Term and legal classification of the revocation of a driving licence
Die Revocation of the driving licence constitutes a sovereign act by which the competent authority or a court deprives a motor vehicle driver of the right to operate a motor vehicle on public roads. In Germany, this revocation is governed primarily by the Road Traffic Act (StVG) in conjunction with the Driving Licence Ordinance (FeV). It differs fundamentally from a driving ban and is subject to special legal requirements.
Legal basis for the revocation of the driving licence
Road Traffic Act (StVG)
The key provisions for the revocation of the driving licence can be found in Sections 3 and 4 StVG. According to Section 3 (1) StVG, the driving licence must be revoked if the holder is found to be unfit or not qualified to operate motor vehicles.
Driving Licence Ordinance (FeV)
Further provisions are contained in Sections 46 ff. FeV. Here, both the substantive requirements for the revocation and the administrative procedure are detailed. The FeV also lists reasons for revocation of the driving licence in catalogue form.
Difference from suspension and driving ban
Revocation of the driving licence
In contrast to a driving ban (Section 44 StGB, Section 25 StVG), which constitutes a temporary prohibition on operating a motor vehicle, the revocation leads to a complete and unlimited loss of the driving licence. In addition, a period of disqualification (Section 69a StGB) can be imposed, during which no new driving licence may be granted.
Reasons for revocation of the driving licence
Lack of suitability
According to Section 3 (1) StVG and Section 46 FeV, revocation is mandatory if the licence holder is found to be unfit or not qualified. Common reasons include:
- Alcohol or drug consumption in road traffic
- Serious or repeated traffic violations
- Illnesses or physical/mental deficiencies
- Accumulation of 8 points in the Driver Fitness Register (Section 4 (5) StVG)
Alcohol and drugs
In particular, participation in road traffic under significant influence of alcohol (e.g. from 1.1 per mille) or proof of drug abuse often leads to the assumption of unfitness.
Medical-psychological assessment (MPU)
If there are doubts about suitability, an MPU may be ordered. A negative assessment regularly leads to revocation.
Procedure for revocation of the driving licence
Administrative revocation
The revocation usually takes place by means of a formal administrative act by the driving licence authority. The person concerned receives a decision, which is associated with an order to surrender the driving licence. An objection can be lodged against the decision, followed, if necessary, by legal action before the administrative court.
Revocation by criminal court
Pursuant to Section 69 StGB, the criminal court can revoke the driving licence in criminal proceedings if the offence shows that the offender is unfit to drive motor vehicles. In addition to the revocation, the court will regularly impose a ban under Section 69a StGB.
Legal effects of the revocation of the driving licence
Effect and scope
With the revocation, the driving licence lapses immediately, the driving licence document is confiscated and loses its validity. Operating motor vehicles is then prohibited. This applies to all vehicles requiring a licence.
Disqualification period
The competent authority or the court often sets a disqualification period during which no new driving licence may be granted. The minimum period, according to Section 69a StGB, is six months and can, in exceptional cases, be imposed up to five years.
Re-issuance of the driving licence after revocation
After the disqualification period has expired, an application for re-issuance of the licence must be submitted. The typical requirements include:
- Proof of fitness to drive (if necessary, by submitting a positive MPU)
- No existing grounds for exclusion (e.g. current criminal offences or pending proceedings)
- Submission of the required documents (e.g. medical reports)
Suitability for operating motor vehicles is comprehensively examined; issuance is not automatic upon expiry of the disqualification period.
Revocation of the driving licence in the European context
Due to participation in international road traffic, European law provisions are also relevant. With the implementation of the 3rd EU Driving Licence Directive (Directive 2006/126/EC), there are harmonized standards for revocation and re-issuance. A driving licence revoked in Germany usually also applies as revoked in other EU member states.
Legal remedies and judicial protection
The person concerned may appeal against the administrative revocation of the driving licence by means of the administrative judicial process. Timely objection and legal action allow for review of the decision. Against a criminal court revocation, the legal remedies of appeal or revision apply under criminal procedure law.
