Law on driving teachers (Fahrlehrergesetz-FahrlG)

Unofficial table of contents

FahrlG

Date of completion: 25.08.1969

Full quote:

" Fahrlehrergesetz vom 25. August 1969 (BGBl. I p. 1336), most recently by Article 2 of the Law of 28 August 2013 (BGBl. 3313). "

Status:

Last amended by Art. 2 G v. 28.8.2013 I 3313

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.10.1980 + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 EEC-GRL 51/92 (CELEX Nr: 392L0051)  G v. 24.4.1998 I 747 + + +) 
(+ + + measures on the basis of the EinigVtr cf.  FahrlG Appendix EV + + +) 

  

Unofficial table of contents

Content Summary

First section
	Driving licence
		§ 1	Requirement and content of driving licence
		§ 2	Requirements for driving licences
		§ 2a	Conditions for the granting of a driving licence in the case of holders of a Proof of qualifications from another Member State of the European Union, Other Contracting States of the Agreement on the European Economic Area or Switzerland
		§ 3	Application for the issue of driving licences
		§ 3a	Application for a driver's licence pursuant to § 2a
		Section 3b	Obligation to notify the holders of a driving licence on temporary and occasional training in driving pupils in accordance with § 2a (1) sentence 2
		§ 4	Driving instructing exam
		§ 5	Issue of driving licence, instructing licence
		§ 6	Duties of the instructor, daily maximum duration of the practical driving teaching
		§ 7	Rest and erasance of the driving licence
		§ 8	Withdrawal and revocation of the driving licence
		§ 9	Granting of a new driving licence
		§ 9a	Fixed-term driving licence
		Section 9b	Training instructor and content of training
Second section
	Driving licence
		§ 10	Requirement and content of driving licence
		§ 11	Conditions of driving licence
		§ 11a	Conditions for the granting of driving licence in the case of Holders of a certificate of competency from another Member State of the European Union, another Contracting State of the Agreement on the European Economic Area or Switzerland
		§ 12	Application for the issue of driving licence
		§ 12a	Application for the issue of the driving licence, which entitles the holder to an office in Germany, to the holder of a Proof of qualifications from another Member State of the European Union, of another State Party to the Agreement on the European Economic Area or Switzerland
		§ 12b	Application for the granting of a driving licence for temporary and occasional learners ' training to holders of a Proof of qualifications from another Member State of the European Union, another State Party to the Agreement on the European Economic Area or Switzerland
		§ 12c	Obligation to notify holders of a driving licence for temporary and occasional training in driving pupils
		§ 13	Issue of driving licence, certificate of enrolment
		§ 14	Branch offices
		§ 15	Continuation of the driving school following the death of the holder of the driving licence
		§ 16	General obligations of the holder of the driving school and of the responsible head of the training establishment
		§ 17	Notification requirements of the holder of the driving school and of the responsible head of the training establishment
		§ 18	Records
		§ 19	Teaching fees
		§ 20	Rest and Ererase of the driving licence
		Section 21	Withdrawal and revocation of the driving licence, revocation of the branch permit
		Section 21a	Training School
Third Section
	Driving teacher training centres
		Section 22	Necessity and factual scope of the official recognition of instructing training centres
		Section 23	Conditions of official recognition
		§ 24	Application for official recognition
		Section 25	Issuing of official recognition, certificate of recognition
		Section 26	General obligations of the holder and the responsible head of the officially recognised instructor training centre
		§ 27	Notifiable rights of the holder of the officially recognised instructor training institution
		§ 28	Records
		§ 29	Withdrawal and revocation of official recognition
Fourth Section
	Special provisions
		§ 30	Driving instructors, driving schools and instructor training centres with authorities
Fifth Section
	Seminar permit
		Section 31	Requirement, content and condition of permission to conduct advanced seminars (seminal permission)
		Section 31a	Requirements, content and requirements of the seminar permit Traffic Education
		Section 31b	Conditions for the implementation of instruction courses in accordance with Article 31a (2), first sentence, point 4
		§ 31c	Conditions for the implementation of introductory seminars for teachers
		§ 31d	Evaluation
Sixth Section
	Common rules
		Section 32	Responsibilities
		§ 33	Monitoring
		§ 33a	Training
		Section 34	Exceptions
		§ 34a	Cost
		§ 35	General administrative provisions
		§ 36	Irregularities
Seventh Section
	Registration
		Section 37	Register management and register authorities
		§ 38	Purpose of registration
		§ 39	Content of registration
		§ 40	Transmission of data for registration
		Section 41	Transmission of the data from the registers
		§ 42	Comparison of the data with the travel suitability register
		Section 43	Transmission of data to public sector bodies outside the scope of this law
		Section 44	Processing and use of data for scientific and statistical purposes
		§ 45	Data comparison to eliminate errors
		Section 46	Processing and use of the data by the recipient
		§ 47	Deletion of data
		§ 48	Authorization bases, implementing rules
Eighth section
	Transitional and final provisions
		§ 49	Transitional arrangements
		§ 50	entry into force

Unofficial table of contents

Input formula

With the approval of the Federal Council, the Bundestag has adopted the following law:

First section
Driving licence

Unofficial table of contents

§ 1 Requirement and content of the driving licence

(1) Anyone who trains persons who wish to acquire a licence to drive motor vehicles in accordance with § 2 of the Road Traffic Act (driving students) shall require the driving licence. The driving licence will be issued on request in the class BE and in addition in the classes A, CE and DE. The applicant for the driving licence of the class BE first receives a temporary permit in accordance with § 9a. The classes correspond to the classification of driving licences in accordance with Article 4 of Directive 2006 /126/EC of the European Parliament and of the Council of 20 December 2006 on driving licences (recast version) (OJ L 327, 30.12.2006, p. 18). (2) In the case of the training of drivers, it is also necessary to provide for the training of drivers.

