Promoting road safety and reducing accidents are priorities in the Program of the XXII Constitutional Government, as was already the case under the program of the previous government, whose mandate saw the approval of the National Strategic Road Safety Plan (PENSE 2020), through Council of Ministers Resolution no. 85/2017, of June 19. In order to achieve this goal, it is necessary to make some changes to the Highway Code and its complementary legislation.
Thus, within the scope of promoting road safety, and with the aim of reducing accidents, special safety rules have been introduced for idling vehicles, namely tractors, agricultural or forestry machinery and industrial machinery.
Similarly, in view of the proliferation of vehicles assimilated to bicycles that can circulate in bicycle lanes and mixed bicycle and pedestrian lanes, and their extreme danger when sharing space, the assimilation of bicycles is restricted to vehicles with a maximum continuous power of 0.25 kW and which do not reach a top speed of more than 25 km/h.
This equivalence, with its respective limitations, is in line with international best practice, as well as the criteria that have been established in the contracts signed between local authorities and the companies that share this type of equipment. Article 112 of the Highway Code, approved by Decree-Law 114/94 of 3 May, has been systematized, clarifying the definition of motorized bicycles and scooters.
The definitions of motorcycles, mopeds, tricycles and quadricycles have also been adapted to the provisions of Regulation (EU) No. 168/2013 of the European Parliament and of the Council of January 15, 2013 on the approval and market surveillance of two or three-wheel vehicles and quadricycles.
On the other hand, given that the continued use or handling of radiotelephone and similar devices while the vehicle is in motion is a growing cause of road accidents, the use or handling of such devices while the vehicle is in motion is penalized more severely, with a view to deterring such risky behavior.
In an ongoing effort to dematerialize and speed up the administrative offence process, article 169-A of the Highway Code has been amended, making it possible to carry out procedural acts by affixing a digital signature, using a solution that integrates attribute providers with the professional attribute certification system and the citizen's card. It will also be possible for citizens, in the context of administrative offense proceedings and through voluntary adherence to the single digital address, to receive notifications electronically to the electronic mailbox associated for this purpose.
The drawing up of an administrative offense notice is based on the commission of one or more facts with legal dignity and sanctioning relevance, and the notice constitutes an accusation against which the defendant can defend himself, and it is up to the administrative authority to decide. However, there are situations in which drivers are in the performance of certain functions that determine the exclusion of the unlawfulness of the facts committed. Thus, even though the acts committed may be a type of road traffic offense, it is known a priori that these acts are lawful, so that drawing up an administrative offense notice and the subsequent procedural process are pointless procedural acts, inevitably culminating in the case being closed. For this reason, Article 171-A of the Highway Code already provides for the procedure to be waived for infractions committed by agents of the security forces and services and criminal police bodies, when they arise from the exercise of their functions and within the scope of a mission authorized by higher authority or legally determined, provided that this is confirmed by a declaration from the competent authority.
Experience has shown that it is now appropriate, in order to safeguard the pursuit of overriding public interests, to extend the existing provision to drivers of vehicles on urgent rescue missions and to drivers of vehicles on urgent public interest missions.
In addition, this decree-law aims, in compliance with the principles of reducing bureaucracy and transparency, and through administrative simplification measures, to introduce all categories of vehicles into a single document - the driving license.
To this end, the Legal Driving License Regulation has been amended, with the aim of eliminating driving licenses to drive tractors and agricultural or forestry machinery on public roads, integrating these vehicles into the driving license and subdividing this qualification into types I, II and III, with specific mentions for each type.
To this end, the driving license model has been amended to include the agricultural vehicle license and to introduce security improvements: (i) by changing the graphics of the background image of the driving license; (ii) by making it more harmonious; (iii) by introducing the duplication of the driver's photograph in a reduced size in the bottom right-hand corner and (iv) by including a two-dimensional QR Code type barcode to allow the license to be read on suitable equipment.
The changes introduced by this decree-law also materialize the procedures for implementing the iSIMPLEX measure "CAP online - Digital Psychological Assessment Certificate", which aims to dematerialize the psychological assessment certificate.
