Traffic administration law
The traffic administrative law includes related to road traffic Special Administrative Law in Germany. Traffic administrative law is one of four major legal areas of traffic law in which the specialist lawyer for traffic law has to prove his special knowledge. The traffic administration law stands alongside the areas of civil traffic law , traffic-related insurance law , and traffic law and administrative offense law .
Areas of traffic administration law
Traffic administration law is mainly divided into provisions regulating the participation of people and the admission of vehicles to road traffic. Furthermore, the regulations on traffic regulations (for example administrative regulations on the design of traffic signs) or the driving instructor law ( driving instructor law , training regulation and examination regulations for driving instructors) also belong to traffic administration law.
Driving license law
Of particular importance is the right to a driving license , which regulates when an official driving license is required to drive a motor vehicle and how it is acquired, obtained and, if necessary, withdrawn ( withdrawal and renewal of the driving license ). The most important legal bases for this can be found in the Driving License Ordinance (FeV). Here also are driving on the sample and the scoring system for the fitness to drive register (FAER) regulated. Annex 4 of the FeV specifies which health impairments are generally (conditional) suitable or excluded or which restrictions or requirements can be issued.
Vehicle registration law
The Vehicle Registration Ordinance (FZV) regulates which vehicles are free of registration or under which conditions they can be registered and which data is stored and passed on in the central vehicle register. The Road Traffic Licensing Regulations (StVZO), on the other hand, regulate the technical requirements for the operating license and the type approval . This includes, for example, the calculation of the engine capacity , front protection systems, vehicle dimensions, requirements for lighting, brakes, steering and the exhaust system.
In the so-called exhaust scandal , the owners of vehicles with so-called cheat software are obliged to carry out a software update due to traffic administration regulations. Some buyers have resisted the request of the Federal Motor Transport Authority (Kraftfahrbundesamt) to have the software updates carried out, as they feared increased consumption and increased wear and tear on their vehicles. On August 17, 2018, the OVG Münster decided by two resolutions that the owners of these vehicles can be obliged to carry out software updates on their vehicles. The OVG Münster justifies this with the requirement of uniform application in order to enforce effective emission protection. With regard to securing the evidence to assert civil law claims, buyers are referred to the possibility of carrying out an independent evidence procedure before the update . If the owner does not comply with the request to have the update carried out, an operating ban in accordance with Section 5 (1) FZV justified.
