The medical-psychological examination (abbreviated: MPU ) assesses the applicant's fitness to drive in Germany . Popularly associated with the disparaging term idiot test , the legal designation is assessment of fitness to drive (corresponding to: assessment body for fitness to drive ).
The MPU has existed in Germany since 1954 . It provides a prognosis for the applicant's roadworthiness and serves as an aid for the driving license authorities to prepare the decision on the revocation and renewal of the driving license . The legal measures in the context of the driver's license system are an important element for improving road safety (lowering the number of accident victims - fatalities and injuries), with which Germany is also very successful in a European comparison. In other European countries, instead of professionally justified individual cases, substantial penalties for serious traffic crimes or frequent violations are common. However, the amount of the fine has no demonstrable connection with the future risk of an accident. What is important, however, is an open discussion of the causes and stable changes in attitude and behavior.
Concept of fitness to drive
The concept of fitness to drive includes physical fitness, mental fitness (e.g. ability to react ) and personality traits such as personal reliability. Fitness to drive is an indefinite legal term . In terms of the legal system, checking the fitness to drive is a real act (see also simple sovereign administration ).
Alternatively, the term mobility competence is discussed, which emphasizes the aspect of behavioral development. Traffic psychologists define mobility competence as the totality of enduring physical, mental and behavioral or attitude-related requirements of a driver for the safe and cooperative driving of vehicles.
Task of the MPU
An MPU report provides a prognosis of the client's traffic performance, i.e. a probability statement based on facts and experience about the development of behavior in the future. The facts are documented in the fitness to drive register and in the driver's license file. The prognosis is always favorable (= "positive" report) if the doubts of the driving license authorities can be dispelled by the traffic medical and traffic psychological findings, i.e. there are verifiable indications of stable changes in behavior and attitudes.
Before deciding whether to issue a new driver's license, the competent authority checks whether the report is understandable. The formal and content-related standards must be met (consistency, logical order, scientific verifiability, compliance with legal requirements and the assessment guidelines and assessment criteria for suitability for driving). If there are justified doubts about the objectivity or if these standards are not observed, an expert opinion can be rejected by the driving license authority. This hardly ever happens in practice.
The quality of the MPU reports and the working methods of the MPU bodies are also checked by the assessment body for driving licenses of the Federal Highway Research Institute (BASt) (see section on quality assurance by BASt ).
An MPU report can also be requested from people who do not have a driving license if they have been noticed with a bicycle in traffic with a blood alcohol concentration of 1.6 per thousand or more. Otherwise there is a threat of a ban on driving vehicles (bicycles and mopeds) that do not require a driving license. This practice is currently regarded as lawful, after courts had already assessed it as inadmissible in the past.
Serious offers of help
Since July 2013, BASt itself has been offering information about the MPU and options for serious preparation / advice on its website and gives specific recommendations for the selection of suitable consultants. This was triggered by efforts by the Federal Ministry of Transport under Transport Minister Ramsauer to create more transparency in connection with the MPU.
Information events in front of the MPU are predominantly offered by institutions that provide advice in advance or the MPU itself (assessment bodies for fitness to drive, BfF, also MPU body ). The general process is explained and the success criteria are named, as well as questions of confidentiality and confidentiality towards third parties (such as employees of the driving license authority, relatives or traffic lawyers ). There are also instructions on how to behave and general advice, such as the advice that a (negative) report does not have to be submitted to the driver's license office (the client is in charge of the procedure, the MPU office is subject to strict confidentiality).
The competent MPU offices are denied individual advice on suitability to drive and concrete recommendations for individual measures due to legal regulations (neutrality). Due to their task profile and lack of professional competence, driver license offices are usually not allowed to provide advice on suitability to drive.
