Prohibition of use
A usage ban is one of a German authority adopted administrative act by which the use of a right is exceptionally prohibited if the law can not be completely removed.
driving licence
Prohibition of use is the non-technical term for an administrative order issued by a driving license authority that prohibits the use of a foreign driving license in Germany. This prohibition is usually issued with the order for immediate enforcement and corresponds to a withdrawal of the driver's license (see driving license tourism ). This prohibition of use is basically permissible with the case law of the Federal Administrative Court .
However, a ban on use must not be confused with a driving ban , because in the case of a driving ban, the driver's license is only given for 1 to 3 months in official custody and the existence of the driving license is not affected. In addition, the driving ban prohibits participation in all motor vehicles on public roads, while a ban on use can only relate to those driving license classes that are shown in the driver's license.
The prohibition of use must not be confused with a ban on the re-issuance of a driving license, because the ban on use, unlike the ban, is not limited in time, and a driving license ban is only imposed by a criminal court, while the ban on use is often ordered by the driving license authority. However, it should be noted that the - permissible - withdrawal of a foreign driving license by a criminal court also has the effect of a domestic usage ban.
In the case of an existing foreign driving license, the driving license authority justifies a ban on use with doubts of suitability that relate to the facts that led to the withdrawal of the German driving license at the time, or that may have arisen again after the foreign driving license was issued. A driver is considered unsuitable if he refuses to submit a positive report within a period of usually 2 months set by the driving license authority . However, this only applies if the report was rightly requested. As a rule, a medical-psychological examination (MPU) from an officially recognized German assessment body is required. However, the deadline is often too short if the person concerned has not already prepared. If drug or alcohol addiction is suspected, evidence of an addiction-free period of 6 to 12 months is often essential for a positive MPU .
In the case of an existing driver's license , the driving license authority may only raise doubts about suitability that arose after the license was issued, but no longer than 15 years beforehand. At least that's how the European Court of Justice ( ECJ ) in Luxembourg and the EU Commission in Brussels see it , because every European driving license authority is only allowed to issue a driving license as a sovereign act if there are no doubts about suitability at the time.
A German authority thus doubts the sovereign act of issuing a driving license from a foreign driving license authority by prohibiting use if it is only about old doubts about suitability that existed before the new driving license was issued. Reason: In the case of continuing doubts about suitability, the foreign issue can only be incorrect according to the German view. If an official inquiry is not answered by the exhibitor country, a decision will be made against the person concerned due to the continuing doubts about suitability.
Building permit
The public law regulations on the admissibility of building structures always also refer to planned subsequent use. In the event of violations or changes, the authorities can react by prohibiting use.
The violations can lie in the modification of a previously permitted use, e.g. B. commercial use of a property previously used for residential purposes. But they can also be given by the first illegal use of an undeveloped property, if z. B. a fallow property is used as a parking lot.
This is regulated differently in the countries. B. in Baden-Württemberg expressly in Section 65 LBO.
Individual evidence
- ↑ BVerwG, judgment of December 11, 2008 ( page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. , Az. 3 C 26/07, 3 C 38/07, full text.
