1. “Penalty points driving licence”. what is it?
2. Do I have to replace the driving licence?
3. Will the offences perpetrated before the 1st of june, 2016 subtract points?
4. After perpetrating the offence, when will the points be subtracted?
5. How many points are subtracted in major offences (article 145º of the road traffic code)?
6. How many points are subtracted in very serious offences (article 146º of the road traffic code)?
7. How many points are subtracted is a rod traffic crime is perpetrated?
8. Which is the maxim of points subtracted if several offences are perpetrated simultaneously?
9. Under the demerit point licence system do I have to handover the driving licence to fulfil driving disqualification?
10. Can I win points? how?
11. For the purpose of adding points, will the 3 years be computed as from the date of the last offence or as from the definite date of the administrative decision on it?
12. In case the driver does not commit any offence, will the 3 points de given to him on the 1st of july 2019?
13. I am a novice driver, what can it happen to my driving licence if I commit an offence?
14. What happens to my driving licence if I lose all the points?
15. I have 5 or 4 points. and now what?
16. I have 3, 2 or 1 points. and now what?
17. How do I know how many points I have?
18. Does SCTT have customer service?
19. Until when is the voluntary payment of the fine accepted?
20. What are the consequences of the voluntary payment of the fine?
21. What is the procedure for paymentof the fine?
22. What is the deposit?
23. What is the period to pay the deposit?
24. What happens if you don't pay the deposit?
25. Is it possible to send the payment of the fine to a social welfare institution?
26. Am I permitted to continue driving after the documents have been provisionally seized?
27. Where it is possible to revalidate the replacement document for seized documents?
28. Who has the legitimacy to intervene in the process?
29. Is it mandatory to obtain an attorney in infraction proceedings?
30. How do I present a defense?
31. Time for response to the defense. At what moment in the procedure is the response to the defense made?
32. How to identify the driver who committed the infraction?
33. Can the defendant be heard in the infraction proceeding?
34. How do I ask questions concerning the infraction proceeding?
35. How do I apply for a certificate or copy of the proceeding?
36. Does a procedural consultation /request for photographic record suspend the time period?
37. How is the extent of the penalties to be applied determined?
38. Is it possible to extend the period for payment of the fine?
39. Is it possible to postpone the deadline for submission of the driver's license/document of the vehicle?
40. What is the time period for submission of the driver's license/documentation of the vehicle?
41. Is the deadline for submission of the driver's license/documentation of the vehicle counted in business or calendar days?
42. How is the ancillary sanction carried out for compliance purposes?
43. Can the ancillary sanction be waived?
44. Can the ancillary sanction be suspended?
45. What does suspension of the execution of the ancillary sanction mean?
46. When is a driver is considered a repeat offender?
47. At what point can the suspension/mitigation of the sanction be requested?
48. Can a request or claim be filed after the decision suspending the time limit for appeal?
49. How can I challenge the administrative decision?
50. Does the submission of appeal suspend the effects of the administrative decision?
51. I was notified of the administrative decision, but did not get the administrative offense notification.
52. Can the suspension of the execution of the ancillary sanction be revoked?
53 How do I request payment of the fine in installments?
54. When are the costs due?
55. Can the SCTTapply court fees?
56. To what extent can the amount of the fine be refunded?
57. How do individuals residing outside of Portugal make payment of the fine and/or costs?
58. How do I comply with the ancillary sanction, if I reside outside of Portugal?
59. What happens if you have penalties due to compliance?
60. Can payment of the fine and/or costs be made after the proceeding has been referred to court for enforcement?
61. What happens if the offender holds a probationary driver's license?
62. How do I know if I have unpaid fines / penalties to be regularized?
63. What are the time limits?
1. “Penalty points driving licence”. what is it?
From the 1st of June, 2016 on a total of 12 (twelve) points will be given to each driver in its driving licence. For each major or very serious offence or road traffic crime, points will be subtracted to your licence. If you do not commit major or very serious offences or road traffic crimes, points can be added to your licence. If you commit a major or very serious offence, besides the fine and to be, eventually, temporally disqualified from driving, you will also lose points.
