Withdrawal and renewal of the driving license

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The withdrawal and renewal of the driving license refers to the official process of withdrawing the driving license ( Germany ), driving license ( Austria ), driving license ( Switzerland ), which entitles the driver to drive vehicles on public traffic grounds, and later re-granting them. With the withdrawal of the driving license, the authorization to drive motor vehicles expires. A new grant must be requested. The competent authority then checks whether the granting requirements are met.

While the withdrawal of the driver's license is an official procedure, a driver's license is withdrawn due to immediate measures in the event of serious offenses or inability to drive. In the second case, the driver's license can be picked up again and is valid until the withdrawal notice is received.

In Germany - in addition to the temporary driving ban  - the withdrawal of driving authorization is final and subject to both criminal and administrative law . In Austria, the driver's license is also withdrawn due to the rules in the reservation system (“point driver's license”) .

In contrast to driving without a license , driving without a license is a traffic offense . Various forms of retraining and other measures to regain fitness to drive are required for re- issuance .

European Law

The regulations applicable in Europe for the withdrawal and renewal of driving licenses can be found in the 3rd Driving License Directive .

Regulations in Germany

Removal of the driving license

The withdrawal of a driving license is regulated in Germany according to administrative and criminal law. It is associated with far-reaching consequences for the citizens concerned. According to the catalog of measures of the driving license law, the official influences (fines, warnings) should act on those concerned at an early stage and trigger changes in behavior. This also includes the fitness to drive seminar , which, within the framework of the points system, enables those affected to avert the withdrawal of their driving license.

With the expiry of the embargo, some of those affected opt for the supposedly easier route of obtaining a driving license abroad (“ driving license tourism ”). On April 26, 2012, the European Court of Justice ruled that a driver's license issued in another EU country from January 19, 2009 onwards must be recognized in Germany without any further formalities, provided that a possible blocking period is at the time of issue expired and the residence requirements were met.

Advice on driving license problems is unregulated and is not subject to any quality control. Qualified offers from specialist traffic psychologists and traffic psychological consultants compete in Germany with services from a wide variety of professional groups ( driving instructors , social pedagogues , traffic pedagogical consultants, addiction advisors , lawyers ). There are no binding regulations on qualification requirements, consumer protection and goals of career counseling ( e.g. roadworthiness as the primary goal of counseling ). Some providers concentrate on making it easier for those affected to pass the medical-psychological examination (MPU) ordered by the driving license authority without a learning process occurring. The quality assurance of the advice is the responsibility of the consultant on his own initiative.

Provisional withdrawal of the driver's license

Since it can take a long time from the offense to the judgment, Section 111a (1) of the Code of Criminal Procedure offers the possibility of provisionally withdrawing the driver's license during the preliminary investigation. The prerequisite for this is that there are urgent reasons to believe that the driver's license will finally be withdrawn in the later judgment. The investigating judge is responsible for the provisional withdrawal of the driver's license .

Legal action

The withdrawal of the driving license is

In contrast to a driving ban , which only includes a one to three-month ban on driving motor vehicles, the withdrawal leads to an initially final state ( Section 3 of the Road Traffic Act ). Even after a possible ban (see below) has expired, the driver's license is not automatically re-issued, but must be applied for again by the person concerned. The regulations are intended to protect the safety of road traffic from unsuitable and thus potentially dangerous participants.

Anyone who drives a motor vehicle in spite of a revoked driving license is committing a criminal offense according to § 21 Abs. 1 StVG ( driving without a driving license ). The act can also be committed negligently (Paragraph 2 No. 1). The vehicle owner is also liable to prosecution for allowing someone to drive his vehicle without a driver's license (Paragraph 1 No. 2).

Administrative law

According to Section 3 Paragraph 1 Clause 1 of the Road Traffic Act, the driving license authority must withdraw the driver's license from anyone who proves to be unsuitable or incapable of driving a motor vehicle. The qualification is based on Section 2 (5) StVG. The inappropriateness is not defined by law (see, also driving ability ). The legislator formulates in Section 2 (4) StVG: "Those who meet the necessary physical and mental requirements and who have not significantly or not repeatedly violated traffic regulations or criminal laws are suitable for driving vehicles." The basis for assuming any unsuitability are the physical, mental and character traits of the person concerned; however, the term “character suitability” is technically controversial.

