LawyerDr. jur. Ingo E. Fromm, Legal advisor in Koblenz
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Dienstag, 01.07.2025

Traffic control: rights and obligations for drivers explained



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Dr. jur. Ingo E. Fromm
Lawyer
Specialist in criminal law
Specialist in traffic law

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Traffic checks are part of everyday life on the roads. However, many drivers are unclear about their obligations in this regard—and what they are allowed to refuse. In this legal tip, we explain what road users should be prepared for, which documents they must carry with them, and what rights they are entitled to.

What are road users required to do during a police check?

During a general traffic check, road users are required to present certain documents. These include, in particular:

  • a valid driver's license,
  • the registration certificate Part I (formerly vehicle registration document).


In addition, the police may check the technical condition of the vehicle, such as:

  • the tread depth of the tires,
  • the valid general inspection (HU),
  • and the presence of a first aid kit, warning vest, and warning triangle.


What happens if you refuse to stop?

Anyone who evades a police check or fails to stop risks a fine of 70 euros and a point on their driving record in Flensburg.

Refusal therefore constitutes an administrative offense that can result in a corresponding fine.

Do you have to take a driving ability test?

No. Participation in a driving ability test is voluntary. The police are obliged to inform the person being tested that the measure is not mandatory.

Such tests (e.g., coordination exercises or reaction tests) may be carried out by specially trained officers, but are not binding. Refusal to take the test must not be viewed negatively.

Do you have to provide health information?

Here, too, there is no obligation to provide information. Road users are not required to disclose any health restrictions or previous illnesses.

If such information is provided voluntarily (e.g., about neurological, mental, or cardiovascular illnesses), it may be forwarded to the relevant driver's license authority. The authority may then arrange for an assessment or review of the driver's fitness to drive – in the worst case, this may even result in the withdrawal of the driver's license.

What are "standardized driving ability tests"?

These are structured tests carried out by specially trained police officers. These tests are similar in their objective to a medical examination of driving ability, but are used for preventive control in road traffic.

They are intended to help reduce the number of serious accidents, but, as already mentioned, are not mandatory.

What should road users generally bear in mind?

Road users are well advised to be cooperative during traffic checks. This includes, in particular:

  • carrying and presenting the required documents (driver's license, registration certificate),
  • ensuring that the vehicle is in a roadworthy condition (MOT, tires, mandatory equipment).


However, if you have any questions about your fitness to drive or your health, you should exercise restraint and be aware that any tests are voluntary. In the worst case, a careless statement can lead to your driver's license being revoked.

Conclusion

Traffic checks are permitted and regulated by law. If you know your obligations and exercise your rights, you will avoid unnecessary penalties. Particular caution should be exercised when dealing with personal information, especially when it comes to driving ability and health issues.

The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.