It is not exactly commonplace to defend individuals who are accused of a traffic offense without being in possession of a driver's license. Points are also entered in the driver suitability register in Flensburg if no driver's license is available. The system records not only drivers, but all road users who behave conspicuously in traffic. Points in Flensburg are only recorded from the age of 14, as this is when criminal responsibility applies. This may be the case, for example, for a young cyclist who does not require a driver's license and who runs a red light in violation of traffic regulations. The catalog of fines provides for a fine of EUR 100 if the red phase has already lasted longer than one second. This constitutes a so-called qualified red light violation, No. 132a.3 of the catalog of fines. A point may also be awarded against the owner of a car who has violated the obligation to present a vehicle for the required general inspection, contrary to No. 186.2.3 of the catalog of fines. If the deadline was exceeded by more than 8 months, a fine of €60 and an additional point in Flensburg may be imposed. According to Section 2.1.11 of Appendix 13 (to Section 40) of the FeV, two points in Flensburg are also incurred for driving or arranging or permitting the driving of a motor vehicle without a driver's license.
Prohibition of bicycle use in road traffic
Without a driver's license, it is of course not possible to revoke the driver's license as is otherwise the case with 8 or more points in accordance with § 4 V No. 3 of the Road Traffic Act. However, if a person attracts negative attention in road traffic, for example as a cyclist under the influence of alcohol (OVG Berlin-Brandenburg decision of February 28, 2011 – OVG 1 S 19.11, 1 M 6.11, BeckRS 2011, 48549. SVR 2018, 411, 415), the driver's license authority may, pursuant to § 3 I 1 of the Driving License Regulation, the driver's license authority may prohibit the driving of vehicles that do not require a driver's license on public roads (Fromm, SVR 2018, 411, 415).
Aptitude concerns in the case of previous entries in Flensburg
If this person then applies for a driver's license at a later date, the points entered may give rise to concerns about their suitability. If the person concerned applies for a (new) driver's license after accepting a fine or being sentenced to a fine, a check is made to see whether there are any points in the FAER. In principle, the driver's license authority may, in the case of a serious violation or repeated violations of traffic regulations, the driver's license authority may order the submission of an assessment from an officially recognized assessment center for driving aptitude (medical-psychological assessment) in order to clarify any doubts regarding aptitude.
Conclusion
It is irrelevant for the registration of points whether someone has a driver's license or not. If an application for a driver's license is submitted with previous entries, this may have negative consequences. For example, a medical-psychological report may be required, or the application may be rejected on the grounds of unsuitability.
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.