Why don't you move to your chosen country and get a license there? – magma Feb 16 '21 at 13:52
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    @magma don't worry - totally valid question! I was afraid that if I left France while I had an obligation to change my driving licence, I would be considered as a wanted person for not completing my obligations regarding my offence. Hence, why I am still here - I want to understand perfectly and do what is required so I have no obligation to France anymore. It seems that changing my licence is obligatory, regardless of whether I want a licence or not. – jaster32123 Feb 16 '21 at 13:59
  • @jaster32123 that adds an entirely new and interesting layer to the whole matter - I, having worked in France, would find amusing, but not too surprising, if France considered you a fugitive for not getting a license you don't want in the first place. Maybe seek legal counsel. – magma Feb 16 '21 at 14:15
  • @magma the bureaucracy is strong in France, and (at least from my personal experience), the eternal vacation state that French-people seem to be in makes it hard to communicate, get info, and indeed work. I have learned way more here than from contact with lawyers, the judge, and the prefect, who have for the most part simply ignored me. It seems someone on Reddit was considered a wanted person for this exact situation (albeit a drug offence rather than a drinking one): https://www.reddit.com/r/france/comments/c8rki5/estil_possible_de_renoncer_officiellement_à_son/ – jaster32123 Feb 16 '21 at 14:22
  • @jaster32123 I've read the reddit thread, it's hilarious - but only if you're not involved in it. Definitely seek legal counsel or contact your Polish embassy in France. – magma Feb 16 '21 at 14:33
  • @magma thanks - I have already involved legal counsel, the ones that take me on charge 300 EUR an hour to explain to me the history of French law (unrelated to my offence), while others outright reject it because "That's an EU law issue". In the other 90% of cases, lawyers haven't even replied to my emails. It's been, to be honest, very disappointing and stressful. My Polish embassy said they have no knowledge of my licence being suspended. So it's basically a "good luck, kid" situation :P. – jaster32123 Feb 16 '21 at 14:36
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    @magma however, one thing I do love, is the access to all the rules and laws online. That's super cool, and super clear - hence why I fall back on that. Thankfully Relaxed pointed out an article there which makes it clear what I must do. – jaster32123 Feb 16 '21 at 14:37