According to Section 3 (1) of the Road Traffic Act (StVG), a driver's license may be revoked if the holder proves to be unfit or incapable of driving motor vehicles. In addition, the driver's license authority may order a medical-psychological assessment if there are doubts about the driver's fitness to drive due to a serious violation or repeated violations.
In some cases, the driver's license authority bases a revocation of the driver's license or concerns about suitability on a single offense that only leads to points being entered in the driver's license register (FAER) or even on administrative offenses without points. This can lead to particular difficulties in distinguishing between the point system and other factors. Can the driver's license authority already assume that there are doubts about a driver's suitability if the driver does not yet have eight points in Flensburg?
Significant violations or repeated violations of traffic regulations
This would be possible in the case of a "significant violation." A single traffic violation that just exceeds the threshold for entry in the FAER can only be grounds for action outside the points system in extremely exceptional cases. [1]"Repeated violations" refers to at least two violations. [2] As a rule, these must be violations that are entered in the driver suitability register.[3]
Case law [4] takes the view that the driving license must be revoked in accordance with § 3 I StVG if a driving license holder proves to be unsuitable to drive motor vehicles due to violations that are subject to points assessment, regardless of what measuresmeasures would have to be taken with regard to the number of points achieved in accordance with § 4 V StVG. This ensures that the general public is protected from the dangers posed by repeat traffic offenders even if the conditions for revoking a driving license are not (yet) met under the points system. [5] In the case of withdrawal of a driving license outside the points system due to traffic violations falling under this system, it is necessary in every case to additionally establish that these violations render the person unfit to drive for reasons of character. If unsuitability can be directly inferred from the traffic violations, the driver's license must be revoked due to proven unsuitability.
However, abandoning the points system on the basis of § 4 I 3 StVG must remain the exception and depend on the existence of special reasons. To this end, the driver's license holder must stand out negatively from all other"point offenders." Measures outside the points system, such as the withdrawal of the driving license or at least the requirement to provide a suitability assessment, are only permissible in special exceptional cases, for example if a driving license holder has become a traffic offender through the persistent and frequent commission of When viewed in isolation, even minor traffic violations or a significant traffic violation that has attracted the attention of the traffic authorities and from which a lack of fitness to drive or at least doubts about fitness can be inferred in terms of character. [6]
Doubts about suitability in the case of administrative offenses – only permissible in exceptional cases
Administrative offenses alone, even if their nature and number give rise to concerns about suitability, do not justify ordering a medical-psychological assessment.[7] Only "in particularly egregious cases" can this be assessed differently.[8]
For example, speeding in a built-up area by more than 100% does not in itself constitute sufficient grounds for assuming serious doubts about a driver's suitability.[9] Thus, the legislature did not include speeding offenses in the list of offenses for which the criminal court must, as a rule, revoke the driver's license due to lack of fitness to drive motor vehicles pursuant to § 69 II StGB; rather, the list is limitedis limited to traffic offenses and therefore does not include traffic violations such as speeding. However, the point system also shows that the legislature deliberately accepted the continued participation in road traffic of motorists with a not insignificant"record of offenses" and made the withdrawal of driving licenses dependent on the previously granted opportunity to take advantage of offers and assistance.[10]
However, if additional circumstances arise, such as further violations of traffic regulations or concrete dangers to other road users in the context of speeding, doubts about suitability or even unsuitability may well arise from an overall assessment– always depending on the specific individual case. [11]
Conclusion
The withdrawal of a driver's license or the ordering of a medical-psychological assessment outside the points system is legally possible, but only in very exceptional cases. The decisive factor is always the assessment of the individual case, especially if character flaws can be inferred from the behavior of the person concerned.
If you receive a letter from the driver's license office regarding alleged deficiencies in your driving ability, you should urgently seek the assistance of a lawyer specializing in traffic law.
[1] VGH Munich NJW 2014, 3802.
[2] Bouska / Laeverenz, Driver's License Law, 3rd edition 2004, note 3 b on § 13 FeV on § 13 sentence 1 no. 2b) FeV.
[3] VGH Munich NJW 2014, 3802.
[4] VG Karlsruhe, decision of July 26, 2007 – 9 K 1913/07, BeckRS 2007, 27009, OVG Mecklenburg-Vorpommern, decision of November 7, 2003 – 1 M 205/03.
[5] OVG North Rhine-Westphalia, SVR 2011, 199; VG Karlsruhe, loc. cit., OVG Mecklenburg-Western Pomerania, loc. cit.
[6] See VGH Mannheim, decision of March 18, 2010 – BeckRS 2011, 54432.
[7] Bouska/Laeverenz, Driver's License Law, 3rd ed. 2004, on § 11 FeV, note, letter e.
[8] OVG Lüneburg, NJW 2000, 685.
[9] OVG Lüneburg, loc. cit.
[10] VGH Munich, NJW 2014, 3802.
[11] Higher Administrative Court of Lüneburg, loc. cit.
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.