–> By Florian Wehner – Published on 5. December 2021
Category: fines, driving ban, driving license, probationary period, traffic law
Most drivers have been caught speeding at least once, either intentionally or through carelessness. For seasoned license holders, this is usually only expensive and annoying, but for novice drivers, speeding can become a real problem. In addition to a penalty notice and points in Flensburg, there is the threat of a remedial seminar, an extension of the probationary period to 4 years or even the loss of the driver’s license.
Unfortunately, these consequences affect many novice drivers: out of an annual 130.000 driving license newcomers come more than 30.000 not without extension and penalties through the probationary period.
But why do traffic violations have such serious consequences for young people and novice drivers in the first place?? The reason for the introduction of the probationary period in 1986 was that more than 60 percent of traffic accidents were caused by novice drivers. Although the figures have improved in the meantime, the accident rate of inexperienced drivers is still very high. Novice drivers simply have too little experience with vehicles and an inadequate perception of danger on the road. For this reason, they should pay particular attention in the first two years and learn to drive their vehicle safely in traffic.
But how heavy may the lead foot in the probationary period now actually be to still get away with a black eye? When do you have to go to an expensive remedial seminar and at the same time accept an extension of the probationary period?? And what can you do to avoid all these negative consequences despite a speed camera photo?
1. When does the probationary period begin and end?
The so-called. Probationary driving license is regulated in § 2a of the Road Traffic Act (StVG). It applies for a period of 2 years to all those who have obtained a driving license for cars, trucks, buses and motorcycles (classes B, A, C and D) for the first time. Moped driving licenses (AM, mopeds) and agricultural and forestry tractors (L and T) are excluded. As soon as the driving test is passed, the driver’s license is initially issued for two years and the expiration date is noted on the driver’s license.
The probationary period begins when the driver first acquires a driver’s license. This means that 16-year-olds who already obtain a scooter driver’s license, have successfully completed the probationary period of 2 years and then take the passenger car driver’s license at the age of 18, do not have to undergo another probationary period. With the driving license at 17, the so-called accompanied driving (BF17), the probationary period always lasts 2 years. So the credit for the probationary period from another class of vehicle does not apply.
By the way: The time limit does not end on the same date as the day on which the driver’s license was obtained, but only with the change to the next day at 0.00 o’clock. So if you have on 31.12.Acquired his driver’s license in 2015, you may toast the end of the probationary period with fireworks just in time for the New Year.
2. Speeding and other traffic violations
There are three categories of traffic violations, which are standardized and listed in detail in an annex to § 34 of the Driving License Ordinance (FeV). While violations below the point limit – z.B. Warnings, parking violations or fines up to 60 euros – have no effect on the probationary period, serious traffic violations, which always result in an entry in the central traffic register (Flensburg), lead to consequences for the probationary period. The type of vehicle with which the violation was committed does not matter. Even a misdemeanor with a moped can lead to consequences and measures for the probationary period.
These serious violations are again evaluated according to severity in two categories: The more serious A and the less serious B violations. A category includes all traffic offenses and certain misdemeanors, while B offenses include only the latter. Offenses are treated according to criminal law and can result in a fine or imprisonment and the revocation of the driver’s license. Misdemeanors, on the other hand, are punishable by a fine. In the case of serious administrative offences, a driving ban may also be imposed.
Speeding falls – if no one is endangered or injured – within the scope of an administrative offense. In the case of speeding, it depends on whether you were driving more or less than 20 km/h too fast.
- Negligent homicide
- Negligent bodily injury
- Dangerous interference with traffic (z.B. illegal car racing)
- Concrete endangerment by serious traffic violations (z.B. disregarding red lights)
- Coercion in traffic (z.B. tailgating and flashing lights on the highway)
- Drug use in traffic
- Hit and run after an accident
- Failure to render assistance
- Driving without a license
- Speeding with passenger car more than 20 km/h
- overtaking in the overtaking ban to the next vehicle at more than 80 km/h
- Driving against the direction of travel on the highway
- grossly reckless behavior in traffic
- Administrative offences
- Misuse of license plates
- Parking on streets where no parking permit exists
- Offenses against road traffic regulations (z.B. Obstructing or endangering other road users such as pedestrians or cyclists)
- Violation of operating regulations (e.g.B. worn tires, TuV deadline overrun of more than 8 months)
- Children without a child seat in the car
3. What happens if you are flashed during the probationary period?
One A or two B violations automatically extend the probationary period to 4 years and result in the driver’s license authority ordering a postgraduation seminar. The authorities have no discretion here, so they must order these measures.
