Driving without a driving licence in Portugal: fines and penalties

According to figures released by the PSP, between 1 January and 30 November 2020 the number of people fined for not having a driving licence rose by 59% compared with the same period in 2019, even allowing for the travel restrictions imposed because of the pandemic.

So what can actually happen if you are stopped while driving without your driving licence? Is it only the “traditional” fine, or are there other penalties as well?

In total, there are five situations in which a driver can be penalised for not having a driving licence:

• When you have forgotten your driving licence;
• When you are legally licensed to drive, but not for the category of vehicle you are driving;
• When your driving licence has expired;
• When your driving licence has been seized;
• When you have no legal entitlement to drive at all.

I forgot my driving licence - what now?

Although it is not common, this scenario is covered by Article 85 of the Portuguese Highway Code. If you forget your driving licence, you are liable to a fine ranging from €60 to €300.

There is, however, good news. Following recent amendments to the Portuguese Highway Code, it is no longer compulsory to carry a physical driving licence, as you can present it through the id.gov.pt app.

Licensed, but not for that vehicle

If you are driving a vehicle whose category is not recorded on your driving licence, Article 123 of the Portuguese Highway Code provides for a fine of €500 to €2,500.

There is more. Under paragraph 4 of that same article, if you hold only an AM or A1 licence and are driving a vehicle from a different category, the fine increases to between €700 and €3,500.

My driving licence is valid, but it has expired - what happens?

In these situations, the penalty depends on whether the offence takes place within the five-year period during which you are still allowed to renew the licence without having to take it again.

If you are “caught” driving with an expired driving entitlement but still within that period, Article 85 of the Portuguese Highway Code is the most likely provision to be applied, meaning a fine of between €60 and €300.

If the five-year deadline has been exceeded, the breach is treated as qualified disobedience, and the penalty may amount to a prison sentence of up to two years.

Seized licence or no legal entitlement to drive

In both of these cases, the penalties are the same, with the authorities classifying driving in these circumstances as qualified disobedience.

As a result, the relevant sanctions are no longer set out in the Portuguese Highway Code and instead fall under the… Portuguese Penal Code.

Accordingly, under paragraph 2 of Article 348 of the Portuguese Penal Code, anyone committing either of these offences faces a prison sentence of up to two years or a fine of up to 240 days.