Article 40 of Traffic Law

The penalty shall be doubled in all cases of recidivism in respect of matters for which no special provision is contained in the Traffic Law. Article 41 (1) Settlement may be accepted from an accused person who commits any of the acts stipulated in Articles (33, 33 bis, 43, 53, 63, 73) of this Law, its Executive Regulations, or the decisions implementing it, as follows: 1. Payment of seventy-five dinars in the event of a violation of the provisions of Article (33). 2. Payment of one hundred and fifty dinars in the event of a violation of the provisions of Article (33 bis). 3. Payment of fifty dinars in the event of a violation of the provisions of Article (43). 4. Payment of thirty dinars in the event of a violation of the provisions of Article (53). 5. Payment of twenty dinars in the event of a violation of the provisions of Article (63). 6. Payment of fifteen dinars in the event of a violation of the provisions of Article (73). 7. Payment of not less than seventy dinars and not more than one hundred and fifty dinars in the event of exceeding the maximum speed limit. The Executive Regulations shall specify the settlement amount in light of the extent to which the prescribed maximum speed limit is exceeded. Payment shall be made at the entity designated by the General Traffic Department within two months from the date of commission of the act or notification of the accused if the report was drawn up in his absence. Settlement shall result in the extinguishment of the criminal proceedings and all their effects, on the basis of a certificate issued by the competent entity in this regard, without prejudice to the provisions contained in Articles (42, 24, 24 bis, 34) of the Traffic Law and their entry in the traffic violation points system register. Settlement may be refused if the offender commits more than one serious violation of the violations set out in Articles (33 except item 3, 33 bis except item 1, 43), or if his violations are multiple. Article 41 bis (2) All violation reports, judicial papers and decisions, summonses issued by the investigator or the court, and judicial judgments shall be served and notified to all persons subject to the provisions of this Law and its Executive Regulations by modern electronic means of service, such as government applications, text messages (SMS), email, fax, or service through the Public Prosecution. Service shall be deemed complete and productive of its legal effects (1) Added pursuant to Decree-Law No. 5 of 2025 Home Page 332 Law Index Traffic Law Decree-Law No. 67 of 1976 concerning Traffic from the date and time of completion of service by any of these means. The Executive Regulations shall regulate the manner of service by this method. If service by those means is not possible, service may be effected in accordance with the rules prescribed in Chapter Two of Part One of the Criminal Procedure and Trials Law. Article 42 (1) The Director General of the General Traffic Department, or his delegate, may administratively withdraw the driving licence, any permit required by the Law or its Executive Regulations, or the vehicle operating licence together with its plates, or all of them, for a maximum period of one hundred and twenty days in the following cases: 1. Commission of any of the acts stipulated in Articles Nos. (33) except item 3) and (33 bis except item (10) and (34, 38) of this Law. 2. A vehicle being caught travelling on the road after withdrawal of its operating licence or its plates. 3. Trucks travelling during prohibited times or while carrying an excessive load. 4. In cases of accidental killing or injury resulting from motor vehicle accidents, the member of the police force who recorded the accident, or the investigator, shall be entitled to retain the driving licence or the vehicle operating licence and refer it to the competent entity within (24) hours) for action in respect thereof, after hearing the statements of the person concerned. In all cases, the period of administrative withdrawal shall end upon issuance of the judgment in the criminal proceedings. If the judgment includes an order to withdraw the driving licence, any permit required by the Law or its Executive Regulations, or the vehicle operating licence or its plates, the period of administrative withdrawal in this case shall not count towards the period specified by the judgment. Article 42 bis (2) Without prejudice to the provisions of Articles (24, 42) of this Law, a traffic violation points system shall be issued by decision of the Minister of Interior, specifying the types of such violations and the manner of withdrawing the driving licence for a period not exceeding one year or withdrawing it permanently and reissuing it after passing the test stipulated in Article (16) of the Traffic Law. The issuance of a judicial conviction or settlement with the accused shall not preclude the application of this system. Part Six General Provisions Article 43 (3) A decision of the Minister of Interior shall specify the conditions and rules for impounding vehicles of all types, their safekeeping, and the costs and expenses of impoundment, as well as the conditions for their sale in the event that they are not collected or the costs or expenses due in respect of them are not paid. By decision of the Minister of Interior, the towing or lifting of a vehicle and its transport to the place designated for impoundment may be entrusted to entities outside the Ministry. He may also agree with these entities on allocating a place for impounding and safeguarding vehicles, all of this in return for