Examples of circumstances that can lead to unsuitability are:

physical defects:

mental defects:

character defects:

  • significant / repeated violations of traffic regulations or criminal laws
  • particularly severe emotional imbalance
  • constant affective tension
  • Drunk driving (see below)
  • Drug influence or addiction

Another reason for a withdrawal of the driving license is the exceeding of the 8-point mark in the register of fitness to drive ( § 4 Abs. 5 Satz 1 Nr. 3 StVG).

With the legal force of the administrative act of the driving license authority or the judgment of a court , the withdrawal of the driving license is effective, if not even the immediate enforcement according to § 80 Abs. 2 Satz 1 Nr. 4 VwGO is ordered. The driver's license must then be handed over to the driving license authority or, in the case of a foreign driving license concerned, submitted for the decision to be entered ( Section 3 (2) sentence 2 StVG). If necessary, this can be enforced by forcible removal or a penalty payment or detention . As long as criminal proceedings are pending against the holder of the driving license , in which the withdrawal of the driving license according to § 69 StGB (see below) comes into consideration, the driving license authority may not consider the facts that are the subject of the criminal proceedings in a withdrawal proceedings ( § 3 para . 3 StVG). The authority receives information on initiating proceedings from the police, the Flensburg Federal Motor Transport Authority , the examiner during the driving test, the judicial authorities or other offices, sometimes also from private sources.

If the driving license authority becomes aware of facts that give rise to concerns that the holder of a driving license is suitable for driving a motor vehicle, it can issue an assessment order to the person concerned in preparation for a decision on the withdrawal of the driving license. However, the arrangement must be proportionate, i.e. H. Often only the requirement for a medical opinion is justified before a medical-psychological examination. If the person concerned refuses to be examined, or if he does not provide the driving license authorities with the required report on time, they may conclude that the person concerned is unsuitable when making their decision. If you take hard drugs, your driving license can be withdrawn immediately without an expert opinion. When taking cannabis, initially only the requirement of a specialist medical opinion to explain the consumption habits of the person concerned is justified. If regular consumption or a dependency is then determined, the driving license is withdrawn immediately. In the case of occasional consumption, a medical-psychological assessment is usually ordered. If medical cannabis has been prescribed, driving may be permitted in exceptional cases.

The seizure of the driver's license is an administrative act that can be contested with the legal remedy of objection and then through administrative legal channels.

Criminal law

Under the requirements of Section 69 of the Criminal Code, a criminal's license must be withdrawn by the criminal court. It is the most frequently imposed measure of reform and security. The prerequisite is the conviction because of an unlawful criminal act or the non- conviction because of a culpability that was committed in connection with driving a motor vehicle and the unsuitability for driving a motor vehicle, which must result from the act . The unsuitability must be established; in case of doubt, the measure may not be imposed. Its definition essentially corresponds to that in administrative law, since according to the prevailing view , the withdrawal of the driving license according to § 69 StGB is solely intended to protect road safety as a preventive measure.

The unsuitability must result from the cause, that is, there must be an indicative connection between them. With regard to the - often affected - character unsuitability, the Grand Senate of the Federal Court of Justice recently stated in its decision :

Section 69 of the Criminal Code aims to protect road traffic safety. The criminal court's withdrawal of the driver's license due to unsuitable character in the case of acts in connection with the driving of a motor vehicle ( Section 69 (1), first sentence, variant 2 of the Criminal Code) therefore requires that the offense allows reasonable conclusions to be drawn that the perpetrator is willing to protect the Subordinate road traffic to one's own criminal interests.

In professional circles and the general public, it was also discussed whether driving license revocation can also be imposed in the case of crimes that are not related to road traffic, as this is often seen as more effective than other threats of punishment. However, such approaches have so far not been successful.

