What actually happens when you have reached 8 points in the Flensburg driving aptitude register (FAER)?? Motorists must then be prepared for the revocation of their driving license. When the driver’s license is gone and what must precede the measure, you read here.
Before 8 points are reached, the driver is admonished and warned
Since the reform of the points system in 2014, the law stipulates that the driver’s license is revoked as soon as 8 points are entered in the account of a road user in the driving suitability register (until 2014: "central traffic register").
However, driver’s license revocation doesn’t come out of the blue:
- If you have accumulated 4 or 5 points in Flensburg, you will first be admonished.
- With up to 5 points there is the possibility to take part in a driving-skills training and thus reduce one point.
- From a con-to-stand of 6 or 7 points you will be warned again.
Tip: If you are unsure how many points you currently have in your driving record, you can find out by contacting the Federal Motor Transport Authority.
8 points in Flensburg: What happens then??
When 8 points have accumulated in the driving aptitude register, motorists can expect to receive mail from the driver’s license authority and be asked to surrender their driver’s license.
This is not a temporary driving ban, but the (for the time being) permanent revocation of the driver’s license, also referred to as a driver’s license suspension. You can find detailed info on this topic here.
It is important to the correct procedure has been followed: § 4 paragraph 6 of the Road Traffic Act (StVG) stipulates that the number of points is to be reduced to 7 again if the driver reaches 8 points but has not previously been admonished or warned.
If it comes thereby to temporal overlap, sometimes a court must decide whether the driving license withdrawal was justified. This was also the case in a case that the Federal Administrative Court (BVerwG) had to decide in 2017 (AZ 3 C 21.15):
- The driver in the concrete case had referred to the so-called act-day-principle.
- Already in March 2014, he committed the violation that made his punk-te-kon-to rise to 9.
- But it was not until January 2015 that he received a warning for scoring 7 points, followed a few weeks later by the suspension of his driver’s license.
- The stages of the measure-nah-men-ka-ta-log were not followed through properly, argued the driver.
However, the verdict here was to the disadvantage of the plaintiff: A revocation of the driver’s license from 8 points occurs even if this score already existed at the time of the warning, but was not yet known to the warning driving license authority, ruled the BVerwG.
The court referred to the "change of system" in force since 2014 on the part of the legislator: The Protection of road safety against multiple offenders has since taken precedence over the warning and educational function of the measure system.
8 points: Driving license gone forever?
If the driver’s license has been legally revoked due to the number of points in Flensburg, the driver does not automatically get it back after a certain period of time.
This does not necessarily mean that the driver’s license is gone for good – but as a rule, the for at least 6 months. At the earliest after the expiry of this legal ban period, motorists can apply to the driving license authority for a Application for reinstatement of driving license put.
Whether the request is granted depends on the exact circumstances. Often the Driving suitability checked, therefore the driver in such a case usually comes around a Medical-psychological examination (MPU) not around.