Führung eines Fahrtenbuches - Anordnung

If it has not been possible to identify a driver following an infringement of traffic regulations, the administrative authority may order the vehicle owner to keep a logbook for one or more vehicles registered to him or to be registered in the future. The administrative authority may designate one or more replacement vehicles. The requirement to keep a logbook is a measure to avert risks to road safety and order. In addition to the obligation to register and mark vehicles as stipulated in §§ 3, 4 of the Vehicle Registration Ordinance, it is intended to ensure that in future it will be possible to identify a vehicle driver without difficulty following an infringement of traffic regulations. The obligation to keep a logbook is in line with the Basic Law.

For each motor vehicle named in the order, reliable proof of who was driving the motor vehicle must be provided with a logbook for each individual trip, and the logbook must contain the following information for this purpose:

• Registration number of the vehicle
• surname, first name and address of the driver
• Date and time of the beginning and end of the journey
• Signature of the vehicle owner or the authorized representative

The logbook shall be kept by the keeper for six months after the expiry of the period for which it is kept. The keeper shall hand over the logbook for inspection at any time upon request to the body ordering the logbook or to the body designated by it or to other competent persons at the place specified by the ordering body.

It is a violation of traffic regulations. The traffic violation must have actually been committed. It was not possible to identify the driver(s) responsible for committing the traffic violation. The owner was notified of the traffic violation committed. The addressee of the driving record is the owner of the vehicle concerned. In Mecklenburg-Western Pomerania, the subject matter jurisdiction is based on the Road Traffic Jurisdiction State Ordinance (Straßenverkehr-Zuständigkeitslandesverordnung) as state law within the meaning of Section 68 (1) of the Road Traffic Licensing Regulations (StVZO). In most cases, the lower administrative authority is responsible. The local authority responsible for ordering the driving record is the authority in whose area the person concerned has his place of residence, or alternatively his place of abode (Section 68 (2) sentence 1 StVZO). A prerequisite for the legality of a driving record requirement is not only the existence of the prerequisites for the facts, but also that the authority has properly exercised the discretion granted to it. This includes, in particular, the question of the duration for which the driver's logbook requirement was imposed.

The following fees may apply:

Order to keep a logbook including checking the entry (fee number 252 of the annex to § 1 of the GebOSt): 21.50 Euro to 200.00 Euro.

The vehicle owner or his/her representative shall enter in the logbook for each vehicle specified in the order and for each individual journey, before the beginning of each journey, the surname, first name and address of the vehicle driver, the registration number of the vehicle and the date and time of the beginning and end of the journey. After the end of the journey, the date and time must be entered immediately with the driver's signature. The keeper shall hand over the logbook to the body ordering the logbook, or to the body designated by it, or to other competent persons, upon request, at any time at the specified place for examination, and shall keep it for six months after the expiry of the period for which it must be kept. Orders for a driver's logbook to be kept for violations of traffic regulations are stored in the local and central vehicle registers (§ 33 StVG).

The lapse of time between the commission of the traffic offense and the time when the driving record is ordered depends on the circumstances of each individual case (duration of the investigation, business load of the authorities concerned, participation of the owner as a witness) and is not amenable to a general abstract clarification.

A breach of the obligations to keep the logbook properly, to hand it over on request or to keep it for the prescribed period may be punished by a fine. The administrative authority may also extend the order under Section 31a of the Road Traffic Licensing Regulations to vehicles of an owner other than the vehicle (including replacement and successor vehicles taking its place) with which an infringement of traffic regulations was committed.

The administrative authority may order a vehicle owner to keep a logbook for one or more vehicles registered to him or to be registered in the future.

Without prejudice to the responsibilities of the police and the courts, the district councils and (lord) mayors of the independent cities and the large cities belonging to districts in their area shall be the competent administrative authorities for the prosecution and punishment of traffic offences. For the prosecution and punishment of administrative offenses according to § 24 of the Road Traffic Act in the area of stationary traffic, including traffic monitoring, the heads of the municipalities and the mayors of the independent municipalities are responsible for their district, without prejudice to the responsibility of the police. Within the scope of their dutiful discretion, all of the above bodies may, as administrative authorities, order the keeping of a driver's logbook.