MPU and traffic education despite moving abroad
July 22, 2009 | 20,00 EUR | answered by Andreas Scholz
After being convicted of hit and run resulting in a 3-month driver's license suspension, I was ordered by the road traffic office to attend a traffic training course for point reduction and to undergo a MPU. The incident involved damaging a side mirror while driving. In 2004, I was also convicted for not providing information regarding a hit and run as a vehicle owner, which may explain the strict conditions.
At the time of the order by the road traffic office, I still had a residence in Germany. However, since January 1, 2009, I no longer reside in Germany but in Switzerland. I have not had my German driver's license since May 2008 due to exchanging it for a Swiss license, which the road traffic office is aware of.
My question now is: Do I have to attend a traffic training course in Germany and undergo a MPU? If not, should I expect a driving ban in Germany? I don't actually need my German driver's license, but I also don't want a driving ban in Germany.
Thank you for a quick and helpful response, as the traffic training course is scheduled to start tonight at 8:30 pm. Now I am unsure whether I should or must attend, or ignore the conditions.
Best regards, Karina Kubik
Dear questioner,
for your case, § 29 FeV applies. In order to be able to use your foreign driver's license in Germany, you must participate in the examination/training. This is stated in paragraphs 3 and 4 of the mentioned regulation, where the following is specified, with paragraph 3 no. 3 and 4 being particularly relevant to you:
§ 29
Paragraph (1)
Holders of a foreign driver's license may drive motor vehicles in the country to the extent of their authorization, if they do not have a regular place of residence here according to § 7.
(...)
Paragraph (2)
(...)
Paragraph (3) The authorization under paragraph 1 does not apply to holders of foreign driver's licenses,
1.
(...)
2.
who had their regular place of residence in the country at the time of the issuance of the foreign license to drive motor vehicles of a state that is not a member state of the European Union or another contracting state of the Agreement on the European Economic Area,
2a.
(...)
3.
whose driver's license has been provisionally or definitively revoked in the country by a court or immediately enforceable or legally binding by an administrative authority, whose driver's license has been legally denied or whose driver's license has not been revoked only because they have meanwhile renounced the license,
4.
who may not be issued a driver's license due to a legally binding court decision or
5.
as long as they are subject to a driving ban in the country, in the state that issued the driver's license, or in the state in which they have their regular place of residence, or the driver's license has been seized, secured, or taken into custody according to § 94 of the Code of Criminal Procedure.
In cases of paragraph 1 no. 2, 2a, and 3, the authority may issue an administrative act determining the lack of authorization. (...)
Paragraph (4)
(4) The right to use a foreign driver's license in the country after one of the decisions mentioned in paragraph 3 no. 3 and 4 has been revoked will be granted upon request if the reasons for revocation no longer exist.
If you have successfully completed the examination/training, you can submit an application under § 29 paragraph 4 to the competent driver's license authority. You will then be informed that you are allowed to drive motor vehicles in traffic in Germany with your Swiss driver's license.
I hope I have been able to help you further.
Kind regards,
Andreas Scholz, Attorney
