Fahrerlaubnis: Entzug der Fahrerlaubnis

§ Section 46 (1) of the Driving License Ordinance (FeV)

A driving license issued can be revoked by the driving license authority or by the criminal court in the event of unsuitability, traffic violations, alcohol or drug offenses.

A driving license issued can be revoked by the driving license authority or by the criminal court in the event of unsuitability, traffic violations, alcohol or drug offences. Revocation by the administrative authorities serves to protect the general public from unsuitable drivers. If the person concerned proves to be unfit to drive a motor vehicle, their driving license must be revoked. Withdrawal under criminal law is a disciplinary measure to ensure safety and improvement, not a secondary penalty, and is imposed by a penalty order or judgment following an offence committed in connection with the operation of a motor vehicle.

The person concerned has been granted the right to drive motor vehicles on public roads by a competent driving license authority. The driving license authority becomes aware of facts that give rise to concerns that the holder of a driving license is unsuitable or conditionally suitable for driving a motor vehicle (Section 46 (3) FeV). As a rule, facts can be

• the criminal offenses and administrative offenses to be recorded in the central traffic register kept at the Federal Motor Transport Authority (from 1.5.2014: driving aptitude register) in accordance with Section 28 (3) Nos. 1 to 3 StVG, which are assessed with points according to the severity of the violations and their consequences.
• Medical report (§ 11 para. 2 sentence 3 FeV)
• Medical-psychological report (§ 11 Para. 3 FeV)
• Expert opinion from an officially recognized expert or examiner for motor vehicle traffic (§ 11 Para. 4 FeV)
• Facts established by an officially recognized expert or examiner for motor vehicle traffic that give rise to doubts about the applicant's physical or mental suitability for a driver's license (Section 18 (3) FeV)
• Determination of an unlawful and reproachable act that constitutes an offense under the law

Unsuitability exists in particular if there are mental or physical illnesses (Annex 4 to the FeV), irremediable visual impairments (Annex 6 to the FeV) or deficiencies according to Annex 5 to the FeV that cannot be compensated for by conditions or restrictions; furthermore, in the event of significant or repeated violations of traffic regulations or criminal laws. In addition, the driver's license must be revoked if the person concerned is no longer qualified to drive motor vehicles, disregards orders from the driving license authority to attend advanced training seminars (from 1.5.2014: driving aptitude seminars) or has 18 points in the central traffic register (from 1.5.2014: 8 points in the driving aptitude register).

The decision of the driving license authority becomes effective upon receipt of the legally formative and onerous administrative act by the person concerned and the driving license expires at this time (Section 3 (2) sentence 1 StVG, Section 46 (6) FeV). When the judgment becomes final, the court will revoke the driving license issued by a German authority (Section 69 (3) StGB).

The driving license authorities are the district councils, (senior) mayors of the independent cities and the large cities belonging to the district. The authority with local jurisdiction is the authority of the place where the person concerned has his/her residence or, if there are several residences, his/her main residence; in the absence of such, the authority of the place of residence.

The court in whose district the offense was committed has local jurisdiction. The place of jurisdiction shall also be the court in whose district the defendant is domiciled at the time the action is brought. In the absence of such, the usual place of residence shall be used to determine the place of jurisdiction. The place of jurisdiction shall also be the court in whose district the defendant was arrested.