Definition and Legal Classification of the Regranting of a Driver’s License
Die Regranting of the driver’s license is a central concept in German driving license law. It refers to the administrative act by which a person, whose driver’s license was previously revoked, is granted the right to operate motor vehicles on public roads again after a period of disqualification. The legal foundations for this are primarily found in the German Road Traffic Act (StVG) and the Driving License Ordinance (FeV). The regranting process differs significantly from the initial issuance after first acquisition and has specific requirements and procedures.
Legal foundations
German Road Traffic Act (StVG)
The relevant regulations regarding revocation and regranting of the driver’s license are found in Sections 2, 3, and 69 et seq. StVG. The revocation of the driver’s license is a measure taken when the holder is deemed unsuitable or incapable of driving motor vehicles.
- Section 3 StVG: Regulates revocation and disqualification.
- Section 69a StGB: Determines the disqualification period for regranting.
- Section 2 StVG: Specifies the basic requirements for (re)granting.
Driving License Ordinance (FeV)
Die Driving License Ordinance (FeV) clarifies the requirements for regranting:
- Section 20 FeV: Regulates the requirements and application procedure for regranting after the revocation of a driver’s license.
- Sections 11-14 FeV: Contain regulations for determining the applicant’s suitability and capability.
Requirements for the regranting of a driver’s license
Expiration of the disqualification period
After judicial or administrative revocation, there is usually a disqualification period ordered. During this period, a new driver’s license may not be issued. Only after expiration or shortening of the disqualification period can an application for regranting be submitted.
Application submission
Regranting of the driver’s license takes place not automatically upon expiry of the disqualification period, but must be applied for in writing and informally at the competent driving license authority. If applicable, an application may need to be submitted at the relevant vehicle registration office. This constitutes a formal administrative procedure.
Proofs of suitability and expert opinions
A central criterion is the restoration of fitness to drive. The driving license authority checks whether there are concerns regarding the applicant’s suitability or capability to drive motor vehicles. In the course of the individual assessment, various proofs may be required:
Medical-Psychological Assessment (MPU)
A medical-psychological assessment must be ordered if the driver’s license was revoked due to significant or repeated infringements of traffic regulations, especially in connection with alcohol, drugs, or the commission of serious criminal offenses.
Medical reports
In certain cases, such as physical or mental deficiencies, a medical report may be required to confirm fitness to drive.
Proofs of abstinence
In connection with offenses involving alcohol or drugs, Proofs of abstinence are often required to provide reliable evidence of abstinence from addictive substances.
Other documents
Depending on the individual case, additional documents are required, such as a certificate of good conduct, eye test, or proof of driver training. The exact requirements depend on the case and are determined individually by the authority.
Legal procedural sequence
Obligation to examine by the licensing authority
The licensing authority has a duty to examine ex officio. It must ensure that there are no facts present that would render the applicant unsuitable or incapable of driving motor vehicles.
Processing and decision
After submission of all required documents and verification of suitability, the authority decides on the regranting. A positive decision leads to issuance of a new driver’s license document. A negative decision must be given in writing and include information on legal remedies (objection, lawsuit before the administrative court).
Costs
The regranting procedure carries fees and costs . These include both the administrative fees as well as costs for expert opinions, examinations, and proofs.
Particularities and common issues
Difference from initial issuance
Die regranting following revocation must be distinguished from initial issuance of a driver’s license and renewal of expired licenses. Authorities regularly set higher suitability requirements for regranting.
Special cases
- Shortening the disqualification period: In exceptional cases, the disqualification may be lifted or shortened upon application if the requirements of Section 69a (7) StGB are met.
- Lapse after missing a deadline: Anyone who does not possess a valid driver’s license for a longer period may be required to take a new theoretical and practical driving test (§ 20 para. 2 FeV).
Legal protection and remedies
The person affected may appeal by objection and present their arguments during the objection procedure. If this does not lead to success, the legal route to the administrative court remains open. The relevant facts and legal situation can be comprehensively reviewed.
Conclusion
Die Regranting of the driver’s license is a complex administrative procedure with far-reaching legal requirements. It does not serve as a sanction, but is intended to ensure that only suitable and competent persons are permitted to operate a motor vehicle after the disqualification period expires. Careful compliance with legal and administrative requirements is essential for a successful application.
Note: Content is for general information purposes only and does not constitute individual legal advice. For binding information, the competent licensing authority should be consulted.
Frequently Asked Questions
What legal requirements must be met for the regranting of a driver’s license?
