Gone for Good: Permanent Motorist Disqualification in Germany and What Triggers It
- By Christian Hensen
- 2 Min
Face Suspension of Licence Due to Violations - Permanent Revocation of Professional License Granted
Navigating the ins and outs of Germany's traffic rules can be a daunting task, but driving violations can have severe consequences, including temporary driving bans and permanent revocation of one's driver's license. While German traffic law generally advocates leniency, specific infractions can incur harsher penalties beyond just minimal fines. However, it is essential to discern between these two disciplinary actions.
A driving ban is temporary and expires automatically after a specified duration, post which you can regain your driving privileges without any additional requirements. Typical offenses that result in such a ban include excessive speeding, disregarding traffic lights, or surpassing the legal blood alcohol limit.
The Driving Ban vs. Revocation of Driver's License - What's the Difference?
The duration of a driving ban can range from one to six months, depending on the gravity of the offense. First-time offenders even have the flexibility to surrender their license at the designated fine office. Nevertheless, this privilege is not extended to repeat offenders.
In contrast, revocation of a driver's license is a more severe punishment. Here, the license is invalidated permanently, and upon the expiration of the prohibition period, a new license application is mandated - potentially requiring the completion of a medical-psychological examination (MPU). The expenses for this procedure can surpass €2,000 - not including the fine for the actual offense.
The enumeration of offenses authorizing revocation is outlined in Section 69 the Criminal Code (StGB), and the aforementioned infractions fall into this category.
When Does the Stick Become a Permanent Ban?
Section 69a (1) of the Criminal Code also allows for the provision of a permanent driver's license revocation. In such cases, the MPU does not alter the decision. It asserts that the ban may be imposed permanently if it can be reasonably predicted that the legally permissible duration for mitigating the danger posed by the violator is insufficient. Should the offender not possess a driver's license during the stipulated timeframe, the ban stands as the sole punishment imposed.
When does the court employ this drastic and terminal measure? According to "Autozeitung," repeat violations of suspension periods, repeated intoxicated driving, or grave behavioral abnormalities can warrant a permanent driver's license revocation. In addition, criminal acts that employ vehicles as weapons or tools contribute to the list of reasons for the permanent revocation of a driver's license.
In certain scenarios, medical factors may provide the court with evidence that the offender's physical or mental health impairs their ability to operate a motor vehicle.
- According to Section 69a (1) of the Criminal Code, a permanent revocation of a driver's license may be imposed if it is predicted that the legally permissible duration for mitigating the danger posed by the violator is insufficient.
- Permanent revocation of a driver's license can occur due to repeat violations of suspension periods, repeated intoxicated driving, grave behavioral abnormalities, or use of vehicles as weapons or tools, as well as instances where medical factors indicate that the offender's physical or mental health impairs their ability to operate a motor vehicle.
In a community policy context, vocational training may be crucial for individuals whose driver's licenses have been permanently revoked, as they may need alternative means to gain employment and maintain their health-and-wellness, including mental health, through therapies-and-treatments.
