Citation

Lohkamp L. Blutalkohol 2003; 40(3): 208-219.

Affiliation

Rechtsanwalt, 33615 Bielefeld, Germany.

Copyright

(Copyright © 2003, International Committee on Alcohol, Drugs and Traffic Safety and Bund gegen Alkohol und Drogen im Straßenverkehr, Publisher Steintor Verlag)

DOI

unavailable

PMID

unavailable

Abstract

For more than a decade breath alcohol controlled vehicle immobilisers, so called Interlocks have been used in parts of the USA and Canada for drivers convicted of driving under the influence of alcohol, in order to improve road safety. The author describes the development in this area, leading up to the granting of a 'General Operation Permission' ("Allgemeine Betriebserlaubnis") for the 'Drager Interlock' by the German road traffic authority ("Kraftfahrtbundesamt") on 18. 12. 2001 and deals with the question of legal prospects of the use of Interlocks in Germany. He reaches the conclusion that an administrative authority in charge of withdrawal and (re-)granting of driving licenses should be authorised to request the installation of an Interlock, even under current law. With regard to future he is in favour of maintaining, under certain circumstances the administrative authority's exclusive responsibility. These would be: the legislators empowering the administrative authorities to inform drivers fully about the withdrawal of their driving licences; if required to commence with procedures for driving ability tests and / or expert opinions; as well as, in cases of diminished driving ability to grant a restricted driving licence after expiry of the respective minimum ban period. Furthermore, the author considers the question of the administrative authorities being given the option, in cases of punishable offences (according to (section) 24a I no. 1 German Road Traffic Act) to abstain from a driving ban (according to (section) 25 I 2 German Road Traffic Act) in individual cases, if the offender is willing to have an Interlock installed and agrees with its necessary restrictions and stipulations.