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2. Do I have to replace the driving licence?
No. The new system of demerit point system licence does not imply any replacement of documents. The points will be subtracted or added by computer.
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3. Will the offences perpetrated before the 1st of june, 2016 subtract points?
No. Any major or very serious offence or road traffic crime perpetrated before this system coming into force will be punished under the previous system and it will not have, as consequence, the subtraction of demerit points.
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4. After perpetrating the offence, when will the points be subtracted?
The points will only be subtracted on the definite date of the administrative decision or the date when the sentence has been passed in a court of law.
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5. How many points are subtracted in major offences (article 145º of the road traffic code)?
Generally, when a major offence is perpetrated, 2 (two) points are subtracted from your licence.
3 (three) points are subtracted from your licence upon the following major offences:
- Drink-driving, with an alcohol reading equal or higher than 0, 5g/l and lower than 0, 8g/l or equal or higher than 0, 2 g/l and lower than 0, 5 g/l when concerning a novice driver, rescue or emergency vehicles driver, driver of public transports for children and youngsters until 16 years old, taxi driver, bus or heavy goods vehicle or transport of dangerous goods driver;
- Excessive speed higher than 20 km/h (motorbikes or cars) or higher than 10 km/h (other motor vehicles) in coexistence areas;
- Overtaking in duly signed zebra crossings or immediately before, and in pedal cycle routes.
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6. How many points are subtracted in very serious offences (article 146º of the road traffic code)?
Generally, when a very serious offence is perpetrated, 4 (four) points are subtracted from your licence.
5 (five) points are subtracted from your licence upon the following very serious offences:
- Drink-driving, with an alcohol reading equal or higher than 0, 8g/l and lower than 1, 2g/l or equal or higher than 0, 5 g/l and lower than 1, 2 g/l when concerning a novice driver, rescue or emergency vehicles driver, driver of public transports for children and youngsters, until 16 years old, taxi driver, bus or heavy goods vehicle or transport of dangerous goods driver, as well as when the driver is considered to be under the influence of alcohol by medical report;
- Driving under the influence of drugs;
- Excessive speed higher than 40 km/h (motorbikes or cars) or higher than 20 km/h (other motor vehicles) in coexistence areas.
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7. How many points are subtracted is a rod traffic crime is perpetrated?
It will be subtracted 6 (six) points.
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8. Which is the maxim of points subtracted if several offences are perpetrated simultaneously?
When several major or very serious offences are perpetrated on the same day, 6 (six) points will be subtracted at the maximum. However, if among the major or very serious offence convictions there are those of drive-drinking or drug-driving, it will be subtracted the corresponding points (3, 5 or 6 – depending if it is a major, very serious or road traffic crime offence).
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9. Under the demerit point licence system do I have to handover the driving licence to fulfil driving disqualification?
Yes. The conditions which determine the extent of the legal consequence will remain unchanged. After perpetrating a major or very serious offence, the process runs its legal procedures and, in case of a decision of legal consequence of a temporarily driving disqualification, the driver must handover his driving licence to fulfil the penalty.
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10. Can I win points? how?
Yes. At the end of each 3 (three) year period without having any major or very serious offences or road traffic crimes, it will be given 3 (three) points to the driver, up to a maximum of 15 (fifteen) points.At each period the driver renews his driving licence and if he has not committed any road traffic crimes and voluntarily assisted to road traffic safety training, he will be given one point; however the points cannot exceed the limit of 16 (sixteen) points. This limit is applied, only, in situations in which he was given points according to the previous paragraph; otherwise, the maximum of 15 (fifteen) points will remain the same.
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11. For the purpose of adding points, will the 3 years be computed as from the date of the last offence or as from the definite date of the administrative decision on it?
The 3 (three) years are computed as from the definite date of the administrative decision or from the decision of legal consequence of the last offence. (major, very serious or road traffic crime offences).
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12. In case the driver does not commit any offence, will the 3 points de given to him on the 1st of july 2019?
