Citation

Grohmann P. Blutalkohol 2005; 42(2): 106-115.

Affiliation

31139 Hildesheim 116-119, Germany.

Copyright

(Copyright © 2005, International Committee on Alcohol, Drugs and Traffic Safety and Bund gegen Alkohol und Drogen im Straßenverkehr, Publisher Steintor Verlag)

DOI

unavailable

PMID

unavailable

Abstract

With binding effect on all national Courts of Justice the European Court of Justice decided the following: 1.) The driving licencing and criminal prosecution authority of any EU/EEA state must accept that the holder of a driving licence issued by another member state is a legal resident in that state, at the time of issuing. 2.) After a driving ban imposed by a German Criminal Judge as part of the withdrawal of driving licences lapses, the driving licence issued by a member state needs to be accepted. Within the German National Driving Licencing Law it is necessary that the decision with regard to 1.) be the cancellation of the current (section)28 sec.4 no. 2 FeV, which states the opposite and with regard to 2.) the corresponding amendment of (section)28 sec.4 no.3 FeV. In cases of serious doubt with regard to the issuing of foreign EU/EEA driving licences proceedings in case of an infringement of the agreement can be initiated according to Art. 227 EG. Under the above mentioned circumstances there could be an administrative disallowing of the legal status of the foreign driving licence by the German state or the revoking of the driving licence by the issuing state. This would mean a temporary relieving of driving licence tourism at the cost of road safety. The European Court of Justice decision does not affect permanent driving ban imposed by a German Criminal Court, driving licence withdrawals by German administration or licences from third countries. It is imperative that a central registration network be established, which would oblige member states to exchange information and data on drivers such as alcohol, drugs, aggressive behaviour of particularly dangerous participants in road traffic. Furthermore there is definite need for uniform standard within the EU/EEA as well as for reciprocal measures with regard to doubts of driver ability. If these needs are met then the demand for driving licence tourism should cease to exist.