Is an EU driving license valid in Germany if you have lost your driving license in this country and the issue of a new one depends on an MPU report? In this article, Dr. Maik Bunzel valuable information on this topic. Dr. Bunzel is a specialist lawyer for traffic law and a specialist lawyer for criminal law. He advises, represents and defends clients throughout Germany.
Acquisition after the blocking period has expired
The most important thing in advance: the driver’s license must have been obtained after this any embargo period imposed in Germany has expired. It is therefore not expedient to simply have a foreign driver’s license issued long before the driver’s license revoked, for example if it was lost. Background: The foreign driving license authority must upon issue assumed that the owner is fit to drive. How and, if necessary, whether a test of fitness to drive abroad is carried out varies, but the German authorities are of no interest: If the foreign driving license has been issued, it can be assumed that the requirements for issuing it have been met. More on that shortly.
Residence requirement: The 185-day rule
In the course of European integration, the following has been in force since 1999: anyone who obtains a driving license in an EU member state can use it anywhere in the EU. The EU driving license proves that its holder has successfully passed a driving test in accordance with European standards and is otherwise fit to drive. However, he must have a normal place of residence in the EU country in which the fitness to drive is determined. In Section 7 FeV it says:
“A driver’s license may only be issued if the applicant has his normal place of residence in the Federal Republic of Germany. This is assumed if the applicant has close relationships between him and the company because of personal and professional ties or – in the absence of professional ties – because of personal ties Identify place of residence, usually, that means for at least 185 days a year, lives in Germany. “
This often leads to misunderstandings, but these are almost never relevant in practice. Because whether the person concerned had a place of residence in the issuing country is first asked by the German authorities in this issuing country. If the German authority’s request is answered with “unknown” or not at all, then the residence requirement has been met.
It does not matter whether the person concerned registered a main residence or a second residence in Germany at the same time or whether he worked in Germany. Because as long as the foreign authority does not participate in the investigation, it can generally be assumed that the driving license was rightly issued there.
Sounds weird? No, because imagine a Romanian driving license authority asking a German driving license authority whether a German EU driving license was rightly or illegally issued: Which German official would answer that he knowingly did his job wrong?
Driving without a license – is a criminal offense fulfilled?
Who with a invalid Driving an EU driving license is a criminal offense. Unfortunately, the police are quick to deal with such allegations. Public prosecutors and courts are also often not clear about the now unmistakable case law of the higher courts and the ECJ. Especially in criminal proceedings due to alleged violations of § 21 StVG, an experienced lawyer should be employed who knows the conditions under which an EU driving license can be used without any problems, even if the person concerned has previously been revoked and an MPU has been ordered.
Further questions?
Attorney Dr. Maik Bunzel will also advise you individually on questions relating to the EU driving license. Use the contact form on this page!
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: Maik Bunzel/Maik Bunzel
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