Withdrawal of the driving license? References to barrier period, re-granting, costs and CO.
The driving license withdrawal threatens not only car drivers
If a road user Often driving too fast, there is not only the threat of a Driving ban, but also the Revocation of the driving license.
However, both measures can occur not only in the case of speeding offences. Also who is caught several times with alcohol or drugs at the wheel, must fear a driving ban or the driving license withdrawal. However, one of these is more far-reaching, lengthy and costly than the other.
The differences and the consequences of both measures will be explained in this guidebook. What you can do if you lose your Driving license lost, you can also read in this article.
FAQ: Driving license revocation
Possible reasons for a driver’s license suspension are drugs and/or alcohol behind the wheel, criminal offenses in traffic or reaching eight points on the Flensburg points account.
If your driver’s license is suspended, you are generally disqualified from driving a motor vehicle in traffic. In the event of a driving ban, you must temporarily surrender your driver’s license, but as a rule you will automatically receive it back after a maximum of three months.
If your driver’s license has been revoked, you can only get it back by getting a new license. You can apply for the new driving license already six months before the expiration of the ban period. However, you must usually meet certain requirements, such as z. B. the passing of an MPU.
Specific advice on driver’s license revocation:
If the driver’s license is revoked, the person concerned may only reapply for a driver’s license after a so-called blocking period has elapsed. What is an isolated suspension of the driver’s license in this context? » Read more.
Can you still appeal against the driver’s license revocation? Or are there other possibilities? Find out in the guide which legal remedies are available to you in order to be able to avert the revocation of the driver’s license with appropriate justification. » Read more.
It is forbidden to drive a vehicle under drugs – every driver’s license holder knows that. However, not only the consumption, but already the possession of drugs can affect the driver’s license. Read more about this topic in our guidebook. » Read more.
With the loss of the driver’s license is also compulsorily associated with a driver’s license suspension. During this time you may not drive a motor vehicle. How long this suspension period can be and from when it starts, you can find out here! » Read more.
For some criminal offenses, a temporary driving ban can be ordered as a provisional measure. This is to reduce the dangers for other road users. But when is the provisional withdrawal of the driver’s license possible and how long does the measure last?? » Read more.
In the event of a self-inflicted car accident, depending on the facts and the damage, the driver’s license may be revoked. What the law says about this and what other offenses lead to a revocation of the driver’s license, you can learn here. » Read more.
In the case of determined driving incapacity it comes fast to the driving license withdrawal and an associated ban period. However, the latter can often be shortened. Here you can find out when an application for a reduction of the driving ban is possible and what the contents of this are. » Read more.
Especially if drugs are involved, the authorities may come to the conclusion that the delinquent is no longer fit to drive a motor vehicle and consider revoking the driver’s license. In such a case, the person concerned can voluntarily waive the driver’s license. You can find out all about this here! » Read more.
How long does the ban period last after the driver’s license has been revoked? Can the period be shortened? If an MPU is required? This article provides you with all the information you need about the suspension period – some stumbling blocks the suspension period holds in store for traffic offenders. » Read more.
Information on the Loss of driving license
If you want to improve your Driving license lost have or he gives you was stolen, Find out how and where you can apply for a new driver’s license in our guide to losing your driver’s license.
No desire to read? The revocation of the driving license explained in the video
Suspension of driving license versus driving ban
Anyone who commits a particularly serious road traffic offence or causes a misdemeanor on more than one occasion usually has to reckon with various measures that are regulated by German road traffic law. The two most severe measures in traffic law are the following Driving ban and the withdrawal of the driving license. In passing, the Deprivation of liberty as a consequence of serious offenses in criminal law are mentioned, which can also be ordered as a measure in the context of road traffic.
These measures should traffic safety increase. In addition, they serve the traffic education of road users and are intended by their special severity deter. The penalties are particularly annoying for frequent drivers who are dependent on the vehicle for professional reasons. Nevertheless, the measures are essential for the smooth behavior in road traffic.
The driving ban
The biggest difference from being banned from driving to having your driver’s license revoked is the time limit. A driving ban can only for a minimum of one month and a maximum of 3 months be imposed.
