Road traffic law

Unofficial table of contents

StVG

Date of completion: 03.05.1909

Full quote:

" Road Traffic Act, as amended by the Notice of 5 March 2003 (BGBl. I p. 310, 919), which was last amended by Article 4 of the Law of 8 June 2015 (BGBl. 904).

Status:	New by Bek. v. 5.3.2003 I 310, 919;
	Last amended by Art. 4 G v. 8.6.2015 I 904

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.6.1983 + + +) 
(+ + + measures on the basis of the EinigVtr cf.  StVG Appendix EV + + +) 
(+ + + Do not use the measures due to the EinigVtr in accordance with the provisions of this Regulation).  Art. 109 
No. 5 Buchst. b DBuchst. aa G v. 8.12.2010 I 1864 mWv 15.12.2010 mWv 15.12.2010 
 + + +) 
  
(+ + + Official notes of the norm provider on EC law: 
 Implementation of the 
 EEC-GRL 59/92 (CELEX Nr: 392L0059) 
 EWGBes 465/93 (CELEX Nr: 393D0465) see  G v. 22.4.1997 I 934 
 Implementation of the 
 EEC-GRL 439/91 (CELEX Nr: 391L0439)  G v. 24.4.1998 I 747 + + +) 
  
Introduced in Saarland by § 15 Buchst. q G v. 23.12.1956 I 1011   

I.
Traffic rules

Unofficial table of contents

§ 1 Approval

(1) Motor vehicles and their trailers, which are to be put into service on public roads, must be approved for circulation by the competent authority (registration authority). Approval shall be made at the request of the person entitled to dispose of the vehicle in the event of a type-approval, individual approval or EC type-approval by the allocation of an official mark. (2) As motor vehicles within the meaning of this Act, (3) No motor vehicles within the meaning of this Act are land vehicles which are advanced by muscular power and with an electric motor-driven auxiliary drive with a nominal power of not more than 0.25 kW, the Progressive reduction of support with increasing vehicle speed and

1.

on reaching a speed of 25 km/h or earlier,

2.

if the driver stops at the counter,

is interrupted. The first sentence shall also apply to the extent to which the vehicles referred to in the first sentence have, in addition, an electric motor driving or sliding aid which accelerates the vehicle to a speed of up to 6 km/h, even without simultaneous operation of the motor vehicle. Step of the driver, made possible. For vehicles within the meaning of the first and second sentences, the provisions relating to bicycles shall be applied. Unofficial table of contents

§ 2 Driving Licence and Driving Licence

(1) Anyone who leads a motor vehicle on public roads requires the permission (driving licence) of the competent authority (driving licence authority). The driving licence shall be issued in certain classes. It must be proved by an official certificate (driving licence). According to Article 6 (1) (1) (b) and (x), the period of validity of the driving licences may be determined according to the provisions of Article 6 (1) (1) (b) and (x). (2) The driving licence shall be issued for the respective class if the applicant

1.

its normal residence within the meaning of Article 12 of Directive 2006 /126/EC of the European Parliament and of the Council of 20 December 2006 on driving licences (OJ L 327, 30.12.2006, p. 26), on the domestic market,

2.

has reached the minimum required age,

3.

suitable for driving motor vehicles,

4.

has been designed to drive motor vehicles in accordance with the Driving Teachers Act and the legislation which is based on it,

5.

has demonstrated the ability to drive motor vehicles in a theoretical and practical test,

6.

First aid can and

7.

does not have a driving licence issued in a Member State of the European Union or any other Contracting State of the Agreement on the European Economic Area.

In accordance with Article 6 (1) (1) (g) of the regulation, further conditions for the possession of other classes or driving practices in another class may be determined as further conditions. The driving licence may be granted for a limited period for categories C and D as well as for their subclasses and trailer classes. It shall be extended upon request if the applicant is suitable for driving motor vehicles and if there is no reason to believe that one of the other conditions laid down in sentences 1 and 2 is missing. (3) After the determination of the applicant In accordance with Article 6 (1) (1) (b) and (g), a special permit may be required for the carriage of passengers in vehicles other than buses and coaches, in addition to the driving licence referred to in paragraph 1. Permission is granted for a limited period of time. The granting and renewal may be subject to the same conditions as those applicable to driving licences for the driving of bus and coach passengers. In addition, local knowledge may be required. In addition, the provisions applicable to driving licences shall apply, unless otherwise provided by law. (4) Suitable for driving motor vehicles shall be those who meet the necessary physical and mental requirements and do not significantly or has not repeatedly violated traffic law regulations or criminal laws. If, due to physical or mental deficiencies, the applicant is only suitable for driving motor vehicles, the driving licence authority shall grant the driving licence subject to restrictions or subject to conditions, if this means that the driving licence shall be safe Motor vehicles (5) are capable of driving motor vehicles, who are

1.

have sufficient knowledge of the statutory provisions governing the driving of motor vehicles,

2.

is familiar with the dangers of road traffic and the conduct required to prevent them from being carried out,

3.

which has the necessary technical knowledge for the safe driving of a motor vehicle, where appropriate with a trailer, and which is capable of its practical application; and

4.

has sufficient knowledge of an environmentally conscious and energy-saving mode of driving and is capable of its practical application.

(6) Anyone applying for the grant, extension, renewal or modification of a driving licence or a special permit referred to in paragraph 3, the lifting of a restriction or edition, or the copy or modification of a driving licence, has the following: The driving licence authority must be notified and proven in accordance with the provisions of Section 6 (1) (1) (h) by means of a legal regulation in accordance with

1.

Family names, birth names, other earlier names, first names, names of orders or artists, doctoral degree, gender, date and place of birth, address and

2.

the existence of the conditions laid down in the first sentence of the first sentence of paragraph 2 and the second sentence of paragraph 2 and paragraph 3

as well as a photograph. In addition, the applicant has to make a statement as to whether he already has an in-or foreign driving licence of the requested class or a corresponding driving licence. (7) The driving licence authority has to determine whether the Applicants for driving motor vehicles, where appropriate with trailers, are suitable and qualified and whether they already have a driving licence or a corresponding driving licence in Germany or abroad. For this purpose, it has to obtain information from the register of driving licences and the central driving licence register in accordance with the provisions of this law. It may also obtain, in particular, relevant information from foreign registries or from foreign bodies, and the submission of a certificate of management to the managing authority in accordance with the rules of the (8) If facts are known which give rise to concerns about the suitability or competence of the applicant, the driving licence authority may order the applicant to provide an expert opinion or a certificate from a specialist doctor. or official, an expert opinion of an officially recognised assessment body for (9) The information on registers, certificates, certificates and health certificates may only be used for the Determination or verification of suitability or competence shall be used. They shall be destroyed after ten years at the latest, unless they are associated with them in the register of driving licences or in the Central Driving Licences Register, in accordance with the provisions of those registers at a previous or later date. Time to eradicate or delete. In this case, the destruction or erasure of the former or later date shall be decisive. The ten-year period referred to in the second sentence shall begin with the final decision on the right or the final decision or the withdrawal of the application by the applicant. Sentences 1 to 4 shall also apply to documents accompanying the applicant in accordance with the first sentence of paragraph 6 of this Article. Instead of destroying the documents, the data contained therein must be blocked if the destruction is not possible or is only possible with disproportionate effort because of the special nature of the file's management. (10) Bundeswehr, Bundespolizei und The police can use their services to grant driving licences for the driving of service vehicles (service licences). These services shall carry out the duties of the driving licence authority. The provisions of this Act and of the legislation based on it shall apply to service licences, unless otherwise provided for by law. Only service vehicles may be used with service licences. (10a) The competent authority of the country may be a member of the volunteer fire brigade, the emergency services recognised under national law, the Technical Relief and the other Civil protection units engaged in voluntary activity, driving authorizations for the use of vehicles on public roads up to a maximum authorised mass of 4.75 tonnes, including trailers, provided that the maximum authorised mass is the combination does not exceed 4.75 tonnes. The applicant must be entitled to the right to travel

1.

have had a Class B driving licence for at least two years,

2.

have been introduced into the driving of emergency vehicles up to a maximum authorised mass of 4.75 tonnes, and

3.

have demonstrated their competence in a practical test.

The right to travel is valid throughout the territory of the Federal Republic of Germany for the task of fulfilling the organizations or bodies referred to in sentence 1. The provisions of sentences 1 to 3 shall apply in accordance with the acquisition of driving authorization for the driving of vehicles up to a maximum authorised mass of 7.5 tonnes-even with trailers, provided that the maximum authorised mass of the combination does not exceed 7.5 tonnes. (11) According to Article 6 (1) (1) (j) of the law, foreign driving licences are also entitled to drive motor vehicles in Germany. (12) The police have information on facts that are not only temporary. Defects in terms of suitability or defects in the ability of a person to If vehicles are to be closed, they must be sent to the driving licence authorities to the extent that this is necessary for the verification of suitability or empowerment from the point of view of the transmitting authority. In so far as the information communicated is not necessary for the assessment of the suitability or competence, the documents shall be immediately destroyed. (13) Bodies or persons who have the aptitude or competence to participate in road transport or In order to assess or examine local knowledge in order to prepare an administrative decision or to train in the first aid (§ 2 para. 2 sentence 1 no. 6), it must be legally or officially recognized or commissioned for these tasks. Persons who check the ability to drive motor vehicles in accordance with Article 2 (5) must also belong to a technical inspection body for the circulation of motor vehicles in accordance with § 10 of the Act on the Law of Power Law. The conditions, content, scope and procedures for the recognition or assignment and supervision shall, if not already regulated in the law of the Federal Motor Insurance Act or in the legislation based on it, shall be governed by the law of law pursuant to § § 6 (1) (1) (k). By way of derogation from the provisions of sentences 1 to 3, persons who fulfil the conditions laid down in paragraph 16 shall be entitled to qualify for the management of the operations of the organisations or bodies referred to in the first sentence of paragraph 10a of this Article. (14) The driving licence authorities may communicate to the bodies and persons referred to in the first sentence of paragraph 13 the data which they require to carry out their duties. The relevant bodies and persons may process and use this data and, according to the provisions of § 6 (1) (1) (k), the data arising from the performance of their tasks. (15) Those who are responsible for the training, the A driving instructor should be accompanied by a driving instructor in accordance with the Driving Teacher Act. The test or assessment of the suitability or qualification of a motor vehicle on public roads must be accompanied by a driving instructor. In the case of journeys made in accordance with the first sentence and in the case of a return journey to or from an examination or an assessment, the driving instructor shall be deemed to be the driver of the motor vehicle within the meaning of this law if the driver of the motor vehicle does not obtain a corresponding driving licence. (16) Any person who leads a vehicle on public roads for the purpose of refusing or laying down the test referred to in paragraph 10a must be a driving instructor within the meaning of the driving instructor's law or, by way of derogation from the first sentence of paragraph 15, of a driving instructor Members of the organisations or bodies referred to in the first sentence of paragraph 10a of this Article

1.

the 30. Year of age,

2.

has a valid category C1 driving licence for at least five years, and

3.

at the time of the registration and examination journeys in the register of tickets with no more than two points,

shall be accompanied. The second sentence of paragraph 15 shall apply accordingly. The authority responsible under national law may verify that the conditions set out in the first sentence are met and that it can obtain the information provided for in the first sentence of the first sentence of the first sentence of the first sentence of the second sentence. The driving licence referred to in the first sentence of the first sentence shall be proved by a valid driving licence, which shall be carried out during the registration and examination journeys and shall be handed over to persons entitled to road traffic control. Unofficial table of contents

§ 2a Driving licence on a sample

(1) On the first acquisition of a driving licence, the licence shall be issued on a sample; the trial period shall take two years from the date of issue. When a driver's licence is issued to the holder of a driving licence issued abroad, the time has elapsed since its acquisition to the trial period. The rules governing driving licences shall also apply to holders of a valid driving licence from a Member State of the European Union or from another State Party to the Agreement on the European Economic Area, which shall: normal place of residence in the country. The time since the acquisition of the driving licence is to be calculated on the probation period. The seizure, seizure or custody of driving licences in accordance with § 94 of the Code of Criminal Procedure, the preliminary withdrawal pursuant to § 111a of the Code of Criminal Procedure and the immediately enforceable withdrawal by the driving licence authority impede the expiry of the the trial period. The trial period ends prematurely if the driving licence is withdrawn or the holder dispenses with it. In this case, a new driving licence shall be issued for a new test period, but only in the extent of the remaining period of the previous probaal period. (2) If the holder of a driving licence is not a holder of a driving licence for a criminal offence committed during the trial period, or In the event of an administrative offence, a final decision taken pursuant to section 28 (3) (1) or (3) (a) or (c) of the Rules of Procedure shall apply, even if the probationary period has expired or the driving licence has expired in accordance with § 6e paragraph 2 has been revoked, the driving licence authority

1.

order its participation in an advanced seminar and set a time limit for such a seminar if it has committed a serious or two less serious infringement,

2.

to warn him in writing and to inform him, within two months, of taking part in a traffic-psychological consultation referred to in paragraph 7 if, after taking part in an advanced seminar, he or she has another serious or two has committed further less serious infringements,

3.

withdraw the licence if, after expiry of the period referred to in paragraph 2, he or she has committed another serious or two other less serious infringement within the period of the trial period.

The driving licence authority shall be bound by the measures referred to in points 1 to 3 to the final decision on the offence or the administrative offence. (2a) The trial period shall be extended by two years if the participation in a postgraduate seminar is extended to Paragraph 2, first sentence, No 1. The trial period shall also be extended by two years, if the order has not been issued because the driving licence has been withdrawn or the holder has waived the driving licence. (3) If the holder of a driving licence is a driver, the driver shall be entitled to if the competent authority has failed to comply with the provisions of paragraph 2, first sentence, no. 1, the driving licence shall be withdrawn. (4) The withdrawal of the driving licence in accordance with § 3 shall remain unaffected; the competent authority may: , in particular, the contribution of an expert opinion to an officially recognised If the holder of a driving licence has committed infringements within the probationary period which, in the circumstances of the individual case, have already given rise to the assumption that he or she is responsible for driving motor vehicles, order the appropriate assessment body for the appropriation of the driving licence. is unsuitable. If, on the basis of the opinion, the Authority does not consider that the Authority has not been able to do so, it shall have the right to participate in an advanced seminar if the holder of the driving licence had not already participated in such a course. Paragraph 3 shall apply accordingly. (5) A driving licence has been withdrawn

1.

in accordance with § 3 or Section 4 (5) sentence 1 (3) of this Act, because infringements have been committed within the trial period, or in accordance with Section 69 or Section 69b of the Criminal Code,

2.

in accordance with paragraph 3, because an order to take part in an advanced seminar has not been complied with,

or if the driving licence has been revoked in accordance with Article 6e (2), a new driving licence shall be granted only if the applicant proves that he has taken part in an advanced training seminar. The same shall apply if the applicant has not taken part in an arranged advanced seminar or the order has not been carried out only because the driving licence has been withdrawn for other reasons or in the meantime he/she has not taken part in a training seminar. the driving licence has not been granted. If the driving licence has been withdrawn pursuant to the first sentence of paragraph 2, a new driving licence shall not be issued at the earliest three months after the effectiveness of the withdrawal; the period shall commence with the delivery of the driving licence. Paragraph 2 shall not apply to a new probative period beginning with the granting of a driving licence following prior withdrawal in accordance with paragraph 1, sentence 7. In such a case, the competent authority shall, as a general rule, arrange for the submission of an opinion from an officially recognised assessment body for the suitability of the driving licence as soon as the holder of a driving licence is re-established within the new probationary period. has committed serious or two less serious infringements. (6) objection and action to be taken against the placement of the training seminar referred to in the first sentence of paragraph 2 and the second sentence of paragraph 4, and the withdrawal of the licence referred to in paragraph 2 Sentence 1 (3) and (3) do not have a suspensive effect. (7) In the traffic psychology Advice should be given to the holder of a driving licence on a sample, to identify deficiencies in his attitude to road transport and to the conduct of road safety, and to develop a willingness to reduce these deficiencies. The consultation takes place in the form of an individual interview. It may be supplemented by a driving sample, if the adviser considers it necessary. The adviser is to clarify the causes of the deficiencies and identify ways to eliminate them. Findings from the consultation are only intended for the holder of a driving licence on a sample and only to be communicated to the holder. However, the holder of a driving licence on the sample shall receive a certificate of participation in the submission to the authority responsible under national law. The consultation may only be carried out by a person who is officially recognized for this purpose. The official recognition shall be granted if the applicant

1.

is personally reliable,

2.

at the conclusion of a university degree as a graduate psychologist or an equivalent master's degree in psychology, and

3.

In accordance with Article 6 (1) (1) (u), a training and experience in the field of transport psychology according to the provisions of Article 6 (1) of the Law are given.

Unofficial table of contents

§ 2b Building seminar in case of infringement within the probaation period

(1) Participants in advanced seminars should be encouraged to develop a more risk-conscious attitude in road traffic and to behave in a safe and considerate way through participation in group discussions and in a driving test. On request, the issuing authority may allow the person concerned to take part in a single seminar. (2) The advanced seminars may only be carried out by instructors who are holders of a corresponding permit under the driving instructive law. Special build-up seminars for holders of a driving licence on a sample which have participated in the traffic under the influence of alcohol or other intoxicating means shall be provided for in accordance with the provisions of Section 6 (1) (1) (1) (1) (1) (1) (1) (1)) (3) If the participant is not a holder of a driving licence or is not subject to a legally binding driving ban, the following shall apply with regard to the driving test § 2 Par. 15 accordingly. Unofficial table of contents

Section 2c Information of the driving licence authorities by the Federal Office of the Federal Republic of Germany

The Federal Motor Service shall inform the competent authority if decisions are entered into the register of driving licences via the holder of a driving licence, which may lead to orders pursuant to Section 2a (2), (4) and (5). To this end, it shall transmit the necessary data from the Central Driving Licences Register as well as the contents of the entries in the Travel Suitability Register of the offences committed during the probationary period and the administrative offences. If the information referred to in the first sentence has already taken place, the Federal Motor Services Office shall also draw attention to this in the case of further sub-directions. Unofficial table of contents

§ 3 Disqualification of driving licences

(1) If someone proves to be unsuitable or unable to drive motor vehicles, the driving licence authority shall withdraw the driving licence. In the case of a foreign driving licence, the withdrawal-even if it takes place in accordance with other provisions-has the effect of withdrawing the right to make use of the driving licence in Germany. § 2 (7) and (8) shall apply in accordance with. (2) The driving licence shall be issued with the withdrawal of the licence. In the case of a foreign driving licence, the right to drive motor vehicles shall be issued domestily. After withdrawal, the driving licence must be delivered to the driving licence authority or to be submitted for the registration of the decision. Sentences 1 to 3 shall also apply if the driving licence authority dismisses the driving licence pursuant to other provisions. (3) As long as the holder of the driving licence is subject to a criminal procedure in which the withdrawal of the driving licence pursuant to section 69 of the Criminal code, the driving licence authority must not take into account the facts which are the subject of the criminal proceedings in an equalisation procedure. This shall not apply if the driving licence has been issued by a service of the Bundeswehr, the Federal Police or the police for service vehicles. (4) Will the driving licence authority take into account a matter of fact in an equalisation procedure, the subject-matter of the judgment has been in criminal proceedings against the holder of the driving licence, the latter may not derogate from the content of the judgment, in so far as it relates to the determination of the facts or to the facts of the case. Assessment of the debt issue or suitability for driving motor vehicles. The criminal order and the court decision, which rejects the opening of the main proceedings or the request for the order of a criminal order, shall be the same; this shall also apply to fines decisions, insofar as they relate to: (5) The driving licence authority may transmit to the police the administrative or judicial deprivation of the licence or the existence of a driving ban, to the extent that this is not the case. in individual cases for police surveillance in road transport (6) By means of a legal regulation in accordance with § 6 (1) (1) (r), time limits and conditions may be

1.

for the granting of a new driving licence after prior withdrawal or after prior renunciation,

2.

in order to re-use the right of persons with an orderly residence abroad, after prior withdrawal from a foreign driving licence, to be re-used in the country,

shall be determined. Unofficial table of contents

§ 4 Driving appropriation evaluation system

(1) In order to protect against the risks posed by holders of a driving licence which repeatedly infringe road transport or road transport legislation relating to the safety of road transport, the following shall apply: National law competent authority to take the measures referred to in paragraph 5 (appropriation assessment system). The provisions referred to in the first sentence shall be the same as those laid down in the first sentence.

1.

of measures to rescue people from danger to life and limb, or

2.

civil claims of an accident participant

are used. The fitness assessment system shall not apply where the need for prior or other measures relating to the suitability of the driving licence in accordance with the provisions relating to the withdrawal of the driving licence pursuant to Article 3 (1) or (a) on the basis of § 6 (1) (a) Article 1 (1) (1). The driving suitability assessment system and the rules governing driving licences shall be applied side-by-side. (2) For the application of the driving suitability assessment system, those in a legal regulation pursuant to Article 6 (1) (1) (s)) shall apply. , offences and administrative offences. They shall be assessed in accordance with the provisions of the Regulation referred to in the first sentence:

1.

Offences relating to road safety or equivalent offences, provided that in the decision on the offence the withdrawal of the driving licence in accordance with § § 69 and 69b of the Criminal Code or a lock pursuant to section 69a (1) sentence 3 of the The Penal Code has been ordered, with three points,

2.

Offences relating to road safety or equivalent offences, if they are not covered by point 1, and, in particular, offences affecting traffic security or equivalent offences with two points, and

3.

Administrative offences affecting road safety or equivalent traffic with one point.

