Exchange Full Brazilian Driving License to Irish License

Bocaneto

I would like to know if it is legally possible by law to change my Brazilian driving license from to and Irish driving license. Is it possible to file a legal request via a solicitor to apply for an equivalent Irish license?

I know Brazilian driving licenses do not qualify automatically for an Irish driving licence as an equivalent but I heard rumors that some solicitors are willing to take the case/request. Can anyone help?

Just a few facts:
Im an Irish citizen and I have an Irish passport.
The Brazilian driving license is a full valid license and I have been driving for 15 years.

GM228

It's simply not possible, the "rumours" you heard are nonsense.

You need to apply for a learner permit, do the essential driver training and undertake a driving test.

The only benefit the Brazilian licence affords you is you are exempt from the 6 month wait time to apply for a test after you get the permit.

Bocaneto

GM228 wrote: »

It's simply not possible, the "rumours" you heard are nonsense.

You need to apply for a learner permit, do the essential driver training and undertake a driving test.

The only benefit the Brazilian licence affords you is you are exempt from the 6 month wait time to apply for a test after you get the permit.

would I still need to take all the lessons and learn to drive again!

GM228

Bocaneto wrote: »

would I still need to take all the lessons and learn to drive again!

Yes.

GerardKeating

Bocaneto wrote: »

would I still need to take all the lessons and learn to drive again!

Not unless one of the other EU 27 states would exchange your BR licence for one, (check Portugal first) then you could exchange that for an Irish one.

Might be cheaper/easier to just do the Irish test.

ohnonotgmail

GerardKeating wrote: »

Not unless one of the other EU 27 states would exchange your BR licence for one, (check Portugal first) then you could exchange that for an Irish one.

Might be cheaper/easier to just do the Irish test.

even if they allowed the OP to exchange their licence the usual requirement is that you have to be resident in that state to do so.

Fred Swanson

This post has been deleted.

mdebets

GerardKeating wrote: »

Not unless one of the other EU 27 states would exchange your BR licence for one, (check Portugal first) then you could exchange that for an Irish one.

Might be cheaper/easier to just do the Irish test.

Even if there is another EU country that allows the exchange of a BR licence to an EU licence, this EU licence can only be changed to an Irish licence, if the original licence would entitle you to an exchange to an Irish licence (which BR licences don't qualify for). You could however drive with the EU licence in Ireland until it expires.

GM228

GerardKeating wrote: »

Not unless one of the other EU 27 states would exchange your BR licence for one, (check Portugal first) then you could exchange that for an Irish one.

Might be cheaper/easier to just do the Irish test.

That is not allowed.

ohnonotgmail wrote: »

even if they allowed the OP to exchange their licence the usual requirement is that you have to be resident in that state to do so.

Fred Swanson wrote: »

This post has been deleted.

You must be normally resident, meaning no longer a resident here - the exchanged licence would then only be valid in the country he/she exchanged it in and not valid here (or the rest of the EU) bar for a short visit.

Exchanged driving licences via a reciprocal agreement between individual countries are not afforded the mutual recognition normally afforded to EU/EEA driving licences.

Fred Swanson

This post has been deleted.

Mena

GM228 wrote: »

Exchanged driving licences via a reciprocal agreement between individual countries are not afforded the mutual recognition normally afforded to EU/EEA driving licences.

That's not true. I exchanged my South African license for an Irish one. Full license. Two years ago I exchanged my Irish for a Dutch license. Again a full one not some restricted license

GM228

Mena wrote: »

GM228 wrote: »

Exchanged driving licences via a reciprocal agreement between individual countries are not afforded the mutual recognition normally afforded to EU/EEA driving licences.

That's not true. I exchanged my South African license for an Irish one. Full license. Two years ago I exchanged my Irish for a Dutch license. Again a full one not some restricted license

It is true, the ECJ and the European Parliament have confirmed it.

Perhaps the Netherlands had/has their own specific rules on the subject, (some countries do), but exchanged licences are not subject to the normal mutual recognition afforded by Article 2 of Directive 2006/126/EC (which is transposed into Irish law via the Road Traffic (Licensing of Drivers) Regulations 2006 - as amended):-

Article 2

Mutual recognition

1.   Driving licences issued by Member States shall be mutually recognised.

And in accordance with Article 11:-

Article 11

Various provisions concerning the exchange, the withdrawal, the replacement and the recognition of driving licences

<SNIP>

6.   Where a Member State exchanges a driving licence issued by a third country for a Community model driving licence, such exchange shall be recorded on the Community model driving licence as shall any subsequent renewal or replacement.

Such an exchange may occur only if the licence issued by the third country has been surrendered to the competent authorities of the Member State making the exchange. If the holder of this licence transfers his normal residence to another Member State, the latter need not apply the principle of mutual recognition set out in Article 2.

There has been previous ECJ case law (based on the old Directives 80/1263/EEC and 91/439/EEC ) on the issue which clarified that Article 2 only applies to a licence first issued in an EU/EEA state, however a recent judgement last year from the ECJ clarified that an exchanged licence is not a first issue (the first issue being the original non-EU/EEA country). I can't find the case but here's a very ecent European Parliament parliamentary question on the matter by Andor Deli (the Hungarian MEP) following the ruling and questioning how that ties in with free movement and which confirms what I stated:-

http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+WQ+E-2017-000642+0+DOC+XML+V0//EN&language=cs

Question:


Under Article 11(6) of the Driving Licences Directive (2006/126/EC), where a Member State exchanges a driving licence issued by a third country for a Community model driving licence, such exchange must be recorded on the Community model driving licence, and the licence thus ‘exchanged’ is not covered by the principle of mutual recognition set out in Article 2.

The above rules have a particularly adverse impact on professional drivers who have the nationality of a Member State and a driving licence issued by a third country which has already been exchanged by a Member State for a Community model driving licence. When changing their place of work (which often entails a change of place of residence), professional drivers have to apply again to the national authorities of their new place of residence for the recognition /exchange of their third country driving licence for a Community model driving licence, even if this has already been done by a Member State in the past.

In the light of the above, I should like to ask the Commission:

Does not the abovementioned practice represent an administrative obstacle to the free movement of workers and the free flow of services in the single market?

Would it be possible for the principle of mutual recognition to be extended to Community model driving licences issued on the basis of a third country driving licence?

And the answer from the Transport Commissioner Violeta Bulc:-

Answer:

Directive 2006/126/EC on driving licences fcilitates the free movement of persons in the European Union by stipulating the normal residence as a requirement for obtaining a harmonised driving licence regardless of the driver's nationality. The harmonised minimum requirements for the issue of a driving licence, harmonised standards for driving tests and licencing on road safety grounds further contribute to this effort.

According to the directive, the driving licences issued by Member States have to be mutually recognised to enable the holder of a valid driving licence to drive in any Member State with the licence as long as it remains valid. However it is a national competence to assess and accept or refuse a third country driving licence.

Therefore the directive provides for the mutual recognition of a harmonised driving licence based on a third country driving licence only as long as the normal residence of the driver is in the Member State that issued the harmonised document.

Consequently, when the holder of the driving licence transfers his or her normal residence to another Member State, the third country driving licence will be subject to the assessment of the new Member State.