authorities will in future have to expect different. Points in the fitness to drive, register to be repaid after a specific period of time (2.5 years / 5 years / 10 years) . After a subsequent “opposite” period is a year, they will be permanently deleted !
The consideration of level points played a role, if they were at the time of the crime point is still valid, in the arrangement of the sentence already expired. Not an uncommon phenomenon, can take penalty proceedings, but over a longer period of time. Individual authorities and courts evaluated, in the meantime, expired points, therefore, but against the traffic offenders.
disqualification
Now, the Federal administration report to the issue involved, when and what entries are still utilized may be, when it comes to the withdrawal of a driving licence due to the attainment of the 8-point limit, and found:
The cancellation of a registration in the fitness to drive the register, a year after the eradication of maturity (the so-called opposite period of time), also in the cases in which the time of the deletion, but after the relevant Day, but before you Take a measure, the consequence that such registration shall not be to the detriment of the Affected recovered. About the experts
lawyer Michael Winter studied law in Tübingen and, since 1989, traffic law operates. As a lecturer at the dual University of Baden-Württemberg, conveys his experience in the scientific field. He founded the company “WHW Seminar & Service” made since 2001 through interactive seminars, a four-digit number of traffic participants under the company motto: “Knowledge can Help further” in the areas of “road safety and traffic law”. Since the beginning of the diesel scandals Winter complains, also, together with his partners against several German automotive manufacturers.Click here for the FOCUS Online experts world
What that means now – and what had actually happened? The number after:
- A claimant had appealed against the withdrawal of his driving licence on the basis of the driving fitness assessment system (§ 4 StVG).
- With the Commission of a further legally punished traffic offense on 19.07.2015 were with him 8 points in the fitness to drive the register.
- 8 points or more shall be Affected in accordance with § § 4, Abs. 5, sentence 1, No. 3 StVG as unfit to drive motor vehicles.
- Therefore, the defendant – i.e., the competent driver’s license office of the city or of the district deprived him, with the decision of 24.11.2016 the licence.
His lawsuit, the administrative court of München rejected, and said the licence withdrawal was, therefore, unlawful, because the entries adversities with a total of 4 points to be evaluated properly at the time of the decision to delete the decree already had been. Red wave, provoked traffic jams: car club chief of transport policy, FOCUS Online rips Red wave, provoked traffic jams: car club chief of traffic policy
According to § 4 Abs tears. 5 set of 5 StVG, was off for the score on the relevant Day; here is the 19.07.2015. To this date, these entries have not been repaid yet.
to the Deleted points must not
to be considered, The appeal by the plaintiff at the VGH Munich, however, had success. The first-instance verdict was modified in respect of the licence revocation and the notice to that extent repealed.
Derr VGH was of the opinion that the defendant had taken into account in the adoption of the administrative order, administrative offences, to the plaintiff pursuant to § 29 Abs. 7, sentence 1 StVG not have this time due to its deletion to evaluate his fitness to drive and to use it to his disadvantage held may be. The BVerwG has the appeal judgment confirmed driver’s license valid indefinitely – what you now FOCUS Online/Glomex driver’s license need to know is no longer valid indefinitely – what are you now
need to know the opinion of the Supreme administrative judge, the prohibition of § engages 29, Para. 7, sentence 1 StVG also in the case of entries to points offences reinforced in the road traffic, the driving ability register not up to the according to § 4 Abs. 5 sentence 5 of the StVG the relevant Day, but to delete before Taking the measures provided for in accordance with the driving fitness assessment system.
Sufferers should calculate to verify exactly
According to § 29 Abs. 7, sentence 1 StVG has the cancellation of a registration, pursuant to § 29 Abs. 6, sentence 2 StVG after the expiry of the opposite period of one year after the occurrence of the repayment, maturity, an absolute prohibition on use to the result. This prohibition, the Federal administrative court, interferes with, and limits for the calculation of the score is according to § 4 Abs. 5, sentence 5 to 7 StVG relevant day principle. The corresponding points must be disregarded.
in the Future, so everyone, the withdrawal of the driving licence threatens because he has reached the points limit should be, just check how the driver’s license, these points place calculated!
