Genuinely losing a driving licence and lawfully applying for a replacement is different from reporting it lost after handing it over for exchange abroad. This article concerns the latter situation. A second card may appear convenient when living or travelling between countries, but a false declaration can trigger criminal, administrative and court proceedings.
Consequences may include investigation for false statements, proceedings to annul the licence, suspension of driving rights while those proceedings continue, and another criminal case if the person drives in Romania during the suspension. Challenging a suspension order does not itself restore the right to drive.
Physical possession and legal status are different
A licence may be lost, surrendered for exchange or retained by an authority. Not having the card in your possession does not establish that it is lost. A duplicate is not an additional licence to alternate with the original.
Under Articles 3 and 4 of Ministry of Internal Affairs Order no. 82/2024, the previous licence ceases to be valid when the application for the new document is implemented in the electronic records. The loss declaration made in the application must be truthful. The EU rule is that a person may hold only one EU driving licence at a time. Exchanges involving non-EU countries require examination of the applicable regime.
How one declaration led to several proceedings
In a case in which the practice provided legal assistance, a new Romanian licence was issued following a declaration that the previous licence had been lost. The old document had also been used in an exchange procedure abroad. Correspondence between authorities and return of the Romanian document by the foreign authority revealed the inconsistency.
The criminal investigation ended with a waiver of prosecution confirmed by a judge. Nevertheless, the competent authority sought annulment of the Romanian licence and a separate order suspended the exercise of driving rights. The licence was handed to the police, which confirmed the update to the records.
The person could therefore no longer exercise the right to drive despite the absence of a conviction. A lengthy annulment case can make the suspension’s practical impact last considerably longer than expected.
A waiver of prosecution does not validate the document
A knowingly untrue statement to an authority for the purpose of obtaining a document may constitute false statements. Article 326(1) of the Criminal Code provides imprisonment from six months to two years or a criminal fine. All elements must be assessed. A mere mistake on a form is not enough by itself.
A waiver under Article 318 of the Code of Criminal Procedure concerns the prosecutor’s assessment of the public interest in continuing prosecution and requires judicial confirmation. It is not an acquittal and does not automatically establish that the licence was lawfully obtained.
Suspension can precede the final annulment judgment
Article 103(8) of Emergency Ordinance no. 195/2002 provides for suspension when the issuing authority brings the proceedings described in Article 114(1)(e), concerning a licence obtained contrary to law. The suspension lasts until final determination of those proceedings. While it remains effective, the person cannot drive in Romania.
This measure differs from an application asking the court to suspend enforcement of the suspension order. The latter requires examination of its own statutory conditions, including a well-justified case and prevention of imminent harm under Articles 14 and 15 of Law no. 554/2004. Filing the application does not mean it has been granted.
Article 114(4) also distinguishes procedural defects in issuing the document from a driving entitlement that was lawfully obtained. Each situation requires an individual assessment of the acts and facts.
A different card does not remove a suspension
Presenting another licence, including one issued abroad, does not override an effective suspension of driving rights in Romania. Driving a vehicle requiring a licence on public roads during suspension may constitute a separate offence under Article 335(2), punishable by six months to three years’ imprisonment or a criminal fine.
Clarify the position before applying or driving
If the licence is with a foreign authority or was surrendered for exchange, describe that situation accurately. If it was genuinely lost, use the proper replacement procedure. If you have already made an untrue declaration or received a request to surrender the licence, obtain written confirmation of the licence’s status and of your driving rights.
Keep applications, official replies and exchange records, check challenge deadlines promptly and consult a lawyer before further statements or applications. Do not try to correct the situation through additional inaccurate declarations. Do not drive while the right is suspended, even during a lengthy annulment case.
Related guidance: road-traffic cases and rights during a criminal investigation.