Definition and Legal Classification of the Advanced Training Seminar
Das Advanced Training Seminar is a term anchored in German traffic law and refers to a remedial measure, particularly for novice drivers. The advanced training seminar is mandated as a compulsory measure within the framework of the probationary driving license and serves both road safety education and the restoration of driving aptitude after traffic violations committed during the probationary period.
Legal Basis of the Advanced Training Seminar
Statutory Regulations
The statutory foundations for the advanced training seminar are found in particular in the Road Traffic Act (StVG) as well as in the Driving License Ordinance (FeV):
- § 2a StVG (Probationary Driving License): This section regulates the probationary period, traffic violations during the probationary period, and the obligation to participate in an advanced training seminar.
- § 36 FeV (Advanced Training Seminar): This regulation defines the exact structure, content, and procedure of the seminar as well as the requirements for its implementation.
Purpose and Objectives
The aim of the advanced training seminar is to improve road safety by raising participants’ awareness of safe behavior in traffic and their own responsibility on the road.
Reason for Ordering an Advanced Training Seminar
Traffic Violations During the Probationary Period
The obligation to attend an advanced training seminar is primarily ordered in connection with the probationary driving license. The driver’s license authority orders an advanced training seminar, particularly if one or more so-called ‘traffic offenses’ considered serious (A offense) or repeated minor offenses (two B offenses) occur during the probationary period.
A and B Offenses
- A offenses: Serious administrative offenses and criminal offenses, such as driving under the influence of alcohol, running a red light, or gross speeding violations.
- B offenses: Less serious violations, such as driving without registration or carrying an expired first-aid kit.
The Federal Central Register (BZRG) is responsible for recording traffic violations in this context.
Order by the Driver’s License Authority
If any of these offenses are recorded, the driver’s license authority is required to order participation in an advanced training seminar. If participation does not occur within the deadline, revocation of the driving license is stipulated (§ 2a para. 3 StVG).
Procedure and Content of the Advanced Training Seminar
Organizational Implementation
The advanced training seminar is conducted by officially recognized seminar providers. Requirements for recognition include, among others, certain personnel, material, and organizational criteria (§ 38 FeV).
Duration and Structure
The advanced training seminar consists of four sessions of 135 minutes each (a total of about 9 hours). Additionally, between the first and second session, a practical driving test (driving observation) of about 30 minutes per person takes place.
Content Structure
Main content of the advanced training seminar includes:
- Reflection on Misconduct in Road Traffic
- Analysis of Typical Accident Causes
- Development of Safety-Promoting Behaviors
- Practical Driving Test with Evaluation
No exams or tests are conducted during the sessions. Active participation and attendance at all sessions are mandatory.
Certificate of Attendance
After successful completion, the participant receives a certificate to be submitted to the driver’s license authority. Otherwise, further measures may be imposed, including revocation of the driving license.
Special Forms: Advanced Training Seminar for Novice Drivers with Alcohol Offenses
Special Advanced Training Seminar under § 2a para. 2a StVG
According to the so-called zero per mille limit for novice drivers, in cases of alcohol violations during the probationary period, a special advanced training seminar for novice drivers with alcohol offenses may be ordered. The content includes specific aspects of the alcohol issue in road traffic.
Legal Consequences of Non-Participation
If proof of timely participation in the advanced training seminar is not provided, the driver’s license must be revoked by the driver’s license authority in accordance with § 2a para. 3 StVG. Reissuance is only possible after evidence of completed participation.
Costs and Financing
The costs for participation in the advanced training seminar must be borne by the individual concerned. Fees vary depending on the provider and are typically within an industry-standard range.
Advanced Training Seminar in the Context of Other Traffic Law Measures
Distinction from Other Training Measures
There are various retraining measures in traffic law:
- Driving Aptitude Seminar: Offered for points reduction in repeat offenders, regardless of the probationary period.
- MPU (Medical-Psychological Assessment): Serves to check overall driving aptitude, particularly after serious offenses or a high number of points.