You also have to surrender your driver’s license, but the reissuance is made easier here. After you are charged with an offense for which a driving ban is imposed, you usually have 2 weeks time to file an appeal. If this does not happen, the penalty notice and the driving ban imposed with it will legally binding. In principle you have Four months time to surrender the driver’s license.
However, this four-month period only exists if you have been within the last two years have not already lost your driver’s license. The document must be handed in at the office mentioned in the fine notice. This can be a competent authority or also the local police department. Those who cannot make use of the four-month period must hand in their driving license immediately after the penalty decision has become final.
No vehicle may be operated during the period of the driving ban. Even mopeds, for which no driving license is required, may not be driven. Should you still do this and you are checked, you can be charged with
The withdrawal of the driver’s license may be threatened for various offenses
- a Imprisonment up to one year,
- a fine or
- the Revocation of the driving license
the driving license may be revoked after the expiry of the driving ban be sent by mail, i.e. cash on delivery. However, this procedure is associated with a fee for the dispatch. The second option is to return your driving license directly to the authorities or to the police. to be collected by the same institution where it was handed in.
The driving license withdrawal
The opposite of the driving ban is the revocation of the driving license. The measure is also called a driver’s license revocation, although it is legally correct to speak of a driver’s license revocation. The revocation of the driving license defines the "deprivation" of the permission to drive a vehicle. This can happen for various reasons, such as drunkenness in traffic, serious hit-and-run or due to the points excess in the driving suitability register.
In the case of a driving ban, the driving license, i.e. the document per se, is surrendered. Driving license revocation or loss defines the "giving up" of the permission to drive vehicles.
The driver’s license is suspended by an Court or the administrative authority ordered. As soon as the sentence is legally effective, the driving license is invalid. It is either retained by the competent officials or marked with a note of invalidity. In addition, a ban period is imposed. This amounts to At least 6 months, often lasts even longer. Already 6 months before the end of the period the road user may apply for the driver’s license to be reinstated.
However, it cannot usually be regained without further ado. Usually, the competent driving license authority imposes conditions. These are to be understood as requirements which must be fulfilled in order to regain the driving privilege. As examples here are a MPU, i.e. a medical-psychological examination, or a retraining course for the respective driving license classes.
If you participate in road traffic, you must expect not only fines but also the withdrawal of your driver’s license
Driver’s license revocation is classified into two categories:
- revocation of the driving license by the court: After a traffic offense, a suspension period is imposed. Six months before its expiry, the driving license can be reapplied for.
- Revocation of driving privileges by driver’s license office: After a serious traffic offense, for example, after reaching the maximum number of points in Flensburg, the driver’s license office examines any conditions under which the new issue is tied.
Provisional withdrawal of the driving license
The officers can already temporarily withhold the driving license if the officers "Imminent danger" see. This term comes from procedural law and refers to the authority of the competent authorities to suspend the driver’s license to be withdrawn provisionally, if they believe that harm would occur. In these cases there is often a temporary loss of driving license:
- Endangering road traffic
- unauthorized departure from the scene of an accident causing death or serious injury to a person or causing significant damage to property belonging to others
- Drunk driving
- Intoxication
Further guide to the topic:
Withdrawal of driver’s license: When is the "rag" gone??
driving license revocation because of alcohol at the wheel
The withdrawal of the driving license can be ordered for various reasons. In this chapter most of the reasons are listed. In addition, the possible consequences should also be explained here, so that you know in time what is coming to you.
Drugs and alcohol: driving license revocation
Who drinks alcohol and sits down at the wheel of a vehicle, endangers not only itself, but particularly also other road users. For this reason, the federal government introduced severe penalties for this offense. The highest measure is the Suspension of driving license due to alcohol.
Although the blood alcohol level limit is 0.5. However, if a person endangers the traffic and other participants, he or she may be already from 0,3 per mille to be held accountable. In addition to a custodial sentence or fine, the revocation of driving privileges is also a possible consequence of the offense.