Yes, up to a maximum limit of 15 (fifteen) points.
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13. I am a novice driver, what can it happen to my driving licence if I commit an offence?
The legal procedures in force remain the same. There is to say, in case of committing two major offences or one very serious offence, the driving licence is revoked.
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14. What happens to my driving licence if I lose all the points?
In case all the points are subtracted, the driving licence is revoked by order in an autonomous process; that is to say that, you lose your driving licence. Once the driving licence is revoked, you will be unable to get a new licence during a period of 2 (two) years. After this period you could regain your driving licence again, bearing all duly costs.
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15. I have 5 or 4 points. and now what?
Now, you must attend a Road Safety training initiative. A non-justified absence entails the revocation of the driving licence, that is to say, you lose your driving licence and you will have to wait 2 (two) years to regain it again, bearing all duly costs.
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16. I have 3, 2 or 1 points. and now what?
Now, you must do the theory qualifying test of the driving exam. A non-justified absence or failure to pass the test entails the revocation of the driving licence, that is to say, you lose your driving licence and you will have to wait 2 (two) years to regain it again, bearing all duly costs.
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17. How do I know how many points I have?
To check on any points you have, you will have to register in the Road Offences Site (https://portalcontraordenacoes.ansr.pt/)
Note: This information does not exclude the reading of Traffic Road Code.
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18. Does SCTT have customer service?
The Serviço Coordenador dosTransportes Terrestres is open between 9h00 am and 15h45 pm at R. João Melo Abreu n.º 3, 9500-530 - Ponta Delgada, Telephone: 296 206 900, Fax: 296 284 505, Email: [email protected]
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19. Until when is the voluntary payment of the fine accepted?
The voluntary payment of the fine is accepted for the minimum:
- without costs, within 15 working days after the notification of the infraction;
or,
- at any time in the proceeding - but always before the decision, without prejudice to the costs that may be payable.
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20. What are the consequences of the voluntary payment of the fine?
In the lesser infractions, only penalized with fines-the proceeding is immediately archived, except if a defense is presented.
In serious or very serious infractions, sanctioned with fines and the ancillary sanction of being disqualified from driving, despite there being a voluntary payment of the fine, the proceeding continues and is only restricted to the assessment of existing elements with a view to the application of the additional penalty of driving disqualification or if a defense has been presented.
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21. What is the procedure for paymentof the fine?
For residents in Portugal
- At any Post Office in Portugal (CTT);
- Through the Network of Automatic Teller Machines (ATM's) or via Homebanking, for which you should use your banking card or online banking access by performing the following operations:
1 Select the operation: Payment for Services
2. Enter the information:
Entity: 20 920
Reference: XXX XXX XXX (infraction number)
Amount: XXX XXX XXX (In Euros, corresponding to the minimum value of the fine)
3. Terminate the operation confirming the entry of the information with the GREEN key. The receipt for the operation is valid as proof of payment.
For non-residents in Portugal
IBAN: PT 50 0018 0008 0693 2569 02057
BIC CODE: TOTAPTPL
Bank: Santander Totta
Country: Portugal
Entity: Fundo Regional dos TRansportes Terrestres, IPRA.
Details: infraction no.
The proof of payment of the fine by bank transfer must be sent by via email to [email protected] with the indication of the infraction number or the payment reference.
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22. What is the deposit?
The deposit is intended to guarantee the payment of the fine to which the offender may be sentenced, being returned if there is no conviction.
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23. What is the period to pay the deposit?
The deposit is only legally accepted within 48 hrs. following the notification of the infraction.
In the act of supervision;
When notification is made in the act of verification of the infraction, the offender shall, immediately or within a maximum period of 48 hours, provide the deposit of an amount equal at a minimum the fine provided for the alleged infraction.
When notification is made by mail;
When you are notified of the infraction by mail and do not wish to make the voluntary payment of the fine immediately, you must, within 48 hours after the respective notification, pay a guarantee of a value equal to the minimum fine provided for the infraction that occurred.
