Driving without a license
The driving without a license in Germany a traffic offense according to § 21 Road Traffic Act , which is realized when the driver does not hold a required license or driving the vehicle after it § 44 of the Criminal Code or § 25 is prohibited StVG. The act is punished with imprisonment for up to one year or a fine. In certain cases, such as negligence or a confiscated driver's license, the prison sentence is limited to 6 months and the fine to 180 daily rates.
Offenses
Driving without a license is given if the driver drives a vehicle that requires a license and
- he has not yet been granted a valid driving license for such vehicles or
- the corresponding driving license class has expired by the expiry of the deadline or
- a foreign driving license was not converted in time or
- the driving license is legally revoked or
- a temporary driving ban has been imposed.
It is not about driving without a driver's license , where the driver simply does not have his driver's license document with him.
It includes driving vehicles that require a driving license on public roads . If a driving ban is violated, however, all vehicles are also included (e.g. moped).
Anyone who, as the owner of a motor vehicle, knows that the driver does not have a driver's license, tolerates the driver driving the vehicle, is liable to prosecution under Section 21 (1) of the Road Traffic Act. Errors are absorbed by negligence according to § 21 Abs. 2 StVG. Anyone who drives with an insured, uncoated moped without being in possession of the possibly necessary moped test certificate (only people born after April 1, 1965) only commits an administrative offense costing 20 euros ( Section 5 Para. 1, § 75 FeV; § 24 StVG; No. 168 BKat) is punished.
The attempt is not punishable.
Continue
As a measure of improvement and security , an isolated ban on the driver's license can be imposed in accordance with § 69 , § 69a StGB if the offender has proven to be unsuitable for driving motor vehicles as a result of the offense. According to Section 69a of the Criminal Code, the ban is at least six months. Withdrawal of the driving license is not possible here, unless it has been acquired in the meantime or the perpetrator is in possession of a different driving license class that was insufficient for the vehicle being driven at the time of the act. The latter is z. This is the case, for example, when a young person owns class M but has modified his vehicle in such a way that he should have had class A.
In addition, the vehicle used in the act can in certain cases (for example if the driver's license is withdrawn) according to Section 21 (3) of the StVG may be withdrawn without replacement if convicted. The court then pronounces this legal consequence in the judgment alongside the main penalty. The legal basis for the confiscation is § 111b ff. StPO .
Jurisprudence
The established case law considers it the duty of the vehicle owner to inspect a person's driver's license if the vehicle is to be used by the person on public transport .
literature
- Peter Hentschel: Road Traffic Law. Commentary , 40th edition, Beck, Munich 2009, ISBN 978-3-406-58082-6 [as an example of a whole series of commentaries on road traffic law]