Various consultants and coaches, who mostly try to recruit customers via the Internet, find their way into this loophole created by the legislator. MPU preparation and MPU advice can be undertaken by anyone in Germany who considers himself competent. Therefore, in addition to those previously affected and driving instructors , numerous other professional groups also see themselves authorized to offer MPU preparation courses that are subject to a fee. There are neither uniform professional standards nor legally regulated quality controls or requirements for the qualification and further training of MPU preparers. This is exactly what has been required by lawmakers for years in the interests of consumer protection and to improve the reputation of the field of work .
Traffic psychological advice on fitness to drive
Traffic psychological advice on driving aptitude prior to an MPU is carried out by specialist traffic psychologists or traffic psychological advisors. The aim of the consultation is to use the time of the driver's license ban in a sensible way to prepare for the MPU and to restore fitness to drive on a permanent basis. It therefore aims beyond the point in time when the new driver's license is issued. Recognized traffic psychological consultants and specialist psychologists for traffic psychology are subject to strict training obligations. "A serious and competent advisor or traffic therapist is a graduate psychologist, has completed training in traffic psychology and continues to train regularly".
Criteria for serious forms of advice
- Free initial talks to get to know each other
- Transparent and understandable proof of qualification (usually a psychology diploma)
- Cost and service transparency, especially with package offers
- No advertising with success rates (the "success" is not the passing of the MPU, but the long-term receipt of the driver's license)
- No guarantees (money-back guarantee: if the MPU turns out negative, the price will be refunded). Such guarantees are usually financed through highly inflated prices. Business conduct is obscure and emergencies are exploited
- Consistent personal separation of advice and assessment
- No processing via cash benefits (with rare justified exceptions)
- Serious advertising appearances. Consistent avoidance of the disparaging term "idiot test"
- No advice in private rooms or hotels
- Controls (quality assurance) by neutral bodies
- No simultaneous brokering of loans to finance the MPU and the preparatory measures
- Realistic prices
For a consultation hour with academically trained traffic psychologists, depending on the qualification and location of the driving aptitude consultation, between 80 and 150 euros are to be set. Offers from qualified psychologists are more in the upper range, offers from driving schools or non-academic psychological advisors tend to be in the lower range. The hourly rates of psychologists are mostly based on hourly rates for privately billed psychotherapies. MPU consultations in metropolitan areas are usually more expensive than in rural areas.
Shortening of the blocking period
New efforts are being made to shorten the embargo period in certain cases (usually by one to two months). However, this is only possible under certain conditions, for example when driving for the first time under the influence of alcohol with a blood alcohol concentration below two per thousand. The decision is made by the competent judge. As a rule, an early intervention (e.g. traffic psychological therapy ) is required during the embargo period.
Traffic psychological advice according to § 71 FeV
The " traffic psychological advice according to FeV " is regulated by the ordinance right down to the details of recognition and implementation. As a “measure with legal consequences”, it serves exclusively to inform holders of a probationary driving license who have been noticed because of administrative offenses and / or traffic offenses about the causes of the traffic anomalies and to show ways to more appropriate behavior in road traffic. It is thus part of the state's administrative action.
Business is done with fear of the MPU. Various dubious offers are supposed to take advantage of the plight of those affected (keywords: EU driving license , telephone rip-off with 0900 numbers).
The Professional Association of German Psychologists e. V. (BDP) detailed information on consumer protection. The professional association refers to objective and helpful advice literature on the MPU and keeps a register of all officially recognized MPU offices and traffic psychological advisors in Germany.
There is help for self-help in independent internet forums , which are often run and moderated by those affected. They present their personal problems and experiences publicly and exchange information and tips, for example through particularly customer-friendly and technically competent examination centers. It is often argued that in the end it doesn't matter where you go, the criteria are the same anyway. However, there are also clear differences in customer service and employee engagement.
In some forums, traffic psychologists get involved and give specific advice (see the notes on consumer protection). Personal advice from those affected who have already had an MPU can also help to decide on how to proceed. However, there are no quality criteria.
