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Legal bases of the EU driving licence
On the following pages, the Federal Ministry of Transport, Building and Urban Development provides information about the most important new legal provisions in driver licensing legislation.
Under the German constitution, the federal states are responsible for implementing these provisions. Should you require information on how to obtain a driving licence or what to do if you have been disqualified from driving, or if you have any other questions about driving licences, please contact your local driver licensing authority (road traffic office).
The Federal Ministry of Transport, Building and Urban Development is not authorized to comment on individual cases or exert any influence on the way in which they are handled.
Legal bases
As early as 1980, the Council of Ministers of the European Communities took the first steps towards harmonizing the law governing driver licensing by adopting the First Directive on Driving Licences.
In 1991, the Council of Ministers of the European Communities adopted the Second Directive on Driving Licences. The major provisions of this Directive are:
- mutual recognition of driving licences for an unlimited period, even if the holder transfers his residence to another Member State;
- introduction of the international classification of driving licence categories, with Categories A to E and the possibility of sub-categories;
- introduction of a single driving licence model in credit card format as an alternative to the conventional pink paper model.
The Third EC-Directive on Driving Licences was adopted in December 2006. It will be transposed into national law in two steps. The rules designed to counteract driving licence tourism entered into force on 19 January 2009.
EC directives are not directly applicable in the Member States, but have to be transposed into national law. In the Federal Republic of Germany, the main transposing instruments in the field of driver licensing are:
- the Act amending the Road Traffic Act and other acts of 24 April 1998 (Federal Law Gazette I, p. 747);
- the Regulations for the Licensing of Drivers (Driver Licensing Regulations) of 18 August 1998 (Federal Law Gazette I, p. 2214, No 55). These Regulations were also published, with an explanatory note, in the Federal Ministry of Transport Gazette, No 20, date of publication: 30 October 1998).
The Act and the Driver Licensing Regulations entered into force on 1 January 1999. The Act contains mainly the principles of the new law governing driver licensing as well as the provisions governing probationary driving licences and the amended points system. All other major provisions governing driver licensing, especially driving licence categories and the conditions to be met before a driving licence is issued, are contained in the Driver Licensing Regulations.
