Fitness to drive register

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The German driving aptitude register ( FAER ), until April 30, 2014 central traffic register ( VZR ), colloquially also called traffic offenders register , is kept by the Federal Motor Transport Authority in Flensburg . In accordance with Section 28 of the Road Traffic Act (StVG), it stores data on, among other things

  • Final decisions of the criminal courts on the basis of a criminal offense, which is mentioned in Annex 13 of the Driving License Ordinance (FeV), as far as they recognize a penalty, warning with reservation of punishment or contain a guilty verdict
  • Final decisions of the criminal courts that order the withdrawal of the driving license, an isolated block or a driving ban, as well as decisions of the criminal courts that order the provisional withdrawal of the driving license,
  • legally binding decisions due to an administrative offense according to § 24 , § 24a or § 24c StVG, insofar as it is mentioned in Annex 13 FeV and a fine of at least 60 euros has been imposed on the person concerned or a driving ban has been ordered,
  • Final decisions due to an administrative offense in accordance with Section 10 of the Dangerous Goods Transport Act , as far as it is mentioned in Annex 13 FeV, and
  • certain decisions of the driving license authority according to the driving license regulation.

history

The fitness to drive register goes back to an amendment to the Road Traffic Act of July 16, 1957, which authorized the Federal Minister of Transport, with the consent of the Federal Council, to issue legal provisions and general administrative regulations on the registration of legally binding criminal court decisions of the type mentioned. It began its work under the name Central Traffic Register on January 2, 1958.

There were no administrative offenses in today's sense. Corresponding violations were punished as a violation , that is, as an offense of minor importance. The Law on Administrative Offenses was only created in 1968. In 1974 the offense category of transgression was abolished.

In 1974, the points system still used today ( Section 4 StVG) was introduced, which replaced the previous guidelines for the treatment of multiple offenders from 1961.

Since 1999, decisions on fines have been stored digitally.

As part of the reform of the point system , the central traffic register was renamed the register of fitness to drive on May 1, 2014.

Criminal offenses with a withdrawal of the driving license or with an isolated blocking period, which are named in Appendix 13 to § 40 Driving License Ordinance (FeV), are rated with three points. For the other offenses in Annex 13, two points are approached. The regulatory offenses described in Annex 13 to Section 40 FeV as particularly impairing traffic safety are rated with two points. In the case of the regulatory offenses listed as impairing traffic safety, the points are scored with one point.

Inspection and entries

Number of persons recorded on December 31 of each year from 1995 to 2012

The register of fitness to drive is transparent for citizens. An extract from the register (information on personal points) can be requested free of charge in writing (with a copy of the identity card or passport ) by letter or with a new identity card via the Internet or requested directly on site. Stored data from the register of fitness to drive are available to the courts and public prosecutors, the fine and driving license authorities, the police, customs and the Bundeswehr Center for Motor Vehicles (ZKfWBw). Also at the international level the foreign central driving license register EUCARIS (European Car and Driving License Information System).

In future, the Federal Motor Transport Authority will act as a so-called national inspection body under the Prüm Treaty . The KBA is the authority responsible for recalls in the automotive sector that are based on the Equipment and Product Safety Act .

In 1970 there were around 3,300,000 entries in the central register, in 1982 every fourth motorist was listed in the central traffic register, a total of around 4,850,000 entries (West Germany).

In 1983, the limit for decisions requiring registration was raised to those with a fine of at least DM 80  . Before that, the limit was 40 DM.

In 2006 79.9% of the registered men were men. About 58% of the entries were made due to excessive speed, regardless of gender. According to the frequency, the entries are made for men driving under the influence of alcohol (14.7%), and for women giving right of way (17.4%).

On December 31, 2012, 9.045 million people were recorded in the central traffic register, of which 7.002 million were male.

On January 1, 2017, there were 10,099,895 registered persons in the register of fitness to drive, 76% of which were around 7.68 million male.

Repayment

Entries in the register of fitness to drive are deleted after a certain period in accordance with Section 29 of the Road Traffic Act and deleted after a further waiting period has expired . After the onset of repayment maturity an entry shall not be used for decisions about driving more. Exceptions to this are orders of measures in the context of the driving license on probation and the driving aptitude assessment system .

Repayment period

The repayment periods are staggered depending on the severity of the entry. They amount to

  • Two and a half years for administrative offenses that are entered with a point (Section 29 Paragraph 1 No. 1 StVG)
  • Five years for administrative offenses that are entered with two points; for criminal offenses that did not result in a driver's license being withdrawn; in the case of notifications about participation in a driving aptitude seminar, an advanced seminar, a special advanced seminar or traffic psychological advice and in the event of prohibitions or restrictions on driving a vehicle that does not require a driving license (Section 29 (1) No. 2 StVG)
  • Ten years for criminal offenses that resulted in driver disqualification or isolation; in the event of an official withdrawal of the driver's license and in the event of a waiver of the driver's license (Section 29 Paragraph 1 No. 3 StVG).

Start of period and suspension of start-up

The period begins on the date of legal force of the relevant court decision or the legal validity of the official decision. In the case of advanced seminars, etc., it begins on the day the certificate of attendance is issued (Section 29 (4) StVG). If the driver's license has been withdrawn or waived, the period only begins with the new issue or - if no new license is issued - five years after the withdrawal becomes final or the date of the voluntary waiver (Section 29 (5) StVG). This so-called start-up inhibition means that an entry with driving license revocation can no longer be used after 15 years. For example, because of such an entry, the person concerned no longer needs to have an MPU carried out in order to get his driving license back. The repayment period for a prohibition or restriction on driving a vehicle that does not require a driving license begins only five years after the prohibition or restriction has expired or is lifted.

Expiry inhibition

According to the version of Section 29 (6) StVG, which was valid up to April 30, 2014, entries were only to be deleted if the requirements for deletion had been met for all existing entries, although administrative offenses were generally to be deleted after five years. This so-called expiry inhibition meant that entries from many years ago were often still available in the register. The reform of May 1, 2014 abolished this regulation; the repayment periods for the individual offenses now run independently of one another. For entries up to April 30, 2014, the old law will continue to apply until April 30, 2019 (Section 65 (3) No. 2 StVG), unless the entry is no longer to be saved at all according to the new legal situation. In the latter case, it was deleted on May 1, 2014 (Section 65 Paragraph 3 No. 1 StVG). After April 30, 2019, old entries will be deleted according to the new version of § 29 StVG. The new rules apply to offenses committed before April 30, 2014, but not registered until afterwards (Section 65 Paragraph 3 No. 3 StVG).

Waiting period

The waiting period at the Federal Motor Transport Authority is one year.

Others

In addition to the register of fitness to drive, the Federal Motor Transport Authority also maintains the central register of driving licenses in accordance with § 48 StVG on issued driving licenses, the central vehicle register (ZFZR) and the central control device card register (ZKR).

Web links

Individual evidence

  1. kba.de: 50 Years of Central Traffic Register , p. 3 ( Memento of the original from September 1, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 943 kB), accessed on May 10, 2015  @1@ 2Template: Webachiv / IABot / www.kba.de
  2. Federal Ministry of Transport, Building and Urban Development (Ed.): Verkehr in Numbers 2014/2015. DVV Media Group, Hamburg 2014, ISBN 978-3-87154-516-0 , p. 125.
  3. Waiting period at the Federal Motor Transport Authority , accessed on March 7, 2018.

literature

  • Christian Borzym, The new register of fitness to drive , Road Traffic Law (SVR) 2013, 167