¿Es una sanción la retirada de puntos del permiso de conducir?

Authors

  • Tomás Cano Campos

Keywords:

Driving license, loss of points, revocation, loss of validity, sanction

Abstract

This study thoroughly examines the legal nature of the loss of driver’s license points. After nearly five years since its development in our country, the operation of the system is well known. However, it is not clear, if the loss of validity of the license, as a result of the withdrawal of all the points, is, on the one hand, a revocation of the authorization to drive because of the breach of the conditions to which it is submitted or because of the loss of the requirements which determined the granting of the license or, if, on the other hand, the withdrawal of points with the revocation of the license could better be considered a penalty measure. The author, in a careful study, highlights the inconsistency which the first dogmatic explanation presents and, after carefully analyzing the concept of administrative penalty in our law, offers a series of arguments pointing to the punitive nature of the figure as it is currently set out in our legal system.

Issue

Section

STUDIES