1.

a driving licence for categories A, A2, A1 and AM, the driving licence for category A,

2.

a driving licence for category L, the driving licence of the class BE,

3.

a driving licence of class T, the driving licence of the class CE.

(3) Each driving licence entitles the holder to carry out the general part of the theoretical teaching. (4) The driving licence may only be used together with the driving licence or in the context of an employment or training relationship with the holder of a driving school is made use of. In the case of Section 30 (1), the local authority which has set up the driving school shall be deemed to be the holder of the driving school. Only temporary and occasional training of driving pupils may be used by the driving licence with an addition in accordance with § 2a (1) sentence 2. Unofficial table of contents

§ 2 Conditions of the driving licence

(1) The driving licence shall be issued when the applicant

1.

is at least 22 years old,

2.

is capable of being mentally, physically and technically suitable and does not have any facts which make it appear to be unreliable for the instructive profession,

3.

has at least one completed vocational training in a recognised teaching profession after completion of the primary education or equivalent education,

4.

the driving licence of categories A2, BE and CE and, if the driving licence is to be issued for category A or class DE, the driving licence of category A or class DE is also in each case,

5.

has sufficient driving practice on motor vehicles of the class in respect of which the driving licence is to be issued,

6.

has been trained as a driving instructor within the last three years,

7.

has demonstrated professional competence in an examination in accordance with § 4, and

8.

has the knowledge of the German language required for the exercise of professional activity.

In the case of the first sentence of point 4, a driving licence shall not be sufficient for the sample. By way of derogation from the first sentence of paragraph 5, it is sufficient for the applicant to have sufficient driving practice on motor vehicles of categories B and D in order to obtain the driving licence of the classes BE and DE. The Federal Ministry of Transport, Building and Urban Development may, with the consent of the Federal Council, lay down requirements for the mental and physical aptitude of the applicants (sentence 1 no. 2) by means of a legal regulation. (2) As sufficient as in paragraph 1 Sentence 1 (5) shall apply to driving practice where, within the last five years preceding the application, the applicant has for three years motor vehicles of category B and, for two years, motor vehicles of category A (without limitation to power-limited motorcycles), CE and D. A two-year driving practice shall not be required if the applicant for the driving licence of the class CE or DE for six months is the main professional-as a member of the Bundeswehr, the Federal Police or the police-motor vehicles of the , or has undergone a 45-minute supplementary training in a driving school on such motor vehicles following the acquisition of the driving licence of a 60-hour driving licence. The second sentence of paragraph 1 shall remain unaffected. (3) The duration of the training referred to in the first sentence of paragraph 1 shall be:

1.

in the case of applicants for the category BE's driving licence, five and a half months in a training course and four and a half months in a training school,

2.

for applicants with a Class A driving licence, an additional one month in a driving instructing training centre,

3.

for applicants for the driving licence of the class CE or DE in addition two months in a driving instrucer training centre.

If the applicant has the class CE driving licence for the class DE, the duration of the training is reduced by one month. The same applies if the applicant has the class CE driving licence. (4) The training in the instructing training centre is carried out in closed courses and may-apart from one on the duration of the Training for non-negotiable teaching-free time up to one month-not interrupted. The teaching is to be carried out as a full-time course. (5) After five months of training, the applicant for the teaching qualification of the class BE has a four-and-a-half-month training in a driving instructor training centre in one of the following: Undergo a training course. The training in a training school is to be interrupted during the third month by a one-week training course at a driving instructive training centre. The training of the applicant ends with a further one-week course at a driving instructor training centre after completion of the training in a training school. (6) The Federal Ministry of Transport, Building and Urban Development can be Ordinance with the consent of the Bundesrat, lay down more detailed conditions for the requirement of a language test to verify the knowledge referred to in the first sentence of paragraph 1, sentence 1. Unofficial table of contents

§ 2a Conditions for the granting of the driving licence in the case of holders of a certificate of formal qualifications from another State

(1) The applicant for a driving licence, the holder of a driving licence issued in another Member State of the European Union or of a State Party to the Agreement on the European Economic Area or Switzerland, or of a driving licence issued in accordance with By way of derogation from the first sentence of Article 2 (1) (3) (3) to (7), a certificate issued by one of these States shall be issued to the relevant class if the conditions for the qualification are: of Directive 2005 /36/EC of the European Parliament and of the Council of 7. On the recognition of professional qualifications (OJ L 327, 28.12.2005, p. OJ L 255, 30.9.2006, p. 22). In the driving licence, which entitles the temporary and occasional training of drivers, a corresponding addition must be made. (1a) The applicant for a driving licence, the holder of a driving licence in a Member State other than the one in paragraph 1 , by way of derogation from the first sentence of Article 2 (1), the number of licences issued in a State designated by the State designated in a State other than that referred to in paragraph 1 of this Article shall be the qualification for the training of pupils (proof of competence). 3, 5 to 7 the driving licence of the corresponding class is issued if it is successful has participated in an aptitude test. Paragraphs 2 and 3 shall not apply. (2) The previous qualification obtained by the training and examination of the applicant is substantially different from those obtained by the provisions of the Rules of Training and Examination Regulations for the Instructor for the admission of driving instructor activity within the country, and this difference is not compensated for by the knowledge acquired by the applicant in the course of his professional experience, including in a third country, the granting of the driving licence referred to in paragraph 1 may be granted in respect of the establishment in the You have the right to participate in an adaptation period or an aptitude test, depending on your participation. The first sentence shall not apply if the previous training and examination meet the requirements laid down by the Committee for the Recognition of Professional Qualifications pursuant to Article 15 (2) of Directive 2005 /36/EC. (3) The granting of a Driving licence for temporary and occasional learners ' training referred to in the second sentence of paragraph 1 may be subject to an aptitude test if there is a significant difference between the applicant's professional qualifications and the applicant's professional qualification. There is a national requirement for training and examination, thereby making the public (5) The Federal Ministry of Transport, Building and Urban Development may, with the consent of the Federal Council, comply with more detailed requirements regarding the content and timing of the project, with the consent of the Federal Council. of the adaptation period as well as the performance of the aptitude test in accordance with paragraphs 2 and 3. (6) The Professional Qualification Order Act shall not apply with the exception of § 17. Unofficial table of contents