The absolute driving incapacity is legally given with a value of more than 1.1 per mille. Here the driving license threatens immediately with alcohol.
repeat offenders must expect higher penalties, even if only small amounts of alcohol in the blood are detected.
The consequences of driving under the influence of alcohol and drugs are often participation in an MPU and/or loss of driving license. The subjects Cannabis and driving license are also often associated with driving disqualification. Here, however, it depends on the individual case and the local authorities. It cannot be said in general what is ordered with which amount of drugs in the body.
Driver’s license revocation for alcohol only threatens particularly serious offenses or repeat offenders. As a rule "only" a driving ban imposed. At driving license revocation because of drug possession or consumption however, this is different. Here it comes more frequently to this serious measure.
In addition, to regain your driver’s license, that is, if you lose your driver’s license, a so-called Proof of abstinence are required. Here you must in a certain period, regularly to tests to prove that you have not consumed drugs or alcohol.
Driving bans are imposed in contrast to the withdrawal of a driver’s license due to Alcohol already from the first offence against the promille limit imposed. This is a driving ban of one month. At the second and third offense, you must already expect a driving ban of 3 months. The graduation of the driving bans is the same for drugs behind the wheel.
Driving license revocation for speeding
A loss of driver’s license in the actual sense is not common in the case of speeding. As a rule, "only" driving bans are imposed here. Colloquially, however, this measure also refers to the withdrawal of a driver’s license for speeding.
The driving bans last one to 3 months. There is the following graduation:
| 1 month | from 31 km/h too fast* | from 41 km/h too fast* |
| 2 months | from 51 km/h too fast | from 61 km/h too fast |
| 3 months | from 61 km/h too fast | from 71 km/h too fast |
| * from 26 km/h for repeat offenders (twice at least 26 km/h too fast within one year) | ||
Special rules apply to repeat offenders: Who within a period of 12 months twice the speed by At least 26 km/h must surrender the driver’s license for one month. If you receive a driving ban for one of the two offenses based on the schedule of fines, the ban is extended by one month. The period of one year begins with the first offense over 26 km/h.
In principle, the withdrawal of the driver’s license for speeding is annoying. Frequent drivers resp. However, drivers who rely on the vehicle are hit hardest by this. So what to do if the driving license is to be revoked?
Often, a driver’s license can be waived for excessive speed. However, this depends on the respective court and is decided differently from case to case. Therefore, if you urgently need your driving license, a lawyer in traffic law is strongly recommended.
Over the years, due to various court rulings have become different groups of cases are crystallized, in which the chances are higher to escape a driving license loss:
- Momentary failure: An otherwise focused driver disregarded traffic and its rules for a brief period of time.
- Threat to existence: Drivers who are self-employed, i.e. own their own business, need the driving license in order to continue running the business.
- Job Hazard: Drivers who are in employment face the loss of their job and livelihood if their license is lost.
- Time lapse: If there is a long period of time between the offense and the court decision, the driving ban can be waived or the driver can be suspended. the driving ban can be shortened. The period is usually 2 years. However, this case is only effective if the driver did not cause the long duration of the procedure himself.
- Emergency situation: Sometimes the suspension of the driver’s license can be waived if the driver had to fear an emergency-like situation. As an example, for example, a personal or professional exceptional situation: A cab driver was forced by a guest to hurry and was acquitted of the driving ban.
- Circumstance: If the driver was forced to hurry due to personal circumstances. Cases can be cited here in which the judge showed "mercy" because the person involved is a paraplegic wheelchair user who lives in a village and has to drive to the next largest city to get groceries.
- Circumstances of the offence: The driver has committed the offense due to special circumstances in the individual case. This can be, for example, a volunteer fire department leader who had to drive faster in a particular case. This group of cases must involve special community service.
- Prohibition error: If there is an avoidable error of prohibition, the temporary loss of driving license can be waived. As an example a confusing signage can be named. Thus, if it is not clear whether there is a speed limit, it is often possible to refrain from revoking the driver’s license.