Quality assurance by the assessment office for driving licenses
The 16 officially recognized bodies of assessment bodies for driving aptitude in Germany are subject to regular assessments by the "Assessment Agency for Driving Licenses" at the Federal Highway Research Institute (BASt) - former designation: Accreditation Body for Driving Licenses (Federal Law Gazette 23 April 2014). The Federal Agency checks whether the standards laid down in the guideline on the requirements for providers of assessment bodies and their assessment by the Federal Highway Research Institute (VkBl. Pp. 110-120 of January 27, 2014) are being observed.
The guideline comprises approx. 85 regulation points, concerning (a) the assessment procedure of the BASt with regular assessments and the regular assessment review and (b) the quality management of the bodies of the assessment bodies for driving suitability, their personnel, spatial and material equipment and the implementation of the MPU assessments . The conduct of the medical-psychological examination and the preparation of the reports are regulated in detail in the guideline and are largely standardized (structure of the reports, archiving, confidentiality, assessment criteria, etc.). Reports from the officially recognized assessment bodies are generally accepted by driving license authorities throughout Germany. In individual cases, it is up to the responsible driving license authority to decide whether a submitted medical-psychological or medical report can be used for the pending decision.
The regulations of the guideline only apply to the assessment bodies for fitness to drive (MPU bodies). There are no comparable regulations and conformity tests for the medical reports that are increasingly being ordered in matters relating to driving licenses.
Assessments by BASt can be carried out unannounced. The results are documented in the form of expert reports and sent to the sponsors and the state authorities responsible for official recognition. Special regulations apply to new sponsors of assessment bodies for fitness to drive.
The assessment by the BASt only creates the prerequisite for the granting or maintenance of the official recognition of the supporting organizations by the competent bodies of the federal states (FeV). It does not entitle you to take up work as an assessment body for fitness to drive. Official recognition of the carriers is carried out by the competent supervisory authorities of the federal states on the basis of the BASt assessment. It can be linked to conditions. Assessments "for special occasions" are also possible without prior notification at the request of the responsible state authorities. In serious cases, the official recognition for a federal state can be withdrawn without consulting the BASt.
Of the originally more than 20 providers of assessment bodies for fitness to drive, some have since left - be it due to a lack of required proof of qualification or for other reasons. The following organizations are currently officially recognized by state authorities and authorized to operate assessment bodies in the respective federal states.
|Officially recognized providers of assessment bodies for fitness to drive in Germany
(As of April 2015)
|Date of initial accreditation Initial
assessment (from 2014)
|TÜV SÜD Life Service GmbH||December 21, 1999|
|Society for work, traffic and environmental safety mbH / AVUS||08/01/2001|
|DEKRA e. V. Dresden||12/17/2001|
|TÜV Thuringia e. V.||12/17/2001|
|ABV GmbH (until June 1, 2010 TÜV Rheinland Verkehrs- und Betriebspsychologie GmbH)||12/17/2001|
|TÜV Technical Supervision Hessen GmbH||05/16/2002|
|BAD Health Care and Safety Technology GmbH||08/27/2002|
|IAS Institute for Occupational and Social Hygiene Foundation||11/29/2002|
|TÜV NORD Mobility GmbH & Co. KG||06/25/2003|
|IBBK Institute for Consulting - Assessment - Motor Vehicle Approval GmbH||09/30/2003|
|Heidelberg University Hospital - Institute for Forensic Medicine and Traffic Medicine||09/16/2004|
|Absolut Diagnostics GmbH||May 2014|
|MPUMax GmbH||April 2015|
|ASS-MPU Society for Safety in Road Traffic UG (limited liability)||2016|
MPU reform working group
A working group led by the BASt is currently working on proposals for MPU reform. Among other things, this should serve the goal of further improving the transparency, comprehensibility and objectivity of the MPU and increasing acceptance among the population. This high-ranking working group was set up by the former Federal Transport Minister Peter Ramsauer. It takes up proposals from Working Group V at the Traffic Court Day 2014 and examines them for their practical feasibility.
