Abgabe Des Führerscheins Bei Fahrverbot

Willkommen in Deutschland! Planning a trip to Germany, or already here? While enjoying the autobahns and scenic routes, it’s crucial to be aware of German traffic laws. This guide will help you understand the process of surrendering your driver's license (Führerschein) if you happen to receive a driving ban (Fahrverbot). While we hope this never happens to you, being informed can save you a lot of stress and potential legal trouble.
What is a Fahrverbot?
A Fahrverbot is a temporary driving ban in Germany. It means you are prohibited from operating any motor vehicle for a specific period. It's a more serious punishment than a simple fine (Bußgeld) and is often issued for more severe traffic violations.
Common reasons for receiving a Fahrverbot include:
- Speeding: Exceeding the speed limit by a significant margin, especially within city limits.
- Running a red light: Especially if it endangers other road users.
- Driving under the influence (DUI): Even with a relatively low blood alcohol content, especially if combined with other offenses.
- Aggressive driving: Tailgating, dangerous overtaking maneuvers, or causing accidents due to negligence.
- Accumulating points on your driving record: The German points system (Punkte in Flensburg) penalizes drivers for traffic violations. Accumulating a certain number of points can lead to a Fahrverbot.
Receiving Notification of a Fahrverbot
If you've committed a traffic violation that might result in a Fahrverbot, you will usually receive a notification from the authorities (Bußgeldbescheid). This document will detail the offense, the proposed fine, the number of points you will receive (if any), and whether a Fahrverbot is being considered. Pay close attention to the deadlines mentioned in this notification!
You have the right to appeal the Bußgeldbescheid within a specific timeframe (usually two weeks). If you believe you have a valid reason to challenge the charges, you should consult with a lawyer specializing in traffic law (Verkehrsrecht).
The Fahrverbot Order (Fahrverbot-Bescheid)
If your appeal is unsuccessful, or if you choose not to appeal, you will receive a formal Fahrverbot-Bescheid. This document officially orders the driving ban and specifies the following information:
- Your name and address
- The duration of the Fahrverbot (usually between one and three months)
- The date on which the Fahrverbot begins.
- The authority to which you must surrender your driver's license.
The Fahrverbot-Bescheid is a crucial document. Keep it in a safe place and read it carefully.
Where and When to Surrender Your Driver's License
The Fahrverbot-Bescheid will clearly state the specific authority to which you must surrender your driver's license. This is usually one of the following:
- The issuing driver's license authority (Führerscheinstelle): This is the office where you originally obtained your German driver's license (if you have one).
- The police department (Polizeidienststelle): Often, you can surrender your license at a local police station.
- The office that issued the Fahrverbot-Bescheid (Bußgeldstelle): Sometimes, the office that issued the fine and driving ban will also be responsible for receiving your license.
Important: You cannot drive at all after the Fahrverbot officially begins, even to drive to the office to surrender your license. Arrange alternative transportation.
Timing is everything. The rules vary slightly depending on whether you already hold a German driver’s license or not, and whether you have had a Fahrverbot in the last 2 years:
First Fahrverbot in Two Years, Holding a German Driver's License
If you are holding a German driver’s license, and it is the first Fahrverbot that you have received in the last two years, you have a specific grace period. You can choose when to start your Fahrverbot within a four-month window from the date you received the Fahrverbot-Bescheid. This means you have some flexibility to plan around your commitments. You must surrender your license before your chosen starting date.
First Fahrverbot in Two Years, Not Holding a German Driver's License
If you are not holding a German driver’s license, and it is the first Fahrverbot you have received in the last two years, you must surrender your foreign driver’s license immediately. The Fahrverbot begins immediately when you surrender the license. You do not have the four-month grace period.
Second or Subsequent Fahrverbot in Two Years
If it is the second (or more) Fahrverbot you have received in the last two years (regardless of whether or not you are holding a German driver's license), you must surrender your license immediately. The Fahrverbot begins immediately when you surrender the license. You do not have the four-month grace period.
Always check the specific instructions on your Fahrverbot-Bescheid as the exact procedures may vary slightly depending on the jurisdiction.
What to Bring When Surrendering Your License
When you go to surrender your driver's license, make sure to bring the following:
- Your driver's license (Führerschein)
- A copy of the Fahrverbot-Bescheid
- Your identification card or passport (Personalausweis or Reisepass)
It's always a good idea to call the office in advance to confirm their opening hours and any specific requirements.
Confirmation of Surrender
After you surrender your license, you will receive a confirmation document (Bescheinigung über die Abgabe des Führerscheins). Keep this document safe! It serves as proof that you have complied with the Fahrverbot order.
Getting Your Driver's License Back
At the end of the Fahrverbot period, you will need to retrieve your driver's license. The Fahrverbot-Bescheid will usually specify where you can pick it up. It's often the same office where you surrendered it. In some cases, your license might be mailed back to you automatically, but don't rely on this. It is your responsibility to collect your license.
To retrieve your license, you will likely need to present:
- Your confirmation of surrender (Bescheinigung über die Abgabe des Führerscheins)
- Your identification card or passport (Personalausweis or Reisepass)
Important: Do not drive until you have physically retrieved your driver's license.
Foreign Driver's Licenses
If you are driving in Germany on a foreign driver's license and receive a Fahrverbot, the process is slightly different. While your foreign driver's license will be confiscated, it does *not* invalidate your driving privileges in your home country. However, you are prohibited from driving in Germany during the Fahrverbot period. A note (Vermerk) will be entered into the German traffic register, preventing you from obtaining a German driver's license during the ban.
Your foreign driver's license will typically be returned to you after the Fahrverbot period has expired. The exact procedure for retrieval may vary, so inquire with the authority where you surrendered your license.
Consequences of Ignoring a Fahrverbot
Driving during a Fahrverbot is a criminal offense (Fahren ohne Fahrerlaubnis – driving without a license) and can result in serious consequences, including:
- A substantial fine
- A longer driving ban
- Imprisonment (in severe cases)
- Further points on your driving record
Do not, under any circumstances, drive during a Fahrverbot.
Preventing a Fahrverbot
The best way to deal with a Fahrverbot is to avoid getting one in the first place. Here are some tips:
- Obey speed limits: Pay close attention to speed limit signs, especially in urban areas.
- Drive defensively: Be aware of your surroundings and anticipate potential hazards.
- Never drink and drive: Even small amounts of alcohol can impair your judgment and reaction time.
- Avoid distractions: Put your phone away and focus on driving.
- Be aware of traffic laws: German traffic laws may differ from those in your home country. Take the time to familiarize yourself with them.
Seeking Legal Advice
If you receive a Fahrverbot and are unsure about the process, or if you believe you have been wrongly accused of a traffic violation, it is always a good idea to consult with a lawyer specializing in traffic law (Verkehrsrecht). They can advise you on your rights and options.
Conclusion
Understanding the process of surrendering your driver's license during a Fahrverbot is essential for anyone driving in Germany. While it may seem daunting, by following the instructions in this guide, you can ensure that you comply with the law and avoid further penalties. Remember, safety should always be your top priority on the road! We hope you have a pleasant and safe experience exploring Germany.