Points arise with the commission of the offence or regularity, provided that it is punishable by law. To the extent that a decision has been made in the case of criminal or administrative offences on the part of the offence, only the infringement with the highest number of points shall be taken into account. (3) If a driving licence is issued, points may be made for prior to the grant of the licence. shall no longer take account of decisions which have become final on infringements. These points will be deleted. The rates 1 and 2 shall also apply where:

1.

revoke the driving licence,

2.

a ban pursuant to Section 69a (1) sentence 3 of the Criminal Code, or

3.

the driving licence waived

, and the driving licence shall be reissued thereafter. The rates 1 and 2 shall not apply to:

1.

Withdrawal of the driving licence pursuant to Article 2a (3),

2.

Renewal of a driving licence,

3.

granting of a temporary licence issued after a fixed-term licence has been issued;

4.

Extension of a driver's licence or

5.

simplified granting of a driving licence to a holder of a service licence or holder of a foreign driving licence.

(4) Holder of a driving licence with a score of one point up to three points shall be subject to the storage of the underlying decisions pursuant to § 28 (3) (1) or (3) (a) or (c) for the purposes of the (5) The authority competent under national law must take the following steps in relation to holders of a driving licence as soon as the following points in the sum result:

1.

If there are four or five points, the holder of a driver's licence shall be required in writing when one of these points is reached;

2.

if six or seven points arise, the holder of a driving licence shall be warned in writing when one of these points is reached;

3.

if eight or more points are obtained, the holder of a driving licence shall be deemed to be unfit to drive motor vehicles and the driving licence shall be withdrawn.

The warning referred to in the first sentence of the first sentence and the warning in accordance with the second sentence of paragraph 2 shall also contain the indication that a training seminar in accordance with § 4a may be voluntarily visited in order to improve the behaviour of the traffic; in the case of warning, the seminar shall be accompanied by a warning. in addition to the notice that no point withdrawal is granted for this purpose. The warning referred to in point 2 of the first sentence shall be notified to the effect that, when eight points are reached, the driving licence shall be withdrawn. In the case of the measures provided for in the first sentence, the competent authority in accordance with the law of the country shall be bound by the final decision on the offence or the offence of administrative offence. It shall, in order to take the measures referred to in the first sentence, put an end to the point of point which has arraigned at the time of the commission of the last offence or administrative offence leading to the action of the measure. In the calculation of the point level, infringements shall be

1.

, regardless of whether measures have already been taken after they have been committed,

2.

shall be taken into account only if their repayment period has not yet expired at the date referred to in the fifth sentence.

Subsequent reductions in the score on the basis of repayments shall not be taken into account. (6) The competent authority in accordance with the law of the country may not take any measure referred to in the first sentence of paragraph 5 (2) or (3) only if the measure of the preceding subparagraph is The stage referred to in paragraph 5, first sentence, point 1 or 2, has already been taken. If the measure of the stage before it has not yet been taken, it shall be taken. In the case of the sentence 2, the score shall be reduced with effect from the date of the exhibition of the

1.

A reminder of five points,

2.

Warning of seven points,

if the score at this point is not already lower by repayments or point deductions. Points in respect of infringements committed before the reduction referred to in the third sentence and of which the competent authority competent under national law only becomes aware of the reduction shall increase the level of points resulting from the rate of sentence 3. Subsequent repayments or punctuation shall be based on the level of points resulting from the application of sentences 3 and 4. (7) Take the right of a driving licence to participate in a training seminar and place them on the basis of national law. the competent authority shall, within two weeks after the end of the seminar, issue a certificate of attendance, a point of one to five points shall be deducted from the competent authority; the point of point at the time of the issuing of the certificate shall be the decisive factor Certificate of participation. The visit of a driving suitability seminar only leads to a point reduction once within five years. The date of issue of the certificate of attendance is decisive for the score to be reduced and for the calculation of the five-year period. (8) In order to prepare the measures referred to in paragraph 5, the Federal Office of the Federal Republic of Germany has reached the respective level of the respective Point levels referred to in paragraph 5, including in conjunction with paragraphs 6 and 7, shall transmit to the competent authority, in accordance with national law, the existing entries from the register of travel registers. Irrespective of the first sentence, the Federal Motor Services Office shall, in any decision which has been taken on the grounds of an infringement, have

1.

Section 315c (1) (1) (a) of the Penal Code,

2.

§ § 316 or 323a of the Criminal Code or

3.

§ § 24a or 24c

(9) The objection and the action taken against the withdrawal pursuant to the first sentence of the first paragraph of paragraph 5 do not have a suspensive effect. (10) If the driving licence has been withdrawn in accordance with paragraph 5, first sentence, point 3, a new driving licence may not be issued at the earliest six months after the effectiveness of the withdrawal. This shall also apply in the case of a waiver of the driving licence if at least two decisions pursuant to Section 28 (3) (1) or (3) (a) or (c) were stored at the time of the effectiveness of the waiver. The period referred to in the first sentence, also in conjunction with the second sentence, shall begin with the delivery of the driving licence in accordance with Article 3 (2), third sentence, in conjunction with the sentence 4 of the latter. In the cases referred to in the first sentence, including in conjunction with the second sentence, the competent authority of national law shall, without prejudice to the fulfilment of the other conditions governing the issue of the driving licence, demonstrate that the suitability for carrying out the driving licence shall be: Motor vehicles are to be arranged, as a rule, to provide an expert opinion of an officially recognised assessment body for the suitability of the vehicle. Unofficial table of contents

Section 4a Fahreignungsseminar

(1) The aim of the fitness seminar is to ensure that the participants identify and reduce safety-related deficiencies in their traffic behaviour and in particular in their driving behaviour. To this end, participants should be provided with knowledge of road traffic law, hazard potential and traffic-safe behaviour in road transport, through analysis and correction of safety-related behaviours, as well as by showing the conditions and correlations of irregular traffic behaviour. (2) The fitness seminar consists of a traffic education and a transport-psychological sub-measure, which are to be coordinated with each other. . You have the right to perform

1.

for the traffic education sub-measure driving instructor, who via a seminar permit in traffic education according to § 31a of the Fahrlehrergesetz (Fahrteachers Act) and

2.

for the transport psychological sub-measure persons who are subject to a seminar permit for transport psychology referred to in paragraph 3

(3) Anyone who carries out the traffic-psychological sub-measure of the training seminar within the meaning of the second sentence of paragraph 2 (2) requires the permission (seminar permit for traffic psychology). The seminar permit shall be issued by the competent authority in accordance with the law of the country. The competent authority in accordance with the law of the country may subsequently order requirements to the extent necessary to ensure compliance with the requirements for the training seminars and the proper implementation of such seminars. § 7 of the Fahrlehrergesetz (Fahrlehrergesetz) shall apply accordingly. (4) The seminar permit shall be issued on request, if the applicant

1.

has a degree in psychology or an equivalent Master's degree in Psychology,

2.

Training in the field of transport psychology at a university or equivalent institution or body dealing with the assessment or re-establishment of the suitability for use of force, or a professional psychological qualification according to the state of the Science has gone through,

3.

on Experience in Transport Psychology

a)

a minimum of three years ' assessment of drivers at a point of assessment for the suitability of the vehicle, or at least three years of special training seminars or courses to restore the suitability for use of force,

b)

for at least five years of professional transport psychological activity, proof of such activity by means of confirmations of authorities or assessment bodies for driving suitability or through the documentation of ten treatment measures for traffic-related cases Drivers who have been completed with a positive assessment can be provided, or

c)

at least three years of freelance transport psychological activity after prior acquisition of a qualification as a clinical psychologist or psychotherapist in accordance with the state of the art

,

4.

in the register of tickets with no more than two points, and

5.

a spatial and factual equipment suitable for carrying out the traffic-psychological sub-measure.

Permission shall be refused if there are facts which give rise to concerns about the reliability of the applicant. (5) The licence for transport psychology shall be withdrawn if, in the course of its grant, one of the conditions set out in paragraph 4 is met. has not been located. The competent authority in accordance with the law of the country may depart from the withdrawal if the defect no longer exists. The seminar permit shall be revoked if any of the conditions referred to in paragraph 4 have subsequently been omitted. Concerns about reliability are in particular when the seminar leader has repeatedly violated the duties which he or she is responsible for under this law or the legal regulations which are based on him. (6) The holder of a seminar permit Traffic psychology has to store the personal data which has become known to him as the head of the seminar for the transport-psychological sub-measure and shall immediately, five years after the date of issue of a compulsory certificate of participation, be sent to delete. The data referred to in the first sentence may

1.

are used by the holder of the seminar permit for transport psychology at the latest nine months after issuing the certificate of attendance for the implementation of the respective travel suitability seminar,

2.

is transmitted by the holder of the seminar permit traffic psychology of the Federal Highway and used for evaluation in accordance with § 4b,

3.

shall be transmitted by the Federal Road Administration or on its behalf to third parties carrying out or participating in the evaluation in accordance with § 4b on behalf of the Federal Highway Agency, and used by the third parties for evaluation,

4.

The holder of the seminar permit in transport psychology only in the form of name, first name, date of birth and address of the seminar participant as well as his signature on the certificate of participation

a)

to the competent authority under national law and to be used by the competent authority for the purpose of monitoring in accordance with paragraph 8;

b)

to third parties who operate a quality system approved by the competent authority in accordance with the sixth sentence of paragraph 8 and to which the holder of the seminar permit shall participate in transport psychology, and within the framework of this quality assurance system shall be used.

The recipients in accordance with the second sentence shall delete the data immediately if they are no longer required for the purposes specified in sentence 2, but no later than five years after the certificate of attendance is issued after the first sentence of 1. (7) Each holder a seminar permit on transport psychology has to take part in a training course of at least six hours per year, in particular with regard to the suitability of the transport system. (8) The implementation of the transport-psychological sub-measure of the A seminar on the suitability of a driving fitness seminar is subject to the supervision of the competent authority. The competent authority in accordance with the law of the country may be used in the supervision of appropriate persons or bodies according to national law. The competent authority of the country shall, at least once every two years, check whether the statutory requirements for the implementation of the transport-psychological sub-measure are complied with. The holder of the seminar permit traffic psychology has to make the examination possible. The period referred to in the third sentence may be extended to four years by the competent authority of the country concerned, where no or only minor deficiencies have been identified in two successive checks. The competent authority in accordance with the law of the country may depart from the periodic monitoring referred to in sentences 1 to 5 if the holder of a seminar permit is responsible for a transport psychology certificate recognised by the competent authority under national law. The quality system has been connected. In the case of the sixth sentence, the power of the competent authority under national law shall remain unaffected for the purposes of the sentences 1 to 5. The Federal Ministry of Transport and Digital Infrastructure is to determine, with the consent of the Federal Council, a requirement for quality assurance systems and rules for the implementation of quality assurance by means of a legal regulation. Unofficial table of contents

§ 4b Evaluation

The fitness seminar, the regulations on this and the implementation are scientifically accompanied and evaluated by the Federal Institute for Road Engineering. In particular, the evaluation shall examine whether the fitness seminar has a behavior-improving effect in terms of road safety. Until May 1, 2019, the Federal Ministry of Transport and Tourism has submitted the results of the evaluation to the Federal Ministry of Transport and Digital Infrastructure in a report for forwarding to the German Bundestag (Bundestag). Unofficial table of contents

§ 5 Loss of documents and marks

There is an obligation to deliver or submit a driving licence, vehicle headlamp, trailer directory, vehicle briefs, proof of the allocation of the official registration mark or of the type-approval or EC type-approval, of a foreign driving licence or certificate of admission or an international driving licence or certificate of admission or official license plate or mark of insurance and claims the pledge, the obligation to supply or the submissions therefore not to be able to do it, because the sham, the directory, the letter, the proof or the marks have been lost or have otherwise been lost, he shall, at the request of the managing authority, take out insurance on oath instead of the whereabouts of the certificate, directory, briefs, proof or the License plate. This also applies if someone for a lost or otherwise lost line, letter or proof or a lost or otherwise lost trailer directory or license plate a new copy or a new copy Mark applied for. Unofficial table of contents

Section 5a

(dropped) Unofficial table of contents

Section 5b Entertainment of traffic signs

(1) The costs of the procurement, affixing, removal, maintenance and operation of the official traffic signs and facilities, as well as the other traffic signs approved by the Federal Ministry of Transport and Digital Infrastructure; and -equipment shall be carried by the road load carrier for the road in which it is fitted or fitted, with the road load being divided, of the road load carrier responsible for the continuous carrierway. If a carrier does not bear the road load, the owner of the road shall bear the costs. (2) By way of derogation from paragraph 1, these costs shall be borne by the owner of the road.

a)

the operators of the rail tracks for Andreascrosses, barriers, flashing lights with or without half-barriers;

b)

entrepreneurs within the meaning of the Passenger Transport Act (Passenger Transport Act);

c)

the municipalities in the local passage for parking meters and other devices or facilities for the surveillance of the parking time, road signs, railings, signs to local destinations and road signs for lanterns which do not burn all night;

d)

the contractors and other operators of work on and off the road for traffic signs and equipment required by this work;

e)

the operators of repairers, petrol stations and other facilities and events for the appropriate official or authorised signs;

f)

the carriers of the road construction load of the roads from which the traffic is to be diverted, for road signs for demand diversions.

(3) The Federal Ministry of Transport and Digital Infrastructure is empowered to determine, by means of a legal regulation with the consent of the Federal Council, when new official traffic signs and facilities are introduced, that by way of derogation from paragraph 1, the Costs in accordance with the provisions of paragraph 2 are to be borne by another. (4) Cost arrangements based on cross-law regulations according to federal and state law shall remain unaffected. (5) This cost arrangement shall also cover the costs of Traffic censuses, noise measurements, noise calculations and exhaust gas measurements. (6) For technical reasons or because of the safety and lightness of road traffic, road signs or transport facilities shall not be placed on the road, the owners of the landings shall be allowed to apply the installation. Damage caused by the installation or removal of the traffic signs or transport equipment must be eliminated. Where the use of a land or its value is not insignificantly affected by the traffic signs or transport facilities, or if the traffic signs or traffic signs are removed, damage caused by the use or removal of traffic signs or traffic signs , it is necessary to provide adequate compensation in the form of money. In order to remedy the damage and to compensate for compensation, the person responsible for the costs of the traffic signs and transport equipment shall be obliged to pay the costs. If an agreement is not reached, the higher administrative authority shall decide. Before the decision, the participants must be heard. The State Governments shall be authorized to determine by means of a regulation the competent authority, by way of derogation from the fifth sentence. You can transfer this authorization to the supreme state authorities. Unofficial table of contents

§ 6 Implementing Regulations

(1) The Federal Ministry of Transport and Digital Infrastructure is authorized to issue legal regulations with the consent of the Federal Council of Germany

1.

the admission of persons to road transport, in particular:

a)

Exceptions to the driving licence requirement in accordance with § 2 (1) sentence 1, requirements for driving licence-free motor vehicles, exceptions to individual grant conditions pursuant to § 2 para. 2 sentence 1 and the requirement of supervision and supervision by a driving instructor pursuant to § 2 (15) sentence 1,

b)

the contents of the driving licence classes pursuant to § 2 (1) sentence 2 and the special permit pursuant to § 2 (3), the period of validity of the driving licence of categories C and D, their subclasses and trailer classes, the validity period of the driving licences and the special permission pursuant to § 2 para. 3 as well as conditions and restrictions on the driving licence and the special permit pursuant to § 2 para. 3,

c)

the requirements for suitability for driving motor vehicles, the assessment of suitability by expert opinions and the determination and verification of suitability by the driving licence authority in accordance with § 2 (2) sentence 1 no. 3 in conjunction with para. 4, 7 and 8,

d)

the measures for the elimination of aptitude defects, in particular the content and duration of appropriate courses, participation in such courses, the requirements of the instructors and the certification of quality assurance, the content of which, including the the processing and use of personal data required for this purpose and the assessment, including the procedural and technical requirements, the bodies responsible for quality assurance, or persons through the Bundesanstalt für Straßenwesen, to ensure the proper implementation of the to ensure that an exchange of experience is required under the direction of the Federal Highway Research Institute,

e)

the examination of the qualification for driving motor vehicles, in particular the admission to the examination and the content, structure, procedure, evaluation, decision and repetition of the examination in accordance with § 2 (2) sentence 1 no. 5 in conjunction with para. 5, 7 and 8 as well as the testing of new examination procedures,

f)

the examination of the environmentally responsible and energy-saving mode of driving in accordance with § 2 (2) sentence 1 no. 5 in conjunction with paragraph 5 (4),

g)

the further provision of the other requirements pursuant to § 2 (2) sentence 1 and 2 for the granting of the driving licence and the conditions for granting the special permit pursuant to § 2 (3),

h)

the proof of personal data, the photograph and the communication and the evidence of the existence of the conditions in the application procedure pursuant to § 2 (6),

i)

the special provisions for service licences in accordance with § 2 (10) and the issuing of general driving licences on the basis of service licences,

j)

the admission and registration of holders of foreign driving licences and the handling of foreign driving licences delivered pursuant to § 2 para. 11 and § 3 para. 2,

k)

the recognition or appointment of bodies or persons pursuant to section 2 (13), the supervision of them, the transfer of such supervision to other bodies, the certification of quality assurance, the content of which, including the the processing and use of personal data required and the assessment, including the procedural and technical requirements, the bodies responsible for quality assurance or persons through the Bundesanstalt für Straßenwesen, in order to ensure the proper and uniform implementation of the To ensure the evaluation, examination or training in accordance with § 2 (13), whereby an exchange of experience can be prescribed under the direction of the Bundesanstalt für Straßenwesen, as well as the processing and use of personal data for the purposes of the Recognition or assignment of assigned task performance in accordance with § 2 para. 14,

l)

Exceptions to the probational period, the calculation of probational periods for the granting of a general driving licence to holders of service licences in accordance with Section 2a (1), the endorsement of the probational period in the driving licence,

m)

the classification of the decisions relating to criminal offences and administrative offences stored in the register of suitability for use as serious or less serious for the measures under the driving licence rules in accordance with section 2a (2),

n)

the requirements for the training seminars, the special training seminars and training seminars, in particular the content, methods and duration, including the power of the authority competent under national law to determine the equivalence of others Contents and methods, participation in the seminars according to § 2b (1) and (2), the requirements for the seminar leaders and their recognition in accordance with § 2b (2) sentence 2 or their seminar permission in accordance with § 4a (2), the requirements to be met by the Quality assurance, its content and methods, including the necessary collection, Processing and use of personal data, the requirements for the evaluation and monitoring of compliance with the requirements, as well as exceptions to the supervision, including the power of the competent authority in accordance with the country's law approval of a quality assurance system, whereby an assessment of the quality system by the Federal Highway Agency and an exchange of experience under the direction of the Federal Highway Research Institute can be prescribed,

o)

the transmission of the data in accordance with § 2c, in particular on the extent of the data to be transmitted and the type of transmission,

p)

Measures to achieve a more responsible attitude in road transport and thus to reduce the particular accident risks of new entrants

-

by an education which combines school traffic education with the training in accordance with the provisions of the Driving Teasers Act, as a prerequisite for the granting of the driving licence within the meaning of § 2 (2) sentence 1 no. 4 and

-

through the voluntary training in appropriate seminars after the acquisition of the driving licence with the possibility of abbreviation of the trial period, in particular on the content and duration of the seminars, the requirements for the seminar leaders and the persons involved in the training in the -carry out practical exercises on suitable areas for this purpose, the recognition and supervision of them, the quality assurance, their content and the scientific monitoring, including the necessary Processing and use of personal data as well as on the, even initially only for Model-based testing of temporary, introduction in the countries by the supreme state authorities, the bodies designated by it or by national law,

q)

§ 3 (1), as well as the delivery, presentation and further handling of the driving licences according to § 3 (1). 3 (2),

r)

the re-issuance of the driving licence after prior withdrawal or prior renunciation and the granting of the right to re-use after prior withdrawal or a prior renunciation of a foreign driving licence in accordance with Article 3 (6),

s)

the name of the offences and administrative offences, even where they relate to provisions of the law on the carriage of goods or to the provisions of Article 4 (1), second sentence, of the same provisions as those referred to in the context of the assessment of the suitability of the travel assessment system; and the evaluation of these

aa)

criminal offences relating to road safety,

aaa)

if, in the decision on the offence, the withdrawal of the driving licence has been ordered in accordance with § § 69 and 69b of the Criminal Code or a lock pursuant to Section 69a (1) sentence 3 of the Criminal Code, with three points or

bbb)

in the other cases with two points,

bb)

Irregularities as

aaa)

, in particular, an administrative offence with two or more points, or

bbb)

anti-regularity with one point;

the name of the offences shall be based on their importance for road safety, the name and the assessment of the offences shall be their respective importance for the safety of road transport and the level of the offences on the basis of the threatened rule of the fine,

t)

(dropped)

u)

requirements for traffic psychology advice, in particular on the content and duration of advice, participation in the consultation, as well as the requirements for the advisers and their recognition in accordance with § 2a (7),

v)

the production, delivery and design of the design of the driving licence and its copy, and the determination of who carries out the manufacture and delivery, in accordance with Article 2 (1) sentence 3,

w)

the jurisdiction and the procedure for administrative measures under this law and the legislation based on this law, as well as the power of the authorities responsible under national law, exceptions to § 2 (1) sentence 3, subsection 2 sentence 1 and 2, para. 15, § 2a (2), first sentence, points 1 to 3 and paragraph 7, sentence 7, point 3, section 2b (1), § 4 (5) sentence 1, point 3, paragraph 10, as well as exceptions to the legislation based on that law,

x)

the content and validity of driving licences issued so far, the exchange of driving licences whose samples are no longer issued, and the re-issuance of driving licences whose validity has expired, and the rules of the the ownership in the case of the exchange or the re-exhibition,

y)

measures to ensure the safe participation of other persons in the road transport sector and the measures taken, where appropriate or unsuitable or not capable of participating in road transport;

1a.