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24. What happens if you don't pay the deposit?
If the deposit is not made the following documents are provisionally seized:
a) The driver's license, if the penalty concerns the driver;
b) The vehicle title and the registration, if the penalty relates to the holder of the vehicle identification document;
c) All the documents referred to in the sections above, if the penalty relates to the driver and the latter is, simultaneously, the holder of the vehicle identification document.
In the event that the deposit is made and a defense is not presented within the time limit stipulated for this purpose, the deposit automatically becomes a payment.
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25. Is it possible to send the payment of the fine to a social welfare institution?
No. The system of road infractions does not permit this.
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26. Am I permitted to continue driving after the documents have been provisionally seized?
After the seizure of the documents as a guarantee of payment of the fine, the replacement document for the seized documents is issued, with validity for the time considered necessary and renewable until the conclusion of the process, and these must be returned if in the meantime the payment or deposit of the guarantee is made.
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27. Where it is possible to revalidate the replacement document for seized documents?
The replacement document for seized documents may be revalidated with the SCTT or with the Infraction Section of the District Command of the PSP or Citizen Service Office of District Command/Traffic Detachment of the GNR, of the area of residence, for which the contact information you can consult in the following links www.psp.pt , www.gnr.pt .
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28. Who has the legitimacy to intervene in the process?
Requests for information about the status of the infractions may only be provided and evaluated if their author is the defendant of the infraction proceeding or a lawyer/legal representative duly authorized for this purpose.
If the request for information or application is requested and signed by a different person, this will not be taken into consideration due to a lack of legitimacy to intervene in the process.
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29. Is it mandatory to obtain an attorney in infraction proceedings?
No.
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30. How do I present a defense?
Should you wish to respond to the notice of infraction, you may present a defense, within 15 working days from notification.
The defense should be addressed to the Serviço Coordenador dos Transportes Terrestres and presented in writing, in Portuguese, and contain the following elements:
- Infraction number (composed of nine digits and which can be found in the upper-right corner of the notification);
- Identification of the defendant by name;
- Statement of the facts, reasoning and request;
- Signature of the defendant or, where applicable, of the authorized representative who must attach the power of attorney for this purpose or a legal representative.
- The defendant, in the defense must indicate clearly the facts upon which it bases the proof, under penalty of denial of the evidence presented and, if he so wishes, he may call witnesses up to a limit of 3. The witnesses indicated by the defendant in the defense should be present on the date, time and place indicated by the entity instructing the proceeding.
Location for submission of the defense:
- By registered mail to the Direção Regional dos Transportes Terrestres - Serviço Coordenador dos Transportes Terrestres, located at the R. João Melo Abreu, n.º 3, 9500-530 - Ponta Delgada;
or
- Personally at the same adress as above.
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31. Time for response to the defense. At what moment in the procedure is the response to the defense made?
The period of time to evaluate the defense depends on the elements that have to be analyzed during the evidentiary phase of the proceeding. The assessment/response to the defense is given in the administrative decision handed down.
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32. How to identify the driver who committed the infraction?
To identify the driver of the infraction, the defendant, or the representative must attach the power of attorney for this purpose, fill the form SCTT - Mod. 03/CO in use by the SCTT.
Location for submission of the request:
- By registered mail to the Direção Regional dos Transportes Terrestres - Serviço Coordenador dos Transportes Terrestres, located at the R. João Melo Abreu, n.º 3, 9500-530 - Ponta Delgada;
or,
- Personally at the same adress as above.
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33. Can the defendant be heard in the infraction proceeding?
No. In the above process the defendant only has the opportunity to submit a written defense. All of his arguments should be given in this defense and all evidence that is understood to be relevant should be attached.
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34. How do I ask questions concerning the infraction proceeding?
To ask questions concerning the proceeding, the defendant, or representative, who must attach his power of attorney for this purpose, requests should be made to SCTT.
Location for submission of the request:
- By registered mail to the Direção Regional dos Transportes Terrestres - Serviço Coordenador dos Transportes Terrestres, located at the R. João Melo Abreu, n.º 3, 9500-530 - Ponta Delgada;
or,
- Personally at the same adress as above.