§ 3 Application for a driving licence

In the application for a driving licence, the applicant shall indicate for which category of motor vehicles he intends to obtain the driving licence. It shall attach to the request:

1.

an official proof of place and day of birth,

2.

a curriculum vitae,

3.

a medical certificate or, at the request of the approval authority, a medical certificate or the expert opinion of an officially recognised assessment body for the suitability of the vehicle for its mental and physical fitness,

4.

a copy of his driving licence; it must be officially certified if the driving licence is not submitted for inspection,

5.

Documents relating to driving practice (§ 2 (1) sentence 1 (5)),

6.

proof of pre-education (§ 2 (1) sentence 1 (3)),

7.

a certificate issued by the officially recognised instructing training centre for the duration of the training carried out (§ 2 (3), (4) and (5));

8.

In addition, a certificate issued by the training school for the duration of the training carried out (§ 2 para. 5 sentence 1) and the report booklet in accordance with section 9a (3) of the application for the granting of the driving licence of the class BE.

The certificate referred to in the second sentence of Article 2 (5) and the documents referred to in the second sentence of sentence 2 (8) shall be returned after completion of the training. The applicant has to apply for a certificate of management for submission to the approval authority in accordance with the provisions of the Federal Central Register Act. Unofficial table of contents

§ 3a Application for a driving licence according to § 2a

(1) In the application for a driving licence in accordance with § 2a, the applicant shall indicate for which category of motor vehicles he intends to acquire the driving licence. (2) He has the application for a driving licence in accordance with § 2a, which shall be issued in accordance with Article 2 (2). Establishment domestiy shall be entitled to include:

1.

proof of identity,

2.

an officially certified copy of the certificate of formal qualifications or of the proof of formal qualifications, which entitles the holder to commence the relevant profession in the issuing State,

3.

a certificate of the State in which he has obtained the certificate of formal qualifications or training or professional experience, which is comparable to that of the certificate of management in accordance with the provisions of the Bundeszentralregistergesetz (Federal Central Register Act),

4.

an official proof of the State in which he has obtained the certificate of training or qualification or the professional experience, that there is no case in which the exercise of the profession is due to a lack of mental or physical aptitude in accordance with Section 2a (2) (a). 4 in connection with § 2 para. 1 sentence 1 no. 2 would be to be signed, and

5.

a certificate certifying that he has pursued the activity of the instructor for at least two years within the last ten years prior to the issue of the certificate, if the driving teacher's activity is not regulated in the issuing State.

The certificates referred to in points 3 and 4 of the first sentence may not be more than three months in the case of their submission. If the applicant states that the state in which he has obtained the certificate of training or qualifications is not issued in accordance with the first sentence of 1 (3) or (4), the applicant may be replaced by an insurance scheme for the applicant's oath instead of the applicant. (3) In the case referred to in paragraph 2, the competent authority may request the applicant to provide information

1.

, to the extent that it is necessary to determine whether its training or examination within the meaning of Article 2a (2) sentence 1 is essential to the requirements of the driving instructor training regulations and the examination regulations for driving instructors for the inclusion of driving instructing activity in Germany is different;

2.

professional experience in so far as it is necessary to determine whether a significant deviation of his or her training or examination of the requirements of the driving instructor training regulations and the examination regulations for driving instructors is required for the The inclusion of driving teacher activity in Germany can be compensated for by the knowledge acquired by him in the context of his professional experience within the meaning of Section 2a (2) sentence 1.

In addition, the competent authority may contact the contact point or the competent authority or body of the State in which the applicant has completed the training, passed the examination or acquired the professional experience, in order to obtain the necessary information. (4) The applicant must be attached to the application for a driving licence for temporary and occasional learners ' training in accordance with Section 2a (1) sentence 2:

1.

proof of identity,

2.

an official document certifying that, at the date of issue of the certificate, it is lawful in another Member State of the European Union, another State Party to the Agreement on the European Economic Area or Switzerland. is established as a driving instructor and does not, even temporarily, prohibit the exercise of this profession at the time of issue of the certificate,

3.

an officially certified proof of his professional qualification within the meaning of Article 3 (1) (b) of Directive 2005 /36/EC, and

4.

a certificate certifying that he or she is not regulated in the State of his establishment within the meaning of Article 3 (1) (a) or (e) of Directive 2005 /36/EC in cases where the driving teacher's activity or training in that State is not regulated within the meaning of Article 3 (1) (a) or (e) of Directive 2005 /36 the activity of the instructor has been carried out in the State of his establishment for at least two years prior to the issuing of the certificate.

