Defendants in criminal traffic proceedings, such as drunk driving under § 316 StGB, who have had their driving license provisionally withdrawn under § 111a StPO, regularly seek alternatives to continue to have limited mobility. In some cases, they may even be professionally dependent on their driver's license. Section 69 of the German Criminal Code (StGB) stipulates that the court shall revoke the defendant's driving license in addition to the main penalty if he has committed an unlawful act in connection with driving a motor vehicle or in violation of the duties of a motor vehicle driver, and it is clear from the act that he is unsuitable to drive motor vehicles.
Participation in road traffic with a separate moped test certificate
Many people then remember that they passed a moped test decades ago. They obtained this as a teenager at the age of 15. However, the moped test has not been required since the introduction of the Class B driving license.
A person who possesses a separate moped test certificate may use it despite the (provisional) withdrawal of their driving license in accordance with § 111a StPO by decision or withdrawal of their driving license by a legally binding judgment or penalty order in accordance with §§ 69, 69a StGB. The moped test certificate is not a driving license in the sense of the classified driving license law. [1] The withdrawal of the driving license has no effect on any test certificate that may be present.[2] Anyone who is in possession of a test certificate at the time of the withdrawal of the driving license may continue to drive mopeds after the withdrawal.
The moped test certificate entitles persons aged 15 and over to drive only mopeds with a maximum speed of 25 km/h on AM scooters and their three-wheeled offshoots.
No test certificates are required according to </76> no. 3</76> FeV</76>. Persons who have reached the age of 15 before April 1, 1980, are exempt from this requirement. They are allowed to ride mopeds without a special test certificate, even after a driving license has been withdrawn, for reasons of vested rights protection. An identity card is sufficient as proof.
Procedure in the event of loss of the moped test certificate
Often, defendants can no longer find their old moped test certificate, especially since it has not been used for decades. The test certificate is not a driving license, so it is not stored in the Central Driver's License Register (ZFER). Normally, you get such a certificate from TÜV after you present your car driver's license there. However, since this is already in storage, this option is no longer available.
If you lose your moped test certificate, you have to contact the technical inspection authority that issued the test certificate to have a replacement test certificate issued. The driving license office is not responsible for this, but rather the respective TÜV, DEKRA, GTÜ or KÜS. However, the data for the inspection certificate is usually only stored for 10 years. If the test certificate is older, it cannot be retrieved and the training course would have to be repeated.
Should you require advice in such a constellation, please feel free to contact us.
[1] BayObLG zfs 1993, 67.
[2] Kretschmer, in Münchener Kommentar zum StVR, 2016, § 69 Rn 9.
[3] Fromm, NJ 2018, 273.
[4] Local Court St. Wendel VM 2004, 40.
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.