SUSPENSION OF DRIVING LICENCE - AN ADMINISTRATIVE LEGAL PROBLEM

FAHRERLAUBNIS AUF BEWAEHRUNG - EIN PROBLEM DES VERWALTUNGSRECHTS

A DISCUSSION IS PRESENTED ON WHETHER THE WITHDRAWAL OF A DRIVING LICENCE AND SUSPENSION OF THE LICENCE UNDER PROBATION IS A JUDICIAL PROBLEM OR WHETHER THE RESPONSIBILITY FOR THIS MEASURE SHOULD LIE WITH THE COURTS OR WITH THE ADMINISTRATIVE OFFICIALS. FROM AN EXAMINATION OF EXISTING LEGAL REGULATIONS (UNLIMITED, LIMITED DRIVING LICENCES, INITIAL ISSUING OF LICENCE, RE-ISSUING WITH CONDITIONS, E.G. FURTHER TRAINING) THE AUTHOR COMES TO THE CONCLUSION THAT THE COURTS, WHICH HITHERTO COULD ONLY WITHDRAW A LICENCE OR BY REFERENCE TO THE ISSUING AUTHORITIES COULD PLACE LIMITATIONS ON A LICENCE, SHOULD ALSO BE CAPABLE OF ISSUING A LICENCE SO THAT IN EFFECT PLACING A DRIVER ON PROBATION WOULD AMOUNT TO ISSUING A DRIVING LICENCE.

Language

  • German

Media Info

  • Pagination: 313-20
  • Serial:

Subject/Index Terms

Filing Info

  • Accession Number: 01289022
  • Record Type: Publication
  • Source Agency: Bundesanstalt für Straßenwesen (BASt)
  • Files: ITRD
  • Created Date: Nov 21 2010 1:35AM