Statements and demands from working group V - fitness to drive and MPU:
- The MPU is a tried and tested instrument that makes a lasting contribution to road safety. The measures developed by the MPU Reform project group - e.g. B. the provision of the information portal on the BASt homepage and the information sheets - are welcomed.
- Early and comprehensive information for those affected is necessary. The investigating authorities must already inform the MPU about requirements, processes and legal consequences.
- The qualification of people who work in preparation for the MPU requires a statutory regulation. This makes it easier for those affected to find reputable providers.
- Sound recordings of the medical and psychological examination interview can increase the transparency of the assessment of fitness to drive. Whether they should be required by law depends on the clarification of scientific and legal questions. The “MPU Reform” project group is to be concerned with this.
- In order to standardize administrative practice, a nationally applicable questionnaire is to be drawn up for the main reasons for investigation.
- Senior appraisal bodies are necessary because complex or controversial cases can be clarified there that the standard procedure of the assessment bodies for fitness to drive cannot do justice to. Quality standards are to be set for the positions.
- The professional standards of the MPU are to be transferred to the area of medical and specialist assessments. In-depth training in traffic medicine and a review of the quality of the expert report are required.
- Already the order to produce a fitness to drive report is to be subjected to direct administrative judicial review.
- Quality has its price. The implementation of an MPU must be remunerated appropriately. The legal basis for this must be checked.
Image study 2014
According to a representative survey carried out on behalf of VdTÜV in 2013 with 501 respondents, 79% of the population consider the MPU to be fundamentally sensible. With 83% there was an above-average agreement in the age group of 18 to 29 year olds. The VdTÜV itself interpreted the results of the survey to the effect that the MPU has a good image among the population.
Representation in the media
The MPU has become known in the tabloid press and in everyday language as the idiot test . It was required in traffic law of the 1950s and 1960s especially when an applicant for a driving license failed the test for the third time (so-called test failure). However, this administrative law regulation was abolished at about the same time as the theory of "accident personality" (so-called "conflict accidents" and "affect accidents" with a pronounced predisposition to accidents), since a direct connection with the actual accident occurrence could not be statistically proven. Since the number of accidents rose sharply with increasing motorization in Germany (absolute peak in 1973: around 20,000 victims in road traffic), the focus of the investigations shifted to the main risk factors in road traffic: alcohol , illegal drugs and other traffic abnormalities such as excessive speed.
Representation in music and literature
A popular treatment of the topic took place in 2008 in a rap by the hipster Jim Ransen especially for the target group of cannabis users. The content is greatly shortened and caricaturing, but informative for the target group (“You, you - you have to go to the MPU”).
In her book In the Sign of the Virgin, Kim Fisher presented personal experiences with the MPU, which was caused by her because of permanent illegal parking (236 times).
Implementation of the MPU
In 2014, an MPU was only required for around 0.2% of all drivers (around 55 million drivers license holders in Germany), usually after the driver's license has been withdrawn and the blocking period has expired. Almost half of these were repeat examinations after failing the MPU.
With currently 88,035 assessments (2017), the number of MPU arrangements is steadily falling. The decrease was mainly related to alcohol issues, which are now less than 50% but still make up the largest proportion.
MPU orders from 0.3 per mil
In a ruling from 2014, the Baden-Württemberg administrative court saw MPU orders as necessary even after alcohol-related driving license withdrawals were found below 1.6 ‰. The VGH referred to the case law of the Federal Administrative Court. The Bavarian Administrative Court also followed this case law from November 2015. An MPU order should therefore be required even in the event of relative inability to drive, i.e. from 0.3 ‰ (VGH Munich, ruling 11 BV 14.2738).
In April 2017, the Federal Administrative Court rejected two corresponding decisions of the BayVGH. An MPU order after a single drunk drive below 1.6 ‰ is only justified if additional facts justify the assumption of alcohol abuse.
