Article 46 of the Saudi Traffic Law
المادة 46 من نظام المرور · الباب الرابع: رخص القيادة
The article prohibits holding a driving license with others and also prohibits pledging it or taking it as a pledge, so a license may not be used as security for any obligation.
Official text (Arabic)
This article has not been amended since the law was issued.
يحظر حجز رخصة القيادة لدى الغير، أو رهنها، أو ارتهانها.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 46 explained in plain English
This article expressly prohibits three acts concerning a driving license:
- Holding it with others: that is, a person's driving license being kept in the hands of another person or entity.
- Pledging it: that is, the license holder handing their license to someone else as security for a debt or obligation.
- Taking it as a pledge: that is, a person agreeing to take someone else's license as security.
This means the prohibition covers both parties: the one who hands over their license as a pledge, and the one who receives or holds it. The article mentions no exception to this prohibition; it is general in its use of the word "others". A driving license is an official personal document proving that its holder is licensed to drive; it is not property that can be used as security or as a means of pressure.
Among the related articles, Article 45 regulates issuing a replacement for lost or damaged driving licenses after paying the prescribed fees and any outstanding fines, while Article 47 permits establishing or operating schools for teaching vehicle driving and practicing the profession of driving instruction as set by the Implementing Regulations.
This article itself does not state the penalty for a violation, so the other provisions of the law should be consulted on that. If your license is being held by someone who refuses to return it, you can consult a lawyer specializing in traffic cases to learn the appropriate route.
Practical example
Saeed borrowed an amount of money from a friend in Dammam, and the friend asked to keep Saeed's driving license until he repays the debt. This arrangement falls under what is prohibited by this article: Saeed may not pledge his license, and his friend may not take it as a pledge or hold it.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
How we write and review contentA question about Article 46 of Traffic Law?
Describe what happened and specialist lawyers answer. You can write in English.
- Completely free
- Lawyers from the directory answer
- Your name stays hidden
General Practice lawyers: ask a specialist about your case
Describe your situation briefly and we'll suggest a lawyer who specialises in this law
General Practice lawyers
Lawyers who handle this kind of case
Ali Al-Rubaie Law Office
Khalid Abdulrahman Al-Hajlah Law and Arbitration Office
Frequently asked questions about Article 46 of the Saudi Traffic Law
Can an employer hold a driving license?
The article prohibits holding a driving license with others and mentions no exception, so the prohibition covers any person or entity other than the license holder.
Can a license be left as a pledge against a debt?
No. The article prohibits pledging a driving license and taking it as a pledge, so it may not be handed over as security or accepted as security.
What is the difference between pledging and taking as a pledge in this article?
Pledging is the license holder handing over their license as security, and taking as a pledge is the other party accepting it as security; both are prohibited.
More articles on Driving License
- Article 32
The article bans anyone from driving any vehicle before obtaining the necessary driving license in accordance with the Traffic Law and its Regulations.
يحظر على أي شخص قيادة أي مركبة قبل الحصول على رخصة القيادة اللازمة وفقا لأحكام هذا النظام ولائحته.
- Article 33
The article requires the driver to carry a valid driving license when driving a vehicle, lets a security officer ask to see it, and bars him from retaining it.
يجب على السائق أن يحمل رخصة قيادة سارية المفعول عند قيادته للمركبة، ولرجل الأمن حق طلب إبرازها للاطلاع عليها، وليس له حجزها.
- Article 34
The article bars the holder of a license to drive military vehicles from driving civilian vehicles until he obtains a driving license from the competent department.
لا يجوز لحامل رخصة قيادة المركبات العسكرية قيادة المركبات المدنية إلا بعد الحصول على رخصة قيادة من الإدارة المختصة .
- Article 35
The article divides driving licenses into four types: private, public, public works vehicles and motorcycles, and refers the setting of their categories and specifications to the Regulations.
تنقسم رخص القيادة إلى: 1 - رخصة قيادة خاصة . 2 - رخصة قيادة عامة . 3 - رخصة قيادة مركبات أشغال عامة . 4 - رخصة قيادة دراجة آلية . وتحدد اللائحة فئات هذه الرخص و
- Article 37
The article exempts the holder of a foreign or international driving license, recognized by the competent department in the Kingdom and valid, from the driving test condition in paragraph (7) of Article 36.
يعفى من شرط الاختبار الوارد في الفقرة (7) من المادة (السادسة والثلاثين) من هذا النظام، من يحمل رخصة قيادة أجنبية أو دولية معترف بها من الإدارة المختصة في المملك
- Article 39
The article allows, as an exception to paragraph (1) of Article 36 and under controls set by the Regulations, a temporary license of no more than one year for those who have reached age 17.
استثناء من الفقرة (1) من المادة (السادسة والثلاثين) من هذا النظام، يجوز - وفق ضوابط تحددها اللائحة - منح ترخيص مؤقت لا تزيد مدته على سنة لمن أتم سن السابعة عشرة
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.