Points system (driving license law)

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A points system is a set of rules in driving license law with which violations of road traffic regulations are sanctioned and stored in a register .

Purpose of point systems

Road users who have significantly or repeatedly violated the road traffic regulations (including the Road Traffic Act , Road Traffic Regulations , Driving License Regulations ) should be identified and encouraged to better comply with the rules with uniform penalties or fines . Points systems implement concepts of traffic psychology aimed at changing the behavior and attitude of the driver. The ability to be influenced and the ability to learn are therefore essential components of the mobility skills of drivers. The close correlative relationship between the number of entries in the register of fitness to drive and the risk of accidents has been adequately proven according to studies by the Federal Motor Transport Authority. This justifies the role of multiple offender point systems in maintaining and improving road safety.

In a comparative study by the national traffic safety authorities of Austria (KfV), the Netherlands (SWOV) and Germany (BASt) on point systems in Europe (The EU BestPoint project: Getting the best out of a demerit point system) it is stated that the effectiveness of point systems is largely determined by the prospect of driving license withdrawal. Four steps are recommended as measures (a) warning (b) measures to improve driving ability (c) driving license disqualification and (d) rehabilitation courses. Further recommendations concern the type of fines, target groups and the official implementation. The possible increase in road safety in Europe if the recommendations are implemented is presented in a manual of the BestPoint project as a political decision-making proposal and concrete steps are taken to achieve this (e.g. cross-border exchange of points and fines).

Historical development

In Germany, on May 1, 1974, a so-called "multiple offender point system" was introduced for the first time. The first thoughts on this go back to the 1960s and caused vehemently controversial discussions, including a constitutional complaint by the ADAC .

Regulations in Germany

In Germany, points are registered in accordance with the provisions of the Road Traffic Act (StVG) and the Driving License Ordinance (FeV) in the register of driving fitness of the Federal Motor Transport Authority in Flensburg . The points system was fundamentally reformed in 2013. Under Transport Minister Peter Ramsauer , a new evaluation system was drafted, which came into force on May 1, 2014. Citizens can request the balance of the points account from the Federal Motor Transport Authority.

Scoring

Holders of a driving license charged with points are recorded in the register of fitness to drive. The traffic offenses and traffic offenses listed in Annex 13 FeV are entered in the register. The entries are assessed with the number of points specified in Appendix 13.

Criminal offenses are rated with three points if the decision revokes the driver's license or imposes an isolated ban.

Criminal offenses without deprivation of the driver's license or an isolated ban are rated with two points. In addition, administrative offenses that impair road safety in a special way .

All other administrative offenses affecting traffic safety are rated with one point.

With eight or more points, the driver's license is revoked. Before a new license is issued, a check of fitness to drive is ordered as part of a medical-psychological examination (MPU).

Point reduction

The entries are erased after the set deadlines have expired: for administrative offenses with one point two years and six months, for administrative offenses with two points and for offenses with two points five years, and for offenses with three points ten years. The period begins on the day the decision becomes final. A “ retention period ” of one year is added to the repayment periods before the points are deleted.

By voluntarily participating in a fitness to drive seminar , holders of a driving license can reduce one point with a score of 1–5 points. Such a reduction is only possible once within five years.

admonition

Accident risk based on the number of individual entries in the central traffic register of the Federal Motor Transport Authority .

If four or five points are achieved, the person concerned will be warned against payment and advised of the possibility of reducing points by participating in a fitness to drive seminar.

warning

If they reach six or seven points, the person concerned will be warned for a fee. He is advised of the possibility of participating in a fitness to drive seminar, which, however, no longer results in a reduction in points.

Legally prescribed point reduction

If a person concerned reaches or exceeds six or seven points without being warned beforehand, the score must be reduced to five. If a person concerned reaches or exceeds eight points without being warned in advance, the number of points must be reduced to seven ( Section 4 (6) StVG).

Reform of the points system

On May 1, 2014, the reform of the points system came into force. At the same time, the former central traffic register was renamed the register of fitness to drive.

When the reform came into force, all entries that no longer need to be stored in the fitness to drive register according to the new regulations were initially deleted. The remaining points have been converted according to the following table:

Points old Points new
1-3 1
4-5 2
6-7 3
08-10 4th
11-13 5
14-15 6th
16-17 7th
00≥18 8th

"Old" points that were transferred to the new system were redeemed according to the old law for a bridging period of five years.

Reservation system in Austria

The “point driver's license” in Austria has consisted of a reservation system and a catalog of sanctions since July 1, 2005 , see also withdrawal and renewal of the driving license .

Regulations in other countries

Points systems for driving licenses exist in Australia, Brazil, Denmark, France, Great Britain, Ireland, Italy, Canada, Norway and Northern Ireland, among others.

United States

In the United States , where the states pass their own road traffic laws, there are point systems in places like Colorado , California and New York . The central traffic authority ( Department of Motor Vehicles , DMV ) of the respective federal state is responsible.

Web links

Individual evidence

  1. PASS model (PDF; 108 kB) An interdisciplinary model for promoting and securing mobility skills in Europe. Journal for Road Safety 1/2007
  2. Too bad F.-D. (2006). Effectiveness of the Points System in Germany. In WR Nickel, & P. ​​Sardi (Eds.). Proceedings of the Fit-to-Drive 1st International Traffic Expert Congress. Kirschbaum Verlag, Bonn, Germany
  3. Klipp et al .: The EU BestPoint project: Getting the best out of a demerit point system Klipp (PDF) a , S., Machata b , K. & van Schagen c , I. - a BASt, Federal Highway Research Institute, Germany, b KfV, Austrian Road Safety Board, Austria, c SWOV, Institute for Road Safety Research, the Netherlands
  4. The BestPoint Handbook: Getting the best out of a Demerit Point System (PDF; 108 kB) Van Schagen, I. & Machata, K. (2012). BestPoint Deliverable 3rd KfV, Vienna, Austria
  5. ^ "Süddeutsche Zeitung" of May 3, 2004: Feared by traffic offenders for 30 years , queried on May 26, 2015
  6. BVerfG , decision of July 9, 1963, Az. 1 BvL 15/60, BVerfGE 16, 246 - traffic offenders' index.
  7. Effectiveness of the Points System in Germany ( Memento of the original from May 12, 2014 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 598 kB) @1@ 2Template: Webachiv / IABot / 2006.fit-to-drive.com