(dropped)

2.

the registration of vehicles with regard to road transport, including derogations from the authorisation, condition, equipment and testing of vehicles, in particular:

a)

Conditions for the approval of motor vehicles and their trailers, in particular the construction, nature, inspection, equipment and operation, inspection and testing, type-approval and approval, and identification of the vehicles and vehicle parts, in order to ensure their road safety and to protect the occupants and other road users from injury in the event of a road accident or to mitigate the extent or consequences of such accidents (protection of road users),

b)

Requirements for motor vehicles and trailers which are free of registration, in order to ensure their safety and the protection of road users, exemptions from the obligation to permit motor vehicles and trailers to be granted in accordance with Article 1 (1) and the marking registration-free vehicles and vehicle parts for the purpose of demonstrating the timing of their delivery to the final consumer,

c)

the nature and content of the approval, construction, nature, equipment and operation of the vehicles and parts of the vehicle, their inspection and testing, the type-approval and approval and the marking,

d)

proof of approval by vehicle documents, the design of the samples of the vehicle documents and their production, delivery and production, and the determination of who may carry out the production and delivery,

e)

the manufacture, supply, diversion, acquisition and use of vehicle parts, which must be carried out in an officially approved type;

f)

general type-approval or type-approval, type-approval or similar opinions of vehicles and parts of the vehicle, including the type, content, detection and marking, and type-assessment and type-approval,

g)

the conformity of the products with the approved, evaluated or tested type, including the requirements B. production procedures, tests and certifications, and evidence of this;

h)

the requirement of quality assurance systems, including the requirements, tests, certifications and evidence thereof, and other obligations of the holder of the permit or permit,

i)

the recognition of

aa)

Bodies for testing and evaluating vehicles and vehicle parts and

bb)

Bodies for the testing and certification of quality assurance systems, including the conditions therefor, and

the modification and termination of recognition and certification, including the necessary conditions for modification and termination, and the procedure; the bodies for testing and evaluating vehicles and parts of the vehicle must be subject to the following conditions: , in order to be recognised, ensure that, in the case of the competent authority requested, the audit tasks are properly carried out in accordance with the general criteria for the operation of test laboratories and the required motor vehicle-specific the criteria for staffing and equipment will be met,

j)

the recognition of foreign licences and permits, as well as foreign assessments, tests and markings for vehicles and vehicle parts,

k)

the modification and termination of the authorisation and operation, permit and permit, and identification of the vehicles and parts of the vehicle,

l)

The nature, scope, content, location and time intervals of the periodic examinations and tests to ensure the safety of vehicles and the protection of road users, as well as requirements for inspection bodies and professional staff. Conduct of investigations and tests, including the requirements of a central body formed and carried by the institutions of the Technical Test bodies and by officially recognised monitoring organisations, for the purpose of verifying the Practicality of test specifications or their elaboration, as well as the taking of vehicles and vehicle parts, including the necessary spaces and equipment, training courses, training centres and institutions,

m)

proof of the periodic examinations and tests and the taking-off of vehicles and parts of the vehicle, including the assessment of the deficiencies identified in the investigations and tests, and the transmission of the identified deficiencies to the respective manufacturers of vehicles and vehicle parts as well as the federal power station; the transfer of personal data shall not be permitted,

n)

confirmation of the official recognition of monitoring organisations, insofar as they were recognised before 18 December 2007, and the recognition of monitoring organisations for the purpose of carrying out regular investigations and examinations, and Take-off, the organisational, staffing and technical conditions for the recognition, including the qualification and requirements of the staff and equipment, as well as the conditions and conditions attached to the recognition, and Conditions to ensure proper and consistent examinations, tests and to ensure the removal of such products by efficient organisations,

o)

the necessary civil liability insurance of recognised monitoring organisations to cover all claims arising in connection with investigations, examinations and deductises as well as the exemption of the person responsible for the recognition and supervision Country of claims by third parties for damage caused by the organization,

p)

official recognition of manufacturers of vehicles or vehicle parts for the purpose of testing speed limitation devices, tachographs and recording equipment, official recognition of motor vehicle repair shops for the purpose of carrying out regular inspections of vehicles or vehicles tests carried out on such equipment, for the carrying out of exhaust gas tests and gas plant tests on motor vehicles and for the carrying out of safety tests on commercial vehicles, as well as the conditions and conditions associated with the recognition of such tests, in order to: Proper and uniform technical tests , to ensure the organisational, staffing and technical conditions for the recognition, including the qualification and requirements of professional staff and equipment, as well as the collection, processing and use of personal data the data of the holder of the recognition, its representative and the persons responsible for carrying out the checks, by the authorities responsible for the recognition and supervision, in order to ensure proper and consistent technical checks;

q)

the necessary insurance for the liability of officially recognised manufacturers of vehicles or vehicle parts and of motor vehicle repair shops to cover all claims arising in connection with the tests referred to in point (p) and the exemption the country responsible for the recognition and supervision of claims by third parties for damage caused by the workshop or by the manufacturer,

r)

Measures taken by the bodies and persons responsible for carrying out the periodic examinations and tests, as well as the take-off and appraisal of vehicles and vehicle parts, for quality assurance, the content of which, including the the processing and use of personal data necessary to ensure the proper testing, testing, taking-off and assessment of vehicles and vehicle parts carried out in accordance with the same standards,

s)

the responsibility and obligations and rights of the holder in the context of the authorisation and operation of vehicles registered on it and of the holder of vehicles not subject to approval,

t)

responsibility and the procedure for administrative measures in accordance with this Act and the legislation based on this Act, for approval, review, inspection, acceptance, periodic examinations and examinations, type-approval, approval and labelling,

u)

exceptions to the second sentence of § 1 (1) and (3), as well as the exceptions to the legislation adopted pursuant to this Act, and the powers to do so,

v)

the admission of foreign motor vehicles and trailers, the conditions for this, the recognition of foreign registration documents and registration plates, measures to be taken in the event of infringement of the provisions adopted pursuant to the Road Traffic Act,

w)

measures and requirements in order to ensure the safe participation of non-motorised vehicles on the road;

x)

different conditions for the granting of a type-approval for individual vehicles and combinations of vehicles for large-scale and heavy-duty vehicles and for working machines, in so far as these conditions are justified by the intended use and can be standardised without prejudice to vehicle safety, the inspection of the vehicles and confirmation of compliance with the conditions by an officially recognised expert;

3.

the other necessary for the maintenance of safety and order on public roads, for the purpose of defence, for the prevention of the use of the roads beyond the usual means of transport, or for the prevention of harassment, measures relating to road transport, inter alia:

a)

(dropped)

b)

(dropped)

c)

on the minimum age of the drivers of vehicles and their behaviour,

d)

on the protection of the resident population and those seeking recovery from noise and exhaust gas from motor vehicle traffic and restrictions on transport on Sundays and public holidays,

e)

Prohibition, motor vehicle trailers and motor vehicles with a permissible gross laden weight exceeding 7,5, within closed villages, with the exception of designated parking spaces, industrial and industrial areas, tonnes in the period from 10 pm to 6 o'clock and on Sundays and public holidays, to be parked regularly,

f)

via locals and signposts,

g)

on the prohibition of advertising and propaganda by means of images, writing, lighting or sound, insofar as they are appropriate, outside closed towns, to the attention of road users in a manner which is dangerous to the safety of transport to deflect or reduce the ease of traffic,

h)

on the restriction of road transport to the protection of cultural events taking place outside the road area where this is in the public interest,

i)

on the prohibition on the use of technical equipment on or in the motor vehicle intended to affect traffic monitoring;

4.

(dropped)

4a.

the behaviour of those involved in the event of a road accident, which is necessary to:

a)

to secure traffic and help those injured,

b)

to determine the nature of the participation in order to clarify and safeguard civil claims; and

c)

to be able to claim liability;

5.

(dropped)

5a.

Construction, quality, equipment and operation, inspection, inspection, acceptance, type-approval, approval and identification of the vehicles and parts of the vehicle, as well as the behaviour in road transport for protection against vehicles originating from vehicles harmful environmental impacts within the meaning of the Federal Immission Code; emission limit values may also be set at a time after the entry into force of the regulation, taking into account the technical development;

5b.

the prohibition of motor vehicle traffic in the areas defined in accordance with Article 40 of the Federal Immission Protection Act after the announcement of exchange-rate weather conditions;

5c.

proof of the disposal or other remains of the vehicles after their decommissioning, in order to ensure the environmentally sound disposal of vehicles and vehicle parts;

6.

The type, scope, content, time intervals and location, including the requirements for the spaces and equipment necessary for this purpose, training, training centres and institutions, and the proof of periodic testing of vehicles and vehicle parts including the assessment of the deficiencies identified in the tests and the official recognition of monitoring organisations and motor vehicle workshops as referred to in point 2 (n) and (p) and quality assurance measures referred to in point 2 Point (r) for the protection against harmful environmental effects of vehicles in the The terms of the Federal Immission Control Act;

7.

the measures provided for in paragraphs 1 to 6, insofar as they are necessary for the fulfilment of obligations arising from intergovernmental agreements or by binding decisions of the European Communities;

8.

the nature, affixing and testing, the manufacture, distribution, issue, storage and confiscation of marks (including those which are not labelled) for vehicles to which the to combat the illegal use of identification marks or the commission of offences by means of vehicles or marks;

9.

the nature, production, distribution, use and custody of driving licences and documents, including their forms, and badges to be used by virtue of this law or of the legislation based on it; testing and stamping to combat the theft or abuse thereof in the commission of criminal offences;

10.

construction, quality, equipment and operation, inspection, inspection, acceptance and periodic inspection, type-approval and approval, and identification of vehicles and vehicle parts, in order to combat the theft of the vehicles;

11.

the identification, identification and safeguarding of stolen, lost or otherwise lost vehicles, vehicle characteristics and driving licences and vehicle documents, including their forms, unless the law enforcement authorities shall be responsible for this;

12.

the supervision of commercial renting of motor vehicles and trailers to self-drivers

a)

to combat the commission of criminal offences with rented vehicles, or

b)

on the maintenance of order and safety in road transport;

13.

the setting-up of chargeable parking at major events in the interests of public policy and public security;

14.

the restriction of holding and parking in favour of the inhabitants of urban neighbourhoods with a considerable lack of parking space and the creation of parking facilities for severely disabled persons with exceptional walking disabilities, with amelia on both sides or phocomelia or comparable functional restrictions as well as for blind people, in particular in the immediate vicinity of their home or workplace;

15.

the identification of pedestrian areas and traffic-calmed areas and the restrictions or prohibitions of vehicle traffic in order to maintain order and safety in these areas, to protect the population from noise and exhaust gases and to protect the environment; Support for an orderly development of urban development;

16.

the restriction of road traffic to research into the accident, traffic behaviour, transport operations and the testing of planned traffic-control or traffic-regulating arrangements and measures;

17.

the measures required for the maintenance of public safety relating to road transport;

18.

the establishment of special lanes for bus and coach buses and taxis;

19.

Measures taken to implement Council Directive 92/59/EEC of 29 June 1992 on general product safety (OJ L 206, 22.7.1992, p. EC No 24) are required;

20.

Measures taken to implement Directive 2000 /30/EC of the European Parliament and of the Council of 6 June 2000 on technical roadside inspection of commercial vehicles in the Community on road transport (OJ L 327, 22.9.2000, p. EC No L 203 p. 1).

(2) Legal orders referred to in paragraphs 1 (8), 9, 10, 11 and 12 (a) shall be adopted by the Federal Ministry of Transport and Digital Infrastructure and by the Federal Ministry of the Interior. (2a) Legal regulations referred to in paragraph 1 (1) (f), (3) Points (d), (e), (5a), (5b), (5c), (6) and (15) and those referred to in point 7, insofar as they relate to the measures referred to in point 1 (f), (5a), (5b), (5c) and (6), shall be provided by the Federal Ministry of Transport and Digital Infrastructure and Environment, nature conservation, construction and reactor safety. (3) Notwithstanding paragraphs 1 to 2a Regulations on the implementation of the rules on the condition, construction, equipment and testing of vehicles and parts of the vehicle, as well as legal regulations on general derogations from the provisions of this law. The Federal Ministry of Transport and Digital Infrastructure is authorized to act by the Federal Ministry for Transport and Digital Infrastructure with the consent of the Federal Council of the Federal Republic of Germany. (3a) The Federal Ministry of Transport and Digital Infrastructure is authorized to act by the Federal Council. Federal Council regulations on professional fishing, commercial divestings and (4) The Federal Ministry of Transport and Digital Infrastructure is authorized by means of a regulation which does not require the approval of the Federal Council, in the Agreement with the Federal Ministries involved, insofar as regulations are amended or replaced under this Act, references in laws and legal regulations to the amended or unresolved provisions by references to the respective regulations to replace identical new rules. (5) The National Governments shall be empowered to adopt, by means of a regulation, special provisions relating to the sharing, including the introduction and testing, of driving authorizations for the purpose of carrying out operational vehicles of the Voluntary Fire Brigade, which shall be governed by the law of the country. to adopt recognised rescue services, the Technical Relief and Civil Protection Agency on public roads in accordance with Article 2 (10a). In the case of the more detailed design, the special features of the different weight classes of the driving authorization must be taken into account in accordance with the first and fourth sentences of § 2 (10a). The State Governments may transfer the authorization pursuant to sentence 1 to the competent supreme state authority by means of a legal regulation. (6) The Federal Ministry of Transport and Digital Infrastructure is authorized, by means of a legal regulation, with the consent of the Federal Ministry of Justice and the Federal Republic of Germany. The Federal Council authorizing the national governments to grant exemptions from the legal regulations issued on the basis of section 6 (1) (2) (c), (d), (m), (r), (d), (d), (m), (r), (t) and (v) for a period of three years in order to test an authorisation procedure under The use of information and communication technology by means of a legal regulation rules. Unofficial table of contents

§ 6a Fees

(1) Costs (fees and expenses) shall be charged

1.

for official acts, including examinations and verifications within the framework of quality assurance, arrests, assessments, investigations, warnings-except for warnings within the meaning of the Act on Administrative Offences-and register-related information

a)

in accordance with this law and in accordance with the law based on this law,

b)

in accordance with the Law of 20 March 1958 of the Convention on the adoption of uniform conditions for the approval of equipment and parts of motor vehicles and the mutual recognition of the authorization of 12 June 1965 (BGBl. 1965 II p. 857) as amended by the Law of 20 December 1968 (BGBl. 1224) and in accordance with the legislation based on this law,

c)

in accordance with the Law of the European Convention of 30 September 1957 on the International Carriage of Dangerous Goods by Road (ADR) of 18 August 1969 (BGBl I). 1489) and in accordance with the legislation based on this law,

d)

according to the driving personnel act and the legal regulations based thereon, in so far as the official acts are carried out by the Federal Motor Insurance Office (Kraftfahrt-Bundesamt),

e)

according to the professional drivers ' qualification law and the legal regulations based on them,

2.

for investigations of vehicles according to the Passenger Transport Act in the revised version published in the Bundesgesetzblatt part III, outline number 9240-1, as last amended by Article 7 of the Law on the Free Carriage of Vehicles Severely disabled persons in public passenger transport of 9 July 1979 (BGBl. 989), and in accordance with the legislation laid down in this Act,

3.

for measures relating to the decommissioning of motor vehicles and their trailers.

(2) The Federal Ministry of Transport and Digital Infrastructure is authorized to charge the chargeable official acts, as well as the fee rates for the individual acts, including audits and verifications in the framework of quality assurance, Take-off, appraisal, investigation, warnings-except for warnings within the meaning of the Act on Administrative Offences-and register information within the meaning of paragraph 1, by means of a decree-law to be determined and, in the process, fixed sentences, including in the form of Time fees, or framework rates. The rates shall be calculated in such a way as to ensure that the official acts, including examinations, arrests, assessments, investigations, warnings, excluding warnings within the meaning of the Act on Administrative Offences and Registration , the expenditure may include the cost of an external peer review; in the case of beneficiary acts, it may also be relevant to the economic value or other benefits to the the debtor shall be duly taken into account. In the area of fees of the state authorities, the Federal Ministry of Transport and Digital Infrastructure exercises the authorization on the basis of a request or an opinion of at least five countries at the Federal Ministry of Transport and digital infrastructure. The application or the opinion shall be justified by an estimate of the staff and material costs. The Federal Ministry of Transport and Digital Infrastructure may also request the other countries to provide an estimate of the personnel and material costs. (3) The Administrative Cost Act shall also be held in the up to 14 August 2013 shall apply. However, by way of derogation from the provisions of the law on administrative costs, the rules of law referred to in paragraph 2 may, by way of derogation from the provisions of the Administrative Costing Act, cover the costs of exemption, cost creditors, costs and expenses, expenses to be reimbursedand the cost of the costs. (4) In the legal regulations referred to in paragraph 2, it may be determined that the fees allowed for the individual acts, including examinations, detentions, assessments and investigations, may also be levied if the fees are to be paid by the Official acts for reasons not provided by the body (5) Legal regulations on costs, the costs of which should have been carried out, and without the applicant's or the applicant's sufficient excuse not to be able to take place at the appointed time. Creditors are not subject to the approval of the Federal Council. (6) For parking on public roads and squares, the municipalities, in other cases the carriers of the road construction load, can charge fees in the local transit. For the purpose of setting the fees, the national governments shall be authorised to issue fees. A maximum rate may also be established in these. The authorisation may be further transferred by means of a legal regulation. (7) The provisions of the second sentence of the second sentence of paragraph 6 shall apply to the charging of fees for the use of chargeable parking spaces within the meaning of section 6 (1) (13) of the (8) Countries may decide that the approval of vehicles shall be subject to the payment of the fees and levies fixed for this purpose, as well as the backward fees and outlays from prior authorisation operations can. Unofficial table of contents

§ 6b Manufacture, distribution and issueof registration plates

(1) Anyone who wants to manufacture, distribute or issue registration plates for vehicles has to notify the approval authority beforehand. (2) (omitted) (3) The production, distribution and issueof registration plates are subject to further determination (Section 6 (1)). (4) To prohibit the production, distribution or issueof registration plates if they are produced without the prior notification, distributed or issued. (5) Production, distribution or distribution of registration plates may be prohibited if:

1.

the existence of facts which result in the unreliability of the person responsible or of the persons responsible for the production, distribution or issue of licence plates; or

2.

is in breach of the rules on the management, storage or delivery of evidence relating to the production, distribution or issuance of marks.

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§ 6c Production, distribution and issueof labeling preproducts

§ 6b (1), (3), (4) and (5) shall apply mutagentily to the production, distribution or issueof certain specified (Section 6 (1) No. 8, subsection) to be determined by the Federal Ministry of Transport and Digital Infrastructure (§ 6 (1)). 2)-label pre-products where only the inscription is missing. Unofficial table of contents

§ 6d Information and Examination

(1) The persons involved in the production, distribution or issuance of registration plates shall have the necessary responsibilities to the competent authorities or to the persons appointed by them, in respect of the obligations referred to in Article 6b (1) to (3). (2) The persons involved in the production, distribution or issue of the trade mark products within the meaning of § 6c have the competent authorities or the persons appointed by them concerning the observance of the in accordance with Article 6b (1) and (3), the necessary information shall be provided without delay (3) The persons authorised by the competent authority may, within the framework of paragraphs 1 and 2, provide the premises, offices, premises and means of transport of the parties responsible for providing information during the operating or business period for the purpose of: Enter the examination and visit. Unofficial table of contents

§ 6e Lead of motor vehicles accompanied by

(1) The Federal Ministry of Transport and Digital Infrastructure is authorized to adopt the necessary provisions by means of a legal regulation with the consent of the Federal Council for the reduction of the accident risk of young drivers, in particular by means of:

1.

the lowering of the generally prescribed minimum age for driving motor vehicles with a driving licence of categories B and BE,

2.

the conditions necessary for the maintenance of safety and order on public roads, in particular that the holder of the licence must be accompanied by at least one named person during the driving of a motor vehicle,

3.

the tasks and powers of the accompanying person referred to in paragraph 2 above, in particular the possibility of advising the holder of the licence as a point of contact,

4.

the requirements for the accompanying person referred to in point 2, in particular:

a)

the age of life,

b)

the possession of a driving licence and the carrying and delivery of a driving licence to persons responsible for monitoring,

c)

their exposure to entries in the travel register, as well as

d)

on restrictions or on the prohibition of the enjoyment of alcoholic beverages and of intoxiating means,

5.

the issue of a certificate of examination which, by way of derogation from the third sentence of Article 2 (1), serves exclusively in Germany for the maximum period of three months after reaching the minimum age prescribed for the purpose of proving the right to travel, as well as the Carry out and hand over persons authorised to monitor road traffic,

6.

the costs in the appropriate application of § 6a (2) in conjunction with paragraph 4 and

7.

the procedure.

(2) A driving licence for categories B and BE issued on the basis of the legal regulation referred to in paragraph 1 shall be revoked if the holder of the licence, contrary to a fully-enforceable condition referred to in point 2 of paragraph 1, by means of a motor vehicle without escort, by a named person. The granting of a new driving licence shall be without prejudice to the other conditions laid down in § 2a. (3) In addition, the general provisions relating to the driving licence obligation, the issue, the withdrawal or the re-distribution shall apply. the driving licence, the rules governing the driving licence to the test, the driving licence register and the admission of persons to road transport. The examination certificate referred to in paragraph 1 (5) shall also apply in accordance with the provisions relating to the driving licence.