The system for exchanging foreign driving licenses has also been changed in order to strengthen the quality of the analysis of the equivalence of license categories, establishing a differentiated system for Group 1 and Group 2 drivers, with increased requirements for verifying knowledge and driving skills for drivers who are going to drive as a profession or risky activity. As a result, and because the aim is to maintain reciprocal institutional relations, the bilateral agreements for the recognition and exchange of foreign driving licenses that have already been signed will be maintained.
Changes have been made to the rules on the expiry of driving licenses, not only in terms of the rules that allow drivers who have let their licenses lapse to get them back, even if they are conditional on taking exams or attending training, but also in terms of providing for the definitive expiry of driving licenses in the situations typified in the law.
It also establishes the possibility of justifying absences from driving tests by presenting a medical certificate or other authentic proof.
Also with regard to driving licenses, the amendments necessary to transpose Commission Directive (EU) 2020/612 have been incorporated into this decree-law.
Within the scope of traffic enforcement, the National Republican Guard and the Public Security Police need access to all the information contained in the Driver's Individual Record in order to fully exercise their powers. However, the current indirect way of obtaining information on outstanding sanctions and driving disqualifications or prohibitions has proved insufficient. Therefore, for reasons of procedural simplicity and speed, the security forces are changing the way they access the data contained in the Driver's Individual Record.
Lastly, the powers of the supervisory bodies set out in Decree-Law no. 44/2005 of 23 February, in its current wording, have been adjusted and the need to organize and keep up to date a register of bodies that invoke or give rise to urgent services in the public interest has been enshrined.
The government bodies of the Autonomous Regions, the National Data Protection Commission and the National Association of Portuguese Municipalities were consulted.
Thus:
Pursuant to Article 198(1)(a) of the Constitution, the Government hereby decrees the following:
Article 1
Purpose
This decree-law proceeds
a) The 20th amendment to the Highway Code, approved by Decree-Law no. 114/94, of May 3, and amended by Decree-Laws no. 214/96, of November 20, 2/98, of January 3, 162/2001, of May 22, and 265-A/2001, of September 28, by Law no. 20/2002, of August 21, by Decree-Laws no. 44/2005, of February 23, 113/2008, of July 1, and 113/2009, of May 18, by Laws no. 78/2009, of August 13, and 46/2010, of September 7, by Decree-Laws 82/2011, of June 20, and 138/2012, of July 5, by Laws 72/2013, of September 3, and 116/2015, of August 28, by Decree-Law 40/2016, of July 29, by Law 47/2017, of July 7, and by Decree-Laws 151/2017, of December 7, 107/2018, of November 29, and 2/2020, of January 14;
b) The sixth amendment to Decree-Law no. 317/94, of December 24, amended by Decree-Laws no. 105/2006, of June 7, 130/2009, of June 1, and 114/2011, of November 30, by Law no. 27/2015, of April 14, and by Decree-Law no. 80/2016, of November 28, which organizes the individual driver's register;
c) The third amendment to Decree-Law no. 44/2005, of February 23, amended by Law no. 72/2013, of September 3, and by Decree-Law no. 146/2014, of October 9;
d) The second amendment to Decree-Law no. 262/2009, of September 28, amended by Decree-Law no. 12/2017, of January 19;
e) The fifth amendment to Decree-Law no. 138/2012, of July 5, amended by Decree-Laws no. 37/2014, of March 14, 40/2016, of July 29, 151/2017, of December 7, and 2/2020, of January 14, transposing Commission Directive (EU) 2020/612, amending Directive 2006/126/EC of the European Parliament and of the Council on driving licenses.
Article 2
Amendment to the Highway Code
Articles 22, 23, 55, 81, 82, 84, 85, 89, 107, 112, 119, 121, 122, 123, 125, 128 to 130, 139, 145, 146, 148, 169. Articles 22, 229, 169-A, 171-A, 173, 176 and 183 of the Highway Code, approved by Decree-Law no. 114/94, of May 3, in its current wording, are replaced by the following:
"Article 22
[...]
1 - [...].
2 - [...].
3 - [...].
4 - [...].