Control density and number of unreported cases
As a rule, behind the discovered crimes and administrative offenses there is a high number of undiscovered offenses. The information on the number of unreported cases of alcohol-related drivers vary between 1: 1000 and 1:60. The probability of being discovered while driving under the influence of alcohol or other traffic crimes and administrative offenses is very low in Germany due to the low density of police checks (see traffic control ). Every trip under the influence of alcohol without an accident and without a traffic control increases the probability of the next trip; Drink driving is a serial offense.
The most important reasons for investigation are (in order of frequency):
|Occasion / question||description|
|A driver has seen alcohol on the road several times, or once with a blood alcohol level of 1.6 ‰ or more (this value also applies to driving a bicycle under the influence of alcohol ). Traffic abnormalities under the influence of alcohol represent 58 percent of all assessment cases (source: BASt, 2007).|
|A driver has been noticed under the influence of illegal drugs in traffic, or the driving license authorities have received indications that a driver has violated the Narcotics Act (through drug offenses or drug abuse) outside of the traffic .|
Traffic law irregularities
|More than 7 points in the register of fitness to drive in Flensburg or particularly serious traffic violations.|
|Criminal irregularities||The driver has appeared several times under criminal law or has been noticed with criminal offenses that suggest a particularly high level of aggressiveness or low impulse control.|
Other reasons for MPU examinations include, for example, the early issuing of a driving license for young people aged 16 and over or physical / mental illnesses / disabilities.
After applying for a new driver's license, the responsible driving license authority sends the required documents and documents to a freely selectable MPU office , which in turn sends the completed report to the client (i.e. the driver's license applicant). After submitting a positive report to the driver's license office, the driver's license that has already been applied for is usually handed over immediately.
Process of the MPU
The MPU usually takes three to four hours to complete; the order of the examination parts (test diagnostics, medical examination, psychological interview) can vary.
The current state of affairs is usually communicated on the day of the examination, with reservations, as not all of the findings are usually available. The report is sent to the client, who can pass it on to the driving license authority. The driver's license file is sent back to the driving license authority at the same time. The time frame until the report is sent should not exceed 14 days after the examination.
The MPU consists of the following examination parts:
|Traffic medicine||In the medical part , diseases relevant to traffic law as well as alcohol abuse or abuse of illegal drugs or addiction are checked. To this end, the doctor conducts a conversation about the medical history, a physical examination and, if necessary, medical laboratory procedures ( e.g. blood collection , urine drug screening ). Often it is a matter of providing evidence of a stated complete renunciation of alcohol or other drugs by means of traffic medicine. For this purpose, drug screenings (hair or urine analyzes), with which traces of previous consumption can sometimes be detected even after months, and alcohol screenings ( liver values , often also EtG and CDT ) are used.|
|Traffic psychology||The psychological conversation is about the insight into previous misconduct, the personal causes for it, consequences for the current behavior and intentions and behavior for the future that reliably prevent a new traffic problem. As a rule, the future planned behavior must be lived in a stable manner for at least six months. The conversation must be recorded for the report (this is often done on the computer). Investigation bodies should offer the customer the opportunity to read the records in order to avoid misunderstandings. Some places also offer tape recordings.|
|Performance diagnostics||In a standardized reaction test on the computer , the psychofunctional performance ( reactivity , concentration and attention ) is tested. The number and type of tests carried out (perception and reaction performance, resilience, attention) vary according to the research question. If the test results do not meet the requirements, a review of the ability to compensate in practical driving behavior (driving behavior observation) can be recommended.|
Some MPU offices also offer free information evenings to inform those affected firsthand and to reduce tension and fears in the run-up to an MPU. Registration is usually not required, participation is anonymous.
The costs of the medical-psychological examination are regulated in the drug screening is billed with an additional fee of 128.00 euros. In addition, there are costs for duplicates and mailing of reports. In many cases, the total fees for the MPU are over 500.00 euros.to the fee schedule for measures in road traffic. They are based on the average effort of the different questions. Since August 1, 2018, the costs of an MPU listed therein are no longer applicable in accordance with the current legal provisions. See paragraph 5 in § 65 transitional provisions of the StVG. In February 2008 the fees were raised for the first time since the introduction of the Driving License Ordinance in 1999. For alcohol and drug examinations they amount to 338.00 euros net. For combined questions, the examination fee increases by half of the highest partial fee in each case. Drug examinations are the most expensive because
The preparatory offers in the run-up to an MPU are more expensive. Of traffic psychologists are based on generally around the 60 to 100 euros per session.