II.
Liability

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§ 7 Liability of the holder, black voyage

(1) Where a person is killed, the body or the health of a person is injured or a cause is damaged in the operation of a motor vehicle or of a trailer intended to be carried by a motor vehicle, the person responsible for the operation shall be: (2) The obligation to replace is excluded if the accident is caused by force majeure. (3) If a person uses the vehicle without the knowledge and will of the vehicle holder, he/she shall not be liable for the accident. it is obliged instead of the holder to compensate for the damage; in addition, the holder remains to the compensation of the damage, if the use of the vehicle has been made possible by its fault. Sentence 1 shall not apply if the user is employed by the vehicle owner for the operation of the motor vehicle or if the vehicle has been left to him by the holder. Sentences 1 and 2 shall apply mutatily to the use of a trailer. Unofficial table of contents

§ 8 Exceptions

The provisions of Section 7 shall not apply,

1.

if the accident has been caused by a motor vehicle which is capable of driving on a flat track at no higher speed than 20 kilometres per hour, or by a trailer connected to such a vehicle at the time of the accident,

2.

if the injured person was involved in the operation of the motor vehicle or of the trailer, or

3.

if a case has been damaged which has been carried by the motor vehicle or by the trailer, unless a person carrying it carries the item in itself or carries it with him.

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§ 8a Disclaimer of charges, prohibition of exclusion of liability

In the case of a paid, commercial passenger transport, the obligation on the holder to pay compensation in accordance with § 7 for the purpose of killing or infringing persons may not be excluded or restricted. The legality of the carriage of passengers is not excluded by the fact that the carriage is operated by a public body or an institution of public law. Unofficial table of contents

§ 9 Co-inflicted

If, in the course of the occurrence of the damage, a fault of the injured person has been involved, the provisions of Section 254 of the Civil Code shall apply with the proviso that in the event of damage to a case, the fault of the person who is responsible for the The actual violence on the matter is equal to the fault of the injured person. Unofficial table of contents

§ 10 Scope of the replacement obligation in the case of killing

(1) In the case of the killing, the compensation shall be made by replacing the costs of an attempted cure and the asset disadvantage suffered by the killed by lifting or reducing its earning capacity during the period of the disease. or a proliferation of his needs. In addition, the person liable for replacement shall reimburse the costs of the burial to the person who is responsible for the obligation to bear such costs. (2) The status of the person killed at the time of the injury to a third party in a proportion, of which he is liable, was subject to maintenance or maintenance obligations under the law, and if the third party is deprived of the right to subsistence as a result of the killing, the person liable to pay compensation shall pay compensation to the third party in so far as the killed person has been killed committed during the presumed duration of his life for the purpose of subsisting would have been. The replacement obligation occurs even if the third party was conceived at the time of the injury, but was not yet born. Unofficial table of contents

§ 11 Scope of the replacement obligation in the event of bodily injury

In the event of injury to the body or health, the compensation shall be made by replacing the costs of the healing and the property disadvantage suffered by the injured person in that, as a result of the injury, his or her injury shall be temporary or permanent. Working capacity has been cancelled or diminished or a multiplication of its needs has occurred. Due to the damage, which is not property damage, a cheap compensation in money can also be demanded. Unofficial table of contents

§ 12 Maximum amounts

(1) The liable person shall be liable

1.

in the event of the killing or injury of one or more persons by the same event, only up to a total amount of EUR 5 million; in the case of a paid, commercial passenger transport, the person liable for replacement shall be increased. Holder of the motor vehicle or trailer for the killing or injury of more than eight persons carried on this amount by EUR 600,000 for each further person killed or injured;

2.

in the case of damage to property, even if several things are damaged by the same event, only up to a total of one million euro.

The maximum amounts referred to in the first sentence of paragraph 1 shall also apply to the capital value of a pension to be paid as a compensation. (2) The total amount of compensation to be paid on the basis of the same event shall be the total of the total amount of the compensation referred to in paragraph 1. Maximum amounts shall be reduced in proportion to the total amount to which the total amount is to be paid. Unofficial table of contents

§ 12a Maximum amounts for the transport of dangerous goods

(1) Where dangerous goods are transported, the liable person shall be liable.

1.

in the event of the killing or injury of one or more people by the same event, only up to a total of ten million euros,

2.

in the case of property damage to immovable property, even if several things are damaged by the same event, only up to a total of ten million euros,

provided that the damage is caused by the nature of the hazards of the goods being transported. Furthermore, Section 12 (1) remains unaffected. (2) Dangerous goods within the meaning of this Act are substances and objects, the transport of which on the road according to Annexes A and B to the European Convention of 30 September 1957 on the international Transport of dangerous goods on the road (ADR) (BGBl. (3) Paragraph 1 shall not apply in the case of the exempted carriage of dangerous goods or of carriage in limited quantities. below the limits laid down in subsection 1.1.3.6. on the Agreement referred to in paragraph 2. (4) Paragraph 1 shall not apply if the damage caused by the carriage is within a holding in which dangerous goods are shall be manufactured, processed, processed, stored, used or destroyed, to the extent that: the transport takes place on a completed premises. (5) § 12 (2) applies accordingly. Unofficial table of contents

§ 12b Non-applicability of the maximum amounts

§ § 12 and 12a shall not apply if a damage is caused in the operation of an armoured track-chain vehicle. Unofficial table of contents

§ 13 Geldrente

(1) The compensation for compensation for the cancellation or reduction of the earning capacity and for the multiplication of the needs of the injured person and the compensation to be granted to a third party pursuant to § 10 para. 2 shall be for the future by payment of a financial pension. (2) The provisions of § 843 (2) to (4) of the Civil Code shall apply. (3) If, in the case of the conviction of the pledge, the payment of a pension has not been recognised as a security benefit, the Entitled, however, to require security when the assets are of the pledge, and subject to the same condition, it may require an increase in the security specified in the judgment. Unofficial table of contents

§ 14 statute of limitations

The statute of limitations shall apply to the statute of limitations of the Civil Code applicable to unauthorised acts. Unofficial table of contents

§ 15 Effects

The person entitled to a replacement shall lose his rights under the provisions of this law if he has not been informed at the latest within two months after he has been informed of the damage and of the person who has been subject to the replacement, to the A replacement person indicates the accident. The loss of rights shall not occur if the advertisement has not been notified as a result of a circumstance not to be represented by the substitute, or if the person liable for replacement has been informed of the accident in another way within the specified period. Unofficial table of contents

§ 16 Other laws

This is without prejudice to the federal regulations according to which the vehicle owner is liable for the damage caused by the vehicle to a greater extent than under the provisions of this law or after which another for the damage caused by the vehicle. is responsible. Unofficial table of contents

Section 17 Damage caused by several motor vehicles

(1) If a damage is caused by a number of motor vehicles and if the participating vehicle owners are obliged to a third party by law to compensate for the damage, the obligation to replace them depends on the ratio of the vehicle owners to each other. as well as the extent of the revenue to be paid in the circumstances, in particular the extent to which the damage has been caused mainly by one or the other part. (2) If the damage has been caused to one of the vehicle owners involved, the following shall apply: Paragraph 1 shall also apply to the liability of the vehicle owners themselves. (3) The obligation in order to replace the provisions of paragraphs 1 and 2, it shall be excluded if the accident is caused by an unavoidable event which is not based on an error in the nature of the vehicle or on a failure of its devices. An event shall be deemed to be unavoidable only if both the holder and the driver of the vehicle have observed any diligence that has been taken in accordance with the circumstances of the case. The exclusion shall also apply to the replacement obligation to the owner of a motor vehicle which is not a holder. (4) The provisions of paragraphs 1 to 3 shall apply accordingly if the damage is caused by a motor vehicle and a trailer, by a motor vehicle and an animal or by a motor vehicle and a railway. Unofficial table of contents

§ 18 Replacement of the driver

(1) In the cases of § 7 (1), the driver of the motor vehicle or of the trailer is also obliged to compensate for the damage in accordance with the provisions of § § 8 to 15. The obligation to spare shall be excluded if the damage is not caused by a fault of the leader. (2) The provision of § 16 shall apply. (3) In the cases of § 17, the leader of a motor vehicle or trailer shall also be subject to the obligation. in order to compensate for the damage, this obligation shall be based on that obligation in relation to the holders and drivers of the other motor vehicles involved, to the holders and drivers of the other trailers involved, to the keeper or to the holder, Railway undertakings shall apply the provisions of Section 17 accordingly. Unofficial table of contents

§ 19

(dropped) Unofficial table of contents

Section 20 Local competence

The court in whose district the injurious event took place is also responsible for cases brought by this law.

III.
Criminal and penal rules

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§ 21 Driving without driving licence

(1) With a custodial sentence of up to one year or a fine shall be punished, who

1.

a motor vehicle, although it does not have the required driving licence or is prohibited from driving the vehicle in accordance with Section 44 of the Criminal Code or in accordance with Article 25 of this Act, or

2.

in the form of a holder of a motor vehicle, or allowing someone to lead the vehicle which does not have the required driving licence or which is prohibited from driving the vehicle in accordance with Section 44 of the Criminal Code or in accordance with Section 25 of this Act.

(2) With imprisonment of up to six months or with a fine of up to 180 daily rates will be punished, who

1.

an act referred to in paragraph 1 is negligently committed,

2.

either intentionally or negligently leads a motor vehicle, even though the prescribed driving licence is taken into custody, seized or confiscated in accordance with section 94 of the Code of Criminal Procedure, or

3.

Intentionally or negligently as a holder of a motor vehicle, or allows someone to lead the vehicle, even though the prescribed driving licence is to be taken into custody, seized or confiscated in accordance with Section 94 of the Code of Criminal Procedure.

(3) In the cases referred to in paragraph 1, the motor vehicle to which the deed relates may be recovered if the offender is

1.

has led the vehicle, even though he was deprived of the driving licence or the driving of the vehicle was prohibited under Section 44 of the Criminal Code or in accordance with Section 25 of this Act, or even though a ban pursuant to Section 69a (1) sentence 3 of the Criminal Code against him ,

2.

as the holder of the vehicle, or having admitted that the vehicle has taken the vehicle to which the driving licence has been withdrawn or the driving of the vehicle pursuant to section 44 of the Criminal Code or under section 25 of that law was prohibited or against which a ban has been imposed has been ordered pursuant to Section 69a (1) sentence 3 of the Criminal Code; or

3.

in the last three years has already been convicted of an act in accordance with paragraph 1.

Footnote

Section 21 (1) (1). Alternative: compatible with the GG, BVerfGE v. 27.3.1979 I 489-2 BvL 7/78-
Section 21 (2) No. 1: compatible with the GG, BVerfGE v. 27.3.1979 I 489-2 BvL 7/78- Unofficial table of contents

Section 22 Code of abuse

(1) Those who are in unlawful intent

1.

a motor vehicle or a trailer for which an official mark has not been issued or has been registered, with a symbol capable of producing the appearance of official marking,

2.

a motor vehicle or a trailer with a mark other than that which is officially issued or approved for the vehicle;

3.

the official marks attached to a motor vehicle or a trailer are altered, eliminated, concealed or otherwise impaired in its recognizability,

if the deed is not threatened in other regulations with a more severe punishment, is punished with imprisonment of up to one year or a fine. (2) The same punishment shall apply to persons who are on public ways or places of a use of a motor vehicle or a trailer of a motor vehicle from which it is aware that the marking has been falsified, falsified or suppressed in the manner referred to in paragraph 1 (1) to (3). Unofficial table of contents

Section 22a Unfair production, distribution or issuing of marks

(1) With a custodial sentence of up to one year or a fine shall be punished, who

1.

manufacture, distribute or issue marks without prior notification to the competent authority, or

2.

(dropped)

3.

A mark on the intention that it should be used or placed on the market as officially registered marks or that such use or placing on the market is made possible, or that the mark is so falsified in such an intention that the the appearance of authenticity is caused, or

4.

Haggling or placing on the market counterfeit or falsified marks.

(2) A post or falsified mark on which an offence referred to in paragraph 1 relates may be recovered. Section 74a of the Criminal Code shall apply. Unofficial table of contents

Section 22b Abuse of distance meters and speed limiters

(1) With a custodial sentence of up to one year or a fine shall be punished, who

1.

the measurement of a distance counter with which a motor vehicle is equipped falsifies that it influences the result of the measurement by acting on the instrument or the measuring operation,

2.

the intended function of a speed limitation device fitted with a motor vehicle shall be lifted or affected by exposure to the said device; or

3.

a criminal offence referred to in paragraph 1 or 2, by establishing, haggling or leaving computer programs whose purpose is to commit such an act, to establish itself or to another.

(2) In the cases referred to in paragraph 1 (3), Section 149 (2) and (3) of the Penal Code shall apply accordingly. (3) Items to which the offence referred to in paragraph 1 relates may be recovered. Section 74a of the Criminal Code shall apply. Unofficial table of contents

Section 23 Feiling of unauthorised vehicles, vehicle parts and equipment

(1) Contrary to the law, the person who intentionally or negligently offers vehicle parts which have to be designed in a design approved by the Federal Motor Vehicle Authority are commercially available, even though they are not subject to an officially prescribed and assigned vehicle. (2) An administrative offence is involved, who intentionally or negligently or negligently of a provision of a legal regulation adopted pursuant to § 6 (3a) or a enforceable order issued pursuant to such a decree law , in so far as the legal regulation for a given (3) The administrative offence can be punished with a fine of up to five thousand euros. (4) Vehicles, parts of the vehicle and equipment to which the administrative offence relates may be collected . Unofficial table of contents

Section 24 Traffic mismanagement

(1) An administrative offence is the person who intentionally or negligently is contrary to a provision of a decree issued pursuant to § 6 (1) or § 6e (1) or an order issued pursuant to such a regulation, to the extent that: The legal regulation for a particular case refers to this fine. The referral is not necessary to the extent that the provision of the legal regulation was adopted before 1 January 1969. (2) The administrative offence can be punished with a fine of up to two thousand euros.

Footnote

§ 24: compatible with the GG. BVerfGE v. 16.7.1969 I 1444-2 BvL 2/69-; Unofficial table of contents

§ 24a 0,5 Promille-Limit

(1) An administrative offence is the person who leads a motor vehicle in road transport, even though it has 0.25 mg/l or more alcohol in the breathing air or 0.5 promille or more alcohol in the blood or an amount of alcohol in the body which is associated with such a breath or (2) Administrative Offers are those who, under the effect of an intoxing agent specified in the Appendix to this provision, are carrying a motor vehicle. Such an effect is present when a substance mentioned in this plant is detected in the blood. Sentence 1 shall not apply if the substance is derived from the intended use of a medicinal product prescribed for a specific case of illness. (3) The offence also acts as to who is negligent in the act. (4) The offence of regularity can be carried out with a fine of up to three thousand euros. (5) The Federal Ministry of Transport and Digital Infrastructure is authorized by law in agreement with the Federal Ministry of Health and the Federal Ministry of Justice. and for consumer protection with the approval of the Federal Council, the list of -to amend or supplement the provisions of this regulation with intoxiating substances and substances if, in the light of scientific knowledge, this is necessary for the safety of road transport. Unofficial table of contents

§ 24b Lack of evidence for the production, distribution and issuance of registration plates

(1) An administrative offence is the person who intentionally or negligently is contrary to a provision of a legal regulation adopted pursuant to section 6 (1) No. 8 or of a enforceable order issued pursuant to such a decree, to the extent that: (2) The administrative offence can be punished with a fine of up to two thousand five hundred euros. Unofficial table of contents

§ 24c Prohibition of alcohol for beginners and first-time drivers

(1) Contrary to the law, those who are in the trial period pursuant to § 2a or before the completion of the 21. (2) Those who commit the act negligently are also those who are negligent. (3) Those who are not responsible for the act of negligence shall be deemed to be in breach of the law. (3) The Unlawfulness can be punished with a fine. Unofficial table of contents

§ 25 Driving ban

(1) Where a fine is fixed against the person concerned in the event of a breach of an order in accordance with Article 24 which he has committed under a gross or persistent breach of the duties of a motor vehicle driver, the administrative authority or the In the case of a fine for a period of one month to three months, the Court of First instance shall prohibit the use of motor vehicles of any type or of a particular type in the road transport sector. If a fine is fixed against the person concerned because of a lack of regularity in accordance with § 24a, a driving ban is usually also to be ordered. (2) The driving ban will be effective with the legal force of the fine. For its duration, national and international driving licences issued by a German authority shall be kept officially. This shall also apply where the driving licence has been issued by an authority of a Member State of the European Union or of another Contracting State of the Agreement on the European Economic Area, provided that the holder has its ordinary Domiorm has domials If it is not issued voluntarily, it must be seized. (2a) In the two years prior to the administrative offence, a ban on driving against the person concerned has not been imposed and will not be subject to a driving ban until the decision on the fine is made, the managing authority or the court, by way of derogation from the first sentence of paragraph 2, shall determine that the driving ban shall not take effect until the driving licence has been placed in official custody by the legal force of the fine, but at the latest with the expiry of four months since the entry of the legal force. If further driving bans are imposed on the person concerned in a legally binding manner, the time limits for driving are calculated one after the other in the order of the legal force of the fines decisions. (3) In other foreign countries referred to in the second sentence of paragraph 2, the The driving ban will be recorded. For this purpose, the driving licence may be seized. (4) If the driving licence is not found in the cases referred to in the fourth sentence of paragraph 2 or in the second sentence of paragraph 3 for the person concerned, he shall, at the request of the executing authority (§ 92 of the Law), ) to give an affidavit to the district court for the whereabout of the driving licence in the district court. § 883 (2) and (3) of the Code of Civil Procedure shall apply accordingly. (5) If a driving licence is to be officially registered or the driving ban in a foreign driving licence is to be noted, the period of prohibition shall not be counted until the date on which this is done. The period of time in which the offender is kept in an institution by the authorities in an institution is not included in the prohibition period. (6) The duration of a provisional withdrawal of the driving licence (§ 111a of the Code of Criminal Procedure) will be applied to the ban on driving . However, it may be ordered that the offsetting shall not be wholly or partially justified if it is not justified in the light of the conduct of the person concerned after the offence of regularity has been committed. The provisional withdrawal of the driving licence shall be the same as the safekeeping, seizure or seizure of the driving licence (§ 94 of the Code of Criminal Procedure). (7) If the driving prohibition pursuant to paragraph 1 is ordered in the criminal proceedings (Section 82 of the Act on In the event of a breach of the law, the return of a seized, seized or seized driving licence may be deferred if the person concerned does not object. In this case, the time after the judgment is to be calculated without shortening the driving ban. (8) On the date of validity of the ban referred to in paragraph 2 or 2a sentence 1 and on the start of the prohibition period referred to in the first sentence of paragraph 5, the person concerned shall be present at the time of the prohibition. Delivery of the fine decision or following the notification of the decision to be lecturing.

Footnote

Section 25 (1) sentence 1: compatible with the GG, BVerfGE v. 16.7.1969 I 1444-2 BvL 11/69- Unofficial table of contents

Section 25a Costing obligation of the holder of a motor vehicle

(1) If the leader of the motor vehicle who committed the breach cannot be determined before the period of limitation of persecution in a fine-payment procedure due to a stop or parking violation, or if his investigation would be unreasonable shall be subject to the costs of the procedure to the holder of the motor vehicle or to his authorised representative; he shall then also have to bear his expenses. Apart from the fact that it would be unfair to charge the holder of the motor vehicle or its authorised representative with the costs, a decision as set out in the first sentence shall be waived. (2) The decision on costs shall be taken with the decision which concludes the procedure; The decision is to be heard by the person to whom the costs are to be imposed. (3) The administrative authority and the public prosecutor's office can apply for a court decision within two weeks of notification of the costs. § 62 (2) of the Code of Administrative Offences shall apply accordingly; for the decision of the Public Prosecutor's Office, Section 50 (2) and section 52 of the Code of Administrative Offences shall apply mutagentily. The cost decision of the court shall not be countervailable.

Footnote

§ 25a: compatible with GG (100-1), BVerfGE v. 1.6.1989 (2 BvR 239/88, 2 BvR 1205/87, 2 BvR 1533/87, 2 BvR 1095/87) Unofficial table of contents

Section 26 competent administrative authority; statute of limitations

(1) In the event of administrative offences pursuant to § 24, which are committed in road traffic, and in the event of administrative offences in accordance with § § 24a and 24c, the administrative authority shall be the authority or service within the meaning of Section 36 (1) (1) of the Code of Administrative Offences of the police, which is determined by the state government by means of legal regulation. The state government may transfer the authorization to the competent supreme state authority. (2) In the event of administrative offences in accordance with § 23, the administrative authority within the meaning of Section 36 (1) (1) of the Code of Administrative Offences shall be the authority responsible for the administrative authorities of the (3) The time limit for the period of limitation of the prosecution shall be three months in the event of a breach of order in accordance with § 24, as long as neither a notice of fines nor a public action have been brought for the act, then six months.

Footnote

Section 26 (1) Sentence 1: compatible with the GG, BVerfGE v. 16.7.1969 I 1444-2 BvL 2/69- Unofficial table of contents

Section 26a of the BußMoney catalogue

(1) The Federal Ministry of Transport and Digital Infrastructure is empowered to adopt provisions by means of a legal regulation with the consent of the Federal Council.

1.

the issuing of a warning (§ 56 of the Law on Administrative Offences) for an administrative offence pursuant to § 24,

2.

Rule rates for fines for administrative offences in accordance with § § 24, 24a and § 24c,

3.

the arrangement of the driving ban in accordance with § 25.