(5) In the cases referred to in paragraph 4, the applicant shall apply for a certificate of management for submission to the approval authority in accordance with the provisions of the Federal Central Register Act, and a comparable certificate from the competent authorities. Authority of the State in which it is established. If the applicant states that a comparable certificate is not issued in that State, it may be replaced by an insurance on oath instead of the applicant. The competent authority may contact the Member State which issued the certificate referred to in the first sentence of the first sentence and request all information concerning the legality of the applicant ' s establishment, as well as information that no professional administrative and penal sanctions against the applicant. Unofficial table of contents

§ 3b The obligation to notify the holders of a driving licence for temporary and occasional learners ' training pursuant to § 2a (1) sentence 2

The holder of a driving licence for temporary and occasional driving training pursuant to Section 2a (1), second sentence, shall report to the competent authority on an annual basis, where it intends to temporarily and temporarily notify the competent authority of the year in question. to train occasional learners. By way of derogation from the first sentence, the notification referred to in the first sentence shall be made in writing and shall be accompanied by the documents referred to in Article 3a (4) and (5), first sentence, in so far as substantial changes are to be made to the documents contained in the documents accompanying the application for grant of the Driving licence pursuant to section 2a (1), second sentence, accompanied by a certified situation. Section 3a (5), second sentence, shall apply accordingly. In the year of the granting of the driving licence in accordance with Section 2a (1) sentence 2, a notification shall be issued. Unofficial table of contents

§ 4 Driving teacher examination

(1) The examination must provide proof that the applicant has the professional competence to train drivers for the training of the driving licence. The applicant shall:

1.

Thorough knowledge

a)

transport education, including didactics,

b)

of the doctrine of traffic, including the doctrine of danger,

c)

the relevant statutory provisions,

d)

the environmentally conscious and energy-saving driving style,

e)

of driving physics,

2.

adequate knowledge of motor vehicle technology and

3.

the ability and skill, objectively correct, to be able to be informed in terms of the objectives of the training of the pupils, and to be able to teach them methodically,

(2) The examination consists of a practical test, a specialist examination (with a written and an oral part) as well as-for the class BE-a teaching sample in the theoretical and practical lessons. (3) The Federal Ministry of Transport, Building and Urban Development is authorized, in agreement with the Federal Ministry of Education and Research, with the consent of the Federal Council, to provide detailed information on the examination, in particular on Admission requirements, content, structure, procedure, resignation, evaluation, decision and repetition, to regulate. Unofficial table of contents

§ 5 Issuance of the driving licence, instructing licence

(1) The driving licence shall be issued by the suspension or delivery of the driving licence. The instructor shall carry the instructor ' s instructor ' s licence when travelling with a driving licence and shall, at the request of the authority responsible for the monitoring of road traffic and in the case of driving licences, at the request of the driver (2) The instructor's licence shall include the name, first name, date of birth and place and address of the holder of the driving licence, the indication of which category of motor vehicles shall be subject to the driving licence and the conditions to be met, and in the cases of section 2a (1) sentence 2, contain the addition that the driving licence shall only be on the temporary and occasional training of driving pupils. In addition, the employment relationships and the training relationship must be registered with the holder of a driving school and the period of validity of the temporary driving licence. The instructor's licence is to be submitted immediately to the approval authority at the beginning and end of the employment and training relationship. (3) The Federal Ministry of Transport, Building and Urban Development shall, with the approval of the Federal Council, be determined by (4) The competent authority confirms to the applicant in the cases of § 2a (1) within one month of receipt of the application for the granting of a driving licence, which is to be established in Germany shall have the right to receive the documents and, if appropriate, inform him of the Documents are missing. The procedure for the examination of an application for a driving licence pursuant to Section 2a (1), which entitles the holder to establish a national office, must be completed no later than three months after the submission of the complete documents by the applicant. . This period may be extended by one month. Where there are reasonable doubts as to the authenticity of the certificates and evidence of formal qualifications submitted, the competent authority may, by means of a request, in the case of the issuing authority or body referred to in the certificate or proof of training, the competent authority. (5) By way of derogation from paragraph 4, the competent authority shall, in the cases referred to in section 2a (1), second sentence, the applicant within one month after the date of the application. Receipt of the application for a driving licence for temporary and temporary teaching occasional learners 'training on missing documents, and within one month of receipt of the complete dossier on the issue of driving licences for temporary and occasional learners' training decision and inform the applicant of their decision. The competent authority may extend the period referred to in the first sentence of the first subparagraph by up to one month. In the case referred to in Article 2a (3), the competent authority shall, by way of derogation from the second sentence, extend the period referred to in the first sentence of the first subparagraph by one month in order to allow the applicant to prove, on the basis of the aptitude test, that he/she has no knowledge and skills in the meantime. The deadline may be extended on request for up to three months. The driving licence in accordance with Section 2a (1) sentence 2 shall be deemed to be granted if it is not denied before the expiry of the relevant period. Unofficial table of contents

§ 6 obligations of the instructor, daily maximum duration of the practical driving teaching

(1) The driving instructor shall train the driving students conscientiously. He has to give them the knowledge, skills and behaviour that the Road Traffic Act and the legal regulations based on this law and on the law of the driving instructor are responsible for the training and examination of the candidates for the purpose of giving permission to the Drive motor vehicles. In addition, he has to inform them of the consequences of infringements of the traffic regulations and of compulsory insurance for motor vehicles and their trailers. (2) The driving instructor is only allowed to take practical driving lessons on a daily basis. , how he is able to take responsibility for the training course and to inform the driving student in a proper manner. The total daily duration of the practical driving course, including the test drives in accordance with section 2 (15) of the Road Traffic Act, shall not exceed 495 minutes; it must be interrupted by pause of sufficient duration. As far as other professional activities have been carried out on this day, the total working time may not exceed ten hours. (3) The Federal Ministry of Transport, Building and Urban Development shall, with the consent of the Federal Council, be determined by Regulation of the Law on Education, in particular on curricula and teaching methods, as well as on the supervision of teaching. Unofficial table of contents

