Driving bans and licence suspensions

A driving ban and the withdrawal of a driving licence have different meanings:

A driving ban of between one and three months may be imposed as a measure if the withdrawal of the driving licence does not appear to be absolutely necessary (Section 44 of the German Criminal Code (StGB)). The driving ban takes effect once the driving licence has been handed in to, or sent to, the office that imposed it. Once the driving ban imposed by the court, the police or an administrative authority has expired, the driving licence is automatically returned or sent back.

With the withdrawal of the driving licence (by a court or administrative authority), the licence becomes invalid. Any previously acquired rights are forfeited. A new application for a driving licence must be made.

When processing this application, the driving licence authority must carry out a comprehensive assessment of your fitness to drive a motor vehicle. This assessment must cover all physical, mental and character-related factors that must be present in order to rule out, as far as possible, any risk to the general public. Your conduct since the conviction will therefore also be taken into account.

Furthermore, the driving licence authority may also take into account criminal offences which, although expunged from the Federal Central Register, were required to be entered in the Driver Suitability Register. The required investigations (information from the Driver Suitability Register, inspection of records relating to fines and criminal convictions) take some time. It is therefore recommended that you submit an application for a driving licence to the driving licence authority approximately 6 months before the end of the disqualification period. If, in the meantime, you move into the jurisdiction of another driving licence authority, you must submit your application there.

In certain cases, you may be required to provide a fitness assessment in accordance with Section 13 of the Driving Licence Regulations (FeV) (Medical-Psychological Assessment – MPU). This is required, for example, if you have driven a vehicle on public roads with a blood alcohol concentration of 1.6 per mille or higher, or if you have repeatedly driven under the influence of alcohol.

If your driving licence is revoked during the probationary period, you must attend a rehabilitation course in accordance with Section 2a of the Road Traffic Act (StVG). If you have driven whilst under the influence of alcohol or other intoxicating substances, a special refresher course is mandatory.
The
appeals and supervisory authority for driving licence matters is the State Administration Office, Transport Department.