Portugal driving licence theory and practical test: a valid absence no longer means paying again

When you’re working towards your driving licence, the biggest worry is failing and having to sit the theory test or practical test again - or, worse still, both - and paying the relevant fees.

Paying those charges after a fail is bad enough, but it’s even more frustrating to have to pay simply because you had to miss your test due to illness.

Driving licence tests: what happened if you were ill?

Until now, under the rules in force, if a learner driver became ill five days or more before the theory test or practical test, they had up to five working days to reschedule.

If they did not do so - or if they fell ill fewer than five days before the test date - they then had to pay for a new test, because it was not possible to change the test date with fewer than five working days’ notice.

What if the learner had Covid-19?

Given the pandemic context we have been living through, one obvious question came up: what if the candidate tested positive for Covid-19? Would the same rules apply?

According to a report in Expresso, yes. The Automóvel Clube de Portugal (ACP), quoted by Expresso, said that “absences cannot be justified and, legally, no exception is provided for”.

In practice, that meant that unless a specific legal exception was created, a candidate who tested positive for Covid-19 fewer than five days before the theory or practical test would still have to pay for a new test. If the positive result happened five or more days beforehand, the candidate could reschedule as set out in the law.

Update: missing the test for a valid reason no longer means paying again

At the most recent Council of Ministers meeting, the Government decided to change the legislation, settling the issue described above. As a result, a candidate who misses an exam for a justified reason will no longer have to pay to rebook it.

The change was confirmed by the Secretary of State for Infrastructure, Jorge Delgado, in comments to TSF: “It becomes possible to reschedule the test, provided a valid justification is presented (illness, serious accident, attending court,…)”.

Fees already paid

Even so, there is a downside for people currently taking their driving licence. According to the Secretary of State for Infrastructure, anyone who has already paid to reschedule is unlikely to be able to get the money back.

As Jorge Delgado put it, “Nothing is предусмотрено in that regard. We cannot create a general exception for all previous situations. The rule applies from now on”, adding that “people can always try and make a complaint”.

When the change takes effect

On when the new rule will start applying, Jorge Delgado said: “The IMT (Institute for Mobility and Transport) will publish a notice. Since the decree-law has already been approved by the Council of Ministers and nothing suggests that the President of the Republic has anything to object to, no further penalties of this kind will be applied”.

Source: Expresso and TSF.

Update on 02 December at 12:15 - change to the legislation in force.