The provision of the proceeding for consultation is carried out in the SCTT. The time for consultation will be sent to the applicant by letter.
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35. How do I apply for a certificate or copy of the proceeding?
The certificate or the copy of the proceeding can be requested by the defendant or representative, who must attach the power of attorney for this purpose, by submitting the request to SCTT and attaching proof of payment, for which the cost appears in Portaria nº 8/2007, de 1 de Fevereiro.
Location for submission of the request:
- By registered mail to the Direção Regional dos Transportes Terrestres - Serviço Coordenador dos Transportes Terrestres, located at the R. João Melo Abreu, n.º 3, 9500-530 - Ponta Delgada;
or,
- Personally at the same adress as above.
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36. Does a procedural consultation /request for photographic record suspend the time period?
In the defense:
The consultation/request for the photographic record suspends the time period for submission of the defense, provided that it is requested within the time limit provided for submission of the defense. After the provision of the proceeding for consultation/photographic record, a new deadline will be granted for submitting of the defense.
On appeal:
The request of consultation/photographic record does not suspend the time period for submitting the appeal.
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37. How is the extent of the penalties to be applied determined?
The fine and the ancillary sanction are graduated, in each case, taking into account the circumstances under which the infraction was committed, any aggravating or attenuating circumstances legally provided for, the guilt and the economic situation of the offender, when known, and his background in relation to the enforcement of traffic laws and regulations.
In addition, the special duties of care that fall upon the driver are weighed in the decision, when the offence is committed in the course of driving, in particular when this individual drives rescue vehicles or emergency service vehicles, public transportation of children, rental cars for public transport, taxis, heavy vehicles for passengers or merchandise delivery, or for the transport of dangerous merchandise.
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38. Is it possible to extend the period for payment of the fine.
No. The system of road infractions does not permit this.
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39. Is it possible to postpone the deadline for submission of the driver's license/document of the vehicle?
No, because the law does not permit this. If you do not submit the driver's license/vehicle documentation within the legal time period, you will be in a situation of non-compliance and will be committing the crime of contempt.
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40. What is the time period for submission of the driver's license/documentation of the vehicle?
You should submit the document within 15 business days following the deadline to appeal the decision of the administrative authority – 15 days after its notification to the defendant. This means that you should submit the document between the 16th and 30th day after notification of the decision.
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41. Is the deadline for submission of the driver's license/documentation of the vehicle counted in business or calendar days?
The deadline for submission of the driver's license is counted in business days.
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42. How is the ancillary sanction carried out for compliance purposes?
Compliance with the ancillary sanction is carried out through the effective submission of the driver's license/vehicle documentation and is counted in days following this, or, if the document is seized due to the non-payment of the fine through the delivery of the respective replacement document.
It may be submitted at the Direção Regional dos Transportes Terrestres - Direção de Serviços de Viação, of the area of residence.
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43. Can the ancillary sanction be waived?
No. The law does not provide for exemption from the accessory sanction. The current wording of the Highway Code contemplates only the possibility of special mitigation in the case of very serious infractions or the suspension of execution of the ancillary sanction for serious infractions.
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44. Can the ancillary sanction be suspended?
Yes, but only for the serious infractions, provided that the fine is paid and in consideration of the circumstances of the infraction and the conduct of the offender if:The offender has not been convicted, within the last 5 years, for the commission of a serious or very serious infraction or has not been convicted of traffic crimes, the suspension can be given for a period of 6 months to 1 year.If the offender in the last 5 years has committed only one serious infraction, the suspension can be given for a period of 1 to 2 years. Such a suspension will be conditioned as a singular or cumulative period:
- The provision of a guarantee of good conduct (which is set at between € 500 and € 5000, taking into consideration the time period of the additional sanction applicable and the economic situation of the offender)
- The attendance of training activities in the case of the ancillary sanction of driving disqualification.
In very serious infractions the suspension of the ancillary sanction is not permitted, but only special mitigation.
