1. Introduction
According to current findings, six million Germans suffer from sleep disorders. The issue of impaired road safety due to various types of sleep disorders is therefore highly relevant in practice. According to the Federal Statistical Office, a total of 1,507 accidents involving personal injury were recorded in 2021 in which fatigue while driving was a factor. According to national and international studies, up to 25 percent of all road traffic fatalities are attributed to fatigue-related accidents. The Driver's License Regulation governs the consequences of officially reported incidents related to daytime sleepiness. Sleep disorders are among the conditions that can impair or negate a person's ability to drive a motor vehicle for extended periods of time.
However, not every sleep apnea sufferer has to surrender their driver's license. This article provides information on the current legal situation, describes the typical risks for sleep apnea sufferers, and suggests solutions.
2. Fitness to drive motor vehicles
In principle, applicants for a driver's license must meet the necessary physical and mental requirements in accordance with § 11 of the German Driver's License Regulation (FeV). In particular, the requirements are not met if an illness or deficiency listed in Appendix 4 of the FeV is present. This restricts or excludes the ability to drive motor vehicles. In the case of applicants for driving licenses for cars and motorcycles, the driving license authorities do not conduct investigations on their own initiative without apparent reason. Only certain indications of the existence of physical or mental deficiencies can raise doubts about suitability. If the driving license authority becomes aware of facts that justify concerns about suitability, it may reject an application. In certain cases, the authority may require the applicant to provide a medical report (Section 11 (2) sentence 3), in special cases a medical-psychological report (Section 11 (3)) or a report from an officially recognized expert or examiner for motor vehicle traffic (Section 11 (4)). However, suitability is not only important for new applicants, but also for those who already hold a valid driver's license. Health problems may lead to the withdrawal of the driver's license in accordance with Section 11 in conjunction with Section 46 of the FeV.
3. Notification of the administrative authority of deficiencies in fitness
The administrative authority usually becomes aware of health problems through violations of traffic regulations or traffic accidents. Law enforcement agencies and courts usually inform the driver's license authorities if there are indications of fitness deficiencies.
However, people with sleep apnea are not obliged to disclose this information to the driver's license authority or the police. If a person suffering from chronic fatigue is involved in a traffic accident, the accused has a legal right to remain silent. Therefore, they should not disclose any information to the police about the causes of the traffic accident, and certainly not voluntarily admit to having fallen asleep. This could even lead to criminal proceedings being initiated for endangering road traffic in accordance with Section 315c of the German Criminal Code (StGB), as there is an initial suspicion that the traffic incident is related to physical deficiencies.
4. Regulations in Appendix 4 of the Driver's License Regulation on sleep disorders
In section 11.2, the legislator differentiates between untreated and treated sleep disorders. The table also shows the conditions under which a person is considered fit or conditionally fit to drive. If the person concerned is conditionally fit, they are subject to restrictions/conditions. The driving license of chronically ill persons must be subject to appropriate conditions/restrictions (retrospectively, if necessary).
Despite sleep disorders, according to the legislator's intention in section 11.2.1, fitness to drive should be retained if there is no measurable daytime sleepiness and the person concerned has been treated. Only those affected who have been treated for sleep disorders should therefore remain conditionally fit to drive. This means that all those who are not yet aware of their illness and have therefore not yet been able to seek medical treatment will in future be considered unfit to drive any type of motor vehicle. In any case, the law requires regular checks for daytime sleepiness even after treatment for sleep disorders. This means that even those affected who no longer have noticeable daytime sleepiness and have been adequately treated will only retain their driver's license on condition that they undergo regular checks.
Under section 11.2.3, the Driver's License Regulation further regulates the issue of fitness in cases of moderate/severe obstructive sleep apnea syndrome (OSAS) (moderate: apnea-hypopnea index between 15 and 29 per hour; severe: apnea-hypopnea index of
at least 30 per hour). In this case, fitness remains intact under appropriate therapy and if there is no longer any measurable noticeable daytime sleepiness.
The person affected is subject to restrictions insofar as the regulation requires medical assessment and regular medical check-ups at intervals of no more than three years.