Assessment bodies in Germany
A valid overview of all officially recognized MPU bodies in Germany can be obtained from the Federal Highway Research Institute as the competent accreditation authority. The reports from these bodies are accepted by all driving license authorities in Germany. They are in direct competition with one another, which, given the regulated prices, takes place primarily through customer recommendations and customer-oriented processing. There are between four and six providers in large cities such as Hamburg , Cologne , Munich , Stuttgart and Frankfurt am Main , and more than ten in Berlin . 15 organizations are currently accredited, with various providers working together in company associations.
Helpful hints for a customer-oriented, competent and humane treatment of the applicants concerned can be found in the experience reports of the relevant MPU forums.
Legal basis of the MPU
Road Traffic Act (StVG) regulates the issuing of a driving license, StVGregulatesits withdrawal. An applicant for a driving license must - in addition to other requirements such as minimum age, etc. - be suitable for driving a motor vehicle. Suitable are those who meet the necessary physical and mental requirements and have not violated traffic regulations or criminal laws significantly or repeatedly (Section 2 (4) of the Road Traffic Act). If facts (traffic anomalies, physical or mental deficiencies) give rise to concerns about suitability, the driving license authority can order that an expert report from an assessment body for driving suitability be submitted (Section 2 (8) of the Road Traffic Act).
If someone is unsuitable for driving a motor vehicle, their driving license must be withdrawn. With the withdrawal, the driving license expires. In the case of a foreign driving license, the right to make use of the driving license in Germany can be revoked (Section 3 (1) of the StVG).
The Federal Ministry of Transport, Building and Housing is empowered byRoad Traffic Act to issue statutory ordinances, with the consent of the Federal Council, that regulate the requirements for suitability for driving motor vehicles, the assessment of suitability through expert reports and the determination and inspection by the driving license authority. These requirements are described in detail in the Driving License Ordinance (FeV) in (Suitability), (Clarification of suitability doubts in the case of alcohol problems) and (Clarification of suitability doubts with regard to narcotics and drugs). On the basis of the regulation, the driving license authority requests an MPU and defines the respective question for the investigation. The selection of the assessment body (see above) is made by the applicant.
Kay Nehm, President of the Verkehrsgerichtstag, said in Goslar in 2014 that the investigation “did not have a good reputation among the population”, but was fundamentally important for road safety. The regulations need to be improved in several places. Among other things, those affected are currently unable to take legal action against the MPU's order - a questionable circumstance in the eyes of many lawyers. The public criticism is primarily directed against the regulatory framework - lack of uniformity in MPU issues, inconsistent causes in the federal states - and especially against the lack of transparency and quality controls in preparation for the MPU (qualification and approval of consultants). As a result of the legal separation of diagnostics and advice / therapy in 2009, an uncontrolled market has opened up here.
The Ministry of Transport has accepted the criticism and is planning improvements to the framework conditions under the heading MPU reform. It is difficult for those affected to filter out serious and competent information from the abundance of offers on the MPU's existence, according to the ministry. Many of those affected are not informed in good time about the conditions for a positive opinion.
The lack of administrative verifiability of the MPU arrangement is also being scrutinized. With regard to the implementation of the MPU itself, however, there is hardly any need for improvement, especially since it is already subject to strict quality checks. Discussions are only about obligatory recordings of the psychological conversation, whereby the considerable additional costs of the logging as well as the unresolved questions of data protection and the safe preservation of the conversation protocols stand in the way of this. Every MPU test person can order a recording of the conversation at their own expense.
