Driving without a license: this is not a trivial offense!
Driving without a license? That is forbidden!
Young drivers are mostly proud of their license. The small plastic card clearly proves that they are allowed to drive a particular motor vehicle on the roads. In memory of past times, in which the driving license still from a large format paper booklet the term "rag" has become established in Germany.
But only a fine or more threatens if you drive without a license? What is the difference between Driving license and driving permit and driving without a license has consequences in Flensburg? Answers can be found in the following article.
FAQ: Driving without a license
According to § 4 paragraph 2 of the Driving License Ordinance (FeV), motorists must be able to show a valid driver’s license every time they drive. If you are caught without the document during a police check, you are committing an administrative offense and must expect a warning fine of 10 euros.
No, this is a criminal offense. If you do not have a driver’s license, you are not allowed to drive a motor vehicle on the road.
According to § 21 of the Road Traffic Act (StVG), driving without a license is punishable by a fine or imprisonment of up to one year.
"Danger without a driver’s license" often has three different meanings to the ottonormal consumer:
- The driver’s license document not carried
- Dangers, although the license temporarily withdrawn was (driving ban)
- Without a driver’s license driven
More information about driving without a license
However, traffic law evaluates these three meanings as different offenses. The corresponding punishments differ extremely and range from a 10-euro warning fine to imprisonment. Depending on the circumstance, driving without a valid driver’s license is a Traffic offense, not Misdemeanor.
This guide goes into these three offences and explains the consequences for the driver in each case. Additional knowledge, tips and information about the "rag" and the driver’s license can also be found in this article.
Driven without a driver’s license document Driving license forgotten at home?
During a general traffic control, police officers usually always want to take a look at your driver’s license and vehicle documents. You have driven according to § 4 paragraph 2 of the driver’s license regulation (FeV) are obliged to carry your "Lappen" with you:
The driver’s license must be carried when driving a motor vehicle and must be handed over to the responsible persons for examination upon request.
If you do not present your driver’s license at a police checkpoint, you may be threatened with a traffic fine, according to the catalog of fines 2022 a fine of 10 euro. Please note that the officials want to see the original document – copies are not sufficient.
Driving a car without a driver’s license will earn you a manageable fine a.
Some lawyers advise to keep the "rag" basically not to carry. But why? If the officers find that you do not have the document with you, you will be charged with an small fine to.
However, police officers are permitted to surrender the ticket to a strong suspicion for drugs (for example, because your eyes are red, etc.).) confiscate. You will not get it back until the blood test turns out negative. The examination does not take rarely several weeks during this time you have to give up your car – no matter if you are guilty or not.
But here the motto is: "What is not there, cannot be taken away". If you do not carry your driving license document with you, it can be not immediately confiscated will be. For confiscation in this case, another step is necessary: The Public prosecutor’s office would have to authorize an inclusion. This will save you some time.
Driving a car despite a driving ban
driving in spite of a driving ban? penalties follow.
The penalty for driving a car in case of a driving ban turns out to be much more severe than a fine of 10 Euro. A driving ban will be imposed for one, two or three months in consequence of serious violations imposed. In principle, the following applies: offenses that are punishable by a fine according to the 2022 fine catalog at least 2 points punished, have a driving ban as a consequence. These include:
- Alcohol and drug offences
- Qualified red light violations
- Gross speeding
You will find that this penalty is particularly severe in the case of violations that affect road traffic and its participants endanger. Here the traffic educational Intention of the traffic law. When you are banned from driving, you must return your driver’s license document to the relevant authority hand in.
In terms of driving without a license, the penalty in this context therefore goes beyond a fine. This offense is called Criminal offense according to § 21 paragraph 1 of the Road Traffic Act (StVG) evaluated.
So you are threatened with a imprisonment of up to one year or a corresponding Fines. It is therefore not a trivial offense!
What is actually the Difference between felonies and misdemeanors?
The emphasis that driving without a license is a traffic offense becomes significant only when the distinction between it and a misdemeanor becomes clear. Ordnungdswrigkeiten are recorded in the Ordnungwidrigkeitengesetz, they are usually Fine punished. Traffic offenses, on the other hand, represent a particular danger to road traffic and others. You will be much stricter punished. If the violation is deemed a crime, you are subsequently previously convicted!
If an offense is both a felony and a misdemeanor, the punishment according to Penal Code priority. The violation may not twice punished (once as a misdemeanor, once as a felony).
Note that the driving ban usually all motor vehicles of road traffic is concerned – even those who driver’s license free be allowed to drive! In the driving ban, you are therefore also not allowed to drive a moped or driver’s license-free car.
However, depending on the individual case, the authorities are free to impose a issue a replacement driver’s license, with which you are allowed to drive certain vehicles. So it can also happen that a driving ban for example for truck and car valid, but you still have to light motorcycles be allowed to participate in road traffic.
In a few cases, the penalty can also be reduced by an higher fine compensate. However, this is only possible with the help of a Lawyer possible and also only takes effect if the surrender of the driver’s license for you threatening your existence is.
driving without a license: the penalty is high
How is this offense different from driving without a license document?? The terms "driving license and driving permit" are often used synonymously. A fine, but significant difference separates the two, however, from each other. In the Traffic law the distinction is of great relevance.
Driving license document and driving permit
The penalty for "driving without a license" is decided on a case-by-case basis.