§ 7 Ruhen and Erasing of the Driving Instruct

(1) The driving licence shall rest, as long as there is a driving ban in accordance with § 25 of the Road Traffic Act or § 44 of the Criminal Code, the driving licence shall be taken into custody, seized or confiscated in accordance with § 94 of the Code of Criminal Procedure, which shall: In accordance with § 111a of the Code of Criminal Procedure, the licence has been provisionally withdrawn or, in the event of a withdrawal from the administrative procedure, the immediate enforcement order has been ordered and the suspensive effect of an appeal is not restored. (2) The A driving licence shall be issued if the holder is legally valid or shall be withdrawn unquestionably or the driving licence shall be extinguished in any other way. (3) If the driving licence is to be suspended or extinguished, the instructing licence shall be returned immediately to the authority of the permission of the permission. Unofficial table of contents

§ 8 withdrawal and revocation of the driving licence

(1) The driving licence shall be withdrawn if, in the case of its grant, one of the conditions of § 2 has not been fulfilled and no exception has been granted in accordance with section 34 (1). The permission authority can cancel the withdrawal if the defect no longer exists. (2) The driving licence is to be revoked if one of the conditions mentioned in § 2 (1) sentence 1 no. 2 has subsequently fallen away. The holder of the authorization shall be unreliable within the meaning of the first sentence of section 2 (1), first sentence, no. 2, in particular if he has repeatedly infringed the obligations under this law or the legal regulations based on him. Sentences 1 and 2 shall apply to the revocation of a driving licence pursuant to Section 2a (1). (3) The driving licence for temporary and occasional provision of services in accordance with Section 2a (1) sentence 2 may be revoked if the holder of the licence is is no longer legally established in another Member State of the European Union, another State Party to the Agreement on the European Economic Area or Switzerland. (4) After withdrawal or revocation of the driving licence, the Driving instructive certificate shall be returned immediately to the approval authority. Unofficial table of contents

§ 9 Granting of a new driving licence

(1) If a new permit is requested after the erasure (§ 7 para. 2), withdrawal or revocation (§ 8) of a driving licence, the rules for the grant of the first licence shall apply. § 2 (1) sentence 1 nos. 3, 5 and 6 and § 3 sentence 2 nos. 5 to 8 shall not apply. (2) The permission authority may waive a driving instructive examination if there are no facts justifying the acceptance that the applicant is the subject of the technical examination. Suitability no longer possesses. The waiver of the examination shall not be permitted if more than two years have elapsed since the erasure, withdrawal or revocation of the driving licence. Unofficial table of contents

§ 9a Restricted Driving Licence

(1) After five months of training in an officially recognised instructor training centre for the purpose of training in accordance with § 2 (5) sentence 1 and the examination, the applicant for the category BE's driving licence shall be examined in so far as these are on the course of the teaching in the theoretical and practical training, a temporary driving licence is issued if he has successfully passed the practical test and the examination of the subject-specific examination. In addition, § § 1 to 9 shall apply with the following measures. The conditions for the grant pursuant to § 2 (1) sentence 1 no. 7 and (3) sentence 1 need not be fulfilled. Permission is to be limited to two years. The fixed-term driving licence shall be issued

1.

with the granting of an open-ended driving licence,

2.

after a three-year unsuccessful teaching sample in the theoretical or in the course of driving lessons (§ 4 para. 2) or

3.

by the end of the period.

(2) Use may only be made under the supervision of a training instructor (§ 9b). (3) The holder of the temporary instructor's licence shall have a report booklet on his practical training. It shall be divided into periods of one week and shall be drawn up weekly and after completion of the training by the training instructor and by the holder or by the responsible head of the training school. Unofficial table of contents

§ 9b Training instructor and content of training

(1) In the last five years, the training instructor must have at least three years of driving licences who wish to acquire the driving licence to drive motor vehicles of category B, as a member of the Bundeswehr, who shall be responsible for the driving licence. The Federal Police or the police have given predominantly theoretical and practical instruction; he must also attend a three-day training seminar in an officially recognised instructor training institution or a professional association of the Driving instructor, provided that he is responsible for this by the competent authority of the highest authority or by a competent authority it has been recognised by certain bodies or bodies which are competent in accordance with the law of the country. The training instructor may only work in a training school (§ 21a). (2) The instructor has to carefully train the holder of the temporary instructor's licence. He has taught him above all theoretical and practical lessons, and he is responsible for guiding and supervising him. In particular, the preparation and evaluation of the teaching are part of the instructions. At the beginning of the training, the instructor has to be present at all times during the course of the training. (3) The training instructor may be refused the training of holders of a fixed-term driving licence if he/she meets the requirements of (4) The Federal Ministry of Transport, Building and Urban Development shall, with the consent of the Federal Council, determine by means of a decree-law, the Federal Ministry of Transport, Building and Urban Development, necessary requirements for the design of the training by the training instructor, in particular on the content and implementation of the instruction seminar referred to in paragraph 1, as well as on the curricula and the teaching methods referred to in paragraph 2.

Second section
Driving licence

Unofficial table of contents

§ 10 Requirement and content of driving licence

(1) If you are a self-employed driving instructor or train a driving instructor or train as a driving instructor employed by him, the driving licence shall be required. Only temporary and occasional self-employed training of drivers may be used by the driving licence with an addition in accordance with § 11a sentence 2 in conjunction with section 2a (1) sentence 2. (2) The driving licence shall be applied to Application for the class BE, A, CE and DE. In addition, § 1 para. 2 shall apply accordingly. Unofficial table of contents

§ 11 Conditions of the driving licence

(1) The driving licence shall be issued if:

1.

the applicant is at least 25 years old and there are no facts which make him appear to be unreliable for the management of a driving school,

2.

there are no facts justifying the assumption that the applicant is unable to fulfil the obligations laid down in § 16,

3.

the applicant has the driving licence for the class for which he applies for the driving licence,

4.

the applicant has been working as a driving instructor for at least two years in the context of an employment relationship with the holder of a driving licence,

5.

the applicant has taken part in a course of at least 70 hours for 45 minutes on the driving school business economy,

6.

the applicant has the necessary teaching space, the necessary teaching aids and the teaching vehicles intended for driving training in the driving licence class concerned.