The advanced training seminar is explicitly a measure within the probationary period.
Summary
The advanced training seminar is a key element of the traffic law measures to increase road safety for novice drivers. It is mandated by authorities, regulated uniformly across Germany, and is a compulsory remedial measure for increased traffic awareness after violations during the probationary period. The legal foundations, procedures, and consequences of non-participation are set out in detail in the StVG and FeV, ensuring uniform application nationwide.
Frequently Asked Questions
What legal consequences result from failure to participate in the mandatory advanced training seminar?
Anyone required to attend an advanced training seminar (ASF – Advanced Training Seminar for Novice Drivers) but ignores this order must expect serious legal consequences. The driver’s license authority sets a deadline for attending the seminar. If this deadline is not met and the certificate of attendance is not submitted, the authority is legally required to revoke the driving license without further proceedings (§ 2a para. 3 StVG). Revocation of the license in this case is mandatory and offers no discretion. Only after successful participation in an advanced training seminar is a new license issuance possible. In addition, administrative sanctions regarding points in the driving aptitude register and fees for the order itself may apply.
Can legal remedies be pursued against the order to participate in the advanced training seminar?
Yes, legal recourse is available against the official order to participate in an advanced training seminar. The individual concerned can file an objection against the corresponding administrative act. If the driver’s license authority does not grant relief, legal action can be brought before the administrative court. However, an objection or legal action does not have suspensive effect (§ 80 para. 2 no. 4 VwGO in conjunction with § 2a para. 3 StVG), i.e. the obligation to participate in the seminar remains regardless of ongoing proceedings, unless the court expressly orders suspensive effect. Success is mainly possible if formal errors in the order or incorrect findings of fact are proven.
What deadlines must be observed regarding the order and participation in the advanced training seminar?
After notification by the driver’s license authority of the obligation to participate, the driving license holder is given a reasonable deadline within which to attend the seminar and submit the certificate of attendance. By law, this deadline is at least three months from receipt of the notice (§ 2a para. 2 StVG). If unforeseeable obstacles arise during this period—such as serious illness—that are credibly demonstrated, an extension of the deadline may be requested as an exception; the decision is at the authority’s discretion.
Is repeated participation in an advanced training seminar legally possible or required?
Yes, it is possible and under certain conditions even required for a person to be ordered to attend an advanced training seminar more than once during the probationary period. If, after completing a first seminar, a new violation subject to another order occurs, a traffic-psychological counseling session is usually ordered. If, after the probationary period, further serious violations occur and the participant is required to present evidence of participation in another seminar (e.g., a traffic-psychological measure, but not a second ASF), this may also legally arise. In general: By law, only a single participation in the ASF is possible for the probationary period itself; in the case of further violations, the repeat offender points system pursuant to the driving aptitude assessment system applies.
What requirements must seminar providers satisfy according to legal regulations?
Providers of advanced training seminars are subject to strict statutory requirements under the Driving License Ordinance (FeV) and must be officially recognized by the relevant state authority (§ 35 FeV). They must employ suitably qualified seminar leaders who possess specific professional qualifications (including a driving instructor permit for class BE, evidence of special further training in ASF, regular continuing education obligations). Spatial and material requirements—such as appropriate training rooms and didactic-methodical resources—must also be demonstrated. Official recognition must be regularly monitored and may be revoked if serious violations of legal requirements are found.
Are there legal exceptions that make participation in the advanced training seminar unnecessary?
In principle, exemption from a mandatory ordered advanced training seminar is only possible in narrowly defined exceptional cases. These include, in particular, proven serious health reasons or if the driving license has already been revoked before the seminar order takes effect. If the party concerned dies before the deadline or if the underlying administrative offense is later definitively annulled, the obligation also lapses. In all other cases, there is no way to free oneself from the statutory obligation by personal initiative or substitute payments; especially work hours, vacations, or study-related obstacles do not legally justify an exception.
