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Judges attack driving ban for petty crime

A German government plan to punish minor criminals by banning them from driving was on Friday met with criticism from judges for being unconstitutional.

Published: 22 November 2013 10:54 CET

Judges attack driving ban for petty crime

The government plan would see minor criminals lose their driving licence for non-driving related crimes. Photo: DPA

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Angela Merkel's Union and main opposition party the Social Democrats decided they would look into bringing in an unusual punishment for crimes such as theft – taking away a person's driving licence for a set period.

The agreement came up in coalition talks which are set to be finalized in the next week. But the German association of judges (DRB) voiced concerns that such a move would not be in line with the country's constitution which states that everyone is equal in the eyes of the law. Giving an additional punishment to criminals who have a driving licence would appear to contradict that.

“If not everyone can undertake a punishment because not everyone has a driving licence, then we are no longer all equal under the eyes of the law,” Stefan Caspari, from the DRB's penal law committee told the Münchner Merkur.

Caspari also said it would be hard to check that people were sticking to their punishment. If a person is fined by a court, making sure they pay it is a lot easier.

The idea has been under discussion in by Chancellor Angela Merkel’s conservative bloc for a while. At the moment a driving ban can only be handed out when a person has committed a driving related crime.

READ MORE: Toll for foreign drivers in Germany 'fine under EU law'

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What you should do if you lose your driver's licence in Germany

Losing an important document can be a nightmare scenario for foreigners in Germany – especially if it’s the one you rely on to get around. So if you search for your driver’s licence one day and suddenly realise it’s missing, you may feel the urge to panic.

Luckily, there’s a two-step process to follow to get a replacement and ensure nobody else can misuse your licence in the meantime. However, German law requires you to act quickly.

Call the lost and found and/or file a police report

If your driver’s licence is lost or stolen in Germany, you’re required to let the police know as soon as possible. You can do this at any police station in Germany.

There may be one place you should try first though before going straight to the police.

If you think your licence may simply have been misplaced, rather than stolen, you can call your local Fundbüro – which deals with lost property – to see if someone has returned it. Many of these are at local city halls, while many public transport companies have their own. Deutsche Bahn also runs one of these for things that are lost on long-distance trains in Germany.

If you still can’t find it, whether you’ve lost your licence or it’s been stolen, you’re required to file a police report.

Once you’ve filed the report, the police will give you a confirmation letter. You can use this to apply for a replacement licence.

READ ALSO: How to get a German driver’s licence as a third-country national

Get in touch with the traffic office

Once you’ve filed a police report, you’ll need to get in touch with your local Fahrerlaubnisbehörde – or “traffic licencing authority” – to get a replacement licence. In Berlin, for example, you can go online and book an appointment for this.

You’ll need to bring a few documents with for your appointment to get a replacement licence. These include a biometric passport photo, the loss or theft report from the police, and a piece of legal ID. You’ll also need to pay a fee – which can vary depending on your local authority.

READ ALSO: What you should do if you lose your residence permit in Germany

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