5 - Special audible warning devices may be used in police vehicles and vehicles used to provide assistance or urgent services in the public interest, as well as in vehicles used for the specific training of their drivers, the characteristics and conditions of use of which shall be laid down in regulations.
6 - [...].
7 - [...].
8 - [...].
Article 23
[...]
1 - [...].
2 - [...].
3 - Special warning lights may be used on police vehicles and vehicles used to provide assistance or urgent services in the public interest, as well as on vehicles used for the specific training of their drivers, the characteristics and conditions of use of which shall be laid down in regulations.
4 - Motor vehicles which, due to the service for which they are intended, must stop on the public highway or travel at idle speed, including tractors and agricultural or forestry machinery and industrial machinery, must be equipped with special warning lights, the characteristics and conditions of use of which are laid down in regulations, and their drivers must make use of them.
5 - The following are not permitted:
a) The installation or use of special warning lights on vehicles other than those referred to in the previous paragraphs;
b) The use of special warning lights in situations where there is no need.
6 - Anyone infringing the provisions of paragraphs 2 and 4 and subparagraph b) of the previous paragraph shall be punished with a fine of (euro) 60 to (euro) 300.
7 - Anyone who infringes the provisions of paragraph 5(a) shall be punished with a fine of (euro) 500 to (euro) 2500 and with the loss of the objects, and the inspecting officer shall immediately remove and seize them or, if this is not possible, seize the vehicle identification document until the objects have been effectively removed and seized, in which case the provisions of article 161(5) shall apply mutatis mutandis.
8 - The non-operation or defective operation of the special warning light is equivalent to its absence.
Article 55
[...]
1 - [...].
2 - [...].
3 - [...].
4 - [...].
5 - Children may be transported in cars intended for public passenger transport, individual and paid passenger transport in a vehicle discharged from an electronic platform (TVDE) and transport in a vehicle dedicated to patient transport, without complying with the provisions of the previous paragraphs, provided that they are not in the front seats.
6 - [...].
Article 81
[...]
1 - [...].
2 - [...].
3 - Drivers on probation and drivers of rescue or emergency vehicles, collective transport vehicles for children and young people up to the age of 16, cabs, TVDEs, heavy passenger or goods vehicles or vehicles transporting dangerous goods who have a blood alcohol level equal to or greater than 0.2 g/l or who, following an examination carried out in accordance with this Code and complementary legislation, are considered to be under the influence of alcohol in a medical report.
4 - [...].
5 - [...].
6 - [...].
7 - The limits of 0.5 g/l and 0.8 g/l referred to in the previous paragraph shall be reduced to 0.2 g/l and 0.5 g/l, respectively, for drivers on probation, drivers of rescue or urgent service vehicles, collective transport of children and young people up to the age of 16, cabs, TVDEs, heavy passenger or goods vehicles or transport of dangerous goods.
Article 82
[...]
1 - Drivers and passengers transported in motor vehicles are obliged to wear belts and other safety devices with which, by law, the vehicles are equipped.
2 - [...].
3 - [...].
4 - [...].
5 - [Repealed.]
6 - The driver of a tractor or agricultural or forestry machine must ensure that the roll-over protection structure is installed, in the case of a removable structure, or that it is raised in the service position, in the case of a folding structure.
7 - Anyone who does not use or incorrectly uses the safety devices provided for in this article shall be punished with a fine of (euro) 120 to (euro) 600.
Article 84
[...]
1 - [...].
2 - [...].
3 - [...].
4 - Anyone infringing the provisions of paragraph 1 shall be punished with a fine of (euro) 250 to (euro) 1250.
5 - [...].
Article 85
[...]
1 - [...].
2 - [...].
3 - [...].
4 - The documents referred to in the previous paragraphs may be replaced by:
a) A mobile application that allows verification of the data contained in said documents, under the terms of paragraphs 1 and 4 of article 4-A of Law no. 37/2014, of June 26, in its current wording;
b) Digital driving license, in the case of paragraph 1 b), under the terms to be defined by ordinance of the members of the Government responsible for the areas of internal administration, administrative modernization and transport.