(2) The rules referred to in paragraph 1 shall determine, taking into account the importance of the lack of regularity, the conditions under which, and the conditions in which, the amount of the fine, the fine, the amount of the fine, and the duration of the amount of the amount of the fine. Driving ban should be ordered. Unofficial table of contents

§ 27 Information letter

(1) Where the managing authority has a penalty procedure, the managing authority shall have the holder or owner of a motor vehicle on the basis of a query within the meaning of Article 4 of Directive 2011 /82/EU of the European Parliament and of the Council of 25 November 2011. October 2011 on the facilitation of cross-border exchange of information on road safety related traffic offences (OJ L 327, 28.12.2011, p. 1), it shall send an information letter to the person who has been identified. This letter shall indicate the nature of the infringement, the time and place of its commission, the monitoring device used, the applicable rules on fines, and the penalty provided for such a breach. The letter of information shall be transmitted in the language of the vehicle registration document or in one of the official languages of the Member State in which the motor vehicle is registered. (2) Paragraph 1 shall not apply if the person identified is normal domials domestiy.

IV.
Travel Event Register

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Section 28 Guidance and content of the register of passengers ' suitability

(1) The Federal Republic of Germany shall carry out the register of tickets in accordance with the provisions of this Section. (2) The register of travel suitability shall be kept for the storage of data required

1.

for the assessment of the suitability and empowerment of persons for driving motor vehicles or for accompanying a motor vehicle driver in accordance with a regulation adopted pursuant to Article 6e (1) of this Regulation,

2.

for the examination of the right to drive vehicles,

3.

for the prosecution of infringements of persons who have repeatedly committed offences or administrative offences relating to road transport, or

4.

for the assessment of persons with a view to their reliability in the performance of the responsibility conferred upon them by law, statutes or contract in order to comply with the rules on road safety.

(3) Data are stored in the travel suitability register via

1.

legally enforceable decisions of the criminal courts for a criminal offence referred to in Article 6 (1) (1) (s) of the legal regulation, insofar as they are punishable by punishment, warning of a criminal reservation or a guilty verdict,

2.

final decisions of the criminal courts ordering the withdrawal of the driving licence, an isolated ban or a driving ban, provided that they are not covered by point 1, as well as decisions of the criminal courts which constitute the provisional deprivation of the driving licence order the driving licence;

3.

Final decisions on the grounds of an administrative offence

a)

in accordance with § § 24, 24a or § 24c, insofar as it is referred to in the legal regulation pursuant to section 6 (1) (1) (s) and against the person concerned

aa)

a driving ban according to § 25 has been ordered, or

bb)

a fine of at least sixty euros has been fixed and Article 28a does not specify anything else,

b)

in accordance with § § 24, 24a or § 24c, in so far as no case of the letter a is present and a driving ban has been ordered,

c)

in accordance with § 10 of the Dangerous Goods Transport Act, in so far as it is referred to in the legal regulation pursuant to Article 6 (1) (1) (s),

4.

Prohibitive or immediately enforceable prohibitions or restrictions on driving a vehicle that is free of driving licences,

5.

unquestionable sawing of a driver's licence,

6.

Undisputed or immediately enforceable deprivation, revocation, withdrawal or withdrawal of a driving licence or the determination of the lack of entitlement to use the driving licence in the country,

7.

Waived the driving licence,

8.

Unquestionable rejections of an application for an extension of the validity of a driving licence,

9.

the seizure, seizure or custody of driving licences in accordance with § 94 of the Code of Criminal Procedure,

10.

(dropped)

11.

Measures taken by the driving licence authority pursuant to Article 2a (2), first sentence, No. 1 and 2, and § 4 (5), first sentence, no. 1 and 2,

12.

participation in a postgraduate seminar, a special postgraduate seminar and an advice on traffic psychology to the extent that this is necessary for the application of the rules on driving licences on a sample (§ 2a),

13.

participation in a driving fitness seminar where necessary for the application of the rules of the suitability assessment system (§ 4),

14.

Decisions or amendments relating to one of the entries referred to in points 1 to 13.

(4) The courts, public prosecutors and other authorities shall immediately inform the Federal Office of the Federal Republic of Germany of the data to be stored in accordance with paragraph 3 or to modify or delete an entry. (5) In the case of doubt, the identity of a data subject shall be subject to the following: the person registered with the person to which a notification referred to in paragraph 4 relates may be used for the purpose of identifying those persons in the central driving licence register and in the central register of vehicles. Where the identification of the identity of the persons concerned is not possible in this way, the data transmitted on request from the reporting registers may be used to remedy the doubts. The admissibility of the transmission by the reporting authorities is based on the reporting laws of the countries. If the doubts concerning the identity of the persons concerned cannot be dispelled, the entries on both persons shall be accompanied by a reference to the doubts as to their identity. (6) The regular use of the persons referred to in Article 50 (1) of the Data stored in the Central Driving Licences register shall be permitted in order to identify and remove errors and deviations in the personal data and the data relating to driving licences and driving licences of the person concerned in the register of driving licences, and to complete the travel register. Unofficial table of contents

Section 28a Registration in the case of deviating from the catalogue of fines

In the event of a breach of order in accordance with Articles 24, 24a and § 24c, the fine shall be fixed only in respect of the economic circumstances of the person concerned by way of derogation from the rule set of the fine for the underlying reason for the underlying In the case of the fine, the decision of this paragraph shall apply to the fine rules applied in the case of the fine, if the rule of law of the fine is applied to the fine.

1.

sixty euros or more and a lower fine is fixed; or

2.

is less than sixty euros and a fine of sixty euros or more is fixed.

In such cases, the registration in the register of travel registers of the rule set provided for in the Catalogue of Penance shall be decisive. Unofficial table of contents

§ 28b

(dropped) Unofficial table of contents

Section 29Tilgung of the entries

(1) The entries recorded in the register shall be satisfied at the end of the time limits set in the second sentence. The repayment periods shall be

1.

two years and six months in the case of decisions on the lack of regularity,

a)

the legal regulation referred to in Article 6 (1) (1) (s) (b), (bb), (bb), (bb), is assessed as a point of order which is detrimental to the security of the traffic or is considered to be a traffic security or equivalent,

b)

in so far as neither a case referred to in (a) or (2) (b) is present and a driving ban has been ordered in the decision,

2.

five years

a)

in the case of decisions relating to a criminal offence, subject to point 3 (a),

b)

in the case of decisions relating to an administrative offence which, in accordance with Article 6 (1) (1) (s) (b), double-letter (bb) of the three-letter letter (aaa), acts as an administrative offence which is particularly harmful to the traffic safety or which has been treated as such two points,

c)

in the case of prohibitions or restrictions imposed by the competent authority of the country, to carry a vehicle which is free of driving licences,

d)

in the case of a communication on participation in a training seminar, a postgraduate seminar, a special postgraduate seminar or a transport psychological consultation,

3.

ten years

a)

in the case of decisions relating to a criminal offence in which the driving licence has been withdrawn or an isolated barrier has been placed,

b)

in the case of decisions on measures or waivers in accordance with Article 28 (3) number 5 to 8.

Applications for measures taken by the competent authority in accordance with the provisions of Section 2a (2), first sentence, points 1 and 2 and Article 4 (5), first sentence, points 1 and 2 shall be satisfied if the holder of a driving licence is withdrawn from the driving licence. Otherwise, the measures referred to in Article 2a (2), first sentence, points 1 and 2 shall be repaid one year after the trial period has expired and, in the case of measures pursuant to Article 4 (5), first sentence, points 1 and 2, if the last registration is due to a criminal offence or Reductions in the repayment periods referred to in paragraph 1 may be permitted by means of a regulation in accordance with Section 30c (1) No. 2 if the registered decision is based on physical or mental defects or lack of competence (2) The time limits for repayment shall not apply if the granting of a driving licence or the granting of the right, to be re-used by a foreign driving licence shall be prohibited for any time. (3) Without regard to the course of the periods referred to in paragraph 1 and the prohibition of repayment as referred to in paragraph 2, the

1.

Registrations of decisions if their repayment is arranged in the Federal Central Register or if the decision in the retrial or in accordance with § § 86, 102 (2) of the Act on Administrative Offences is legally annulled,

2.

Registrations which are not included in the Federal Central Register if their eradication is ordered by the competent authority of the country, where the order may be issued only if this is necessary in order to avoid unjustified hardship and public interests are not put at risk,

3.

Applications in which the underlying decision is repealed or in which, according to the provisions of Article 30c (1) (2), an amendment to the underlying decision gives rise to a change in the underlying decision,

4.

all entries where an official notice of the death of the person concerned is received.

(4) The repayment period (paragraph 1) shall begin

1.

in the case of criminal convictions and in the case of punitive orders with the day of legal force, which day shall remain relevant even if a total sentence or a uniform juvenile sentence is formed or in accordance with Section 30 (1) of the Juvenile Justice Act a juvenile penalty is recognised or a decision is taken in the retrial which contains a conviction that is subject to registration,

2.

in the case of decisions of the courts in accordance with § § 59, 60 of the Criminal Code and § 27 of the Juvenile Justice Act, with the day of legal force,

3.

in the case of judicial and administrative fines, as well as in other administrative decisions with the date of the legal force or invalidity of the decision to be taken,

4.

in the case of postgraduate seminars in accordance with § 2a (2), first sentence, point 1, traffic psychological consultations pursuant to § 2a (2) sentence 1 (2) and travel suitability seminars in accordance with § 4 (7), with the date of issue of the certificate of participation.

(5) In the event of failure or withdrawal of the driving licence due to a lack of suitability, the arrangement of a lock in accordance with Section 69a (1) sentence 3 of the Criminal Code or in the event of a waiver of the driving licence, the repayment period shall not commence until the granting or withdrawal of the licence or certificate. Re-division of the driving licence, but no later than five years after the legal force of the decision to be taken or the date of access of the waiving declaration to the competent authority. In the case of prohibitions or restrictions imposed by the competent authority of the country, the repayment period shall commence five years after the expiry or the lifting of the prohibition or restriction. (6) After the date of entry of the vehicle, the Redemption maturity shall be deleted subject to the provisions of sentences 2 and 4. An entry in accordance with Section 28 (3) (1) or (3) (a) or (c) shall be deleted after the repayment maturity has been reached only after a period of one year. During this period, the contents of this registration may only be transmitted, used or provided for information on the following purposes:

1.

to the authority competent under national law for the arrangement of measures in the context of the driving licence in accordance with § 2a,

2.

to the authority competent under national law to take measures in accordance with the driving suitability assessment system in accordance with Article 4 (5),

3.

for the exchange of information to the person concerned in accordance with § 30 (8).

The deletion of an entry in accordance with Section 28 (3) (3) (3) (a) or (c) shall in any case not be deleted as long as the person concerned is stored in the Central Driving Licence Register as the holder of a driving licence. (7) Is an entry in the If the register of tickets is deleted, the person concerned may no longer be held up for the purposes of Section 28 (2) and the decision must not be used to the detriment of the person concerned. Where an entry in the register of tickets is subject to a court decision under the second sentence of paragraph 1 (3) (a) of a ten-year repayment period, it shall be subject to the expiry of a period following a five-year repayment period following the expiry of a period of grace after the expiry of shall be communicated to and used for the following purposes only for the following purposes to the competent authority in accordance with national law:

1.

for the implementation of procedures for the issue or withdrawal of a driving licence,

2.

To take measures according to the driving suitability assessment system in accordance with § 4 paragraph 5.

In addition, for the examination of the right to drive motor vehicles, decisions of the courts pursuant to sections 69 to 69b of the Criminal Code may be sent to the competent authority of the country and used there. The provisions of sentences 1 and 2 shall not apply to entries relating to criminal decisions which are used for the prosecution of criminal offences. In this respect, the regulations of the Federal Central Register Act apply. Unofficial table of contents

§ 30 Transmission

(1) The entries in the travel suitability register may be sent to the bodies responsible for:

1.

for the prosecution of criminal offences, for enforcement or for the enforcement of penalties,

2.

for the prosecution of administrative offences and the enforcement of fines and their incidences under this Act and the law relating to road staff in road transport; or

3.

for administrative measures under this law or the legislation which is based on it

, to the extent that this is necessary for the performance of the tasks referred to in Article 28 (2). (2) The entries in the Travel Suitability Register may be sent to the bodies responsible for the performance of the Administrative measures under the Law on the Carriage of Dangerous Goods, the KraftfahrsachverExperts Act, the Fahrlehrergesetz, the Passenger Transport Act, the legal provisions on emergency rescue and the Transport of goods by road, the law of the carriage of goods by road, including Regulation (EEC) No Council Regulation (EC) No 881/92 of 26 March 1992 on access to the market in the carriage of goods by road within the Community to or from a Member State or by one or more Member States (OJ L 327, 30.12.1992, p. EC No 1), the law relating to the driving personnel in the road transport sector or the legislation adopted pursuant to these laws, shall be transmitted to the extent to which they are responsible for the performance of the tasks assigned to these bodies in accordance with Section 28 (3) (b) of the Act of the European Union. 3) The entries in the register of travel register may be transmitted to the authorities responsible for traffic and border control, insofar as this is the case referred to in Article 28 (2) (2). (4) The entries in the register of travel register may also be used for the granting, Renewal, renewal, withdrawal or revocation of a permit for air drivers or other air traffic personnel in accordance with the provisions of the Air Transport Act or of the legislation adopted pursuant to this Act to the (4a) The entries in the register of travel register may also be sent to the competent authorities for the purpose of granting, deprivation or repayment of the register of tickets to the competent authorities. Order the frenchment of certificates and permits for captains, Ship officers or other seafarers in accordance with the provisions of the Seemannsgesetz (Seemannsgesetz) and the Maritime Task Act, and for ship and sports boat guides and other crew members under the Maritime Task Act or the Inland Navigation Task Act (inland waterway) or the legislation adopted pursuant to these laws, to the extent necessary for the said measures. (4b) The entries in the register of suitability for use may also be used for the grant, suspension, restriction and withdrawal of the Driving licences under the General Railway Act, or the legislation enacted pursuant to this Act shall be forwarded to the competent authorities, in so far as the conditions for the examination of the conditions for the grant, suspension, restriction and withdrawal of the (5) The entries in the travel suitability register may be transmitted and used for scientific research in accordance with § 38 and for statistical purposes in accordance with § 38a. In order to prepare legal and general administrative provisions in the field of road transport, the entries may be transmitted and used in accordance with § 38b. (6) The recipient may process the transmitted data only for the purpose of the use of the data. and shall use, to the satisfaction of which they have been communicated to him. The recipient may also process and use the transmitted data for other purposes, insofar as they may also have been transmitted to him for those purposes. If the addressee is a non-public body, the authority to be notified shall draw the attention to it. Processing and use for other purposes by non-public bodies requires the consent of the transmitting body. (7) The entries in the travel register register may be transferred to the competent authorities of other States, insofar as this is not the case.

1.

for administrative measures in the field of road transport,

2.

on the prosecution of infringements of legislation in the field of road transport, or

3.

for the prosecution of criminal offences relating to road transport or otherwise with motor vehicles, trailers or vehicle documents, driving licences or driving licences,

is required. The recipient must be informed that the data transmitted may only be processed or used for the purpose for which it is transmitted to the recipient. The transmission shall not be transmitted if they are adversely affected by the interests of the person concerned, in particular if an adequate standard of data protection is not guaranteed in the recipient country. (8) The person concerned shall, on request, in writing. provide information on the content of the register of suitability for use and on the number of points free of charge. The applicant shall attach proof of identity to the application. The information can be given electronically if the application is made using the electronic identity document according to § 18 of the German Personnel ID Act or in accordance with § 78 (5) of the Residence Act. With regard to logging, Section 30a (3) shall apply. (9) The transfer of data from the travel suitability register shall be admissible only on request, unless specific legislation determines that the register authority shall: it has to transmit certain data on its own account. The responsibility for the admissibility of the transmission shall be borne by the transmitting body. Where the transmission is carried out at the request of the beneficiary, the latter shall bear the responsibility. In such a case, the transmitting body shall examine only whether the request for transmission lies within the scope of the consignee's duties, unless there is a special occasion for examining the admissibility of the transmission. (10) The entries relating to: any final or indisputable decisions pursuant to Section 28 (3) (1), (2) and (6) in which holders of foreign driving licences shall exercise the right to use a foreign driving licence, shall be dismissed or restricted, or the absence of such decisions shall be subject to the Entitlement to make use of the driving licence in Germany shall be determined by the The Federal Office of Power shall be sent to the competent authorities of the Member States of the European Union in order to enable them to take their own measures. The scope of the data to be transmitted shall be determined by means of a legal regulation (Section 30c (1) (3)). Unofficial table of contents

§ 30a retrieval in automated procedures

(1) The bodies to which the tasks referred to in Article 30 (1) to (4a) are to be assigned may be transferred from the register register by means of retrieval in the automated procedure. (2) The institution shall be responsible for the necessary data. Systems for retrieval in automated procedures shall only be permitted if, according to the provisions of the law (Section 30c (1) no. 5), it is guaranteed that the system shall be subject to the following conditions:

1.

take appropriate measures to ensure data protection and data security, in particular the confidentiality and integrity of the data; in the case of the use of generally accessible networks; are to be used for encryption and

2.

the admissibility of the calls may be controlled in accordance with paragraph 3.

(2a) (omitted) (3) The Federal Office of the Federal Republic of Germany shall draw up records of the call records, which shall include the data used in carrying out the call, the date and time of the call, the identification of the service and the data retrieved. . The logged data may only be used for the purposes of data protection control, data protection, or for ensuring the proper operation of the data processing system. If there is evidence that, without their use, the prevention or prosecution of a serious offence against the body, life or freedom of a person would be unruthless or substantially more difficult, the data may also be used for that purpose. shall be used, provided that the request of the law enforcement authority is made using personal data of a particular person. The historical data shall be protected by appropriate precautions against misuse and against any other misuse and shall be deleted after six months. (4) The Federal Motor Authority shall make further records relating to the occasion of the call. and permit the identification of the person responsible for the retrieval. The further information is determined by means of a legal regulation (§ 30c (1) no. 5). (5) By calling in the automated procedure, the register of tickets for the measures referred to in § 30 (7) may be used in the public authorities responsible for this purpose in a Member State of the European Union or any other Contracting State of the Agreement on the European Economic Area shall be forwarded:

1.

the following decisions by the managing authorities:

a)

the indisputable refusal of a driving licence, including the refusal to extend a temporary licence;

b)

the undisputable or immediately enforceable deformations, revocation or withdrawal of a driving licence;

c)

the legally binding order of a driving ban;

2.

the following decisions of the courts:

a)

the final or provisional withdrawal of a driving licence;

b)

the legally binding order of a driving licence,

c)

the legally binding order of a driving ban;

3.

the fact that the driving licence is confiscated, secured or maintained in accordance with section 94 of the Code of Criminal Procedure,

4.

the fact of waiver of a driving licence and

5.

additional

a)

the class, nature and any restrictions on the driving licence which is the subject of the decision referred to in point 1 or point 2 or the waiver referred to in point 4; and

b)

Family names, birth names, other names, names, names, names, names, names, names, dates and places of birth of the person to which an entry is available in accordance with points 1 to 3.

The call shall only be admissible if:

1.

this form of data transmission is appropriate, taking into account the legitimate interests of the persons concerned, on account of the large number of transfers or because of their particular need for urgent action, and

2.

the beneficiary State of Directive 95 /46/EC of the European Parliament and of the Council of 24. October 1995 (OJ C 327, EC No L 281 p. 31).

Paragraphs 2 and 3 and paragraph 4 are to be applied in accordance with the occasion of the adoption of the calls. Unofficial table of contents

§ 30b Automated request and information procedures at the Kraftfahrt-Federal Office of the Federal Republic of Germany

(1) The transmission of data from the travel suitability register pursuant to § 30 (1) to (4b) and (7) may be carried out in an automated request and information procedure according to § 30c (1) no. 6 according to the approximate provision of the register. The requesting body shall specify the purposes for which the data to be transmitted are needed. (2) Such procedures may be established only if it is ensured that:

1.

the technical and organisational measures necessary for the protection against misuse are taken and

2.

the admissibility of the transmission may be controlled in accordance with the provisions of paragraph 3.

(3) The Kraftfahrt-Bundesamt as a transmitting authority shall keep records containing the data transmitted, the date of transmission, the recipient of the data and the purpose indicated by the recipient. § 30a (3) sentence 2 and 3 shall apply accordingly. Unofficial table of contents

§ 30c Erpowerfoundations, Implementing Regulations

(1) The Federal Ministry of Transport and Digital Infrastructure is authorized to issue legal regulations with the consent of the Federal Council of Germany

1.

the contents of the entries, including the personal data in accordance with section 28 (3),

2.

Reduction of the repayment periods in accordance with § 29 (1) sentence 5 and over repayments without regard to the course of time limits pursuant to section 29 (3) (3),

3.

the nature and extent of the data to be transmitted in accordance with § 30 (1) to (4), (7) and (10), as well as the determination of the recipients and the business route in the case of transfers pursuant to § 30 (7) and (10),

4.

proof of identity in the case of information pursuant to section 30 (8),

5.

the nature and extent of the data to be transmitted in accordance with Section 30a (1), the measures to safeguard against abuse pursuant to section 30a (2), the further records pursuant to section 30a (4) on retrieval in the automated procedure and the determination of the recipients in the case of transfers pursuant to section 30a (5),

6.

the nature and extent of the data to be transmitted in accordance with Section 30b (1) and the measures to safeguard against abuse in accordance with § 30b (2) no. 1.