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45. What does suspension of the execution of the ancillary sanction mean?
If the accessory sanction applicable is suspended, in its execution, the defendant does not have to submit his driver's license or vehicle title for compliance purposes.
However, if during the period of suspension set out in the decision the defendant commits another serious or very serious infraction, the Highway Code or supplementary legislation either will require the practice of the sanctions with prohibition or disqualification from driving or if it is the cancellation of the driver's license is determined, the suspension of the execution of the sanction will be revoked and the defendant will have to comply with the ancillary sanction for the specified period and which was additionally imposed in the new decision.
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46. When is a driver is considered a repeat offender?
A driver is considered a repeat offender when he is sanctioned for the commission of the infraction with a fine and ancillary sanction after having been convicted for another infraction of the same type or having been convicted less than five years ago and also fined with the ancillary sanction.
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47. At what point can the suspension/mitigation of the sanction be requested?
It can be requested in the period granted for the presentation of the defense.
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48. Can a request or claim be filed after the decision suspending the time limit for appeal?
No. If the defendant does not submit the appeal within the legal deadline (15 business days after the notification of the decision), the decision becomes final and you can no longer appeal, except if the defendant requests legal assistance, with the obligation to provide information on the proceeding on a timely basis.
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49. How can I challenge the administrative decision?
In the event that the defendant wishes to respond to the decision issued by this Administrative Authority, the defendant, or the representative, who must attach the power of attorney for this purpose, may ask for a judicial/appellate review, within 15 business days following the notification of the administrative decision.
The appeal must be directed to the Judge of the Court of the Judicial District of the area where the infraction was committed, must be written in the Portuguese language and must meet certain legal formalities such as:
Identification of the infraction number;
Complete identification of the defendant
Allegations (reasons for the appeal, i.e. that the grounds that the defendant considers relevant for his appeal);
Conclusions (summary of the grounds alleged, aiming at this being easy and quickly understood by the Court);
Signature by the defendant (pursuant to I.D.) or by a lawyer duly authorized for this purpose through a power of attorney. (The election of representative is not mandatory).
Location for submission of the request:
- By registered mail to the Direção Regional dos Transportes Terrestres - Serviço Coordenador dos Transportes Terrestres, located at the R. João Melo Abreu, n.º 3, 9500-530 - Ponta Delgada;
or,
- Personally at the same adress as above.
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50. Does the submission of appeal suspend the effects of the administrative decision?
Yes.
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51. I was notified of the administrative decision, but did not get the administrative offense notification.
- Request process consultation (see question No. 17);
- Request administrative offense copy and proof of notification (see question No. 19).
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52. Can the suspension of the execution of the ancillary sanction be revoked?
Yes. The suspension of the ancillary sanction prohibiting driving is always revoked if during the respective period of suspension:
- You perform sanctioned actions with a prohibition or disqualification from driving;
- The offender commits serious or very serious infractions;
- The offender does not comply with the duties imposed (provision of guarantee of good conduct, attend training activities);
- Is the driver's license is cancelled.
Revocation will result in complying with the sanction whose execution was suspended and the enforcement of the guarantee, if it has been provided, which reverts to the administrative entity.
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53 How do I request payment of the fine in installments?
The payment of the fine in installments can be requested at any stage of the proceeding, up to sending of the proceeding to the court for execution, by filling out the form SCTT - Mod. 04/CO approved by the SCTT and is granted only if the following conditions are fulfilled:
- The fine provided for the infraction must be of an amount greater than or equal to € 200 (200 euros) – art. 175 no. 2, section d) of the Highway Code.
- The amount of each installment shall be not less than € 50 and it must be for a period which may not exceed 12 months;
Failure to pay one of the installments will cause the termination of the possibility to pay in this manner, and payment for the entire amount will be required.
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54. When are the costs due?
The costs are due:
- When the voluntary payment of the fine is made outside of the deadline of 15 business days after notification of the infraction;
- In cases where a defense is presented, a request for payment in installments is made or any request concerning the method of complying with the applicable ancillary sanction is submitted.