If the driver’s license is revoked, problems can arise at work
These groups of cases have often been "proven", but here only in the Individual case Be decided. For this reason they are not the rule. Occasionally, courts rule in favor of the traffic offender if he or she practices a particular profession, such as a doctor or lawyer. Nevertheless there are also many judgements, which would negate this again. For this reason, it is recommended, that a lawyer is consulted. Only with his advice can increase the chances in escaping the ban on driving.
In addition to these groups of cases, other methods have also proven effective. If, for example, the driver takes part in a Advanced seminar If the driver has a third driving ban, the driving ban can be waived. This usually happens only in combination with other actions, which the motorist seizes. Is additionally Improve your behavior in traffic to recognize, the driving license can not be lost here either.
The chances of getting a retribution are especially high if the speeding offender is for the first time of a possible loss of driver’s license is concerned. The chances decrease if the driver already has to fear, for example, the third driving ban.
Who loses his driving privileges in the course of speeding merely permission with the class with which he committed the crime, to drive. This means, for example, that a driver who has been speeding in a car only loses his right to drive a class B car. If he is a professional driver, he can continue to practice his profession, as this class remains with him. This regulation is not possible with a driving license withdrawal because of alcohol or drugs.
Basically, it must be said that a waiver of the driving ban is always a Fine increase has as a consequence.
If, exceptionally, a driving ban is not imposed, the fine provided for as the standard rate for the offense in question should be increased appropriately.(§ 4 paragraph 4 fine catalog regulation)
Driving license lost after red light violation
Also a red light offence represents a particularly heavy traffic offence. Running a red light can create hazards for other road users such as bicyclists or pedestrians. For this reason, this offense is also Driving bans imposed. A person who runs a red light and thereby constitutes a hazard can be punished with a driving license suspension of one month. This regulation already applies in the case of a red light violation, where the traffic light showed red for less than one second.
According to German law, an offence is considered to be endangering if the offender "thereby endangers the life or limb of another person or property of significant value" (Section 315c of the German Criminal Code). The latter is spoken of when the value of the Damage to property usually 750 euros exceeds.
If a traffic light is run over, which already displayed in red for more than one second, In some cases, this can result in a fine, imprisonment for up to 5 years and the revocation of driving privileges. Here, however, it depends on the severity of the offense, according to which is judged what consequence the driver has to fear and whether the driver’s license will be lost.
Again, the driver who is to be disqualified from driving has options to escape this. The largest group of cases here is the Momentary failure dar. There are known court rulings in which the defendant was able to prove that as a result of
- Irritations,
- confusion or
- Temporary, simply negligent inattention because of a distraction
has acted. The chances in these cases increase if the Periods between the lighting of the red light and the crossing of the stop line greater be. In this case, the court assumes that the driver did not act in gross breach of duty, but caused the red light violation because of the consequences just mentioned.
Suspension of driving license also threatens with a red light offence
The Bavarian Higher Regional Court, however, ruled in a case where the defendant driver blindly followed the car in front and drove through the red light in such a way that here it is not possible to speak of a so-called Pull-along effect can be assumed. This means that for this reason the driving license can still be revoked.
A popular justification for running a red light is the fact of the Glare as a result of sunlight or an oncoming vehicle in the darkness. Various court rulings indicate that with this reason can not be considered a driving ban. You justify your decision by saying that vehicle drivers must adjust their speed to the surrounding conditions.
Driving license revocation during the probationary period
The driver’s license can also be revoked during the probationary period. This usually happens if 3 A-violations resp. 6 B offenses to be committed.
An A offense is a serious offense, which can be, for example, hit-and-run driving, coercion or drunk driving. B offenses, on the other hand, are less serious offenses: worn tires, parking violations or cell phone driving. The order for novice drivers to lose their license is as follows:
A violation → 1. A-offense in the extended probationary period (extension of the probationary period) → 2. A-offense in the extended probationary period ⇒ loss of driving license
2 B violations (extension of probationary period) → 2 B violations in the extended probationary period → 2 B violations again in the extended probationary period ⇒ driving license revocation
With the withdrawal of the driving privilege a Suspension period imposed. This can be done by 6 months up to 5 years persist. Six months before the expiry date, an application can be made for a new driving license to be issued.