(2) If the applicant is a legal person, the driving licence shall be issued if the conditions laid down in paragraph 1 (6) are fulfilled and if there are no facts which appear to be unreliable by the persons entitled to represent them. and one of them, fulfilling the conditions laid down in paragraph 1 (1) to (5), shall be appointed to the head of the training establishment responsible. The responsible manager must, in the circumstances, in particular when taking into account his professional obligations, provide the guarantee that the obligations under § 16 will be fulfilled. (3) Up to five holders of a driving licence of the same Classes can operate a driving school in the legal form of a civil-law company (Community driving school). Each shareholder shall be entitled to have his/her driving students trained by a co-shareholder or by the driving instructors employed by the co-partner. An additional driving licence is not required. The social contract requires the written form. (4) The Federal Ministry of Transport, Building and Urban Development regulates, with the consent of the Federal Council, details of the conditions of the driving licence and the operation of an operating system by means of a legal regulation. Driving school, in particular the requirements for classrooms, teaching aids and teaching vehicles, as well as the monitoring of driving schools. Unofficial table of contents

Section 11a Conditions for the granting of the driving licence in the case of holders of a certificate of formal qualifications from another State

The applicant for a driving licence, which is the holder of a driving licence issued in another State, entitling the holder to self-employed driving training in that State, or a certificate issued in another State via the In derogation from § 11 (1) (3) to (5), the qualification of the requested class shall be issued if the conditions for issuing a driving licence for the appropriate class are met. pursuant to this Act and the provisions adopted pursuant to this Act Legal regulations are fulfilled. Section 2a (1), second sentence, (2), (3) and (5) and (11) other than paragraph 1 (3) to (5) shall apply accordingly. Within the scope of section 2a (2) and (3), the requirements laid down for the admission of self-employed driving teaching activities in Germany and the training required for this purpose are determined in accordance with § 11 (1) no. 3 to 5. With the exception of § 17, the Professional Qualification Order Act does not apply. Unofficial table of contents

Section 12 Application for the granting of the driving licence

(1) In the application for a driving licence, the applicant shall indicate the name and address of the driving school and indicate for which category of motor vehicles he intends to acquire the driving licence. It shall attach to the request:

1.

an officially certified copy or a copy of the driving licence;

2.

Documents relating to the activity as a driving instructor (Section 11 (1) (4)),

2a.

a certificate issued by the institution of a course of business administration (Section 11 (1) (5)) on the participation in the course of the course of training;

3.

a declaration as to whether and by which authority a driving licence has already been issued,

4.

a scale-up plan of the classrooms, with information on their equipment,

5.

a declaration that the compulsory teaching aids are available,

6.

a list of the number and type of apprenticeship vehicles.

The applicant has to apply for a certificate to be submitted to the approval authority in accordance with the provisions of the Federal Central Register Act. (2) If the applicant is a legal person, the documents referred to in the second sentence of paragraph 1 shall be no. 3 The documents referred to in the second sentence of paragraph 1 (2) to (3) shall be included in addition to the manager responsible for the training establishment. It should also be explained which professional obligations the responsible manager has to fulfil otherwise. The persons entitled to represent the legal person must apply for a certificate of management for submission to the approval authority in accordance with the provisions of the Federal Central Register Act. (3) The approval authority has the following: examine the particulars in the documents referred to in paragraph 1 (4) to (6) on the spot. Section 33 (1) sentence 2 shall apply accordingly. Unofficial table of contents

Section 12a Application for the granting of a driving licence entitling the holder of a national office to the holder of a certificate of formal qualifications from another Member State of the European Union, another State Party to the Agreement on the European Union Economic Area or Switzerland

(1) In the application for a driving licence in accordance with Section 11a, which entitles the holder to establish a place on the territory of the country, the applicant shall communicate the name and address of the driving school and indicate the class of motor vehicles for which he or she is responsible. To acquire a driving licence. It shall attach to the request:

1.

official proof of his nationality;

2.

a scale-up plan of the classrooms, with information on their equipment,

3.

a declaration that the compulsory teaching aids are available; and

4.

a list of the number and type of apprenticeship vehicles.

(2) If the applicant is already a holder of a domestic driving licence, he shall attach the following documents to the application referred to in the second sentence of paragraph 1:

1.

an officially certified copy or a copy of the driving licence;

2.

a statement as to whether and by which authority a driving licence has already been issued.

The applicant also has to apply for a certificate of management for submission to the approval authority in accordance with the provisions of the Federal Central Register Act. The competent authority may invite the applicant to provide information

1.

To his training and examination, to the extent that this is necessary to determine whether his or her training or examination within the meaning of Article 11a, second sentence, in conjunction with § 2a (2) sentence 1, is essential to the requirements of the Fahrlehrergesetz (Fahrlehrergesetz) and the requirements of the different implementing rules for the inclusion of the self-employed driving instructing activity of the requested class in Germany;

2.

professional experience in so far as it is necessary to determine whether any significant deviation from his training or examination of his or her training or examination of the requirements of the driving instructing law and of the implementing provisions for which he or she is based Inclusion of the self-employed driving teacher activity of the requested class in Germany can be compensated for by the knowledge acquired by him in the context of his professional experience within the meaning of § 11a sentence 2 in conjunction with § 2a para. 2 sentence 1.