In the case of traffic-specific acts, unsuitability is often obvious. In Section 69 (2) of the Criminal Code, the law therefore specifies four unlawful acts, which as a rule are to be assumed to be unsuitable for the person concerned. The withdrawal of the driving license according to § 69 StGB can only be omitted in these acts in exceptional cases, which can be positively determined in the judgment. The acts concerned are

If the court has withdrawn the driver's license in accordance with Section 69 of the Criminal Code, it must at the same time determine a suspension of six months to five years, during which the person concerned may not be granted a new driver's license ( Section 69a (1) sentence 1 of the Criminal Code). In extreme cases, a lifelong ban can be ordered (sentence 2). If the person concerned does not have a driving license that could be withdrawn, an isolated ban is ordered (sentence 3).

To avoid undue hardships , according to Section 69a (2) of the Criminal Code excludes certain types of motor vehicle. This refers to individual driving license classes, but also vehicles with a specific objective-constructive purpose ( e.g. fire extinguishers or road patrol vehicles of the automobile clubs ). This exception comes into consideration in particular if the person concerned would otherwise get into existential hardship.

The ban begins when the judgment becomes final ( Section 69a (5) StGB). According to Paragraph 7, it can be lifted prematurely by a court order if the person concerned can prove that he is again suitable for driving vehicles (for example by participating in a follow-up training measure ).

New driving license issued

If the driving license has been withdrawn by the criminal court or by the driving license authority according to the point system, you must first wait for the judicial or statutory blocking period to expire. Since January 16, 2009, taking a driving test is only required in cases in which there are facts that justify the assumption that the applicant no longer has the required knowledge and skills, Section 20 (2) FeV . Therefore, in cases in which a new MPU would be necessary for the re-issue, after the expiry of the repayment period ( Section 29 StVG ) and a correctly submitted application for a new driving license, the driving license can be issued without a medical-psychological report and, under certain circumstances, without having to take another Driving test will be issued again. The court-ordered blocking period can be shortened. If less than 15 years have passed since the withdrawal or refusal of the driving license or a failed MPU, the driving license authority will order a medical-psychological report before the new driving license is issued.

Renewal of the driving license with a disability-friendly converted vehicle

In the event that a driver's license holder needs special modifications to the vehicle after illness or an accident with remaining physical impairment , it is advisable to report to the driver's license office with a subsequent check and entry of the vehicle adaptations in the driver's license. This officially proves the ability to drive a vehicle and the adequate precaution required according to § 2 FeV .

Foreign driving license

If the person concerned only has a foreign driving license that allows him to drive a motor vehicle in Germany without having been granted a driving license by a German authority, this cannot be withdrawn. In this case, the withdrawal of the driving license in accordance with Section 69b (1) StGB results in the person concerned losing the right to use the driving license in Germany (so-called prohibition of use ). Driving licenses of the institutions named in Paragraph 2 will be confiscated and returned to the issuing body; The withdrawal of the driver's license and the ban are entered in all other driving licenses. (see also driving license tourism ).

Courses according to § 70 FeV

Fitness to drive can be restored by taking part in a course in accordance with Section 70 FeV . To access a course according to In order to obtain Section 70 FeV, however, it is necessary that the experts have recommended this course for restoring fitness to drive during the medical-psychological examination and that the driving license authority agrees to this recommendation. The driver's license will be re-issued after the course certificate has been submitted to the driving license authorities without a new examination.

Regulations in Austria

Removal of driving license and withdrawal of driving license

In the cases listed below, the police can immediately remove the driver's license as a security measure. In addition, after completing a formal procedure, the authority can withdraw the driving license for particularly serious violations of traffic regulations listed in the law or for health reasons. This means that any driver's license that may still be in existence automatically loses its validity.

Reservation system

Catalog of offenses

After years of discussions about the withdrawal of the driving license of drivers who commit serious offenses in road traffic several times in a short period of time, a "reservation system" was introduced on July 1, 2005. The aim of this system is to increase road safety, in particular to reduce the number of traffic victims.