Whether for it a renewed driving school training must be completed or at a medical-psychological examination Whether you have to take part in an additional training course depends on the individual case.
If the driving privilege is regained, the probationary period begins anew. If the novice driver then commits traffic violations, the penalties may be higher than usual. In addition to the suspension of your driver’s license during the probationary period, it can also lead to a imprisonment come.
The driver’s license can also be lost if a novice driver did not participate in the postgraduation seminar. Then the law assumes that he is not capable of driving a vehicle.
The suspension of driving licenses for criminal offenses
We want to stop criminal careers as early as possible. With the withdrawal of driving privileges, we are hitting adolescents, who are just experiencing the freedom of their own mobility, sensitively and encouraging them to think about it. (Hans-Peter Uhl, CSU, in an interview with the daily newspaper "Die Welt")
As an alternative to imprisonment and fines, the CDU/CSU and SPD want to enforce the loss of driving license in the future even for criminal offenses. Here’s how people who commit theft could soon have their driver’s licenses revoked. However, the discussion is still at an early stage. The driver’s license can therefore not be lost if drivers commit a crime.
More than 8 points mean a driver’s license revocation
If eight or more points result, the holder of a driving license is considered unfit to drive and the driving license must be revoked. (§ 4 paragraph 5 Road Traffic Act)
As a result of the change in the total number of points for the driving suitability assessment system, a driver can now have receive a total of 8 points, until the driver’s license and driving privileges are revoked. This measure of obtaining points is intended to serve traffic education and is aimed at Behavioral and attitudinal changes the driver from. Studies of some European countries showed that the point systems are only effective if the drivers’ driving privileges can be revoked in the end.
Before a driver’s license is revoked for too many points, the competent authority must make a Admonition (for 5 points) and a warning (for 7 points) send. If another point is then obtained in the driving suitability register after the warning, the consequence is the revocation of the driver’s license. Here, the offence date principle plays a decisive role.
If you exceed the 6-point limit, without having received a warning, the score must be reduced to 5. The same is true when reaching 8 points. If you don’t get a warning before, your score will be lowered to 7 points.
If you appeal against a penalty notice, the points will not be postponed. They are nevertheless valid from the day when the offense was committed.
After a motorist has reached 8 points and lost his driving license, the Blocking period. First six months before their expiry he is allowed to obtain the reissuance of the driving license apply for.
If you still drive a vehicle during this period, this is considered driving without a license and can even be punished with a imprisonment be penalized. However, after the driver’s license is revoked for too many points, you can operate vehicles without a driver’s license:
- motorized wheelchairs for physically handicapped persons with electric drive, an unladen mass of up to 300 kg (including batteries), a maximum permissible mass of 500 kg, a maximum speed of no more than 15 km/h and a maximum width of 1.10 m, and
- self-propelled machines and forklifts, which are intended for agriculture and forestry and do not exceed 6 km/h, as well as single-axle towing and working machines, which are steered with handlebars
In addition to these vehicles, you can still drive other vehicles despite the driving license suspension. There are vehicles, which can be driven with a valid test certificate may be driven. The prerequisite for the test certificate is a training certificate (issued after a certain number of rides or training sessions). theory lessons in a driving school) and a theory test. This allows you to drive the following vehicles:
- Mopeds, i.e. single-track, single-seater bicycles with an auxiliary motor (also without pedal cranks) with a maximum design speed on level ground of 25 km/h,
- two-track and electrically driven mobility aids, which are steered by shifting weight, so-called Segways,
- invalid carriages with a maximum design speed exceeding 10 km/h
The suspension period of the driver’s license
After a driver’s license has been suspended, the period of ineligibility from the driver’s license usually begins. During this period, the traffic offender may do not need to apply for a new driver’s license. The length of the suspension period depends on the individual case. The ban period of the driving license was introduced, so that an affected person, who is not suitable in terms of character to drive a vehicle, can no longer participate in public road traffic. Thus, the criminal court makes a prediction as to the amount of time it will take for the defendant to show improvement from his or her behavior. The ban period lasts on average about 9 to 11 months.
After the expiry of the period of suspension from the driving license, this Not directly re-served. It must be applied for again. Further additional Measures or. Requirements which the driver must fulfill.
