German drivers should inform themselves about the traffic rules in the respective foreign country before starting their journey. As is well known, the fines are often significantly higher than in Germany. If the person concerned does not have to pay the fine immediately on the spot, traffic offenses in other EU member states currently remain unpunished. The German government is behind schedule with the implementation of the framework decision 2005/214/JAI of February 24, 2005 on the application of the principle of mutual recognition of financial penalties and fines. However, this could change in 2009. However, fines imposed in Austria have always been easily enforced. But that is not the only reason why the traffic rules there should be observed.
There is currently no pan-European points register or network. In Europe, twelve countries have a central register for traffic offenses with different point limits. In Austria, the traffic offender file is called the "Vormerksystem". The "account systems" differ in detail: as in Germany, points are added in Denmark, Greece, Great Britain, Ireland, Poland, Slovenia and the Czech Republic. In the other system, the person concerned has a credit balance, from which points are deducted depending on the severity of the offense. This is how it is handled in Spain, Italy, France or Luxembourg. In Italy, for example, a points system was introduced in 2003. There is a "starting capital" of 20 points, and when the balance reaches zero, the driver's license is withdrawn. Although the points that a German has collected abroad are not entered in the central traffic register in Flensburg,
However, a points account can be created for the driver in question in the country in question, which then includes further traffic violations in that country. If the point limit has been reached on his or her points account, the right to drive there can be withdrawn. A foreign body cannot legally withdraw a driving license issued by a German authority, as otherwise the state would be interfering in foreign (German) sovereign rights.
If the Federal Motor Transport Authority learns of facts that have come to light abroad that may justify doubts about the fitness to drive of the person concerned, these must also be taken into account by the road traffic authority in Germany. If there have been significant or repeated violations of traffic laws, the driver licensing authority can assess the person's suitability to drive vehicles. In particular, findings from foreign authorities and courts regarding those who have committed drug and alcohol-related offenses are evaluated. When using evidence obtained abroad, the German authorities must check whether it was obtained in accordance with domestic standards, e.g. for determining blood or breath alcohol levels. If this is the case, a medical certificate or a medical-psychological certificate may be required for repeated violations in road traffic, e.g. under the influence of alcohol, or the German driving license may be withdrawn.
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.