Driving license authorities in Bavaria cannot impose a driving ban on vehicles that do not require a driving license, such as bicycles or standing electric scooters. The Bavarian Administrative Court has ruled that this is based on the current legal situation. The Free State of Bavaria, which was unsuccessful in these proceedings, has the option to appeal to the Federal Administrative Court against this judgment.
According to nationwide driving license regulations, authorities can prohibit driving vehicles if someone is deemed unsuitable, particularly if they are driving under the influence of alcohol or drugs. However, it was disputed under which conditions driving vehicles that do not require a driving license can be prohibited. The recent court case involved a man whose driving license was revoked after drunk driving. His license was not reissued as he refused to provide a medical and psychological report. The man was later caught driving a three-wheeled moped with a high blood alcohol level.
In October 2021, the district office prohibited the man from driving motor vehicles without a license on public roads, but non-motorized vehicles were excluded from the decision. The man appealed this decision, and the Augsburg Administrative Court rejected his lawsuit. They stated that vehicles without a license pose sufficient risk to apply the provisions of the Driving License Ordinance (FeV) if there are indications that the driver is unsuitable. The court considered the man’s previous drunk driving cases as evidence.
The plaintiff then appealed to the Bavarian Administrative Court, arguing that the potential danger of vehicles that do not require a permit had not been adequately examined. The court ruled that the standards for motor vehicles cannot be transferred to bicycles or electric standing scooters due to the different risk potential and various factors such as size, weight, driving characteristics, and driving speed. Paragraph 3 of the FeV, which deals with the restriction and withdrawal of driving licenses, was found to violate principles of democracy and the rule of law. The court stated that the regulation does not sufficiently specify when a person is unsuitable for driving vehicles that do not require a driving license and how this can be determined.
The judges highlighted that the absence of legal standards could lead to disproportionate bans, which would infringe on mobility and impact those affected. They argued that driving bans on such vehicles constitute a significant encroachment on freedom of action, a constitutionally protected right.
Overall, the decision by the Bavarian Administrative Court emphasizes that driving licenses authorities cannot impose driving bans on vehicles that do not require a license, highlighting the need for specific regulations and criteria in such cases.