In order to obtain the driving license reinstatement, the office must conduct an examination
The responsible driver’s license office then checks on its own responsibility what the defendant needs in order to regain his driving license or. Whether the person concerned has regained the required fitness to drive in order to be allowed to operate a vehicle.
If the driving license was already revoked before the court hearing, i.e. the motorist was unable to make use of his driving license during that time, the remaining ban period is defined as follows. If, for example, the judge sets a ban period of 12 months and the time between the driver’s license revocation and the court ruling was 6 months, the defendant must wait for a ban period of another 6 months. The period of the provisional seizure of the driving license is already considered with the judgement.
As a rule, the suspension period begins on the date on which the court last examined the facts of the case. This day is set for the beginning of the suspension period:
- Proceedings were held before the Local court terminated: Date of termination of the main trial
- Proceedings were initiated with the Legal force of a penalty order ends 1 : date of issuance of the penalty order
- Proceedings were held in the main hearing in an Appeal instance ends 2 : date on which the appeal verdict was pronounced
- Appeal against a judgment of the district court has been withdrawn: Date of the end of the main hearing
1: This is the case if no appeal has been lodged resp. an appeal that has been filed has been withdrawn.
2 : In this case, the period of ineligibility is reset in the court of appeal. Although the previous period of driver’s license revocation is usually taken into account, a period of ineligibility at least 3 months amount to. Thus, it may possibly happen that the remaining ban period is extended to at least 3 months.
The last factual decision of the court is also already counted towards the period of ineligibility from the driving license. If the court issues the sentence on a 16. of a month, the period of ineligibility ends on 15. of a month.
An application for the reinstatement of the driver’s license can be 6 months before the expiry of the ban period are placed. The time is based on the fact that the processing time of an application at the responsible driver’s license authority usually.
According to § 69a of the Criminal Code, the suspension period can be at least 6 months and a maximum of 5 years amount.
The minimum period of ineligibility is one year if the offender has already been ordered to serve an ineligibility period once in the three years prior to the offense. (§ 69a paragraph 3 StBG)
The isolated blocking period
If a driver’s license cannot be revoked, this is called an isolated suspension period. This means, if the person concerned is not entitled to drive, he/she may still be subject to a suspension period. This happens whenever the driving license authority assumes that the person will have to wait for a certain period of time in order to be able to apply for a driving license.
The lifetime ban period
In some cases, the suspension period for life last. However, this is very rare and is imposed as a result of these offenses:
- regular drunk driving
- the car is used as a weapon for criminal offences such as robbery
- Driving despite several driving license suspension periods
- Driver is notorious offender such as tailgater or speeder
- Driver reacts aggressively to other road users such as thugs
According to Section 69a of the Criminal Code, the lifetime ban period can always be imposed "if it is to be expected that the statutory maximum period is not sufficient to avert the danger posed by the offender".
The reduction of the ban period
Six months before the expiry of the ban period, the driver’s license can be reapplied for
A shortened period of ineligibility is advisable if you are professionally dependent on the driving license. Various institutions offer a Reduction of the ban period to. But be careful: Not at all courts this can be obtained if training measures have not been taken. For this reason, a lawyer is recommended, who can provide information on which court the chances of success are high.
The shortening of the ban period depends on this, what training measures you have taken, in order to be able to present the court with an improvement in behavior. In most cases, the ban period can be shortened by up to 3 months with appropriate measures. In this case it is advisable to talk to a lawyer or the court in good time about the plan to reduce the ban period. The possibility of shortening it is then considered.
The period of ineligibility can be lifted if it amount to at least 3 months has. According to section 69a paragraph 7, it can be shortened after at least one year if the person concerned has already been ordered to serve a ban period in the last 3 years.
Driving license back with the reissue
After the driver’s license is revoked, the ban period follows. If this is successfully completed, the driving license can be reissued. This may already be done 6 months before the expiry of the time limit. After receiving the application for reinstatement of the driver’s license, the competent driver’s license authority examines possible measures that the driver must fulfill in order to be able to obtain a driver’s license again.