In addition, the competent authority may contact the contact point or the competent authority or body of the State in which the applicant has completed the training, passed the examination or acquired the professional experience, in order to obtain the necessary information. (3) If the applicant is not a holder of a domestic driving licence in accordance with § 11a, who is entitled to establish a national residence in Germany, he has the right to request a certificate of professional qualification. in accordance with the first sentence of paragraph 1 above the second sentence of paragraph 1, the following documents shall be attached:

1.

an officially certified copy of the certificate of formal qualifications or evidence of formal qualifications within the meaning of Article 3 (1) (c) of Directive 2005 /36/EC, which provides for the inclusion of the self-employed driving pupil training of the relevant class in the the issuing State,

2.

a certificate of the State in which he has obtained the certificate of training or qualification or the professional experience, comparable to the certificate of management of the issuing authority in accordance with the provisions of the Bundeszentralregistergesetz (Federal Central Register Act),

3.

an official proof of the State in which he has obtained the certificate of training or qualification or the professional experience, that there is no case in which the exercise of the profession is due to a lack of mental or physical aptitude in accordance with Section 2a (2) (a). 4 in connection with § 2 para. 1 sentence 1 no. 2 would be to be signed,

4.

a certificate certifying that, within the last ten years before the issue of the certificate, he has been engaged in the activity of the driving instructor for at least two years in another Member State of the European Union, another State Party to the Agreement on the European Economic Area or Switzerland if, in that State, the activity of driving instructors is not regulated within the meaning of Article 3 (1) (a) of Directive 2005 /36/EC.

If the applicant states that the state in which he has obtained the certificate of training or qualifications is not issued in accordance with the second or third sentence of the first sentence, the applicant may be replaced by an insurance scheme for the applicant's oath instead of the applicant. . The certificates referred to in the first and third sentences of the first sentence shall not be more than three months in the case of their submission. (4) If the applicant is a legal person, the documents referred to in the second sentence of paragraph 1 (2) to (4), the second sentence of the second sentence of paragraph 2, and the responsible head of the training establishment shall also be accompanied by the documents referred to in The first sentence of the first sentence of paragraph 1 and the first sentence of the first sentence of the first paragraph of paragraph 3 or the second sentence of the first sentence of paragraph 3 and the second sentence of the second sentence of paragraph 2 shall also be submitted, at the request of the authority, to the documents referred to in the third sentence of paragraph 2, including in conjunction with the It should also be explained what other professional obligations the manager responsible has to fulfil. In the case of persons entitled to represent the legal person, the second sentence of the second sentence of paragraph 2 or the second sentence of paragraph 3, also in conjunction with the second sentence, shall apply. (5) The approval authority shall have the particulars in the documents referred to in the second sentence of paragraph 1, no. 2 to 4. check on the spot. Section 33 (1) sentence 2 shall apply accordingly. Unofficial table of contents

Section 12b Application for the granting of a driving licence for temporary and occasional learningstudents ' training to holders of a certificate of formal qualifications from another Member State of the European Union, another State Party to the Agreement on the European Economic Area or Switzerland

(1) In the application for the granting of a driving licence for temporary and occasional learners training in accordance with Section 11a, second sentence, in conjunction with section 2a (1) sentence 2, the applicant shall communicate the name and address of the driving school; and indicate which category of motor vehicles it intends to acquire the driving licence. It shall attach to the request:

1.

official proof of his nationality;

2.

an official document certifying that, at the date of issue of the certificate, it is lawful in another Member State of the European Union, another State Party to the Agreement on the European Economic Area or Switzerland. is established as a driving instructor and does not, even temporarily, prohibit the exercise of this profession at the time of issue of the certificate,

3.

a scale-up plan of the classrooms, with information on their equipment,

4.

a declaration that the compulsory teaching aids are available,

5.

a list of the number and type of apprenticeship vehicles.

(2) The applicant shall also request the issuing of a certificate of management for submission to the approval authority in accordance with the provisions of the Federal Central Register Act, and a comparable certificate issued by the competent authority of the State, in to which he is established. If the applicant states that a comparable certificate is not issued in that State, it may be replaced by an insurance on oath instead of the applicant. The competent authority may contact the Member State which issued the certificate referred to in the second sentence of paragraph 1 and request all information concerning the legality of the applicant ' s establishment, as well as information that: (3) If the applicant is already a holder of a domestic driving licence, he shall, in addition to the application referred to in the second sentence of paragraph 1 and paragraph 2, have the following: To be accompanied by:

1.

an officially certified copy or a copy of the driving licence;

2.

a statement as to whether and by which authority a driving licence has already been issued.

(4) If the applicant is not a holder of a domestic driving licence, he shall attach the following documents to the application referred to in the second sentence of paragraph 1 and in paragraph 2:

1.

an officially certified proof of his professional qualification within the meaning of Article 3 (1) (b) of Directive 2005 /36/EC,

2.

a certificate certifying that he or she is not regulated in the State of his establishment within the meaning of Article 3 (1) (a) or (e) of Directive 2005 /36/EC in cases where the driving teacher's activity or training in that State is not regulated within the meaning of Article 3 (1) (a) or (e) of Directive 2005 /36 the activity of the instructor has been carried out in the State of his establishment for at least two years prior to the issuing of the certificate.