5 - If it is not possible to verify the data on the spot in real time, under the terms of the previous paragraph, the driver must, within five days, present the physical documents to the authority indicated by the inspecting officer or send the document taken from the application referred to in point a) of the same paragraph by electronic means.
6 - The driving license or vehicle identification document is seized by:
a) Handing over the physical documents, when the driver holds them;
b) Registration by electronic means, when the driver replaces them in accordance with paragraph 4, and the physical documents must be handed over to the authority indicated by the enforcement officer within five days.
7 - Anyone who infringes the provisions of paragraphs 1 to 3 shall be punished with a fine of (euro) 60 to (euro) 300.
8 - Anyone who, in the cases provided for in no. 5 and no. 6(b), fails to hand over the documents within five days to the authority indicated by the inspecting officer shall be punished with a fine of (euro) 60 to (euro) 300.
Article 89
[...]
1 - The driver involved in an accident must provide the other parties involved with their identification, that of the owner of the vehicle and that of the insurer, as well as the policy number, showing, when requested, the supporting documents or the data of the documents made available under the terms of paragraph 1 of article 4-A of Law no. 37/2014, of June 26, in its current wording.
2 - [...].
3 - [...].
4 - [...].
Article 107
[...]
1 - A motorcycle is a vehicle with two wheels, with or without a sidecar, with a propulsion engine with a cylinder capacity of more than 50 cm3, in the case of an internal combustion engine, or which, by construction, exceeds a maximum speed of 45 km/h or whose maximum power exceeds 4 kW.
2 - [...]:
a) In the case of two-wheel mopeds, the maximum power does not exceed 4 kW and in the case of a spark-ignition engine has a cylinder capacity not exceeding 50 cm3;
b) In the case of three-wheel mopeds, the maximum power does not exceed 4 kW and the engine capacity does not exceed 50 cm3 in the case of a spark-ignition engine, or 500 cm3 in the case of a compression-ignition engine.
3 - A tricycle is a vehicle with three symmetrically arranged wheels which, by design, exceeds a maximum speed of 45 km/h, or has a propulsion engine with a maximum power exceeding 4 kW, or has a cylinder capacity exceeding 50 cm3 in the case of a spark-ignition engine, or 500 cm3 in the case of a compression-ignition engine.
4 - [...]:
a) Light vehicle - a vehicle with a maximum speed, on the ground and by construction, of no more than 45 km/h, whose unladen mass does not exceed 425 kg, excluding the mass of the batteries in the electric vehicle, and with an engine capacity of no more than 50 cm3 in the case of a spark-ignition engine, or 500 cm3 in the case of a compression-ignition engine;
b) Heavy - a vehicle whose unladen mass, excluding the mass of the batteries in the case of electric vehicles, does not exceed 450 kg or 600 kg, depending on whether it is intended for the carriage of passengers or goods.
Article 112
[...]
1 - [...].
2 - A motorized bicycle is a bicycle equipped with an auxiliary motor with a maximum continuous power of 1.0 kW, the power supply of which is progressively reduced as the speed increases and is interrupted if the speed of 25 km/h is reached, or rather if the rider stops pedalling.
3 - For the purposes of this Code, the following are considered to be bicycles:
a) Motorized bicycles;
b) Scooters with an electric motor, as well as electrically powered, self-balancing and self-propelled circulation devices or other similar means of circulation with a motor, when equipped with a motor with a maximum continuous power of 0.25 kW and reaching a maximum speed of 25 km/h.
4 - For the purposes of point b) of the previous paragraph, a scooter is considered to be a vehicle made up of two wheels in series, supporting a base on which the driver rests his feet, driven standing up and steered by means of a handlebar that rises to waist height.
5 - The circulation regime and technical characteristics of scooters with an electric motor, as well as of self-balancing and self-propelled circulation devices with an electric motor or other similar means of circulation with a motor, which do not comply with the provisions of paragraph 3(b), shall be laid down by regulatory decree.
6 - Anyone who rides a self-balancing, self-propelled scooter or similar motorized means of transport equipped with a motor with a maximum continuous power of more than 0.25 kW or who reaches a maximum speed of more than 25 km/h, in disregard of the technical characteristics and the circulation regime provided for in the previous paragraph, shall be punished with a fine of (euro) 60 to (euro) 300.
