In practice, the new legal situation regarding the mandatory exchange of old driver's licenses is already having an impact. Namely, many people are neglecting to exchange their old pink driver's licenses for a card-based license. The risk is high given the complex deadlines and the low level of public awareness. In fact, the driving licenses of many millions of drivers are gradually expiring. For some age groups, the obligation to exchange has already expired.</p>
Exchange requirement for driver's licenses
According to § 24a II FeV, driving licenses issued before January 19, 2013 must be exchanged by the date specified in Appendix 8e of the FeV. This regulation goes back to the third EU driving license guideline 2006/126/EC. The German legislature implemented the directive with § 24 a FeV. The EU wanted to achieve a Europe-wide standardization and increase the forgery-proofing of driving license documents.
Phased plan for exchanging driving licenses
The legislator has introduced a phased plan according to which the old driving licences will lose their validity. Depending on the age of the driving licence holder and the date of issue of the driving licence, different deadlines apply. The table in Appendix 8e shows when driving licenses issued up to and including December 31, 1998 must be exchanged. For the author, born in 1974, who was issued a pink driver's license in 1992, would have to exchange it by January 19, 25. For example, drivers born in 1970 had to exchange their licenses as early as January 19, 24. Incidentally, it is also possible to exchange your driver's license earlier. Incidentally, a new document is issued without a test or a health check. To do this, you need the old driver's license, the (valid) identity card and a new passport photo. The driver's license exchange costs around €25.
The second part of the table in Appendix 8e deals with driving licenses issued on or after January 1, 1999. The starting point is not the year of birth, but the date of issue of the licenses. For example, driving licenses issued in 2011 do not have to be exchanged until 2032. The author was issued a new card-style driver's license in 2015 because he also passed the motorcycle class A test that year. This meant that the above requirement to exchange the old pink driver's license no longer applied to him. However, the new driving license states an expiry date of 2030 under 4b. The new EU driving license must be renewed every 15 years, as stated in EU Directive 2006/126/EC and § 24a I FeV.
If the exchange of the driver's license is missed, the driver's license loses its validity after the deadline, § 24a II 2 FeV.
Constitutionality of the exchange requirement?
The exchange requirement is generally considered to be constitutional.[1] This assessment is surprising, since previously unlimited driver's licenses are being made limited retroactively and old driver's licenses become invalid after the exchange period.
No criminal driving without a license if you fail to exchange your license
If you let the deadline for exchanging a class A or B license pass, it doesn't mean that you've lost your license. The latter is valid for life. The expiry date only refers to the driving license document and not to the content of the driving authorization,[2] unlike truck and bus driver licenses. The driver license is only the document that confirms this driving authorization. Therefore, one is not liable to prosecution for driving without a license according to § 21 StVG. The only penalty is a warning fine of 10 euros according to § 75 no. 4 FeV in conjunction with § 4 II 2 FeV in conjunction with no. 168 of the BKatVO.
No penalty for failure to fulfill the exchange obligation
There is no fine for violating the obligation to exchange according to § 24a I FeV. Only driving a vehicle in road traffic constitutes an administrative offense, although clients often report that the prosecuting authorities do not notice a failure to comply with the conversion obligation during routine checks.
In this context, there is often a need for advice. If problems arise, it is essential to seek the help of a Lawyer specializing in traffic law.
[1] Dauer, DAR 2021, 245.
[2] Koehl, in Haus/Krumm/Quarch, Gesamtes Verkehrsrecht, 3rd ed. 2021, § 24a FeV, para. 1.
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.