Dienstag, 12.01.2021
Accompanied driving from 17
from
Dr. jur. Ingo E. FrommLawyer
Specialist in criminal law
Specialist in traffic law
Give me a call: 0261 - 404 99 25
E-Mail:
Since 2011, young people in Germany have been able to take their driving test at the age of 17. They are issued with a provisional license rather than a full license. They must be accompanied by a driver over the age of 30 who has held a full license for at least five years.
Points account of the accompanying person
The reason for taking action against penalty notices with points is often that parents want to act as accompanying persons in accordance with § 48a of the Driving License Regulation (FeV) as part of accompanied driving from 17 (BF 17). However, according to § 48a FeV, at the time of applying for the driving license or when applying for the entry of further persons intended for accompaniment in the driving aptitude register, the accompanying person may not be burdened with more than one point. To do this, the driving license authority obtains information from the driving aptitude register. The relevant point in time is the date of application, so it does no harm if further points are added to the accompanying person at a later date. If necessary, an appeal must be lodged against any fines and later further legal remedies against a judgment in order to avoid these being legally binding at the time of application.
Possible reduction in points for accompanying person
Incidentally, the accompanying person could voluntarily reduce one point in the case of a score of one to five in the driving aptitude register in Flensburg if they take part in a driving aptitude seminar within the framework of § 4 para. 7 StVG. However, a points reduction course is only permitted once within five years. This means that two parents could still get one point.
Subsequent entry of an accompanying person possible
If, for example, the father of a 17-year-old son still has 2 points at the relevant time of the application for accompanied driving, he is not allowed to accompany him (initially). In this case, only the mother could be the accompanying person if she has a maximum of one point in Flensburg. If one or both of the father's points are later removed (so-called redemption[1]), he could also have himself entered as an additional accompanying person on the test certificate by the driving license authority at a later date.
It is highly recommended to seek advice from a specialized Lawyer and Specialist Lawyer in Traffic Law.
Footnote:
[1] Regulatory offences with one point are erased 2 ½ years after the legal decision (= deleted from the register), offences with 2 points only after 5 years after the legal decision.
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.