Duration of Driver's License Suspension: Effective Starting Date?
According to Clause 3, Article 81 of Decree 100/2019/ND-CP:
Article 81. Revocation of licenses and practice certificates for a fixed period or temporary suspension of activities in the fields of road and railway traffic.
- The start time for calculating the duration of the revocation of licenses and practice certificates in the fields of road and railway traffic is as follows:
a) In case, at the time of issuing the decision on administrative sanctions, the competent authority has already temporarily seized the individual's or organization's license or practice certificate, the start time for calculating the duration of revocation of the license or practice certificate is the effective time of the administrative sanction decision;
b) In case, at the time of issuing the decision on administrative sanctions, the competent authority has not yet temporarily seized the individual's or organization's license or practice certificate, the competent authority will still issue the administrative sanction decision according to the regulations for the violation. The content of the sanction decision must clearly state the start time for the effectiveness of the additional sanction of revoking the license or practice certificate, which is from the time the violator presents the license or practice certificate to the competent authority for temporary seizure;
=> Therefore, the duration for calculating the time to revoke the driver's license is the effective time of the administrative sanction decision. In case, at the effective time of the administrative sanction decision, the competent authority has not yet temporarily seized the driver's license, the duration is calculated from the time the violator presents the driver's license to the competent authority for temporary seizure.
Respectfully.