The minimum amount of the costs of the infraction is € 51.00, corresponding to 1/2 of an Account Unit (the value of Account Unit is € 102.00). To this value can be added other amounts expressly provided for by law and which are the responsibility of the defendant.
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55. Can the SCTT apply court fees?
No. Only the courts may apply court fees.
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56. To what extent can the amount of the fine be refunded?
The amount paid is returned in the following cases:
- Absolution;
- When there is no conviction, provided that the same amount has been paid as a guarantee and a defense has been submitted within the legal deadline.
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57. How do individuals residing outside of Portugal make payment of the fine and/or costs?
The payment of the fine and/or expense can be made by bank transfer to the account of the Fundo Regional dos Transportes Terrestres, IPRA., and the infraction number must be referenced.
Account Number for transfers:
For non-residents in Portugal
IBAN: PT 50 0018 0008 0693 2569 02057
BIC CODE: TOTAPTPL
Bank: Santander Totta
Country: Portugal
Entity: Fundo Regional dos TRansportes Terrestres, IPRA.
Details: infraction no.
The proof of payment of the fine by bank transfer must be sent by via email to [email protected] with the indication of the infraction number or the payment reference.
The documents proving the transfer should be sent to:
Location for submission of the request:
- Serviço Coordenador dos Transportes Terrestres, located at the R. João Melo Abreu, n.º 3, 9500-530, Ponta Delgada;
EMAIL: [email protected]
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58. How do I comply with the ancillary sanction, if I reside outside of Portugal?
- Send your driver's license/vehicle document by registered mail, to the address of the SCTT
or
- Submit the driver's license/vehicle document, in person or through a duly authorized person to the SCTT.
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59. What happens if you have penalties due to compliance?
In the act of supervision:
a) If in any act of supervision, it becomes apparent that you failed to meet the financial penalties applied definitively, you should proceed immediately to make payment and if you do not do so, you are subject to the following consequences:
- Provisional seizure of your driver's license (if the sanction relates to the driver) and/or of the vehicle documents (if the sanction relates to the holder of the vehicle identification document) and issuance of the respective replacement documents for those, for a period of 15 days, during which the amounts owed must be paid;
- If payment is not made in this period, the vehicle will be impounded for payment of the sums due.
b) If in any act of supervision, it becomes apparent that you did not comply with the ancillary sanction of driving disqualification or vehicle impoundment, the driver's license or vehicle title, as the case may be, will be seized for the purposes of complying with the respective sanction.
In the administrative entity:
a) Failure to pay the fine and/or costs applied by administrative decision will entail the referral of the case to court for enforcement;
b) Non-compliance with the ancillary sanction applied by administrative decision entails a crime of contempt.
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60. Can payment of the fine and/or costs be made after the proceeding has been referred to court for enforcement?
If the proceeding has already been referred to court for enforcement, the defendant should contact the Clerk of the Court to ask how, in this case, he may stop the enforcement.
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61. What happens if the offender holds a probationary driver's license?
If the offender holds a driver's license issued less than 3 years, this will maintain its provisional nature until the decision has become final or res judicata and expires if the defendant is convicted for the commission of a traffic crime, of a very serious or serious infraction, with this implying that the respective individual will have to take a special examination, if he wishes to be able to drive motor vehicles again.
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62. How do I know if I have unpaid fines / penalties to be regularized?
You should go personally to the Serviço Coordenador dos Transportes Terrestres.
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63. What are the time limits?
Statutory limitation of the proceeding:
The proceeding for traffic infractions shall terminate due to statutory limitation, provided that two years have elapsed since the commission of the infraction.
Without prejudice to the application of the system of suspension and interruption referred to in the general scheme of mere administrative infractions, the limitation of the proceeding due to traffic infractions is interrupted with the notification to the defendant of a conviction.
Limitation of fines and ancillary sanctions:
The fines and ancillary sanctions are terminated through statutory limitation after the period of two years counting from the final decision or res judicata of the conviction.
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