According to Section 20 of the Driving License Ordinance (FeV), various legal requirements must be met for the regranting of a driver’s license. After revocation by an authority or a court, an application procedure is necessary, with special consideration given to the reasons for revocation and the specific misconduct. The applicant must demonstrate their suitability and capability to operate a motor vehicle, which can regularly be required by a positive medical-psychological report (MPU), especially in cases of alcohol, drugs, or significant repeated traffic violations. In addition, proof of health suitability (e.g., by medical examination), proof of ordinary residence in Germany, and, if necessary, submission of a certificate of good conduct must be provided. The deadlines for reapplication are determined by the duration of the disqualification period pursuant to Section 69a StGB. The disqualification period must be completely expired, and a renewed assessment of fitness to drive may be necessary. In the case of serious offenses, the licensing authority may impose additional conditions.
Under what legal circumstances can the licensing authority order a medical-psychological assessment (MPU)?
According to Sections 13–14 FeV, the licensing authority is obliged to order an MPU if there are specific doubts about the applicant’s fitness to drive. Typical legal grounds include revocation due to alcohol abuse (from 1.6 per mille blood alcohol concentration or repeated incidents involving alcohol), driving under the influence of drugs or medication, as well as significant or repeated traffic violations. An MPU must also be ordered for criminal offenses that indicate a deficiency in personal suitability (e.g., aggressive traffic offenses). The authority must provide written justification for the order, give the affected person a reasonable deadline for submitting the report (at least three months), and may assume that fitness does not exist if the instruction is not followed, leading to refusal of the regranting application (Section 11 para. 8 FeV).
What role does the disqualification period play in the regranting of a driver’s license?
The disqualification period is a legal minimum obstacle for the regranting of a driver’s license and arises from Section 69a of the German Criminal Code (StGB). During this period, the granting of a new driver’s license is legally prohibited. The authority may only process an application for regranting after this period has expired. However, the earliest possible application may be submitted up to three months before the end of the disqualification period (Section 69a para. 7 StGB), but the issuance can only occur once the period has ended. The length of the disqualification period depends on the seriousness of the offense and is at least six months but may—for repeat offenders, for example—be several years or even lifelong.
What legal obligations does the applicant have in the regranting procedure?
The applicant is obliged to cooperate and present all facts and evidence relevant to the decision. This includes, in particular, current photographs, a certificate of good conduct if applicable, evidence of health suitability, and, if required, a positive MPU report (Section 20 FeV). They must provide truthful information regarding personal and material circumstances, adhere to relevant deadlines, and respond promptly to queries and instructions from the authority. Failure to submit the required evidence may lead to the rejection of the application—for example, failure to submit the MPU will legally result in negative assessment of fitness to drive (Section 11 para. 8 FeV).
What are the legal consequences of a rejected application for regranting the driver’s license?
If the application for regranting is rejected because the authority has reservations about suitability or the required evidence is missing, the applicant does not acquire the right to drive vehicles. An objection may be lodged against the rejection within one month (Section 70 VwGO in conjunction with the Administrative Procedures Act and the Administrative Court Rules); otherwise, the decision becomes final. After a rejection, a new application may be submitted once the reasons for the rejection (e.g., negative MPU or missing evidence) have been remedied. There is no fixed disqualification period linked to a rejected administrative act, but the authority may impose conditions, such as recognizing a new MPU only after a minimum period.
To what extent can foreign driving licenses be taken into account in the regranting process?
Foreign driving licenses are only considered in the regranting procedure if the applicant had their ordinary residence in the respective issuing country and obtained the license there lawfully. After revocation in Germany, a foreign driving license no longer authorizes driving in Germany (§ 28 para. 4 FeV). A driving license acquired abroad after revocation in Germany only permits driving in Germany if the reasons for revocation no longer exist and there is no outstanding disqualification period. The authority reviews lawful acquisition and may refuse recognition if there are indications of so-called ‘license tourism.’
Are there legal differences between the initial issuance and the regranting of a driver’s license?
Yes, there is a legal distinction between initial issuance (on first acquisition) and regranting (after revocation or surrender). Regranting strictly requires renewed proof of fitness to drive—sometimes subject to heightened conditions. As a rule, old tests or previous driving license documents can no longer be utilized; current evidence of suitability must be provided. The authority has discretion regarding required conditions and may, in certain circumstances, require complete re-examinations (theoretical and practical), especially after long revocation periods or serious offenses (§ 20 para. 2 FeV).