In exceptional cases, the driving license authority may a new driver’s license test according to § 20 paragraph 2 of the driving license ordinance (FeV) order. This can be done as soon as the authority is of the opinion that the person concerned no longer possesses the required knowledge and skills after the driver’s license has been withdrawn.
The end of the blocking period thus means not automatically the reissue of the driver’s license. This can only be done with an application for reinstatement of driving privileges. To do this, you must submit the necessary application to the relevant driver’s license authority.
This then checks whether measures have to be taken to get the driving license again. Mostly this is the Medical-psychological examination (MPU). This usually occurs if you have lost your driver’s license because you have reached the maximum number of points in the central traffic register in Flensburg. If the driving license has been revoked because the person concerned suffers from a drug or alcohol dependency, an additional proof of abstinence be achieved.
Whether an MPU will be necessary for you to get the driving license back through a reissue depends on the individual case from. You should therefore contact your lawyer or the driving license authority. The reissue of the driving license can be granted if the measures have been successfully completed. The costs and necessary documents must also be requested from the appropriate authority, as this is also dependent on the federal state.
Driving license back without MPU?
The MPU is associated with high costs. Who cannot pay this resp. If the person concerned receives a negative opinion, the Limitation after the driver’s license has been revoked. According to the law, the statute of limitations is tolled with the help of Redemption periods reached. According to paragraph 29 of the StVG, every criminal offense or misdemeanor has a period of redemption. Once this period expires, the offence that led to the suspension may no longer be held against the person concerned.
In the case of criminal offences followed by the (isolated) revocation of the driver’s license, possess a 10-year redemption period. This means that the statute of limitations occurs 10 years after the driver’s license was lost. It does not matter whether the driving license was lost because of an alcohol and drug offense or because of another offense.
After the driver’s license has been revoked, there is usually the threat of an MPU
An affected person must imagine it as follows: The offense is collected in a file. In the case of a driver’s license revocation, this document is also kept in the file. If you fail the medical-psychological examination or the driving test, the driving license can be returned. receive a negative opinion, this is also stored in the file. All documents, which are here, can be charged to the driver. 10 years after the loss of the driver’s license the statute of limitations or. Redemption period. This has the effect that the file is usually deleted. This means that the driving license authority can no longer order you to undergo an MPU, as they know virtually nothing about the offense. Of course, this system is a bit more complex in reality, nevertheless it should outline the factual situation for consumers.
So how does the procedure work: Driving license back without MPU? The 10-year redemption period has different start dates, so that the the statute of limitations does not expire until after 15 years can occur:
- in the case of criminal convictions: Start on the day of the first judgment
- in the event of withdrawal, refusal or surrender of the driver’s license, as well as the ordering of a ban period: Repayment period begins with the (re)issuance of the driver’s license
- in the case of administrative and judicial decisions imposing fines for misdemeanors: Start date is the day the judgment becomes final
- in the case of traffic-psychological consultations as well as postgraduate seminars: Start of the time limit on the day of issuance of the certificate/when the driving authorization is waived: Time limit starts on the day of receipt of the waiver by the authority
From a Disallowance is always spoken when the driving privilege is revoked due to an illness or disability. The driving authorization in this case assumes that the person is not suitable for public road transport.
The order of the MPU itself cannot be time-barred. However, the statute of limitations expires for the offense for which the MPU was ordered. Thus, as a rule, the statute of limitations after the driver’s license revocation begins only with the new issuance of the driver’s license, but no later than five years after the complaining decision of the court or. the legal force of this.
So the redemption period takes maximum 15 years and starts with the legal validity of the decision. After this time, an application for a new driver’s license can be submitted. The responsible driving license authority can then no longer order an MPU. However, in some cases, it is common that a retest must be taken because the authority assumes that the driver no longer has knowledge of driving after this long period of time.
During this time, however, the person concerned may no new offences commit. If this is the case, the eradication period may be extended. If you apply for a new driving license before the expiration of 15 years, you will be asked to take the MPU. If the deadline for the MPU is not met, the authority will refuse you the driving license and the redemption period will start anew.