(2) The Federal Ministry of Transport and Digital Infrastructure is authorized to use general administrative provisions with the consent of the Federal Council

1.

on the manner in which data transfers are carried out,

2.

on the cooperation between the Federal Central Register and the Travel Suitability Register

to the Commission. The general administrative provisions referred to in point 1, insofar as judicial authorities are concerned, and in accordance with point 2, shall be adopted jointly with the Federal Ministry of Justice and Consumer Protection.

V.
Register of vehicles

Unofficial table of contents

Section 31 Register management and register authorities

(1) The registration authorities shall keep a register of the vehicles for which a registration plate of their district has been allocated or issued (local register of vehicle registration authorities). (2) The Federal Office of the Federal Republic of Germany shall keep a register of the vehicles Vehicles for which a license plate has been assigned or issued in the scope of this Act (Central Vehicle Register of the Federal Power Station). (3) Insofar as the services of the Bundeswehr, the police force of the Federal Government and the Länder, the water- and the shipping administration of the federal government own registers for each of them , the provisions of this section shall not apply. The first sentence shall apply to vehicles registered by the successor companies of the Deutsche Bundespost. Unofficial table of contents

Section 32 Purpose of vehicle registers

(1) The register of vehicles shall be kept for the storage of data

1.

for the authorisation and supervision of vehicles under this Act or the legislation based thereon;

2.

for measures to ensure insurance cover in the context of motor insurance cover,

3.

measures for the implementation of motor vehicle tax law,

4.

for measures in accordance with the Federal Power Act, the Traffic Safety Act, the Traffic Services Act or the legislation based thereon,

5.

for civil protection measures in accordance with the laws of the countries adopted in this connection or the legislation based thereon;

6.

measures for the implementation of end-of-life vehicles; and

7.

for measures to implement the infrastructure levy legislation.

(2) The register of vehicles shall also be used for the storage of data for the provision of information in order to:

1.

persons in their capacity as holders of vehicles,

2.

vehicles of a holder or

3.

Vehicle data

to determine or determine. Unofficial table of contents

Section 33 Content of the vehicle registers

(1) In the local and central register of vehicles, as far as this is required for the performance of the tasks specified in § 32, the following shall be stored:

1.

according to the provisions of the law (Article 47 (1) (1)), data on the condition, equipment, identification characteristics, testing, marking and documentation of the vehicle and on actual and legal conditions in relation to the Vehicle, including in particular liability insurance, vehicle control of the vehicle and the recovery or non-disposal of the vehicle as domestic waste (vehicle data), and

2.

Data on the person who is assigned or issued a vehicle registration plate (holder data), and

a)

in the case of natural persons: surname, name of birth, first name, the name of the order or the name of the place of birth, the date and place of birth, the date and place of birth, sex, address; in the case of vehicles with an insurance label The storage of birth names, place of birth and gender of the holder is not required,

b)

in the case of legal persons and authorities: name or name and address; and

c)

in the case of associations, designated representatives with the information referred to in (a) and, where appropriate, the name of the association.

In addition, in the local and central register of vehicles, data relating to those to which a vehicle has been sold with an official identifier (holder data) are stored in order to fulfil the tasks referred to in § 32, and

a)

for natural persons: surname, first name and address,

b)

in the case of legal persons and authorities: name or name and address; and

c)

in the case of associations, designated representatives with the information referred to in (a) and, where appropriate, the name of the association.

(2) In the local and central register of vehicles, professional self-employed persons who are assigned an official licence plate for a vehicle shall be stored for the tasks referred to in section 32 (1) (4) and (5) of the occupation data, and

1.

in the case of natural persons, the profession or industry (economic activity) and

2.

in the case of legal persons and associations, where appropriate, industry (economic activity).

(3) In the local and central register of vehicles, the arrangement of a travel book edition may be stored for infringements of traffic regulations. (4) Furthermore, data which may not be transmitted (section 41) shall be included in the Vehicle registers of transmission locks stored. Unofficial table of contents

Section 34 Collection of data

(1) Anyone applying for the allocation or the issuing of a registration plate for a vehicle shall have the authority responsible for this purpose.

1.

the data to be stored in accordance with § 33 (1) sentence 1 no. 1 of the vehicle data to be stored in accordance with the provisions of the law (§ 47 (1) (1)) and

2.

the holding data to be stored in accordance with section 33 (1) sentence 1 no.

and to demonstrate on request. The respective insurer is also empowered to notify and provide proof of the data on liability insurance. The registration authority may verify the accuracy and completeness of the data communicated by the applicant by obtaining information from the registration register. (2) Anyone applying for the allocation of an official registration mark for a vehicle shall have the following information: (3) If a vehicle for which an official mark has been issued is sold, the transferor of the vehicle shall be informed of the data on the profession or trade (branch of industry). Approval authority which has assigned this license plate, which is referred to in Article 33 (1) sentence 2 shall be communicated to the acquirer (holder data). The notification shall not be required if the new owner has already complied with his obligation to notify pursuant to paragraph 4. (4) The holder and the owner, if the holder is not at the same time holder, shall have any change in the data to the approval authority. (5) The insurers may not pass on to the competent authorisation authority or the termination of the Insurance ratio of the prescribed liability insurance for the vehicle in question . In the context of the approval of vehicles with insurance marks, the insurers have the necessary vehicle data according to the provisions of Article 47 (1) (2)) and the holding data pursuant to § 33 (1) of the German Insurance Act (Bundesamt). Paragraph 1 (2). Unofficial table of contents

Section 35 Transmission of vehicle data and retention data

(1) The vehicle data and holding data stored in accordance with § 33 (1) may be applied to authorities and other public bodies within the scope of this Act for the performance of the duties of the Admissions Office or the Federal Motor Vehicle Office or the tasks of the Federal Office for the Safety of Passengers of the recipient only if this is required for the purposes pursuant to section 32 (2)

1.

for the purposes of implementing the tasks referred to in Article 32 (1),

2.

for the prosecution of criminal offences, for the execution or enforcement of penalties, of measures within the meaning of Section 11 (1) No. 8 of the Penal Code or of educational measures or breeding funds within the meaning of the Juvenile Justice Act,

3.

to prosecutions of administrative offences,

4.

to avert threats to public security or order,

5.

to fulfil the tasks conferred by law on the constitutional protection authorities, the military shielding service and the Federal Intelligence Service,

6.

in the case of measures under the Waste Management Act or the legislation based thereon;

7.

for measures under the Economic Enforcement Act or the legislation based thereon;

8.

for measures in accordance with the 1975 Energy Security Act or the legislation based thereon;

9.

for the fulfilment of the legal notification requirements for securing the tax revenue in accordance with § 93 of the German Tax Code,

10.

for the determination of the toll for the use of toll roads within the meaning of § 1 of the federal highway toll law and for the prosecution of claims under this law,

11.

for the investigation of the toll fee for the use of federal highways and for the prosecution of claims under the Trunk Road Construction Private Finance Act of 30 August 1994 (BGBl. 2243), as amended,

12.

for determining the toll fee for the use of roads according to national law and for the prosecution of claims under the laws of the countries on the charging-financed re-development and extension of roads,

13.

for the examination of persons receiving social assistance, benefits of basic insurance for job-seekers or benefits under the Asylum Seekers Benefits Act, in order to avoid any illegal use of such services,

14.

for the purposes referred to in Article 17 of the International Maintenance Law, or

15.

for the purposes set out in § 802l of the Code of Civil Procedure.

(1a) The data on the condition, equipment and identification characteristics of vehicles stored in accordance with Article 33 (1) (1) may be used by the Central Control Points for Fire Protection, Civil Protection and Rescue Service if this is necessary for the purposes of § 32 (2) The vehicle data and holding data stored in accordance with § 33 (1) may, if this is necessary for the purposes of Article 32 (2), be required;

1.

to holders of operating licences for vehicles or to vehicle manufacturers for revocation measures for the elimination of significant defects for road safety or for the environment on vehicles already delivered (section 32 (1) (1)) and up to the 31 December 1995 for state-sponsored measures to improve the protection against harmful environmental effects by vehicles already delivered,

1a.

to vehicle manufacturers and importers of vehicles as well as to their legal successor in order to verify the information on the recovery of the vehicle after the end of the old-vehicle fleet and

2.

to insurers in order to guarantee the prescribed insurance protection (§ 32 para. 1 no. 2)

(2a) The data on the ticket orders stored in accordance with Section 33 (3) may be transferred to:

1.

the authorisation authorities, in the appropriate application of paragraph 5 (1), for the supervision of the travel book edition,

2.

the Federal Office of the Federal Republic of Germany, in the appropriate application of paragraph 5 (1), for the assistance of the regulatory authorities in the context of the supervision of the travel book edition, or

3.

the competent authorities or courts for the prosecution of criminal offences or of administrative offences in accordance with § § 24, 24a or § 24c

(3) The transmission of vehicle data and holding data for purposes other than the determination or determination of holders or vehicles (Article 32 (2)) is inadmissible, without prejudice to paragraphs 4, 4a to 4c, of the following: because the data are

1.

essential to the

a)

the prosecution of criminal offences or the enforcement or enforcement of penalties,

b)

Defence of an individual risk to public safety,

c)

to fulfil the tasks conferred by law on the constitutional protection authorities, the military shielding service and the Federal Intelligence Service,

d)

Fulfilment of the statutory notification obligations to secure the tax revenue in accordance with § 93 of the German Tax Code, to the extent that this provision is directly applicable, or

e)

Fulfilment of statutory notification obligations pursuant to § 118 (4) sentence 4 No. 6 of the Twelfth Book of the Social Code,

and

2.

in other ways, not or not in good time, or only with disproportionate effort.

The applicant authority shall keep records of the request with a reference to the request. Records shall be kept separately, shall be secured by technical and organisational measures and shall be destroyed at the end of the calendar year following the year of production of the record. The records may be used only to control the admissibility of the transfers, unless there is evidence that their recovery is intended to clarify or prevent a serious crime against limb, life or (4) At the request of the Federal Criminal Police Office (Bundeskriminalamt), the Federal Office of the Federal Republic of Germany, the Federal Office of the Federal Republic of Germany (Bundeskriminalamt), can hold the information stored in the Central Vehicle Register (Central Vehicle Register). Holder data with the police search stock of the arrest warrant Match people. The collected data of wanted persons may be transmitted to the Federal Criminal Police Office. The Federal Criminal Police Office's request shall be made by sending a data carrier. (4a) At the request of the information centre pursuant to § 8a of the compulsory insurance act, the registration authorities and the Federal Motor Insurance Office shall transmit the information pursuant to section 33 (1). stored vehicle data and holding data relating to the purposes set out in § 8a (1) of the statutory insurance law. (4b) On the basis of § 7 para. 2 of the International Family Law Procedure Act, § 4 (3) sentence 2 of the Adult Protection Convention- Execution Act of 17 March 2007 (BGBl. 314) and the provisions of § § 16 and 17 of the German Law on Maintenance Abroad of 23 May 2011 (BGBl. 898), the Federal Office of the Federal Republic of Germany of the Central Authority referred to in these regulations shall, upon request, transmit the holding data stored in accordance with § 33 (1) sentence 1 no. 2. (4c) For the purposes referred to in § 755 of the Code of Civil Procedure The Federal Office of Power shall transmit the data stored in accordance with § 33 (1) sentence 1 no. 2 to the court enforcator upon request. (5) The vehicle data and holding data stored in accordance with § 33 (1) or (3) may be transmitted by the Federal Office for the purpose of determining the Legal regulation (§ 47 para. 1 no. 3) will be transmitted on a regular basis

1.

from the registration authorities to the Kraftfahrt-Bundesamt für das Zentrale Fahrzeugregister and from the Kraftfahrt-Bundesamt to the registration authorities for the local vehicle registers,

2.

from the registration authorities to other regulatory authorities where they have been or have been seized of the vehicle in question,

3.

by the registration authorities to the insurers in order to ensure the prescribed insurance protection (Article 32 (1) (2)),

4.

by the regulatory authorities to the authorities responsible for the exercise of the administration of motor vehicle taxes in order to implement vehicle tax law (Article 32 (1) (3)),

5.

by the registration authorities and by the Kraftfahrt-Bundesamt für Measures pursuant to the Federal Service Act, the Traffic Safety Act, the Traffic Performance Act or the Civil Protection Act in accordance with the laws of the Länder or the the legal provisions based on that legislation (section 32 (1) (4) and (5)),

6.

by the admission authorities for exams pursuant to § 118 (4) sentence 4 No. 6 of the Twelfth Book of the Social Code to the institutions of social assistance in accordance with the Twelfth Book of Social Code.

(6) The Kraftfahrt-Bundesamt as a transmitting authority shall keep records containing the data transmitted, the date of transmission, the recipient of the data and the purpose indicated by the recipient. The records may only be used for checking the admissibility of the transfers, shall be secured by technical and organisational measures against abuse and at the end of the calendar half-year, which shall be the six-month period of transmission shall be followed, deleted or destroyed. In the case of transmission in accordance with Article 35 (5), special records shall be required if the particulars referred to in sentence 1 can be taken from the register or other documents. The first and second sentences also apply to the transfer by the Federal Motor Service (Bundesamt) in accordance with § § 37 to 40. Unofficial table of contents

§ 36 retrieval in automated procedures

(1) The transmission in accordance with § 35 (1) No. 1, insofar as these are tasks in accordance with § 32 (1) No. 1, from the Central Vehicle Register to the registration authorities may be made by means of retrieval in the automated procedure. (2) The transmission according to § 35 Paragraph 1 (1) to (5) of the Central Vehicle Register may be made by means of a call in the automated procedure

1.

to the police officers of the federal and state governments and to the offices of the customs administration, in so far as they exercise authority in accordance with § 10 of the Customs Administration Act or carry out border police tasks,

a)

to check whether the vehicles, including their cargo and the vehicle documents, are correct,

b)

against the prosecution of administrative offences in accordance with § § 24, 24a or § 24c,

c)

for the prosecution of criminal offences or for the enforcement or enforcement of penalties, or

d)

to avert threats to public security,

1a.

to the administrative authorities within the meaning of section 26 (1) for the prosecution of administrative offences in accordance with § § 24, 24a or § 24c,

2.

the customs authorities for the prevention or prosecution of tax and economic offences and the tax authorities of the national financial authorities responsible for the prevention or prosecution of tax offences; and

3.

to the constitutional protection authorities, the Military shielding service and the Federal Intelligence Service to fulfil their tasks assigned by law.

Sentence 1 shall apply mutatily to the retrieval of the local police departments of the Länder and administrative authorities within the meaning of section 26 (1) of the respective local vehicle registers. (2a) The transmission from the Central Vehicle Register according to § § 26 (1). 35 (1) (9) may be made by means of a call in the automated procedure to the departments of the financial authorities responsible for the control and collection of the turnover tax, if, on a case-by-case basis, this is intended to prevent the misuse of the VAT Provisions of the Sales Tax Act in the case of trade, acquisition or transfer (2b) The transmission according to § 35 (1) (11) and (12) of the Central Vehicle Register may be carried out by means of a call in the automated procedure at the private person who has been borrowed with the charging of the toll fee. (2c) The transmission pursuant to section 35 (1) no. 10 of the Central Vehicle Register may be sent to the Federal Office of Goods Transport and to any other public body responsible for the collection of the toll by the Federal Office for the Transport of Goods by the Federal Office for the Transport of Goods and Passengers. (2d) The transmission in accordance with § 35 (1) (14) of the German Federal Law on the Protection of the Environment Central vehicle registers may be made by calling in automated procedures to the central authority (§ 4 of the German Foreign Maintenance Act). (2e) The transmission in accordance with § 35 (1) point 15 from the Central Vehicle Register may be accessed by calling in the (2f) The transmission in accordance with § 35 paragraph 2a may be carried out by means of retrieval in the automated procedure. (3) The transmission according to § 35 para. 3 sentence 1 from the Central Vehicle Register may also be transmitted by Retrieval in automated procedures to the police force of the federal and state governments Prosecution of criminal offences or the enforcement or enforcement of penalties, or the defence of an individual risk to public security, to the customs authorities for the prevention or prosecution of tax and Economic offences, the tax authorities of the state financial authorities responsible for the prevention or prosecution of tax offences, as well as the constitutional protection authorities, the military shielding service and the Federal Intelligence Service for the performance of its tasks carried out by law (3a) The transmission from the Central Vehicle Register pursuant to Section 35 (4a) may be made by calling in the automated procedure to the point of arrival in accordance with § 8a of the compulsory insurance law. (3b) The transmission from the central register The register of vehicles referred to in Article 35 (1) (1) shall be made available in the automated procedure by the authorities responsible for the administration of the vehicle tax. The retrieval shall only be admissible if the data sets transmitted by the approval authorities pursuant to § 35 (5) (4) are incorrect or incomplete. (3c) The transmission from the Central Vehicle Register pursuant to Article 35 (1a) may be sent to the central offices. Fire protection, civil protection and rescue services for the preparation of the rescue of persons from vehicles are carried out by means of retrieval in automated procedures. (4) The call can only be made on a specific vehicle or a specific vehicle. Holder and in the cases referred to in paragraphs 1 and 2, first sentence, point 1 (a) and (b), only under Use of vehicle data is carried out. (5) The installation of equipment for retrieval in the automated procedure is only permissible if, according to the approximate provision by means of legal regulation (Section 47 (1) no. 4), it is guaranteed that:

1.

the data kept available for retrieval are necessary for the recipient and their transmission is appropriate through automated retrieval, taking into account the legitimate interests of the person concerned and the task of the recipient;

2.

take appropriate measures to ensure data protection and data security, in particular the confidentiality and integrity of the data; in the case of the use of generally accessible networks; are to be used for encryption and

3.

the admissibility of the calls may be controlled in accordance with paragraph 6.

(5a) (omitted) (6) The Kraftfahrt-Bundesamt (Kraftfahrt-Bundesamt) or the Admissions Authority (Admissions Office) as the transmitting authority shall make records of the call-off records, which shall include the data used in the execution of the call, the date and time of the call, the identification of the retrieving service and the retrieved data. The logged data may only be used for the purposes of data protection control, data protection, or for ensuring the proper operation of the data processing system. The data logged in accordance with the first sentence may also be used to provide information to the data subject which is included in Annex I, Section I and II of Directive 2011 /82/EU of the European Parliament and of the Council of 25 November 2011 on the European Parliament and of the Council of the European Parliament and of the Council of the European Union October 2011 on the facilitation of cross-border exchange of information on road safety related traffic offences (OJ L 327, 28.12.2011, p. 1) for the purposes of the pursuit of road safety in other Member States of the European Union for the purposes of the pursuit of such data in Article 2 of Directive 2011 /82/EU; vulnerable, offences were transmitted. The date of the request and the competent body referred to in the first sentence to which the transmission took place shall also be communicated to the person concerned. Section 36a shall apply in accordance with the procedures laid down in sentences 3 and 4. If there is evidence that, without their use, the prevention or prosecution of a serious offence against the body, life or freedom of a person would be unruthless or substantially more difficult, the data may also be used for that purpose. shall be used, provided that the request of the law enforcement authority is made using the holder data of a particular person or vehicle data of a particular vehicle. The protocol data shall be protected by appropriate precautions against misuse and against any other misuse and shall be deleted after six months. (7) In the case of retrieval from the Central Vehicle Register, the Federal Office of the Federal Republic of Germany shall be responsible for the application of the data. to produce records which relate to the occasion of the call and enable the persons responsible for the retrieval to be established. The details are determined by legal regulation (§ 47 (1) (5)). This applies accordingly to calls from the local vehicle registers. (8) As far as local vehicle registers are not carried out in the automated procedure, the transmission of the vehicle data and holder data stored in accordance with § 33 (1) shall be carried out by Inspection of the local register of vehicles outside the usual service hours shall be permitted for the police service responsible for the relevant authorisation area, if:

1.

this is necessary for the performance of the tasks referred to in the first sentence of paragraph 2, and

2.

without the immediate inspection, the performance of these tasks would be jeopardizing.

The police department shall record the fact of inspection, the date and the occasion of the inspection and the name of the person to be considered; the records shall be kept for a period of one year and shall be recorded after the end of the calendar year concerned. Destroy it. The provisions of the first and second sentences shall apply to the inspection by the customs authorities for the performance of the tasks referred to in the first sentence of paragraph 2. Unofficial table of contents

Section 36a Automated request and information procedures at the Federal Office of the Federal Republic of Germany

The transmission of the data from the Central Vehicle Register in accordance with § § 35 and 37 may also be carried out in an automated request and information procedure according to § 47 (1) no. 4a according to § 47 (1) (4a) of the law. For the establishment and implementation of the procedure, Section 30b (1), second sentence, (2) and (3) shall apply accordingly. Unofficial table of contents

§ 36b Comparison with the Federal Criminal Police Office's data on property

(1) The Federal Criminal Police Office regularly transmits the data stored in the police information system of vehicles, registration plates, vehicle documents and driving licences, which are stored in the police information system, to the Federal Office for the Protection of Evidence, confiscation, confiscation, assurance, ownership and ownership or ownership is spelled out. The data shall be used for comparison with the vehicles and vehicle documents registered in the Central Vehicle Register and with the driving licences registered in the Central Driving Licenciation Register. (2) The transmission of the data referred to in paragraph 1 may also be used in the automated procedures. Unofficial table of contents

§ 37 Transmission of vehicle data and holding data to places outside the scope of this Act

(1) The vehicle data and holding data stored in accordance with section 33 (1) may be transmitted by the register authorities to the competent authorities of other States, insofar as this is not the case.

a)

for administrative measures in the field of road transport,

b)

on the supervision of insurance cover in the context of motor insurance,

c)

on the prosecution of infringements of legislation in the field of road transport, or

d)

for the prosecution of criminal offences relating to road transport or otherwise with motor vehicles, trailers, registration marks or vehicle documents, driving licences or driving licences,

(1a) In accordance with international treaties between Member States of the European Union or with the other States Parties to the Agreement on the European Economic Area, which shall include the participation of legislative bodies. in accordance with Article 59 (2) of the Basic Law, and in accordance with Article 12 of Council Decision 2008 /615/JHA of 23 June 2008 (OJ L 327, 30.12.2008, p. 1., the vehicle data and holding data stored in accordance with section 33 (1) may also be transmitted by the register authorities to the competent authorities of those States, where this is necessary.

a)

for the prosecution of administrative offences other than those referred to in paragraph 1 (c),

b)

for the prosecution of offences other than those referred to in paragraph 1 (d), or

c)

to avert threats to public safety.

