Driving Licence: Grant, Withdrawal and Renewal
A driving licence is an everyday document that people notice only when it expires or is taken away. Traffic Law No. 8 of 2019 governs it in a chapter of its own. The office of Ali Barakat in al-Yarmouk, Baghdad, sets out here the conditions for getting one and the ways of losing it.
One licence per person
Article 20 bars anyone from driving a vehicle without a licence and forbids granting a person more than one. It also lets state bodies give employees a service driving document based on the licence issued by the General Traffic Directorate, allowing them to drive the body's vehicles of the matching type. The service document does not replace the licence; it rests on it.
Conditions for grant
Article 21 sets five conditions. First, age, which varies by class: eighteen for certain classes including (A), twenty for two other classes, twenty-five for class (C) and sixteen for class (G). Second, medical and psychological fitness confirmed by a specialised medical committee, with glasses or contact lenses allowed if they correct sight. Third, a technical test on driving and rules of the road. Fourth, a practical test matching the licence type. Fifth, no court order banning the person from driving. The Director-General of Traffic sets test subjects by notice under article 47.
Validity and renewal
Article 23, as corrected by a notice in Official Gazette No. 4562 of 11 November 2019, makes a licence valid for ten years, renewable. The holder has thirty days after expiry to renew, and renewal follows confirmation of medical fitness and the absence of any legal bar. Article 9 forbids driving once thirty days have passed since expiry, so driving after the grace period is treated like driving without a licence.
Invalidation
Article 22 requires the licensing officer to invalidate a licence when its holder loses medical or psychological fitness or becomes subject to a court ban. This is an administrative step tied to a condition falling away, not a penalty.
Withdrawal by a court
Withdrawal comes from a court. Article 31(2) lets the court, at a traffic officer's request, withdraw the licence of a repeat offender for up to ninety days. Article 39 lets it, on conviction for an offence under the Traffic Law, withdraw the licence for three months to a year and bar an unlicensed person from obtaining one for a year after the sentence ends. See Criminal liability in traffic accidents.
Driving on a withdrawn licence
Article 32 punishes, with detention or a fine, driving without a licence or with a withdrawn or cancelled one, and the vehicle may be held for up to ten days. Article 9 also bars driving on a licence that does not cover the vehicle class. Article 33 punishes an owner who lets an unlicensed person drive, with an exception under article 9 for a learner at a licensed driving school accompanied by an authorised instructor.
The licence and compulsory insurance
Licence status also matters for insurance. Article 8 of Compulsory Motor Insurance Law No. 52 of 1980 lets the insurer, after compensating the injured person, recover from the insured and the driver jointly where the driver held no licence for that class, had a withdrawn licence, or had lost a licensing condition at the time of the accident. Driving on an expired licence past the grace period can therefore leave driver and owner facing the insurer's claim for what it paid.
Foreigners and licences issued abroad
Article 22 allows a lawfully resident non-Iraqi to be granted a class (A) licence, and treats valid licences issued in other countries as valid in Iraq on a reciprocity basis. Article 24 exempts diplomatic, consular and international organisation staff from the fitness and no-ban conditions in return for a statement from the head of mission certified by the Ministry of Foreign Affairs, and allows an Arab licence to serve as the basis for an Iraqi one.
Legal basis and sources
- Traffic Law No. 8 of 2019 (Official Gazette No. 4550 of 5/8/2019; correction notice in No. 4562 of 11/11/2019) — Articles 9, 20, 21, 22, 23, 24, 31, 32, 33, 39 and 47
- Compulsory Insurance against Motor Vehicle Accidents Law No. 52 of 1980 (Official Gazette No. 2766 of 31/3/1980) — Article 8
Frequently asked questions
How long is a driving licence valid?
Ten years, renewable, with a thirty-day grace period after expiry, under article 23.
Can a traffic officer withdraw a licence himself?
Withdrawal for a period is ordered by a judge, at the officer's request for repeat offending or on conviction, under article 31(2) and article 39.
Is a foreign licence accepted in Iraq?
Yes, on a reciprocity basis, under articles 22 and 24.
Related topics and articles
- 01Traffic Law: Offences and Vehicle ImpoundHow traffic fines work under Iraq Traffic Law No. 8 of 2019: the officer's authority, monitoring equipment, notice, doubling and reduction, impound, and licence withdrawal for repeat offences.
- 02Criminal Liability in Traffic AccidentsA driver's criminal liability under Iraq Traffic Law No. 8 of 2019 and the Penal Code: serious harm, death, driving under the influence, aggravation and mitigation, waiver and reconciliation, and licence withdrawal.
- 03Objecting to a Traffic FineHow to challenge a traffic fine under article 30 of Iraq Traffic Law No. 8 of 2019: the objection committee, the fifteen-day window, evidence and the effect of the decision.
- 04Compulsory Motor Insurance and Traffic CompensationIraq Compulsory Motor Insurance Law No. 52 of 1980: automatic cover, no-fault compensation, driver injury, unidentified vehicles, notice period and limitation.
- 05After a Collision or Run-Over: The Record and Your RightsLegal steps after a collision or run-over in Iraq: getting the injured person to hospital, reporting, the accident scene sketch, complaint before the investigating judge, notifying the insurer and preserving evidence.