  1. Drunk driving or starting of motor vehicles from 0.5 ‰ and below 0.8 ‰ blood alcohol content.
  2. Drunk driving or putting into operation of class C motor vehicles (with more than 7.5 t maximum permissible total mass) over 0.1 ‰ and below 0.5 ‰ blood alcohol content.
  3. Drunk driving or starting up class D vehicles over 0.1 ‰ and below 0.5 ‰ blood alcohol content
  4. the endangerment of pedestrians who use regulated or unregulated protective routes properly.
  5. Failure to comply with the safety distance when driving behind each other in the following form: time safety distance of 0.2 seconds or more, but less than 0.4 seconds, if this distance was determined with a technical measuring device.
  6. Causing a traffic accident by committing a violation of priority if a stop sign was disregarded and the drivers of other vehicles were forced to suddenly brake or distract.
  7. when driving over a red traffic light system , if this forces the drivers of other vehicles to which the green light is shown to suddenly brake or swerve.
  8. Driving on the breakdown lane with multi-lane motor vehicles on motorways if emergency vehicles , vehicles of the road service, the road supervisor or the breakdown service are obstructed.
  9. Disregard of a driving ban announced by traffic signs for vehicles with dangerous goods in tunnels .
  10. Disregard of the transport regulations for dangerous goods in motorway tunnels (so-called "Tunnel Ordinance").
  11. If an attempt is made to translate the level crossing at level crossings , although depending on the situation of the road traffic (for example, a traffic jam), it may be necessary to stop at the level crossing; or spaces delimited by closed barriers are entered or the yellow or red light or acoustic signals are ignored at level crossings that are secured by traffic lights.
  12. Driving a vehicle whose technical condition or unsecured cargo poses a risk to road safety if the driver should have noticed the defect before starting the journey.
  13. Violations of the provisions on the secure transport of children under 14 years of age or a height of less than 150 cm for motor vehicles and motor tricycles (exact wording: see §§ 106 1a and 1b KFG 1967).

Catalog of sanctions, deletion of the reservation

  • If one of the 13 offenses is committed, a note is made in the central driver's license register - regardless of the fines provided for it . If two or more offenses are committed at the same time (example: driving under the influence of alcohol and simultaneously unsecured transport of a child), a measure is ordered immediately. However, the driver's license will only be withdrawn after a further violation.
  • If a second offense is added to the catalog within two years, the authorities will order a “special measure”.
  • If a third offense is removed from the catalog within two years, the driving license will be withdrawn for at least three months. All reservations will be removed from the driver's license register. Each reservation takes effect for two years from the date of violation and is then automatically deleted from the central driver's license register.

Special measures in the case of offenses against prior notice

Depending on the offense, the following "special measures" can be ordered by the authorities:

Reasons for a withdrawal of driving license

Offenses and penalties

  • Drunk driving or starting of motor vehicles with a blood alcohol content of 0.50 ‰ to 0.79 ‰ or 0.25 mg / l to 0.39 mg / l breath alcohol content (no withdrawal the first time; penalty: € 218 to € 3633)
  • Drunk driving or starting of motor vehicles with a blood alcohol content of 0.80 ‰ to 1.19 ‰ or 0.40 mg / l to 0.59 mg / l breath alcohol content (withdrawal period: at least one month; penalty: € 800 to € 3700)
  • Driving under the influence of alcohol or starting up motor vehicles with a blood alcohol content of 1.20 ‰ to 1.59 ‰ or 0.60 mg / l to 0.79 mg / l breath alcohol content (withdrawal period: at least four months; arrangement of follow-up training; penalty: € 1200 to € 4400 )
  • Driving under the influence of alcohol or using motor vehicles with a breath alcohol content of more than 1.60 ‰ or 0.80 mg / l (withdrawal period: at least six months; arrangement of follow-up training; medical examination and traffic psychological report for re-issuance; penalty: € 1,600 to € 5,900)
  • Refusal of the examination of the breath for alcohol content, blood sample or presentation for a clinical examination (withdrawal period: at least six months; order of follow-up training; medical examination and traffic psychological report for re-granting; penalty: € 1,600 to € 5,900)
  • Exceeding the highest permissible driving speed by more than 40 km / h in the local area or by more than 50 km / h outside the local area (withdrawal period: two weeks; penalty: up to 2180 €)
  • Exceeding a speed of 180 km / h (withdrawal period: at least three months; penalty: up to € 2180)
  • Driving against the direction of travel, reversing, reversing or stopping or parking on the lane of a motorway (withdrawal period when driving against the direction of travel: at least three months; penalty: € 36 to € 2180)
  • Driving a motor vehicle in the way that particularly dangerous conditions or particular recklessness exist (withdrawal period: at least three months; penalty: € 36 to € 2180)
  • Hit-and-run or failure to provide assistance after a self-inflicted accident with personal injury (withdrawal period: at least three months; penalty: € 36 to € 2180)
  • Repeatedly committing an alcohol offense (specifically: driving under alcohol or using vehicles with 0.5 ‰ to 0.79 ‰ or 0.25 mg / l to 0.39 mg / l breath alcohol content) within a period of twelve months (withdrawal duration: at least three Weeks (second offense) at least four weeks (third offense); penalty: € 218 to € 3633) and usually an order to submit a medical / psychological report!