Simply put, the term driving while intoxicated refers to the general authorization, driving a motor vehicle in road traffic. This permission is bound to certain Conditions linked. For example, you will only receive it if your Main residence is located in Germany and you have passed an eye test.
The driving license on the other hand is Document, on which this authorization is noted. In addition, the driver’s license document contains specific Restrictions and requirements to drive the motor vehicle. For example, it states whether you need glasses to drive a vehicle. If you sit behind the wheel without one, the following will follow Penalties.
In the case of a driving ban, the document is confiscated: you are not allowed to drive, but in no way do you lose your general permission. The latter is for the period of one, two or three months only suspended. However, in the case of driver’s license revocation it looks different.
Driving without a valid driver’s license: The penalty is imprisonment!
Driving a vehicle without a driver’s license is possible in two scenarios. Either you have the driving license never acquired, or it has been withdrawn from you.
You obtain the driving license in which you have Driving test of the driving school exist. With this you prove that you meet the requirements and are able to drive a vehicle sure maneuver in road traffic. So without taking a test you get no driving license.
The driving license is then issued and serves as proof.
Driven without a license? For this threaten penalties.
However, you can also apply for the driver’s license at a later date lose. Driving a motor vehicle without a license during a driving ban can result in, among other things. Even if you 8 points on the Flensburg account accumulated, the driving license will be revoked. Particularly serious offenses such as failure to render assistance or driving in the Intoxication can also lead to the withdrawal of the authorization.
When you lose your driver’s license, you lose all classes of driver’s license for at least six months. However, the ban can also longer last. Only after that you are allowed to apply for a new one. But what about in the meantime? What is the penalty for driving without a license??
This is a criminal offence in law – also here the § 21 StVG. Therefore, either a prison sentence of up to one year or a fine follows.
What is allowed to drive without a driver’s license?
Not everyone wants to make a license. Other drivers have had their driver’s license revoked. In these cases, nevertheless, on Road traffic participated in. However, this only applies to few motor vehicles.
These exceptions are defined in § 4 paragraph 1 of the FeV. You may drive the following vehicles without a driver’s license – without risking a fine:
- bicycles with auxiliary motor and mopeds. Here, however, the condition applies that the vehicle can reach a maximum speed of 25 km/h due to its construction. In addition, the bike must be single-seated – however, a child seat may be additionally attached.
- Mobility aids. A two-lane motor vehicle is considered a mobility aid if it is not wider than 70 cm, has a platform as a standing area for the driver, has a holding bar with which the driver can brake, accelerate and steer by shifting the center of gravity, has an energy reserve indicator and has the appropriate guidelines (See also § 1 paragraph 1 of the Mobility Aid Ordinance). In addition, the motor vehicle must be electrically powered and reach a speed of no more than 20 km/h.
- motorized ambulance. According to the FeV, these are "single-seater motor vehicles designed for use by physically disabled persons with electric drive, an unladen mass of no more than 300 kg including batteries but without a driver, a maximum permissible mass of no more than 500 kg, a maximum design speed of no more than 15 km/h and an overall width of no more than 110 cm".
- Tractors, intended for agricultural and forestry purposes (maximum design speed: 6 km/h)
- Self-propelled machines, Forklift as well as others Industrial trucks (maximum design speed: 6 km/h)
Consider: These motor vehicles may driving without a license – If, on the other hand, a driving ban is in place, this could also be prohibited its. It is up to the discretion of the judge whether the ban for all motor vehicles in road traffic applies. He may limit the ban to certain classes. This usually happens when you justify the need to be mobile. A Lawyer offers great help in these cases.
Always threatens the same punishment for driving without a license?
Driving without a license? The police do not take a joke!
Moving a motor vehicle on the road without a driving license, you make a danger for other road users dar.
Either you never had a driving license and consequently never learned to move appropriately in traffic; or you lost the license due to serious and dangerous violations.
This is why the penalty for driving a vehicle without the appropriate permit is so high. But how does it look if the driver of his mistake not consciously was?
This circumstance is likely to occur only rarely – for example, if the duration of the prohibition period misunderstood was or the person concerned did not know that he or she was in driving ban no motor vehicle at all is allowed to drive.
In these cases the law uses the term negligence. In most cases, the penalties for negligent acts are less than for intentional acts. So also in the case of driving without a license. Pursuant to Section 21 (2) FeV, negligence carries a penalty of imprisonment of up to six months or alternatively a fine. This may however maximally 180 daily penalty amount.
The same punishment threatens drivers whose driving license document to For evidentiary purposes has been seized or impounded.
Driver or owner?
Driving without a license is punishable.
Not only the driver is threatened with penalties when driving without a license. Vehicle owner, who knowingly put your motor vehicle in the hands of drivers who do not have a valid license to drive, remain not unpunished. It is irrelevant whether the use of the car only allow or even order.
The holder threatens exactly the same punishment as the driver: a maximum of one year imprisonment or a corresponding fine. As a car owner you are responsible for the use of your car responsible: Also here ignorance does not protect before punishment. If you do not know that the driver does not have a valid document, a maximum of six months imprisonment or a fine, which is a maximum of 180 daily rates, will follow. Also in this case thus the Negligence regulation.
traffic law, the responsible authorities have a choice of possible penalties at hand to prevent drivers without a license from driving motor vehicles in road traffic. Thereby enough clearance remains, in order to adapt the respective punishment to the individual case adjust.