Practically relevant case groups
Alcohol and drug use
Revocation is of major importance in connection with alcohol and drug offences. Absolute unfitness to drive (from 1.1 per mille) regularly results in unfitness to hold a driving licence.
Points system
The Driver Fitness Assessment System automatically provides for revocation upon reaching 8 points.
Illnesses and age-related reasons
Relevant organic or psychologically based illnesses can also exclude fitness and lead to revocation.
Summary: Importance of the revocation of the driving licence
The revocation of the driving licence forms a central part of traffic law, serving to protect the public from unfit drivers. It applies in cases of serious lack of suitability, severe administrative offences, or criminal acts, and is in a legal sense an especially far-reaching measure, entailing the complete loss of the right to operate motor vehicles. The reinstatement of the driving licence is subject to strict conditions, mainly designed to ensure road safety.
Frequently Asked Questions
What are the legal bases for the revocation of the driving licence?
In German law, the revocation of the driving licence is governed primarily by the Road Traffic Act (StVG), particularly Section 3 StVG. Supplementary provisions are found in the Driving Licence Ordinance (FeV), in particular Section 46 FeV, which specifies the administrative procedure. Section 69 of the Criminal Code (StGB) is also relevant in criminal law, describing judicial revocation following certain criminal offences related to operating a motor vehicle. These provisions set out the requirements under which authorities or courts may revoke a driving licence, such as lack of suitability, repeated violations, or after particular criminal offences. They also regulate the procedure, consequences of revocation, and conditions for possible re-issuance.
How does the administrative procedure for revocation of the driving licence proceed?
The administrative procedure is usually initiated by the driving licence authority as soon as facts become known that cast doubt on the suitability or competence to drive motor vehicles. The persons concerned are first heard and given an opportunity to comment. Depending on suspicion, the authority may require submission of a medical report, a medical-psychological report (MPU), or other evidence. If suitability is not proven or the person concerned refuses the assessment, the driving licence may be revoked pursuant to Section 46 FeV. The authority will then issue a written revocation order, in which it may also order immediate effect (immediate enforcement). The administrative judicial process is open to appeal.
When does a court revoke a driving licence?
A court may revoke a driving licence under Section 69 StGB if the person concerned commits a criminal offence in connection with operating a motor vehicle, in violation of the duties of a motor vehicle driver, or under conditions raising doubts about their character or mental suitability (e.g. drunk driving, unlawfully leaving the scene of an accident). Judicial revocation may also occur in cases of serious traffic offences indicating a gross lack of responsibility. With judicial revocation, a disqualification period for re-issuance of the driving licence is mandatorily imposed.
What effect does the revocation of the driving licence have on existing licence categories?
In principle, the revocation of the driving licence covers all categories granted. This means the person concerned is not permitted to drive any class of vehicles. In some cases, only the suitability for one or several categories may be questioned; however, a full revocation is the rule. The revocation order or court judgment must explicitly restrict revocation to individual classes; otherwise, the revocation applies comprehensively.
What are the rights of the affected person after the issuance of a revocation order?
The affected person has the right to file an objection to the revocation order within one month after receipt. The authority will review the objection and decide again. If rejected, recourse to the administrative court remains. In urgent cases, interim legal protection can additionally be requested to restore the suspensive effect of the objection or lawsuit if the authority – as is usual – has ordered immediate enforcement of the revocation. The affected person also has the right to inspect the files.
Under what conditions can a driving licence be re-issued after revocation?
A re-issuance of the driving licence after revocation usually requires a corresponding application as well as proof of suitability to operate motor vehicles. The authority will in particular examine whether any disqualification periods have expired, whether the applicant’s character, mental and physical suitability has been established, and whether necessary evidence (such as MPU) has been provided if required. If there are doubts about suitability – for example due to prior alcohol or drug use – a medical-psychological examination is usually mandatory. Only after a positive overall assessment will re-issuance be granted.