In addition, the commission of specifically named crimes can trigger the withdrawal of driving authorization.

Health reasons

The authority has to withdraw the driving license if someone can no longer drive a motor vehicle safely due to serious illnesses or if there is a fear of impaired consciousness, or if he suffers from serious mental illnesses or alcohol dependence or other dependencies that are dangerous for driving motor vehicles or from eye diseases.

Trial driver's license

Stricter regulations

There are particularly strict regulations for test license holders. The test driver's license is limited to three years for novice drivers, but for L-17 drivers at least up to the age of 21.

In the event of the following serious violations, the authorities must immediately order follow-up training:

  • Hit and run
  • Driving against the permitted direction of travel
  • Overtaking in dangerous circumstances
  • Failure to overtake bans
  • Priority violation
  • Driving over "Halt" signs at regulated intersections
  • Driving in the wrong direction of travel on motorways
  • Exceeding the highest permissible driving speed by more than 20 km / h in the local area or by more than 40 km / h on open-air roads
  • Telephoning without using a speakerphone
  • (Gross) negligent homicide or negligent bodily harm while driving a motor vehicle
  • Driving under alcohol or using vehicles with a blood alcohol content of 0.10 ‰ or more or 0.05 mg / l breath alcohol content
  • Consumption of alcohol while driving or during a break in the journey

When a follow-up training is ordered, the probationary period is extended by another year or a new probationary period of one year begins if the probationary period has expired in the time between the offense and the re-training being ordered.

If the test driver's license holder commits another serious infringement within the third extension of the probationary period, the authorities must clarify whether they are fit for health and order a traffic psychological examination or, if necessary, withdraw their driving license.

literature

  • Peter Hentschel, Carsten Krumm: Driving license and alcohol in criminal and administrative offense law . 5th edition (heavily revised). Nomos, 2009, ISBN 978-3-8329-4477-3 .
  • Carsten Krumm : Driving license gone - what now? Criminal proceedings, fine proceedings, withdrawal of the driving license, driving ban, re-issuance . 2nd Edition. Beck im dtv, 2010, ISBN 978-3-423-50698-4 .

Individual evidence

  1. ↑ Directive 2006/126 / EC of the European Parliament and of the Council of December 20, 2006 on driving licenses (new version) .
  2. ↑ see European Court of Justice , judgment of April 26, 2012, Az. C-419/10 .
  3. ↑ verkehrsfit.de Insufficient quality assurance of the MPU advice.
  4. ↑ driver's license. Retrieved August 26, 2015 .
  5. ↑ Lothar Klein: Cannabis at the wheel legal. Retrieved July 19, 2016 .
  6. ^ BGH, decision of April 27, 2005 (PDF; 57 kB), Az.GSSt 2/04, full text
  7. ↑ cf. Pießkalla, Leitgeb , driving license revocation according to § 69 Abs. 1 Satz 1 2nd alt. StGB also for "non-traffic-specific" crimes ?, in: NZV 2006, 185 ff.
  8. ↑ Second regulation amending the driving license regulation of 7 January 2009 ( Federal Law Gazette I p. 27 ).
  9. ↑ Legal basis: § 99 StVO ; § 26 and § 37a FSG; ÖAMTC.
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