Criticism of the MPU preparation
Resident traffic therapists see the objectivity of the assessment at risk because sponsoring organizations have founded subsidiaries that offer additional products before or after an assessment: advice, courses, and often expressly MPU preparation. That endangers the neutrality of the assessment. Economic interests could come to the fore over technical aspects - to the detriment of road safety and those affected.
Lack of quality controls
This is countered by the fact that the measures to prepare for an MPU are subject to the laws of the free market, i.e. are not subject to regulated quality controls and no access requirements - in contrast to the strictly regulated and extensively checked services of the accredited providers of assessment bodies for fitness to drive and providers of courses Section 70 FeV ("courses with legal consequences"). Against this background, obtaining a professional second opinion before the MPU is carried out is increasingly recommended. Quality assurance systems for the fitness to drive seminar are, however, provided for by law ( Paragraph 8, Clause 6 of the StVG, Paragraph 4 of the FahrlG). The requirements for their recognition and approval are set out in § 43a FeV.
Changes as of July 1, 2009
On July 1, 2009, a strict separation between MPU diagnostics and counseling / therapy became legally effective. The organizational, personal and spatial separation will now be carried out gradually. Consultations at officially recognized MPU offices are no longer allowed, as are recommendations for or forwarding to certain “preparers”.
This should strengthen the neutrality of the assessment bodies for fitness to drive and the objectivity of the assessment. "This represents an important building block for the public acceptance of the medical-psychological assessment and also makes a contribution to road safety". The consistent enforcement by the supervisory authorities is decisive for the success of the legal separation of advice and diagnostics.
Pass rates and effectiveness
In 2006, 62.6% of all investigations led to the issuing of a driving license. The proportion of positive reports was 49.5%, a further 16.2% of the MPU participants received their driving license back after an additional § 70 retraining course (official name: course to restore driving ability for drivers who are suspicious). The pros and cons of “too many get through” and “too many fail” is a question of personal values and social security needs. According to current figures from the Federal Statistical Office, around 10% of fatal accidents can be attributed to the influence of alcohol (as of 2011).
The long-term trend shows the significant increase in positive reviews (1997: 40.8%, 2008: 51.2%, 2013 57%). However, the rates differ considerably between the individual investigations: for so-called alcohol offenders 46.0% positive, for drug offenders 55.9% positive. Improved laboratory detection methods (in the case of alcohol, especially ethyl glucuronide ) and therapy offers in the run-up to the MPU could lead to a further increase in the positive rates in the medium term.
A shortening of the blocking period does not automatically mean an increased risk of relapse. A study from 2001 showed that rehabilitation measures within the blocking period lead to a lower risk of relapse. It is still unclear whether these results can be transferred to the current wide range of different approaches in the run-up to the MPU - from intensive individual therapy to “drama schools”.
The effectiveness (legal validation) of the MPU has improved since the beginning of the 1980s. A nationwide investigation on behalf of the Federal Highway Research Institute was carried out on the occasion of the first introduction of rehabilitation courses for drivers who have been suspicious of alcohol (from 1980). While at that time 18.8% of MPU graduates rated positively again became suspicious within three years (course participants: 13.4%), the rates of again suspicious drivers from the period from 1987 to 1990 were only 11.2 (or Course participants: 13.8%). 21.2% of people who only received their driving license again during a second examination - without interim traffic psychological measures - were again conspicuous after this examination over the three-year period. Statements according to which every third drunkard relapses again after a positive MPU are also supported by the specialist literature if the observation period is extended from three to ten years.
Against the background of these evaluation studies, the proponents of the MPU consider the effectiveness of this legal measure to be sufficiently proven. According to Stephan (1984), the effect of sanctions such as driving license withdrawal and punishment alone (i.e. without MPU) is significantly less. According to Stephan, the likelihood of relapse (basic rate) for “first-time offenders below 2.0 per mil” is around 35%. The combined system of driving license withdrawal and MPU therefore makes a noticeable contribution to the reduction of fatalities and injuries in road traffic.