5. Renewal of Group 2 driving licenses
For truck driving license classes D, D1, DE, and D1E, license holders aged 50 and over must provide proof of a functional and performance test when renewing their license. This is justified and sensible due to the greater potential danger posed by the motor vehicles they drive. If no proof is provided, the Group 2 driver's license expires. If road users with the aforementioned driver's licenses wish to have their driver's license renewed, they must submit proof to the driver's license authority in accordance with Appendix 5, § 11 IX FeV, in order to determine their suitability. Holders of Group 2 driving licenses often do not consider that such examinations at an advanced age may reveal deficiencies that could even restrict their suitability to drive Group 1 vehicles (classes A and B). In some cases, health problems are also revealed during the examination, which are then recorded by the doctor. This not only results in the refusal to renew the truck driver's license, which is usually no longer needed, but also in the revocation of the car driver's license. In this case, the driver's license holder risks having all driver's license classes revoked due to lack of fitness to drive in accordance with § 3 (1) StVG in conjunction with § 46 (1) FeV. Furthermore, if there are concerns about the physical or mental fitness of the driver's license holder, the driver's license authority may order a specialist medical examination. A lawyer is usually only called in once an application for renewal of the driver's license has been submitted and the health problems have already been reported to the driver's license authority. Prior to this, the person concerned would have the option of renouncing their Class C, C1, CE, C1E, D, D1, DE, or D1E driving licenses if these are rarely used anyway. Since no renewal is necessary for a Class B driving license, the driver's license holder would certainly retain their car driving license by renouncing the other classes.
6. Exemplary procedure
If the driver's license office learns of the existence of sleep apnea syndrome, the driver's license holder is regularly requested to provide a medical report within a certain period of time. The future of the driver's license then depends on the results of the examination. Typical questions include whether the person examined is still able to fully meet the requirements for driving motor vehicles in groups 1 and 2 despite the presence of a condition that calls into question their fitness to drive according to section 11.2.3 of Appendix 4 of the FeV. In addition, the question is asked whether there is sufficient adherence (compliance; e.g., understanding of the illness, regular/monitored medication intake, indications of self-induced under- or overdose, etc.) and whether restrictions and/or conditions are necessary in order to continue to meet the requirements for driving a Group 1 and 2 motor vehicle. It also asks whether (a) professionally justified requirement(s) in accordance with Appendix 4 FeV (medical checks) is/are necessary. Furthermore, the report should state at what intervals and for how long checks are necessary, what should be checked and certified on a regular basis, and whether and at what intervals a follow-up examination is necessary. The detailed medical report often raises doubts about suitability, or the doctor considers frequent check-ups to be necessary. Occasionally, a so-called "driving behavior observation" is also required. This driving behavior assessment clarifies whether there are any limitations in cognitive performance that are relevant to driving suitability. A driving behavior observation involves a drive in the presence of an authorized driving school and the assessor. If this further assessment is not submitted on time, the driver will be deemed unfit and their driver's license will be revoked.
If administrative or criminal proceedings are initiated against you, it is essential to seek the help of a lawyer specializing in traffic law.
Illustration:
| Illnesses, impairments |
Suitability or conditional suitability |
Suitability or conditional suitability |
Restrictions/conditions for conditional
suitability |
Restrictions/conditions for conditional
suitability |
| 11.2 Sleep disorders |
Classes A, A1, B, BE, M, S, L, T |
Classes C, C1, CE, C1E, D, D1, DE, D1E, FzF |
Classes A, A1, B, BE, M, S, L, T
|
Classes C, C1, CE, C1E, D, D1, DE, D1E, FzF |
| 11.2.1 Untreated sleep disorders with daytime sleepiness |
No
if there is measurable abnormal daytime sleepiness |
No
if measurable abnormal daytime sleepiness is present |
- |
- |
| 11.2.2 Treated sleep disorders with daytime sleepiness |
Yes
if there is no measurable abnormal daytime sleepiness |
Yes
if there is no measurable noticeable daytime sleepiness |
Regular checks for daytime sleepiness |
Regular checks for daytime sleepiness |
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.