Controversy over confiscation of driver's licenses in Morocco

14/05/2006

The legality of confiscating driver's licenses continues to be a contentious issue in Morocco.

By Hassan Benmehdi for Magharebia in Casablanca – 14/05/06

[File] A traffic cop in Casablanca.

Drivers violating the Morocco Highway Code often have their driver's licenses confiscated by policemen. Although authorities say the practice is part of the national plan to curb road accidents, Moroccan law limits the confiscation of licences to fewer types of cases than practiced by police.

During the first quarter of this year, 3,570 driver's licenses were confiscated. The penalty is automatically imposed on offenders who refuse to immediately pay a fine of 100-400 dirhams. Authorities feel confiscation acts as a deterrent and is justified in that it guarantees a fine will be paid to the government. The offender is obliged to go to the police station to pay it if he wishes to recover his license.

However, Article 12 of the 19 January 1953 law on the preservation of public highways, traffic and haulage -- as well as article 434 of the Penal Code -- stipulate that police officers responsible for reporting road traffic accidents do not have the right to confiscate a driver's license unless the driver is intoxicated, tries to avoid criminal or civil responsibility by leaving the scene or attempts to change the place of the accident. .

Minister of Justice Mohamed Bouzoubaa has acknowledged the scale of the problem. In a response to members of parliament, he admitted to excesses in confiscation of driver's licenses due to a lack of respect for the law. In his view, the problem is "diverting" the national strategy for tackling road traffic accidents from its intended goals.

Bouzoubaa announced that his ministry sent a letter to the public prosecutors' departments at the Courts of Appeal and Courts of First Instance to stop the arbitrary confiscation of driver's licenses by traffic police, and also to ensure the strict respect and implementation of legal measures regarding confiscation as stipulated by Articles 12 and 12a of the 1953 law.

He added the national strategy has contributed to a 5 per cent reduction in the number of road accidents, thereby boosting the economy by helping to lessen the amount of money spent by the government on the terrible problem.