Citation

Schock H. Blutalkohol 2005; 42(5): 354-366.

Affiliation

Schock, H., Institut fur die Gesamten Strafrechtswissenschaften, Lehrstuhl fur Strafrecht, Kriminologie, Jugendstrafrecht, Strafvollzug, Ludwig-Maximilians-Universitat Munchen, 80539 Munchen, 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

The purpose of legal substitution according to section 13 BtMG is stabilizing the health and social integration of heroin addicts, which does not justify any special treatment of substitution patients compared to other 'intoxicated' drivers as far as criminal law is concerned. However, this is not the case in terms of administrative offences and - with extreme caution - the judgement of driver aptitude. The substitution pharmaceuticals Methadon and Buprenorphin have to be handled like psychotropics and therefore do not fall within the terms of section 24a II StVG. The presumed lack of aptitude of substitution patients, which is fixed in the 'guidelines for the examination of driver aptitude' is appropriate as a rule because of frequent instable performance and adaptability. Exceptions to this rule however, are possible if there is a stable job-related and social integration and it is proven that the patient is not using other legal or illegal drugs. Depending on circumstances the driving licence can then be granted even before the usual required trial period of one year. In such cases a driving licence with special conditions according to section 2 paragraph 4 sentence 2 StVG should be used. The danger of avoiding the strict German National Driving Licensing Law by acquiring a foreign driving licence is lower with this group than it is with consumers of alcohol, cannabis or cocaine. At this point a European 'driving licence tourism' has to be prevented by teleological reduction of the guideline 91/439/EWG and - long term - by establishing a European driving licence register and a common driving licensing law.