In Portugal, authorities can seize a document if its physical condition has deteriorated to the point that the information on it can no longer be recognised.

This relatively unknown rule is set out in Article 159 of the Highway Code, which allows preventive seizure of driving licences when their condition makes any information or endorsement on the document illegible.

As reported by Correio da Manhã, criminal investigation or enforcement authorities and their officers can carry out the measure.

However, having an old or worn licence does not automatically mean a driver is at risk of losing it. Minor scratches, marks or general signs of use are not enough on their own.

The issue is whether the damage prevents any information or endorsements on the licence from being read.

A licence that has cracked, broken or become badly damaged could therefore be seized if the condition of the document makes one or more details impossible to understand, and damage caused by moisture or heavy wear could also cause problems if it affects an area containing important information.

Seizure is not the same as losing your licence

Having a licence physically seized for this reason does not mean the driver has lost their legal entitlement to drive.

This measure differs from having a licence revoked or being banned from driving.

In this case, the police take the physical document because it is no longer in suitable condition.

The Highway Code states that drivers must instead be given a temporary driving guide when their licence is seized on these grounds, which will be valid for the period considered necessary and can be renewed where there is a justified reason.

It acts as a replacement for the seized licence during that period, although it is only valid for driving within Portugal.

Drivers can replace a damaged licence

If a document is in poor condition, drivers can request a replacement through IMTOnline, provided they meet the relevant requirements, so motorists do not have to wait until authorities stop them to deal with a badly damaged licence.

Depending on the circumstances, drivers can also handle the process in person at an Espaço Cidadão or an Institute for Mobility and Transport (IMT) service counter.

Do not confuse replacing a damaged licence with renewing an expired one. The two issues are separate: one concerns the validity period of the document, while the other concerns its physical condition.

This means that a licence can still be within its official expiry date and still need to be replaced because it has become too damaged.