Private Legalities

Offenses Abroad

2011-09-18T16:52:25+02:00

Prosecution of Traffic Offenses from Abroad

I just got a letter from the German traffic office that they are collecting the fine for my speeding abroad. Can this be?

Other Countries

2011-10-03T15:39:40+02:00

For Citizens of a Country not Mentioned in any of the Tables

I do not belong to the EU Club. Will my national driver’s license be accepted in Germany?

Pedestrian Zone

2011-09-18T16:46:22+02:00

Pedestrian Zone

While strolling downtown, I noticed an area where pedestrians seem to prevail. Hardly a vehicle and persons just jaywalking between the stores. What is this?

Points, Loss of Driver's License

2008-11-25T03:10:45+01:00

Points, Loss of Driver's License

Germans, especially men, consider it a nature-given commodity the permission to drive a motor vehicle. If such ill fate were to happen that a German looses his permit, he will quickly arm "big bertha" to contest such "impossibility". This page will introduce to the system of "points (Punkte) in Flensburg". The city of Flensburg is not only known for its beer but also for the registry of sins: Kraftfahrzeugbundesamt.

Special Vehicles

2011-10-03T15:30:26+02:00

Special Vehicles

Bicycles

May I use my bike in a pedestrian zone?

Pedestrian zones are generally off limits for vehicles of any nature. So, this also includes bikes. However, you will often find a sign like the one on the right of this paragraph that especially permit (as an exception) the traffic of bicycles. Nevertheless, pedestrians have the right of way and bike riders are to drive in walking speed and may neither hinder nor endanger persons walking around. Funny as it may seem, you are always allowed to push your bike through a pedestrian zone. No official may complain when you park your bike here as §12 StVO, containing parking restricting for motor vehicles does not hinder the parking of bicycles (VG Braunschweig, judgment of January 25, 2005, re 5 A 216/03).
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Scooters

May I use my scooter in a pedestrian zone?

Following a judgment of OLG Oldenburg from June 21, 1996 (re Ss 186/96their scooter through a pedestrian zone but only when it is not motorized; i.e. not motorized; i.e. motorized; i.e. not motorized; i.e. when you have to kick it to move forward and as long as persons walking around are not endangered or significantly disturbed. N.B. This includes jaywalkers.
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Inline Skates

What about inline skates ?

The legal classification of inline skates was heavily discussed for a long time. The Federal Court of Justice brought an end to all discussions with its judgment (March 19, 2002, re VI ZR 333/00). They are no vehicles in the understanding of the law but something similar (§24 I StVO) – special vehicles.
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What should that tell me “special vehicles”?

§25 StVO says that special vehicles are subject to the rules for pedestrians. In other words, skaters have to use sidewalks but not bikeways. Using such speed demands that you pay even more attention to (from your perspective) “jaywalkers”. When you collide with a pedestrian, you will generally have more guilt on your scale of joint liability (§ lang=EN-US 254 lang=EN-US BGB)!
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Skateboard

My child just got a skateboard as a birthday gift. Will he be able to use in a pedestrian zone?

Skateboards also count as special vehicles. They are pretty much comparable to scooters. As such vehicle your youngster can plow his way through the obstacles of pedestrians that are constantly in his way. But do make sure that your child does not come with the notion of playing bowling wanting to knock persons crossing his way.
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Segways

What about Segways?

Technical inventions always overstrain the law maker. This was also the case for segways. Until the “Mobilitätshilfenverordnung (Ordinance on Mobility Aids)” came into force in 2009, there was no clarity. Now these vehicles have been classified as motor vehicles that are subject to the rules of motor vehicle traffic – codified in the Ordinance on Street Traffic (StVO). Segways may be used only then use streets when there are no bikeways. It is permissible to use them in pedestrian zones but as a motorized vehicle user you will have to be extremely careful to prevent accidents with persons on the street in a pedestrian zone.
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Traffic Regulations in Germany

2008-11-25T03:02:57+01:00

Traffic Regulations in Germany

Whenever you want to understand a German’s attitude with respect to his car then, consider this saying: “A German’s favorite child is his car.”

There is a lot of truth to this statement. Maybe now you can understand why Germans typically get so angry if someone dares to even only barely graze their bumper. Many landlords consider parking lots more important than play grounds. In Saxony, as shown in the film on practical German reunification “Go Trabbi Go ”, many people “adopt” their car as a part of their family and even give them nicknames. BTW: Though the film “Go Trabbi Go ” is the main blockbuster of German reunification, it also shows, as a metaphor, the German’s relationship to their car.

Will my driver’s license from home be accepted in Germany or do I have do it all over again?

Yes and no. When you are just traveling as a tourist in Germany, then your license will give you as many rights as you have at home (§2 XI StVG i.c.w. §§28, 29 FeV). When you start residing in Germany, you have six months time to apply for a German one (§29 I 3 FeV) – when you do not hold a European driving permission. Depending on where your license is from, the requirements vary for picking up a German one.
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Will my foreign learner’s permit be accepted as a driver’s license in Germany?

No. Because it is only temporary, it is not sufficient to qualify as a driver’s license (§29 III no. 1 FeV).
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What kind of vehicle can I drive here with my international driver’s license?

Actually nothing. Your “international driver’s permit” is actually only a more or less official translation of your home license. Okay, yes, you know that already. Your range of permission will be just as limited in Germany as it is in your home country (§§28 - 30 FeV). If you are only allowed to drive cars with automatic transmission, for instance, then it will be the same in Germany.
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Boy, from what I heard, it sure is a lot of work to transfer my license to Germany. My friend told me that he got his European permit in Poland. He said it was quick and easy to get it there. There were even agencies that would especially serve expats and even more the costs with such agency were significantly less. That sounds too good to be true. Is this license tourism really possible? I just can’t believe it.

Since 2009, the Third Directive on Drivers Licenses obligates Member States of the Union not to issue driving permissions to persons not living in their country. Practically this means that when you have a German driver’s license and live in Germany, you just can’t slip over to Poland and formally take out an address and so get a license anymore (art. 7 no. 1 lit. (e), no. 5 lit. b, 11 IV 1 Third Directive 2006/126/EC on Driving Licenses ). ECJ held on May 19, 2011 (re C- 184-/10) held that other Countries of the Union are to deny the issuance of permission when it notices that a driving license has been issued in contradiction to European Law.
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What is all this commotion about driving without a license? I just don’t get it. Isn’t it enough that I can drive? Is it really that important to have the license?

Sorry, but his is not just a petty matter! Of course, most important is to have the permission to drive motor vehicles. The driver’s license is just a written document to prove and show this permission. If you only forget the license at home: that will only be an administrative offense, which might be fined. You are expected to be able show your permission at all times whenever you drive. Practically seen, if the police wants to see your license and you do not have it with you, do not think they will let you let you drive one millimeter more. If you are in your hometown they might give you a ride back home. If you are not in your home town this will not only be time consuming, but also very costly. Even now, the police will not let you drive. Supposing you were caught without permission then you may be bound to spend up to a year in prison or receive a pecuniary punishment; (§21 StVG).
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I belong to the EU Club. Will my national driver’s license be accepted in Germany?

Your national license will be accepted. You are entitled to the same rights and duties as you were at home. Your permission to drive a car is proven by having a national or international driver’s license. For simplicity sake, get an international driver’s license before leaving. You have no legal need to transfer your license.
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