(2) The recipient must be informed that the transmitted data may only be used for the purpose for which it is transmitted to it. (3) The transmission shall not be transmitted if the interests of the person concerned are worthy of protection by the person concerned. , in particular if an adequate data protection standard is not guaranteed in the recipient country. Unofficial table of contents

§ 37a retrieval in automated procedures by bodies outside the scope of this law

(1) By calling in the automated procedure, the central register of vehicles may, for the purposes of the measures referred to in § 37 (1) and (1a), apply to the competent public authorities in a Member State of the European Union or another Member State. State of the Agreement of the Agreement on the European Economic Area the data required for the performance of the Agreement for the purpose of which the Agreement is to be filled in accordance with the provisions of Section 47 (1) (5a). (2) The retrieval may only be made using the Vehicle data, in the case of retrieval for the purposes referred to in Article 37 (1a), only using the a complete vehicle identification number or the complete identification number, take place only on a specific vehicle or holder. (3) The retrieval is only permitted if:

1.

this form of data transmission is appropriate, taking into account the legitimate interests of the persons concerned, on account of the large number of transfers or because of their particular need for urgent action, and

2.

the beneficiary State of Directive 95 /46/EEC of the European Parliament and of the Council of 24. October 1995 (OJ C 327, EC No L 281 p. 31).

Section 36 (5) and (6) and (7) shall apply mutas to the occasion of the adoption of the call. Unofficial table of contents

Section 37b Transmission of vehicle and holding data in accordance with Directive 2011 /82/EU

(1) The Kraftfahrt-Bundesamt shall, in accordance with paragraph 2, support the national contact points of the other Member States of the European Union referred to in Article 4 (3) of Directive 2011 /82/EU in the investigation into the following in the relevant Member States have committed traffic offences that are dangerous to road safety:

1.

speed transgressions,

2.

Non-application of the seat belt,

3.

Crossing a red light sign,

4.

Drunkenness in road transport,

5.

Driving under the influence of intoxiating means,

6.

Non-wearing of a protective helmet,

7.

the unauthorised use of a lane;

8.

illegal use of a mobile phone or other communication equipment when driving.

(2) On request, the Federal Motor Vehicle Office shall communicate to the national contact point of another Member State of the European Union the following data relating to the vehicle and the holder, which are stored in accordance with section 33:

1.

official registration number,

2.

Vehicle identification number,

3.

Country of authorisation,

4.

brand of the vehicle,

5.

trade name,

6.

EU vehicle class,

7.

name of the holder,

8.

the first name of the holder,

9.

Address of the holder,

10.

Gender,

11.

date of birth,

12.

Legal entity,

13.

Birthplace,

if, in individual cases, this is necessary for the performance of a task of the national contact point of the requesting Member State of the European Union or of the competent authority of the requesting Member State of the European Union. Unofficial table of contents

Section 37c Transmission of vehicle data and retention data to the European Commission

The Kraftfahrt-Bundesamt shall transmit to the Federal Office for the fulfilment of the reporting obligation pursuant to the fourth subparagraph of Article 5 (1) of Directive 2009 /103/EC of the European Parliament and of the Council of 16 September 2009 relating to insurance against civil liability in respect of the use of motor vehicles, and the control of the corresponding insurance obligation (OJ L 327, 11) by 31 March of each year to the European Commission, the names or names and addresses of the owners of the vehicle referred to in Article 33 (1), which are referred to in section 2 (1) (1) to (5) of the Compulsory insurance law is exempt from compulsory insurance. Unofficial table of contents

Section 38 Transmission for scientific research

(1) The vehicle data and holding data stored in accordance with Section 33 (1) may be transmitted to universities, other institutions carrying out scientific research, and public bodies, to the extent that:

1.

whereas this is necessary for the implementation of certain scientific research;

2.

the use of anonymized data for this purpose is not possible; and

3.

the public interest in the research work considerably outweighs the protection worthy interest of the person concerned in the exclusion of the transmission.

(2) The transmission of the data shall be effected by providing information if it can thereby achieve the purpose of the research work and the grant does not require a disproportionate effort. (3) Personal data will only be provided to such data Persons who have been particularly pledged for public service or who have been committed to secrecy have been sent to persons who have been particularly pledged to the public service. Article 1 (2), (3) and (4) (2) of the Obligations Act applies to the obligation to maintain secrecy. (4) The personal data may only be used for the research work for which they have been transmitted. The use of any other research or transfer shall be governed by paragraphs 1 and 2 and shall be subject to the consent of the body which transmitted the data. (5) The data shall be protected against unauthorised knowledge by third parties. The body responsible for scientific research shall ensure that the use of the personal data is spatially and organizationally separated from the performance of such administrative tasks or business purposes for which this data is provided. (6) As soon as the research purpose permits, the personal data are to be anonymized. As long as this is not yet possible, the characteristics must be kept separately, with which details can be attributed to the personal or factual circumstances of a specific or determinable person. They may only be merged with the individual information provided that the purpose of the research is required. (7) Anyone who has received personal data in accordance with paragraphs 1 and 2 may publish it only if this is necessary for the presentation of (8) If the recipient is a non-public body, § 38 of the Bundesdatenschutzgesetz (Bundesdatenschutzgesetz) shall apply with the proviso that the supervisory authority shall be responsible for the implementation of the provisions relating to the Data protection is monitored even if there is no sufficient evidence of a breach of these rules, or if the recipient does not process the personal data in files. Unofficial table of contents

§ 38a Transmission and use for statistical purposes

(1) The vehicle and holding data stored in accordance with § 33 (1) may be transmitted for the preparation and execution of statistics, insofar as they are arranged by legislation, if the preparation and execution of the project It is not possible to use anonymized data (§ 45) alone. (2) The provisions of the Federal Statistics Act and the statistical laws of the Länder are applicable. Unofficial table of contents

§ 38b Transmission and use for planning purposes

(1) The vehicle and holding data stored in the local vehicle registers in accordance with § 33 (1) may be transmitted to public authorities for traffic planning in the public interest if the project is carried out solely with anonymous data (§ 45) is not possible, or is only possible with disproportionate effort, and the data subject has consented or is not adversely affected by the interests of the person concerned. (2) The recipient of the data has to ensure that

1.

the control to ensure the protection of the interests of the person concerned is ensured at all times;

2.

the data are used only for the project in question;

3.

only have access to the data for the persons involved in the project in question,

4.

these persons are required not to disclose the data to unauthorized persons, and

5.

the data will be anonymized or deleted as soon as the purpose of the project is permitted.

Unofficial table of contents

Section 39 Transmission of vehicle data and holding data for the prosecution of legal claims

(1) Of the vehicle data and holder data stored in accordance with § 33 (1)

1.

Family name (for legal persons, authorities or associations: name or name),

2.

First names,

3.

Order and Artist's Name,

4.

Address,

5.

the type, manufacturer and type of vehicle,

6.

the name and address of the insurer;

7.

the number of the insurance certificate, or, if it is not yet stored, the number of the insurance certificate;

8.

where appropriate, the date of termination of the insurance relationship,

9.

where appropriate, exemption from the statutory insurance obligation,

10.

the date of dispatch or issue of the identifier for the holder, and

11.

Motor vehicle identifiers

shall be transmitted by the registration authority or by the Federal Motor Vehicle Authority, if the consignee, indicating the identification mark or the vehicle identification number in question, states that he/she is the data for the purpose of enforcement, or for the purpose of satisfying or defying legal claims in connection with the participation in road transport or for the collection of a private lawsuit for infringements committed in the road transport sector (simple register information). (2) Further information Vehicle data and holding data as those permitted under paragraph 1 shall be if the recipient, with the indication of vehicle data or personal data of the holder, makes it credible that he/she

1.

the data on the assertion, protection or enforcement, the satisfaction or defence of legal claims relating to the participation in road transport, the theft, the other hand-off of the vehicle or the collection of a requires private action for infringements committed in the road transport sector;

2.

(dropped)

3.

the data could be obtained in some other way, either not or only with a disproportionate effort.

The holder data and vehicle data referred to in paragraph 1 (1) to (5) and (11) may be transmitted if the consignee, with the indication of vehicle data or particulars of the holder, makes it credible that he/she is

1.

the data on the assertion, security or enforcement

a)

of public claims not related to road transport, or

b)

In accordance with § 7 of the German Social Code, § 33 of the Second Book of Social Law or § 94 of the Twelfth Book of the Social Code of the Social Code

in the amount of at least EUR 500 each,

2.

shall not be able, without knowledge of the data on the assertion, protection or enforcement of the legal claim, and

3.

the data could be obtained in some other way, either not or only with a disproportionate effort.

Section 35 (3) sentences 2 and 3 shall apply accordingly. The records may only be used to control the admissibility of the transfers. Unofficial table of contents

§ 40 Transmission of other data

The data relating to occupation and trade (economic activity), stored in accordance with § 33 (2), may only be transmitted to the competent authorities for the purposes of § 32 (1) (4) and (5). In addition, these data may be transmitted for statistical purposes (section 38a (1)); the admissibility and the execution of statistical projects shall be governed by section 38a. Unofficial table of contents

§ 41 Delivery locks

(1) The arrangement of transmission locks in the vehicle registers shall be permissible if there are significant public interests against the disclosure of the holder data. (2) Furthermore, the transfer locks shall be ordered at the request of the person concerned, if he/she is (3) The transmission in spite of an existing barrier is permissible on a case-by-case basis if the knowledge of the blocked data is an overriding public There is an interest in, in particular, the prosecution of criminal offences. The suspension responsible for the arrangement of the lock shall decide on the cancellation. If it wishes to hold the deadlock on the grounds that it considers the public interest (paragraph 1) which causes the lock to be predominant, or because it considers the impairment of the interests of the person concerned to be a priority (paragraph 2) as a priority, it will Decision of the supreme state authority. Prior to the transmission, the person concerned shall be given the opportunity to comment, unless the hearing would be contrary to the purpose of the transmission. (4) The transmission, in spite of an existing ban, is also admissible on a case-by-case basis, if the It would otherwise not be possible to assert, secure or enforce, or to satisfy or defend legal claims within the meaning of § 39 (1) and (2). Prior to transmission, the person concerned shall be given the opportunity to comment. The second and third sentences of paragraph 3 shall apply accordingly. Unofficial table of contents

§ 42 Data comparison for the elimination of errors

(1) In the case of doubt as to the identity of a registered holder with the holder to which a new communication relates, the data sets of the ticket register and the central driving licence register may be used to identify those keepers . Where it is not possible to establish the identity of the holders concerned in this way, the data transmitted on request from the register registers may be used to remedy the doubts. The admissibility of the transmission by the reporting authorities is based on the reporting laws of the countries. If the doubts concerning the identity of the holders concerned cannot be dispelled, the entries on both holders shall be accompanied by a reference to the doubts as to their identity. (2) The data stored in the Central Vehicle Register pursuant to § 33 Data may be transmitted to the regulatory authorities, where necessary, in order to identify and remove errors and deviations in their registers and to complete these local registers. The data stored in the local register of vehicles in accordance with § 33 may be transmitted to the Federal Motor Service (Kraftfahrt-Bundesamt) in so far as this is necessary in order to detect and eliminate errors and deviations in the central vehicle register and to remove the data from the central register. To complete the register of vehicles. The transmission in accordance with the first or second sentence is only permissible if there is reason to believe that the registers are incorrect or incomplete. (3) The data stored in the Central Vehicle Register or in the relevant local vehicle register pursuant to § 33 The holder and vehicle data may be transmitted to the authority responsible for the exercise of the administration of the motor vehicle tax, in so far as it is necessary for measures relating to the implementation of the motor vehicle tax law, in order to avoid errors and deviations in the vehicle tax system. the data available for the exercise of the management of the vehicle tax competent authorities to identify and complete these data sets. The transmission in accordance with the first sentence shall be admissible only if there is reason to believe that the data are incorrect or incomplete. Unofficial table of contents

§ 43 General provisions for the data transfer, processing and use of the data by the recipient

(1) The transfer of data from the vehicle registers shall be admissible only on request, unless it is determined by specific legislation that the register authority has to forward certain data from its own initiative. The responsibility for the admissibility of the transmission shall be borne by the transmitting body. Where the transmission is carried out at the request of the beneficiary, the latter shall bear the responsibility. In such a case, the transmitting body shall examine only whether the request for transmission lies within the scope of the consignee's duties, unless there is a particular reason for examining the admissibility of the transmission. (2) The addressee may not shall only process and use data for the purpose of which it has been transmitted to it. The recipient may also process and use the transmitted data for other purposes, insofar as they may also have been transmitted to him for those purposes. If the addressee is a non-public body, the authority to be notified shall draw the attention to it. Processing and use for other purposes by non-public authorities shall require the consent of the notified body. Unofficial table of contents

Section 44 Deletion of data in the vehicle registers

(1) The data stored in accordance with § 33 (1) and (2) shall be deleted in the vehicle registers at the latest if they are no longer required for the tasks in accordance with § 32. Up to this point, all other data stored on the vehicle in question must also be deleted. (2) The data on the travel book requirements (section 33 (3)) must be deleted after the edition has been omitted. Unofficial table of contents

Section 45 Anonymized data

The provisions of this Section shall not apply to the collection, processing and other use of data that does not allow any reference to a specific or identifiable person (anonymized data). The data that make possible a reference to a specific or identifiable person also includes the registration number of a vehicle, the vehicle identification number and the vehicle's letter number. Unofficial table of contents

Section 46

(dropped) Unofficial table of contents

Section 47 Erpowerfoundations, Implementing Regulations

The Federal Ministry of Transport and Digital Infrastructure is authorized to issue legal regulation with the consent of the Federal Council

1.

,

a)

the vehicle data to be determined in detail (Section 33 (1), first sentence, No. 1) and

b)

Which holder data in accordance with § 33 (1) sentence 1 sentence 1 no. 2 in which cases of assignment or issue of the registration mark, taking into account the tasks mentioned in § 32

shall be stored in the local and central register of vehicles (Section 33 (1)) and shall be collected for storage (Section 34 (1)),

2.

the person who has to be informed of the vehicle data to be determined in detail by the insurers for storage in the Central Vehicle Register pursuant to § 34 (5) sentence 2,

3.

on the regular transmission of the data in accordance with Article 35 (5), in particular on the type of transmission and on the nature and extent of the data to be transmitted,

4.

on the nature and extent of the data to be transmitted and on the measures taken to safeguard against abuse during retrieval in the automated procedure pursuant to § 36 (5),

4a.

on the nature and extent of the data to be transmitted and on the measures taken to safeguard against abuse in accordance with Section 36a,

5.

on details of the procedure laid down in Article 36 (7), second sentence,

5a.

on the nature and extent of the data to be transmitted, the determination of the recipients and the business route in the case of transfers pursuant to Article 37 (1) and (1a),

5b.

the data which may be transferred in accordance with section 37a (1) by means of retrieval in the automated procedure,

5c.

on the determination of which foreign public authorities are authorised to call in the automated procedure pursuant to Section 37a (1),

6.

on the procedure for the blocking of transmission and on the storage, modification and cancellation of the locks pursuant to § 33 (4) and § 41 and

7.

the deletion of the data in accordance with § 44, in particular on the conditions and deadlines for the deletion.

VI.
Driving licence registers

Unofficial table of contents

Section 48 Register and register authorities

(1) The driving licence authorities (§ 2 para. 1) carry out a register (local driving licence register) within the limits of their local competence.

1.

driving licences issued by them and the corresponding driving licences,

2.

Decisions relating to the stock, type and extent of driving licences or other allowances to be used by a vehicle.

By way of derogation from the first sentence of paragraph 2, the body responsible for issuing a test certificate may keep records of certificates issued by it for the authorisation of the driving licence-free vehicle. As soon as a local driving licence register is no longer permitted under the conditions laid down in § 65 (2) sentence 1, the first sentence in conjunction with the second sentence shall only apply to the data referred to in paragraph 65 (2a). (2) The Federal Motor Service shall keep a register. on driving licences and the corresponding driving licences (Central Driving Licences Register), which are issued by the authorities responsible for the enforcement of the driving licence law (driving licence authorities). (3) In the case of a central Licences shall be sent by the driving licence authority to the manufacturer for the purpose of this necessary data. The manufacturer may store all driving licence numbers of the produced driving licences solely for the purpose of demonstrating the whereabout of the driving licence. The storage of the other information contained in the licence by the manufacturer is inadmissible, insofar as it does not serve exclusively and temporarily to manufacture the driving licence; the information must then be deleted. The data according to sentences 1 and 2 may be transferred to the Kraftfahrt-Bundesamt (Kraftfahrt-Bundesamt) for storage in the Central Driving Licence Register according to § 63 (1) no. 1 according to the approximate provision; they are there no later than after the expiry of the twelve months, unless the Office is notified of the granting or modification of the licence within that period; the manufacturer must delete the data after the date of transmission. The Office shall not provide any information prior to receipt of the notification from the Federal Office of the Federal Republic of Germany on the granting or modification of the driving licence. Unofficial table of contents

Section 49 Purpose of the registers

(1) The local driving licence registers and the central driving licence register shall be kept for the storage of data necessary to determine which driving licences and which driving licences a person possesses or for which driving licences shall be: (2) The local driving licence registers will also be kept for the storage of data required

1.

for the assessment of the suitability and ability of persons to drive motor vehicles, and

2.

for the examination of the authorization to drive vehicles.

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Section 50 Content of the driving licence register

(1) In the local driving licence registers and in the central driving licence register are stored

1.

Family names, names of birth, other former names, first names, names of orders or artists, doctoral degree, gender, day and place of birth,

2.

pursuant to Section 63 (1) (2), data on the issue and registration (including the exchange or registration of a German driving licence abroad), stock, type, scope, period of validity, pursuant to Section 63 (1) No. 2 Renewal and modification of the driving licence, the date of the commencement and the expiry of the probation period, additional provisions on driving licences, driving licences and their validity, including the invitation to tender for the purpose of making a licence, other allowances, a the motor vehicle, as well as indications of entries in the travel suitability register, which touch the right to drive motor vehicles.

(2) In addition, the local driving licence registers shall be subject to the following conditions:

1.

the address of the person concerned and

2.

According to Article 63 (1) (2) of the German Law on the Law of the

a)

failure, withdrawal, withdrawal and withdrawal of the licence, waiver of the licence, isolated locking, driving bans and the seizure, freezing and custody of driving licences, as well as measures pursuant to Section 2a (2) and (4) (5),

b)

Prohibitions or restrictions to lead a vehicle.

(3) In the Central Driving Licence Register, in addition to paragraph 1, the reason for the cancellation of the driving licence or of a driving licence class, the duration of the probative period including the remaining period after the premature termination of the probative period, the beginning and the end of the test period may be an inhibition of the probative period and the authority which carries out the documents in connection with the grant, withdrawal or erasing of a driving licence or driving licence class (driving licence file). (4) As soon as a local No more driving licences shall be kept in accordance with the first sentence of Article 65 (2) , the provisions of paragraphs 1 and 2 shall apply only to the data referred to in Article 65 (2a) with regard to the local driving licence register. Unofficial table of contents

Section 51 Communication to the Central Driving Licenciation Register

The driving licence authorities shall immediately communicate the data to be stored on the basis of section 50 (1) or to a change or deletion of an entry in the Central Driving Licenation Register. Unofficial table of contents

Section 52 Transmission

(1) The data stored in the driving licence registers may be sent to the authorities responsible for:

1.

for the prosecution of criminal offences, for enforcement or for the enforcement of penalties,

2.

for the prosecution of administrative offences and the enforcement of fines and their subsidiary consequences under this law, or

3.

for administrative measures under this law or the legislation based on it, in so far as it concerns driving licences, driving licences or other rights to carry a vehicle,

, insofar as this is necessary for the performance of the tasks assigned to these bodies for the purposes set out in § 49. (2) The data stored in the driving licence registers may be used in accordance with § 49 (1) and (2) of the German law. No 2 shall be sent to the authorities responsible for traffic and border checks and to the authorities responsible for roadside checks, to the extent that this is necessary for the performance of their duties. (3) The Federal Motor Transport Authority (Bundesamt) in accordance with § 35 (6) sentence 1 and 2 records of the transfers after the paragraphs 1 and 2. Unofficial table of contents

§ 53 Direct setting and retrieval in automated procedures

(1) The relevant data from the Central Driving Licment Register and the local driving licence registers for the purposes referred to in § 49 may be used for the purposes referred to in § 49 for the purposes specified in section 52 by means of retrieval in the automated (1a) The driving licence authorities may communicate the data which they have to communicate to the Federal Motor Service (Bundesamt) to the Federal Motor Service (Bundesamt) by means of remote data transmission by means of direct control. (2) The installation of installations for the purpose of Direct adjustment or retrieval in automated procedures shall only be permitted if: In accordance with Section 63 (1) no. 4, the provisions of the law shall ensure that:

1.

take appropriate measures to ensure data protection and data security, in particular the confidentiality and integrity of the data; in the case of the use of generally accessible networks; are to be used for encryption and

2.

the admissibility of the direct recruitment or the recall may be controlled in accordance with the provisions of paragraph 3.

