Temporary Driving Ban

Temporary Driving Ban in Europe

Temporary Driving Ban in Germany

Provisions relating to temporary driving ban in the German Criminal Code [1]: This criminal issue is covered by Chapter Three Sanctionsunder the First Title, Penalties -imprisonment,” located in Section 44 Temporary driving ban, which reads: (1) If a person has been sentenced to imprisonment or to a fine for an offence committed in connection with the driving of a motor-vehicle or in violation of the duties of a driver of a motor-vehicle, the court may impose a ban prohibiting him from driving any class of motor-vehicle or a specific class on public roads for a period of from one to three months. A driving ban shall typically be imposed in cases of a conviction under section 315c (1) No 1 (a), (3) or section 316 unless a disqualification order has been made under section 69. (2) The driving ban shall take effect upon the judgment having become final. National and international driving licences issued by a German public authority shall be kept in official safekeeping for its duration. This shall also apply if the driving licence was issued by a public authority of a member state of the European Union or another signatory state of the Treaty on the European Economic Area if the holder is ordinarily resident in Germany. The driving ban shall be endorsed on any other foreign driving licences. (3) If a driving licence is to be kept in official safekeeping or the driving ban to be endorsed on a foreign driving licence, the duration of the ban shall be calculated from the day that those conditions have been complied with. Any period during which the offender was kept in detention in an institution pursuant to an order of a public authority shall not count towards the duration.

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Notes

  1. The content of the translated German penal code in relation to temporary driving ban is current as of 2010

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