Kosovo Police has announced that it cannot physically hold a driver’s license for more than eight days, following a Supreme Court ruling that struck down the provision allowing it to do so.
Documents held beyond that period will be returned to citizens, police clarified. However, getting a license back does not automatically restore the right to drive.
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According to police, measures prohibiting driving remain in force even after the physical document has been returned to its owner. Drivers who get behind the wheel during a ban may face the penalties prescribed by law.
Lawyer Tomë Gashi believes enforcement could become more complicated in practice, since a person may have their driver’s license in their possession but still not be allowed to drive.
He said Kosovo Police has always complied with court decisions and must continue to do so. According to Gashi, the Supreme Court of the Republic of Kosovo previously clarified how police should act when driver’s licenses are confiscated for certain offenses for which physical seizure of the document is prescribed.
Gashi said the issue does not end with the return of the license: officers must then check whether a driving ban remains in force against the driver.
He said someone who needs, wants or has the opportunity to drive might assume that, if stopped, officers will not check whether a ban is in place. The effect of the measure remains the same, he said: police will return the person’s driver’s license within eight days, but the ban will still apply. Gashi believes this adds a complication because officers must check whether each person they stop is subject to a ban.
The lawyer stressed the importance of checking for such measures during traffic stops, as possession of the document does not change a legal prohibition on driving.
He considers the return of a driver’s license logical only in the physical sense, allowing a person to have and keep the document. Gashi said it is a matter of human nature whether someone will drive despite knowing they are banned, and he believes most people will use their licenses as though no ban existed.
Traffic expert Bekim Ahmeti also stressed that the Supreme Court ruling does not lift driving bans, even though it strikes down the provision allowing licenses to be held. He warned that citizens could be left confused if the decision is not explained clearly enough.
According to Ahmeti, a driver may carry a license without having the right to drive. He called on the institutions, or those who made the decision, to clarify the issue further.
The expert believes the ruling does not necessarily undermine road safety as long as police continue to conduct checks and verify restrictions through electronic systems.
Ahmeti warned that the ruling could have an impact if drivers misinterpret it. In most cases, he said, citizens become judges of their own conduct and interpret laws as they wish.
He added that regular checks and enforcement of the law are the main factors in preventing offenses. Having a license in one’s pocket, he said, does not mean a person may drive if they have violated traffic laws or committed an offense. Road safety, Ahmeti stressed, is ensured by respecting and enforcing the law.
KosovaPress sought clarification from Kosovo Police on how the Supreme Court ruling will be implemented, but police referred it to the statement they had published on the matter.
