Both for the head and employees of agricultural or forestry businesses, there are unexpected criminal risks associated with the driving of agricultural and forestry towing and working machines. Since these pitfalls are largely unknown to farmers, this article discusses the conditions under which criminal proceedings must be expected and how these risks can be minimized.
The classification of the license classes is regulated in § 6 of the German Driving License Regulation (FeV). Classes T and L are particularly relevant for agriculture and forestry. Class T includes "tractors with a maximum design speed of no more than 60 km/h and self-propelled work machines with a maximum design speed of no more than 40 km/h, which, depending on their design, are used for pulling or pushing [...]" (own translation).maximum speed not exceeding 60 km/h and self-propelled machines with a maximum speed not exceeding 40 km/h, each intended and used for agricultural or forestry purposes (each also with trailers) Category L refers to "tractors designed for agricultural or forestry use and used for such purposes, with a maximum design speed not exceeding 32 km/h, and combinations of these vehicles and trailers, if they are driven at a speed of no more than 25 km/h and, provided that the maximum design speed of the towing vehicle is more than 25 km/h, they are marked for a maximum speed of no more than 25 km/h in the manner prescribed by § 58 of the Straßenverkehrs-Zulassungs-Ordnung (German Road Traffic Type Approval Regulations) and self-propelled machines, stackers and other industrial trucks, each with a maximum design speed of not more than 25 km/h, and combinations of these vehicles and trailers. The term "agricultural or forestry purposes" within the context of driving licenses in classes T and L includes, according to § 6 para. 5 FeV (1.), the operation of agriculture, forestry, viticulture, horticulture, fruit growing, vegetable growing, tree nurseries, animal breeding, animal husbandry, fish farming, fish farming, beekeeping, as well as landscape conservation that serves the objectives of nature and environmental protection, (2) park, garden, embankment and cemetery maintenance, including winter services, (3) sideline agricultural activities and neighborhood assistance provided by farmers, (4) operations of agricultural and forestry contractors and otherother inter-farm machine use, (5.) operations of companies that primarily serve to secure, monitor and promote agriculture, and (6.) operations of workshops for the repair, maintenance and testing of vehicles used in the context of numbers (1.) to (5.). The tractor or working machine must not be used for any other purpose than those mentioned there. This became a apprentice at his family farm to his undoing when he participated in public road traffic with a tractor and an agricultural trailer converted for carnival purposes. The investigating authorities had to check the trainee's driving license because he had caused a traffic accident with his tractor. The public prosecutor's office initiated a preliminary investigation against him for driving without a license in accordance with § 21 para. 1 of the German Road Traffic Act (StVG). According to this, anyone who drives a motor vehicle although they do not have the necessary driving license can be punished with a prison sentence of up to one year or a fine. The young man did have a class T license. However, since the tractor ride at a carnival event in the town center had no recognizable agricultural or forestry connection, there was sufficient suspicion. But that was not the end of it: the public prosecutor's office also investigated the manager of the family dairy cow production business. As the owner of the tractor used, he was initially suspected of having ordered or allowed someone to drive the vehicle who did not have the necessary driving license.
If the owner acts intentionally, that is, they knew that the driver did not have the required driver's license, they may be sentenced to up to a year in prison or fined. In the case of a negligent offense, i.e. a failure to exercise the necessary care in traffic, the law provides for a prison sentence of up to six months or a fine of up to 180 daily rates. The proceedings against the head of the family business were ultimately dropped because it could not be proven that he was aware that the apprentice had been driving. Regardless of the case described, the owner of the farm as the vehicle owner should always check that owners of vehicle classes L and T only drive their vehicles for agricultural and forestry purposes, in order to avoid being accused of negligence. In addition, he should always ask to see an employee's driver's license when they are hired. He should then have employees at the farm show him their driver's licenses at regular intervals, such as annually. The employer is only required to carry out more frequent checks if there are indications that the license has been revoked. Employers are protected if they require the license to be presented in writing. If there are no external indications, such as unusable or easily recognizable forgeries, the entrepreneur does not have to check the authenticity of the driving license like a graphologist. The company director can accept an EU driver's license with a clear conscience, but he should not accept an incomprehensible foreign-language "certificate" and must instead question the license in more detail.
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.