In the north German project from 2001 (see above), the values for those with a positive assessment were 6.5% and for course participants 8.3%. If the driver's license was only issued again after therapeutic measures and a further examination, the risk of repetition was 4.4%. These figures are comparable with the results of other intensive traffic therapies (see - evaluation study not published).
Review of the legality of the order
Some traffic lawyers have argued that the decision of a driving license authority to order an MPU must be subject to legal review. The review of the decision is also necessary from a constitutional point of view, since the MPU involves a considerable encroachment on personal rights . Other positions generally question the independent contestation of an MPU order.
However, the driving license authority's discretion is very narrow. The legislature evaluates an MPU as a preparatory act in the context of an administrative decision. So far, he sees no reason to make this administrative decision verifiable through legal channels. Appeals can be lodged against the decisions of the driving license authorities.
The way of bypassing the MPU by acquiring a driving license in other European countries has been practiced by many applicants in the past (see Driving License Tourism ). However, as a result of a new regulation effective January 19, 2009, this practice has changed significantly, resulting in more legal certainty and equality. The number of advertisements for EU driving licenses has meanwhile decreased significantly.
In view of the still controversial legal situation, possible later usage bans and many fraudulent offers with “guarantees of success”, prior information is advisable, for example with lawyers, especially those who specialize in traffic law.
So far, a driver who was found with an EU driving license in Germany was prohibited from continuing the journey if the person concerned was still subject to driving license requirements in Germany. On April 26, 2012, the European Court of Justice ruled that an EU driving license must be recognized in Germany even if the person still has an MPU requirement or other requirements in Germany, and the blocking period has expired and their normal place of residence in the issuing Member State the EU has.
Aptitude tests for professional drivers
Applicants and holders of classes D, D1, DE, D1E or a driver's license for passenger transport (e.g. taxi drivers) must undergo a traffic medical and psychological examination every 5 years from the age of 50.
The traffic psychological part includes the examination of special requirements such as orientation skills, concentration skills, attentiveness, resilience and responsiveness. These regulations have been in effect since January 1st, 1999. This is to ensure that professional drivers meet the special requirements for this activity.
The examinations are offered by occupational and occupational physicians, as well as in officially recognized assessment bodies for fitness to drive.
- Expected development of the number of accidents and annual mileage in Germany - 2013 results -. (PDF) Retrieved April 24, 2015 .
- OVG Koblenz v. 08/17/2012: On the admissibility of an administrative ban on bicycles
- OVG Koblenz v. 09/25/2009: On the inadmissibility of a cycling ban after a single alcohol abuse
- BASt 2017: Information on the MPU Retrieved on November 14, 2018
- ( page no longer available , search in web archives: press release of July 31, 2013, no .: 21/201: new BASt information portal on MPU )
- BASt: Quality assurance of MPU and advice. Retrieved November 14, 2018 .
- ( page no longer available , search in web archives: quote from Ramsauer:) “The MPU should become more transparent for those affected. We want to increase the acceptance of this measure and with it traffic safety. In the new internet portal, those affected can find information about the responsible contact person quickly and easily. With a click on the organization where the MPU was carried out, the contact details appear. Complaints land directly on the desk of those responsible. ”According to the BMVBS, the aim of the MPU revision is:“ More individual justice, legal equality, quality and transparency. From a technical point of view, the revision is carried out by BASt as an independent scientific institution, i.e. detached from economic interests. Because the MPU market in particular is characterized by a wide range of economic interests that should be disregarded in a scientifically based revision. "
- List of providers of assessment bodies for fitness to drive at the accreditation authority (BASt) . ( bast.de [PDF; 12 kB ; accessed on July 15, 2020]).
- Search function for specialist psychologists for traffic psychology
- Search function for officially recognized traffic psychological advisors
- Federal Research Institute: http://www.bast.de/mpu (accessed on March 17, 2016)
- suction. Money back guarantees
- BDP: Tips and help for consumer protection
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