7 - The vehicles referred to in the previous paragraph shall be seized immediately.
8 - The provisions of paragraphs 6 and 7 shall apply to bicycles equipped with an auxiliary motor with a maximum continuous power of more than 1.0 kW or whose power supply is not interrupted if the bicycle stops pedaling or whose maximum speed is more than 25 km/h.
Article 119
[...]
1 - [...]:
a) The vehicle reaches its end of life in accordance with Article 3(1)(jjj) of Decree-Law no. 152-D/2017, of December 11, in its current wording;
b) [...];
c) [...];
d) [...];
e) [...];
f) [...];
g) [...].
2 - [...]:
a) When the vehicle becomes unusable or reaches the end of its life, upon presentation of the documentation legally required under the terms of Decree-Law no. 152-D/2017, of December 11, in its current wording;
b) [...];
c) [...];
d) [...].
3 - [...].
4 - [...].
5 - [...].
6 - [...].
7 - [...].
8 - [...].
9 - [...].
10 - [...].
11 - [...].
12 - [...].
13 - [...].
Article 121
[...]
1 - [...].
2 - [...].
3 - [...].
4 - The document that certifies legal authorization to drive mopeds, motorcycles, tricycles, quadricycles, cars and agricultural vehicles, except motor cultivators operated on foot, is called a driving license.
5 - [Repealed.]
6 - Driving bicycles and similar vehicles does not require a legal driving license.
7 - IMT, I. P., the supervisory bodies and other entities with competence for this purpose may replace driving licenses with provisional replacement guides, valid only in national territory and for the categories listed on the title they replace, for a period to be defined by decision of the IMT, I. P. board of directors.
8 - [...].
9 - Driving licenses are issued by IMT, I. P. to citizens who prove that they meet the respective legal requirements, and are valid for the categories of vehicles and for the periods legally established.
10 - [...].
11 - [...].
12 - [...].
13 - [...].
14 - [...].
Article 122
[...]
1 - [...].
2 - [...].
3 - [...].
4 - Holders of driving licenses in categories T, AM and A1 or B1 shall be subject to the probationary system when they obtain a license to drive another category of vehicle, even if the original license is valid for more than three years.
5 - [...].
6 - [...].
7 - [...].
8 - [...].
9 - [...].
10 - [...].
11 - [...].
12 - [...].
13 - [...].
14 - [...].
Article 123
[...]
1 - The driving license entitles its holder to drive one or more categories of vehicles and their respective types set out in the RHLC, without prejudice to the provisions on the approval of vehicles.
2 - [...].
3 - Anyone driving a vehicle of any category or type for which the respective driving license does not confer a license shall be punished:
a) With a fine of (euro) 120 to (euro) 600, if they only hold a category T driving license;
b) With a fine of (euro) 700 to (euro) 3500, if you only hold a category AM or A1 driving license;
c) With a fine of (euro) 500 to (euro) 2500, if you only hold a driving license in one of the categories not provided for in the previous paragraphs.
4 - [Repealed.]
5 - [...].
6 - [...].
7 - [...].
8 - [...].
9 - [...].
10 - [...].
11 - [...].
12 - [...].
13 - [...].
14 - [...].
Article 125
[...]
1 - In addition to a driving license, the following are qualifications for driving motor vehicles:
a) [...];
b) [...];
c) [...];
d) Driving licenses issued by a foreign state, provided that reciprocity is guaranteed;
e) [...];
f) [...];
g) [...];
h) [...];
i) Apprenticeship leave.
2 - [...].
3 - [...].
4 - [...].
5 - [...].
6 - [...].
7 - [...].
8 - Anyone who infringes the provisions of paragraphs 3 to 5, while holding a valid license, shall be punished with a fine of (euro) 300 to (euro) 1500.
Article 128
[...]
1 - [...]
