In which cases may a logbook requirement be imposed?
Pursuant to Section 31a of the German Road Traffic Licensing Regulations (StVZO), the administrative authority may require a vehicle owner to keep a logbook for one or more vehicles if it is not possible to determine a driver after an infringement of traffic regulations. The measure is intended to ensure that it is possible to identify a driver after a traffic violation in the future without difficulty.
What exactly has to be entered in the logbook?
The vehicle owner or their representative must enter the following information in the logbook for a specific vehicle for each individual journey
1. before the start of each journey
a) the driver's surname, first name and address,
b) the vehicle's license plate number,
c) date and time of the start of the journey and
2. immediately after the end of the journey, the date and time with a signature. Incidentally, the regulation does not require the entry of the mileage.
When should a logbook not be issued?
The investigating authority must inform the vehicle owner immediately (subject to special circumstances of the individual case, regularly within two weeks) of the offense committed with his vehicle, so that he can still reliably answer the question of who was driving his vehicle at the time of the offense.
The authorities would have conducted insufficient investigations if, despite the silence of the vehicle owner, there was an exceptionally good chance of identifying the driver in time, but the proceedings were hastily discontinued. The police must, for example, go to the address of the owner of the vehicle and investigate there to find the driver.
How can the owner defend himself against a logbook?
The person concerned can (only) take legal action against the driving log requirement under administrative law. An objection against the driving log requirement is admissible in accordance with § 69 VwGO, after which an action for annulment is to be brought before the competent administrative court.
The video was first broadcast on TV Mittel rhein and Westerwald-TV.
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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.