(3) The Federal Motor Travel Authority or the driving licence authority shall have to make records of the direct settings and the call-off records, which shall include the data used in the implementation of the direct settings or the call-off, the The day and time of the direct settings or the fetches, the identifier of the setting or retrieving service, and the data that has been set or retrieved must be included. The data logged may be used only for the purposes of data protection control, data protection or for ensuring the proper operation of the data processing system, unless there is evidence to suggest that without their use would be indiscriminately or significantly more difficult to prevent or prosecuve a serious offence against the body, life or freedom of a person. The protocol data shall be protected by appropriate precautions against non-use and against any other misuse, and shall be obtained after six months and in the case of direct recruitment with the completion of the 110. (4) In the case of direct recruitment into and from the Central Driving Licenciation Register, the Kraftfahrt-Bundesamt shall make further records relating to the occasion of direct recruitment, or of the call and the determination of the person responsible for the direct recruitment or retrieval. The details are determined by legal regulation (§ 63 (1) no. 4). This applies accordingly to calls from the local driving licence registers. (5) From the local driving licence registers, the transmission of the data by inspection in the register is outside the usual service hours to those for the relevant District competent police service shall be allowed if:

1.

this is necessary in the context of the tasks referred to in Article 49 (1) and (2) (2) for the performance of the police tasks, and

2.

without the immediate inspection, the performance of these tasks would be jeopardizing.

The police department shall record the fact of inspection, the date and the occasion of the inspection and the name of the person to be considered; the records shall be kept for a period of one year and shall be recorded after the end of the calendar year concerned. Destroy it. Unofficial table of contents

§ 54 Automated notification, inquiry and information procedures at the Federal Office of the Federal Republic of Germany

The transmission of the data to the Central Driving License Register and from the Central Driving Licance Register in accordance with § § 51, 52 and 55 may also be carried out in an automated form according to Article 63 (1) (5) of the German Legislative Decree (§ 63). Participation, request and information procedures shall be carried out. For the establishment and implementation of the procedure, Section 30b (1), second sentence, (2) and (3) shall apply accordingly. The log data of the communications is completed with the completion of the 110. The life year of the person concerned. Unofficial table of contents

§ 55 Transmission of data to bodies outside the scope of this Act

(1) The data stored on the basis of § 50 may be transmitted by the register authorities to the competent authorities of other States, insofar as this is not the case.

1.

for administrative measures in the field of road transport,

2.

on the prosecution of infringements of legislation in the field of road transport, or

3.

for the prosecution of criminal offences relating to road transport or otherwise with motor vehicles or trailers or vehicle documents, driving licences or driving licences,

(2) The recipient must be informed that the transmitted data may only be processed or used for the purpose for which it is transmitted to it. (3) The transmission shall not be transmitted if it has been protected by protection. the interests of the person concerned would be affected, in particular where an adequate standard of data protection is not guaranteed in the recipient country. Unofficial table of contents

§ 56 retrieval in automated procedures by bodies outside the scope of this law

(1) By calling in the automated procedure, the central driving licence register may be used for the measures referred to in Article 55 (1) in a Member State of the European Union or any other Member State responsible for this purpose. State of the Agreement of the Agreement on the European Economic Area the data required for the performance of the Agreement for the purpose of which it is required to fulfil its tasks in accordance with the provisions of Section 63 (1) No. 6. (2) The retrieval shall be admissible only if:

1.

this form of data transmission is appropriate, taking into account the legitimate interests of the persons concerned, on account of the large number of transfers or because of their particular need for urgent action, and

2.

the beneficiary State of Directive 95 /46/EC of the European Parliament and of the Council of 24. October 1995 (OJ C 327, EC No L 281 p. 31).

The provisions of Section 53 (2) and (3) and (4) shall apply mutas to the occasion of the adoption of the call. Unofficial table of contents

Section 57 Transmission and use of data for scientific, statistical and legislative purposes

§ 38, for statistical purposes § 38a and for legislative purposes § 38b shall apply mutatily for the transmission and use of the data stored in accordance with § 50 for scientific purposes. Unofficial table of contents

§ 58 Information on own data from the registers

On request, a private person shall be informed of the contents of the local or central driving licence register free of charge, in writing. The applicant shall attach proof of identity to the application. The information can be given electronically if the application is made using the electronic identity document according to § 18 of the German Personnel ID Act or in accordance with § 78 (5) of the Residence Act. With regard to logging, Section 53 (3) shall apply accordingly. Unofficial table of contents

§ 59 Data comparison for the elimination of errors

(1) In the case of doubt as to the identity of a registered person with the person to which a communication pursuant to § 51 relates, the data holdings of the travel register and of the Central Vehicle Register may be used to identify these persons. shall be used. Where the identification of the identity of the persons concerned is not possible in this way, the data transmitted on request from the reporting registers may be used to remedy the doubts. The admissibility of the transmission by the reporting authorities is based on the reporting laws of the countries. If the doubts concerning the identity of the persons concerned cannot be dispelled, the entries on both persons shall be accompanied by a reference to the doubts as to their identity. (2) The regular use of the persons referred to in Article 28 (3) of the Data stored in the traffic register shall be permitted in order to identify and remove errors and deviations in the personal data and the data relating to driving licences and driving licences of the person concerned in the Central Driving Licences Register, and to complete this register. (3) According to § 50, para. 1 in the Central Data stored in the driving licence may be transmitted to the driving licence authorities to the extent that this is necessary in order to identify and remove errors and deviations in their registers and to complete these local registers. The data stored in the local driving licence register in accordance with § 50 (1) may be transmitted to the Federal Motor Service (Kraftfahrt-Bundesamt) in so far as this is necessary in order to identify and eliminate errors and deviations in the Central Driving Licenation Register and to complete this register. The transfers referred to in sentences 1 and 2 shall be admissible only if there is reason to believe that the registers are incorrect or incomplete. Unofficial table of contents

§ 60 General provisions for the data transfer, processing and use of the data by the recipient

(1) The transfer of data from the driving licence registers shall be admissible only on request, unless it is determined, on the basis of specific legislation, that the register authority has to transmit certain data from its own initiative. The responsibility for the admissibility of the transmission shall be borne by the transmitting body. Where the transmission is carried out at the request of the beneficiary, the latter shall bear the responsibility. In this case, the transmitting authority shall verify only whether the request for transmission lies within the scope of the tasks of the recipient, unless there is a special occasion for examining the admissibility of the transmission. (2) For the purposes of processing and use of the data by the recipient is subject to § 43 (2). Unofficial table of contents

Section 61 Deletion of data

(1) The data stored on the basis of § 50 in the Central Driving License Register shall be deleted as far as

1.

the underlying driving licence is wholly or in respect of individual driving licence classes; or

2.

an official communication on the death of the person concerned.

The data on the trial period shall be deleted one year after the expiry of the trial period. The first subparagraph of paragraph 1 shall not apply to the data stored in accordance with Article 50 (1) (1), to an erased driving licence or to a driving licence class, to the date of issue, to the date of the respective erasure, to the reason for the erasure of a Driving licence or a driving licence class, the beginning and end of the probative period, the duration of the probative period including the remaining duration after an early termination, the beginning and the end of the inhibition of the probative period, the restrictions and conditions the driving licence or driving licence class, the driving licence number and the authority responsible for the (2) The data referred to in point 1 of the first sentence of paragraph 1 may only be used after the driving licence has been extinguisher.

1.

the person concerned and

2.

the driving licence authorities for verification in the procedure for the re-allocation or extension of a driving licence

(3) In so far as the local driving licence registers contain decisions which are also to be entered in the register of driving licences, the deletion shall apply mutationally to the deletion of § 29. Paragraph 1 shall apply to the deletion of the rest of the data. (4) Without prejudice to paragraphs 1 to 3, the data stored in the Central Driving Licenation Register and the local driving licence registers shall be completed with the completion of the 110. The life year of the person concerned. Unofficial table of contents

Section 62 Register of the Federal Armed Forces ' Service Licences

(1) The Central Military Power Station shall keep a central register of the service licences issued and issued by the services of the Bundeswehr. In the register, the data may also be stored which may be stored in the local driving licence registers. (2) In the central driving licence register at the Kraftfahrt-Bundesamt, only the data referred to in § 50 (1) No. 1 shall be stored. The fact of existence of a service licence with the respective class and the date of the commencement and expiry of a trial period as well as the driver's licence number are stored. (3) The one in the central register of the Central Military Power Centre and the in the Central driving licence registers at the Federal Office of the Federal Office of the Federal Republic of Germany (Bundesamt) are Delete the expiry of a year since the end of the conscription of the person concerned (Section 3 (3) and (4) of the German Military Law). (4) The provisions of this section, with the exception of § § 53 and 56, are applicable in the appropriate way. By means of a legal regulation pursuant to § 63 (1) no. 9, derogations from the provisions of this section may be permitted, insofar as this is necessary for the fulfilment of the public tasks. Unofficial table of contents

Section 63 Erpowerfoundations, Implementing Regulations

The Federal Ministry of Transport and Digital Infrastructure is authorized to issue legal regulations with the consent of the Federal Council

1.

on the transmission of the data by the manufacturer of driving licences to the Federal Motor Services Authority and the storage there pursuant to section 48 (3) sentence 4,

2.

the data which may be stored in the local and central driving licence registers in accordance with § 50 (1) (2) and (2) (2) (2) (2),

3.

on the nature and extent of the data to be transmitted in accordance with § § 52 and 55, as well as the determination of the recipients and the business route in the case of transfers in accordance with § 55,

4.

on the nature and extent of the data to be transmitted, the measures taken to safeguard against abuse and the further records of retrieval in the automated procedure in accordance with § 53,

5.

on the nature and extent of the data to be transmitted and on the measures taken to safeguard against abuse in accordance with § 54,

6.

about which data may be transmitted by retrieval in the automated procedure according to § 56,

7.

on the determination of which foreign public authorities are authorised to call in the automated procedure pursuant to Section 56,

8.

on proof of identity in the case of information in accordance with § 58 and

9.

on special provisions for the Federal Armed Forces ' s driving licence registers pursuant to § 62 (4) sentence 2.

VII.
Common rules, transitional provisions

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Section 64 Common provisions

(1) The reporting authorities shall have the power-travel federal office at the time of the change of the birth name or the first name of a person who is the 14. In addition to the previous name, the following additional data shall be transmitted for the purpose specified in the second sentence of sentence 2:

1.

birth name,

2.

Family name,

3.

First names,

4.

Day of birth,

5.

Birthplace,

6.

Gender,

7.

the name of the authority which has led to the change of name in the reporting register, and

8.

Date and reference number of the act on which the text is based.

Where the register of driving licences or the central driving licence register contains a registration of that person, the new name shall be recorded at the time of the registration. A notification in accordance with the first sentence may be used only for the purpose referred to in sentence 2. If the registers do not contain any registration of this person, the Federal Office of the Federal Motor Vehicle Office shall immediately destroy the notification. (2) Without prejudice to other provisions of national law, the registration of motor vehicles may be carried out by national law. the authorities responsible for reporting are transferred, unless a new mark has to be issued or if the technical data of the vehicle do not change. Unofficial table of contents

Section 65 Transitional provisions

(1) By way of derogation from the second sentence of Article 2 (9), sentence 2 to 4, register information, management certificates, expert opinions and health certificates which are already in the file on 1 January 1999 need not be destroyed until the driving licence authority has been issued. This is a matter of course. However, a review of the files must be carried out at the latest by 1 January 2014. In place of the destruction of the documents, the data contained therein must be blocked if the destruction is not possible, or is only possible with a disproportionate effort, due to the special nature of the management of the files. (2) A local driving licence register (§ 48 para. 1) may not be carried out as soon as

1.

its data collection with the data referred to in § 50 (1) has been transferred to the Central Driving Licenciation Register,

2.

the measures taken by the driving licence authority in accordance with section 2a (2) and section 4 (5) have been taken over into the travel register and

3.

the driving licence authority may be informed of the data which it is permitted to communicate from the central registers in accordance with section 30 (1) (3) and (52) (1) (3)) by means of retrieval in the automated procedure.

The driving licence authorities shall delete from their local driving licence register no later than 31 December 2014 the data stored in the Central Driving Licenation Register, after they become clear from the completeness and correctness of the data entered into the central driving licence register. Driving licence registers have won over the entries. The data of the driving licence authorities which have not yet been stored in the Central Driving Licenciation Register are stored in the local register until they are taken over. Measures taken by the driving licence authority in accordance with Section 2a (2), first sentence, no. 1 and 2 and § 4 (5), first sentence, No. 1 and No. 2 shall not be stored in the travel registration register until storage in the local driving licence register is no longer carried out. (2a) Paragraph 2 shall not apply to the data which have been stored in local driving licence registers before 1 January 1999. (3) The rules on the central register of traffic and the point system shall be introduced into the rules on the Driving suitability register and the travel suitability assessment system shall be transferred in accordance with the following measures:

1.

decisions which have been stored in the traffic control register in accordance with Section 28 (3) in the version applicable until the end of 30 April 2014 and which would no longer be stored in accordance with § 28 (3) in the version applicable from 1 May 2014, will be deleted on 1 May 2014. In order to determine whether a decision under Section 28 (3) would not be saved in the version applicable from 1 May 2014, the amount of the fine fixed shall be disregarded.

2.

Decisions taken pursuant to § 28 (3) in the version applicable until the end of April 30, 2014 in the Traffic Central Register and are not covered by point 1 shall be taken until the end of 30 April 2019 in accordance with the provisions of § 29 in the version applicable until the end of 30 April 2014, and deleted. In accordance with § 29 (6) sentence 2 in the version applicable up to the end of April 30, 2014, a sequence inhibition may not be triggered by decisions which are only stored in the travel register register as of 1 May 2014. In the case of decisions on the offence of administrative offences in accordance with § 24a, the first sentence shall apply, subject to the proviso that they are to be redeemed at the latest five years after the decision has been legal. From 1 May 2019

a)

for the calculation of the repayment period § 29 (1) to (5) in the version applicable from 1 May 2014, with the proviso that the repayment period which has elapsed since the first sentence of sentence 1 shall be credited,

b)

for the deletion of § 29, paragraph 6, in the version applicable from 1 May 2014.

3.

The law and the provisions adopted pursuant to Section 6 (1) (1) (s) shall apply to decisions which are to be taken until the end of 30 April 2014 and shall not be stored in the register of travel owners until 1 May 2014. Legal regulations to be applied in the version valid from 1 May 2014. § 28 (3) (3) (3) (a) (bb) and (28a) are to be applied in the version valid from 1 May 2014, with the proviso that the limit of forty euros shall apply in each case instead of the limit of sixty euros in place of the limit.

4.

Persons to whom one or more decisions pursuant to § 28 (3) sentence 1 (1) (1) to (3) of the version applicable until the end of 30 April 2014 have been filed in the Central Transport Register by the end of the 30 April 2014 shall be as follows: into the driving suitability assessment system:

Point level before the 1 May 2014Driving suitability assessment system from 1 May 2014 Point Level Level

1-3	1	Note (Section 4 (4))
4-5	2
6-7	3
8-10	4	1: Warning (Section 4 (5), first sentence, point 1)
11-13	5
14-15	6	2: Warning (Section 4 (5), first sentence, point 2)
16-17	7
> = 18	8	3: withdrawal (Section 4 (5), first sentence, point 3)

The level reached on 1 May 2014 shall be used for measures taken on the basis of the driving suitability assessment system. The classification in accordance with the first sentence shall not result in any measure taken on the basis of the fitness assessment system.

5.

The regulations on points deductions and postgraduate seminars are transferred as follows:

a)

Point deductions in accordance with § 4 (4) sentences 1 and 2 in the version applicable until the end of the 30 April 2014 are to be made if the certificate of participation in a postgraduate seminar or a transport psychological consultation to the end of the 30. The competent authority has been submitted to the competent authority in accordance with national law. Points deductions in accordance with § 4 (4) sentence 1 and 2 in the version applicable until the end of the 30 April 2014 remain valid until the repayment of the last registration due to a criminal offence or an administrative offence in accordance with § 28 paragraph 3 number 1 to 3 in the up to the Expiry date of 30 April 2014 applicable, but not later than 10 years from 1 May 2014, stored in the Travel Suitability Register.

b)

In the calculation of the five-year period pursuant to § 4 (7) sentences 2 and 3, points deductions must also be taken into account, which have been made in accordance with § 4 (4) sentences 1 and 2 in the version applicable until the end of 30 April 2014.

c)

Building seminars, which are arranged in the version applicable until the end of April 30, 2014, in the version applicable until the end of April 30, 2014, but have not been completed by the end of April 30, 2014, but are not completed until the end of April 30, 2014, until the end of the period of 30 April 2014. of 30 November 2014, in accordance with the law applicable until the end of 30 April 2014.

d)

By way of derogation from point (c), it may be possible to replace postgraduate seminars, which shall be applicable until 30 April 2014 pursuant to Article 4 (3), first sentence, point 2, in the version applicable to the end of 30 April 2014, but until 30 April 2014, have not been started, the traffic-educational part of the training seminar will be completed.

e)

The competent authority in accordance with the law of the country shall immediately inform the Federal Motor Transport Authority of its participation in a postgraduate seminar or a traffic-psychological consultation.

6.

Subsequent changes in the score referred to in points 2 or 5 shall result in an update of the stage reached in accordance with the table to point 4 in the travel suitability assessment system.

7.

If a driving licence has been withdrawn in accordance with Section 4 (7) in the version applicable until 30 April 2014, Section 4 (3) sentences 1 to 3 shall not be applicable to the granting of a new driving licence.

(4) § 4 (7) shall not apply at the end of 30 April 2020 with the proviso that a certificate of attendance for a fitness seminar commenced at the latest on the above-mentioned date, nor within the limits laid down in Article 4 (7) (1) may be submitted in accordance with the legal sequence laid down in Article 4 (7). Unofficial table of contents

Section 66 Announcement of legal regulations

Legal regulations may be announced in the Federal Gazette by way of derogation from § 2 (1) of the German Federal Gazette (German Federal Gazette). Unofficial table of contents

Annex (to § 24a)

(Fundstelle: BGBl. I 2007, 1045)



List of intoxing agents and substances Medium-sized substances

Cannabis	Tetrahydrocannabinol (THC)
Heroin	Morphine
Morphine	Morphine
Cocaine	Cocaine
Cocaine	Benzoylecgonine
Amfetamine	Amfetamine
Designer-Amfetamine	Methylenedioxyamfetamine (MDA)
Designer-Amfetamine	Methylenedioxyethylamfetamine (MDE)
Designer-Amfetamine	Methylenedioxymetamfetamine (MDMA)
Metamfetamine	Metamfetamine

Unofficial table of contents

Annex EV Excerpt from EinigVtr Annex I, Chapter XI, Area B, Section III
(BGBl. II 1990, 889, 1099)
-measures in respect of the territory which has been acceded (Art. 3 Unification)-

Section III
Federal law shall enter into force in the territory referred to in Article 3 of the Treaty, with the following measures:

1.

Road Traffic Act in the revised version published in the Federal Law Gazette, Part III, No. 9231-1, as last amended by the Law of 28 January 1987 (BGBl. 486), with the following measures:

a)

§ 24a shall not apply until 31 December 1992.

b)

In the case of authorisations granted under the law of the German Democratic Republic, the local register of vehicles may be registered by the authorities responsible for the authorisation, subject to the appropriate application of § 31 (1), § 32 to 35, 37 to 47 of the Road Traffic Act as well as § § 1 to 3, 5, 8 and 15 of the Vehicle Registration Ordinance of 20. October 1987 (BGBl. 2305) are to be continued until 31 December 1993.

c)

According to the law of the German Democratic Republic, authorisations may be sent to the Central Vehicle Register and there, under the appropriate application of § 31 (2), § 32 to 47 of the Road Traffic Act and § § 4, 5, 12 Section 1, § § 13 to 15, 17 of the Vehicle Registration Ordinance shall be processed until 31 December 1993.

d)

The provisions of the Road Traffic Act and the Vehicle Registration Ordinance, which refer to the insurance label, apply only from 1 January 1991; § 34 (5) sentence 2 shall not apply until 1 March 1991.

e)

The Federal Minister of Transport shall, after hearing the competent supreme state authorities, determine by means of a regulation without the consent of the Federal Council, the determination of the distinguishing signs of the administrative districts and of the identification numbers in accordance with § 23 (1) (a). 2 of the road traffic approval order for the territory referred to in Article 3 of the Treaty. The authorisation shall be limited to 31 December 1991.

f)

The Kraftfahrt-Bundesamt shall be allowed to register the existing central driving licence register for the territory referred to in Article 3 of the Treaty with the appropriate application of § § 29 to 30a of the Road Traffic Act as well as § § 13a to 13d of the German Road Traffic Act. Road traffic permit order until a legal regulation on the transfer to the traffic control register.

g)

The tasks of the medical-psychological investigative bodies can be carried out by the transport medical service of the German Democratic Republic until 31 December 1991.

h)

In the case of measures taken in accordance with the rules on driving licences to be tested, the provisions of Section 24a of the Road Traffic Act shall be replaced by the relevant rules applicable in the area referred to in Article 3 of the Treaty.

i)

§ § 7 to 20 of the Road Traffic Act shall apply only to such damage events which have occurred after the effective date of accession.

...