2 - If the foreign title presented is one of those referred to in article 125(1)(b) to (d), the exchange is conditional on the holder complying with the requirements set out in the RHLC for obtaining a driving license, with:
a) Exemption from the driving test for driving licenses issued by a Member State of the European Union or the European Economic Area;
b) Exemption from the driving test for categories AM, A1, A2, B1, B and BE of the driving licenses referred to in Article 125(1)(c);
c) Theoretical and practical tests, on a self-proposed basis, for categories A, C1, C1E, C, CE, D1, D1E, D, DE, T and Group 2 endorsement, for the titles referred to in Article 125(1)(c);
d) Examination tests, when provided for in bilateral or multilateral agreements binding the Portuguese State.
3 - The following categories of vehicles shall be registered on the Portuguese driving license granted in exchange for a foreign title:
a) Those registered on the driving licenses provided for in Article 125(1)(b);
b) Those obtained by means of a driving test on the driving licenses provided for in article 125, paragraphs c) and d), provided that the provisions of paragraphs b) to d) of the previous number are complied with;
c) Those provided for in the RHLC as an extension of the license for another category of vehicle.
4 - [...].
5 - [...].
6 - Holders of foreign driving licenses not listed in article 125(1) may obtain a driving license by exchanging their licenses, provided that they can prove that they obtained them by passing an exam, that they comply with the requirements set out in the RHLC for obtaining a driving license and that they pass the theoretical and practical tests of the driving exam, on a self-proposed basis, for the categories they wish to exchange.
7 - [...]:
a) [Repealed.]
b) [Repealed].
c) The exchange of the foreign title is not requested within two years from the date of establishment of residence in Portugal, in the situations provided for in paragraph 2 b);
d) It is not requested two years after the end of the period set for the exchange of a lifetime driving license issued by a Member State of the European Union or the European Economic Area;
e) There is a record of a practical test carried out in national territory, on a date after the foreign title was obtained, with a failed result.
8 - [...].
9 - Holders of a Portuguese driving license filed with IMT, I. P., in exchange for a foreign driving permit may request its reinstatement, exclusively for the categories they qualified for in Portugal, provided that they comply with the requirements set out in the RHLC for obtaining a driving license, with the exception of taking a driving test.
10 - The provisions of the previous paragraphs shall apply to the endorsement on the driving license of categories registered on a foreign title.
Article 129
[...]
1 - [...].
2 - Doubts about a driver's psychological aptitude or ability to drive safely may be raised, namely by driving in the opposite direction to that legally established on freeways or similar roads, by hit-and-run drivers, as well as by dependence on or a tendency to abuse alcoholic beverages or psychotropic substances.
3 - [...].
4 - [...].
5 - [...].
6 - [...].
7 - If enforcement bodies detect drivers whose behavior may indicate a lack of physical, mental or psychological fitness to drive safely, they must draw up a detailed report and send it to the competent authority.
Article 130
Driving licenses expire
1 - [...]:
a) [...];
b) [...];
c) Is on probation and the holder has been convicted of a crime related to driving, a very serious administrative offense or a second serious administrative offense by a final court decision or a final administrative decision;
d) Is revoked under the terms of article 148 of this Code or article 101 of the Penal Code;
e) The driver dies.
2 - [...]:
a) The cause of expiry provided for in point a) of the previous paragraph has occurred more than two years ago and less than five years ago, with the exception of the revalidation of category AM, A1, A2, A, B1, B and BE titles whose holders have not reached the age of 50;
b) [...];
c) [...].
3 - Expired driving licenses may not be renewed when:
a) [Repealed.]
b) [Repealed.]
c) The holder fails, for the second time, any of the tests of the special driving test to which he is submitted;
d) More than ten years have passed since the date on which it should have been renewed.
4 - The following are also subject to the special test provided for in paragraph 2:
a) Holders of driving licenses that have expired under points c) and d) of paragraph 1;
b) Holders of driving licenses which have expired more than five years previously.
5 - Holders of expired driving licenses shall be deemed, for all legal purposes, not to be entitled to drive the vehicles for which the license was issued, and the probationary regime provided for in article 122 shall apply to them if they obtain a new driving license.
6 - [Repealed.]
7 - Anyone driving a vehicle with an expired license, under the terms of paragraph 1, shall be punished with a fine of (euro) 120 to (euro) 600.
