Law Office ofAli Barakat
Traffic, Vehicle Accidents and Compulsory Insurance

Driving Licence: Grant, Withdrawal and Renewal

In briefUnder article 21 of Traffic Law No. 8 of 2019 a driving licence is granted to someone of the required age for the class, medically and psychologically fit, who passes theory and practical tests and is under no court ban. It lasts ten years, renewable, with a thirty-day grace period; it is invalidated on loss of fitness or a court ban, and courts may withdraw it.

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

  1. 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
  2. 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.

Always check the text in force and its amendments in the official source.

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