In addition, there is a fine notice, points in Flensburg and possibly a driving ban. a driving ban. These penalties are identical to those for experienced motor vehicle drivers. However, novice drivers cannot reduce their points compared to experienced drivers.
Depending on how fast you were driving and whether you were flashed inside or outside a town, you may face the following consequences according to the current fine catalog (as of 2016):
|Speeding||Speeding in built-up areas||Speeding out of town|
|Up to 20 km/h too fast||15 – 35 Euro fine||10 – 30 Euro fine|
|21-30 km/h too fast||80 – 100 euros fine, 1 point, possibly. 1 month driving ban, additional seminar + extension of probationary period||70 – 80 Euro fine, 1 point, possibly. 1 month driving ban, advanced training seminar + probationary period extension|
|31-40 km/h too fast||160 Euro fine, 2 points, 1 month driving ban, refresher course + probationary period extension||120 Euro fine, 1 point, possibly. 1 month driving ban, remedial seminar + probationary period extension|
|More than 40 km/h too fast||From 200 Euro fine, 2 points, at least 1 month driving ban, advanced training seminar + probationary period extension||From 160 euros fine, 2 points, at least 1 month driving ban, advanced seminar + probationary period extension|
4. The advanced seminar
The refresher courses for novice drivers can be taken at driving schools with a special license. The driving instructors must have a special additional training to be able to hold these seminars. Which driving schools have this permission can be found out at the local driver’s license office. The driving schools set the costs for their seminars themselves. As a rule, however, these are – depending on the region – from 300 to 500 euros.
The retraining lasts at least 9 hours and usually extends over a minimum of 2 to a maximum of 4 days. On the one hand, the participants are taught a lot of theory once again. In addition, the individual mistakes that led the participants to the seminar are discussed. Finally, one has to show the driving instructor in a driving test that one is practically experienced enough.
If the seminar is completed, one has as a rule 2 months time to prove a participation. The period can only be extended in special cases, z.B., if you have been in hospital. If, on the other hand, the relevant certificate of attendance has not been submitted to the driver’s license office in due time, the driver’s license will usually be revoked.
It is possible to appeal against the order to attend an advanced training seminar – but the time limit continues to run during this period.
5. Shorten extended probationary period again?
Unfortunately, there is nothing you can do about the probationary period extension itself. On the one hand, there is no legal remedy – the possibility of appeal exists only against the underlying fine, against the advanced training seminar and against a possible additional driver’s license revocation. On the other hand, the authority is forced to order the extension as soon as a corresponding violation has become known.
Until the end of 2010, some German states still offered the possibility of extending the probationary period by attending advanced training seminars for novice drivers (FSF), z.B. of the ADAC to shorten the period by one year. At the end of 2010, however, this pilot project of the federal government was terminated, so that this possibility no longer exists today.
6. Driving license suspension during the probationary period
a) Driving ban during the probationary period
Very serious traffic violations – for beginners and seasoned drivers alike – lead to a driving ban. During this time, in which one may not use his driving license, the probationary period runs however further.
b) Violations during the extended probationary period
If the probationary period has already been extended and the driving license newcomer nevertheless fails again by an A- or. If the driver is found to have committed two B violations, a warning and a recommendation for voluntary participation in traffic psychology counseling follow in addition to points and a fine.
c) Revocation of the driving license
If you violate an A- or two B-standards again, despite the advanced seminar, probationary period extension, points, fines and warnings, your driver’s license will be revoked. You can appeal against the revocation of your driver’s license.
The probationary period is then interrupted until a new driving license is issued. Then it continues at the point where it was interrupted.
A new driver’s license can then only be issued after a ban period of usually three months. However, in most cases the authorities will first issue a so-called. Recommend a medical-psychological examination (MPU), without the successful passing of which the "rag" will not be reissued.