(5) If the applicant is a legal person, the documents referred to in the second sentence of paragraph 1 (2) to (5), paragraph 3 (2) and the responsible head of the training establishment shall also be accompanied by the documents referred to in the second sentence of paragraph 1 (1) and (3) (1), or (3), or (4). It should also be explained what other professional obligations the manager responsible has to fulfil. In the case of persons entitled to represent the legal person, the first sentence of the second sentence of paragraph 2 and the last sentence of the third sentence shall apply. (6) The authorisation authority shall have the information in the documents referred to in the second sentence of the second sentence of paragraph 1, point 3 to 5, on the spot. check. Section 33 (1) sentence 2 shall apply accordingly. Unofficial table of contents

§ 12c Reporting obligation for holders of a driving school permit for temporary and occasional driving school training

The holder of a driving licence for temporary and occasional driving training pursuant to Section 11a, second sentence, in conjunction with Section 2a (1) sentence 2, shall report annually to the competent authority where it intends to do so in the relevant Year of temporary and occasionally self-employed driving students. The notification must be made in writing by way of derogation from the first sentence and must be accompanied by the documents in accordance with Section 12b (1) to (4), including in conjunction with Section 12b (5), in so far as substantial changes are to be made to the documents contained in the application submitted to the application The granting of the driving licence for temporary and occasional learners ' training pursuant to § 11a, second sentence, in conjunction with the second sentence of Article 2a (1) of the second sentence, have resulted in a situation in which the situation has been certified. In the year of the granting of the driving licence for temporary and occasional learners ' training pursuant to § 11a, second sentence, in conjunction with section 2a (1) sentence 2, a message in accordance with sentence 1 shall be required. Unofficial table of contents

§ 13 Issuance of the driving licence, certificate of approval

(1) The driving licence shall be issued by handing out or delivering the certificate of approval. If the conditions of § 11a are fulfilled, § 5 (4) and 5 (2) shall apply. (2) The certificate must be the name and address of the driving school, the name and address of the holder of the driving school permit-in the case of natural persons the first names shall also apply. and the date and place of birth, the indication of which category of motor vehicles shall be subject to the driving licence and the conditions laid down, and in the cases of § 11a, second sentence, in conjunction with the second sentence of Article 2a (2), the addition that the driving licence shall be only for the temporary and occasional training of driving students. (3) the holder of the driving licence is a natural person, the issue or the extinguisher of the driving licence shall be noted in his/her driving instructors. For this purpose, the certificate shall be submitted immediately after the granting or the erasable of the driving licence of the authorizing authority. Unofficial table of contents

§ 14 Branch offices

(1) If the holder of a driving school operates a branch of the driving school, a branch permit shall be issued. (2) permission shall be granted if the teaching room is subject to teaching aids and teaching vehicles of the legal regulation adopted pursuant to section 11 (4) of this regulation. and, where appropriate, in accordance with the circumstances, in particular because of the number of branches or their distance, the holder of the driving licence or the head of the training establishment responsible shall be responsible for his duties in accordance with § 16. The number of branches shall not exceed three in the case of Community driving schools per partner. (3) The provisions of § 10 para. 2 (classes), § 12 (1) no. 3 to 6 (declaration on existing driving school permits, information on Teaching rooms, teaching materials and teaching vehicles), § 13 (Grant) and § § 15 to 20 (continuing after the death of the owner, general obligations, notification obligations, records, teaching fees, resting and erasing permission) apply accordingly. Unofficial table of contents

Section 15 Continuation of the driving school following the death of the holder of the driving licence

(1) After the death of the holder of the driving licence, the driving school can be continued

1.

for the account of the surviving spouse or life partner,

2.

for the account of an heir as long as the heir is not 26 years old or has not yet elapsed since the inheritance three years, or

3.

for the account of the executor of the executor, the administrator of the estate, the estate manager or the estate insolvency administrator during the execution of the wills, the administration of succession, the relegation of the succession or the administration of the estate.

(2) After six months has elapsed since the holder's death, the driving licence may only be used if the person referred to in paragraph 1 or another person appointed as the head of the training establishment is responsible for the The requirements of § 11 (1) Nos. 1 to 5 and 2 sentence 2 or § 11a are fulfilled. Unofficial table of contents

§ 16 General obligations of the holder of the driving school and of the responsible head of the training establishment

(1) The holder of the driving school or the head of the training establishment responsible shall ensure that the training of the driving students and the driving instructor with a fixed-term driving licence corresponds to the requirements of section 6 (1) and (3). He has to introduce the employed driving instructors thoroughly into the tasks of a driving school and has them in the training of the driving students and the driving instructors with a fixed-term driving licence as well as in the implementation of advanced seminars in accordance with § 2a Paragraph 2 Paragraph 1 (1) of the Road Traffic Act and the seminars on the suitability of the driving licence in accordance with Section 4a of the Road Traffic Act. It is also responsible for ensuring that the necessary classrooms, teaching materials and teaching vehicles are in a proper condition. (2) The holder of the driving school or the head of the training establishment responsible shall ensure that: that the employed driving instructors comply with the obligations laid down in § 6 (2) sentence 1 and § 33a and that the periods according to § 6 (2) sentence 2 and 3 shall not be exceeded. (3) A driving school shall be issued by several holders of a driving licence in the form of a driving school. In the case of civil law, each partner shall be responsible for the operation of the Community driving school in accordance with paragraphs 1 and 2. The members shall appoint from their midst a shareholder who shall represent the Community driving school with regard to the approval authority, in so far as the supervision in accordance with § 33 is concerned, and to inform him of the permission of the authorizing authority. The tasks of the named partner include, in particular, the delivery and receipt of statements within the scope of section 33 with effect for and against all members, as well as the safekeeping of all records and evidence for all Shareholders in accordance with § 18 as well as the presentation of the records and evidence to the permission authority. Unofficial table of contents

§ 17 Display obligations of the holder of the driving school and of the responsible head of the training establishment

The holder of the driving school or in the cases of § 11 para. 2, § 15 para. 2, § 20 para. 1 sentence 2, § 21 para. 4 and § 49 para. 3 the responsible head of the training establishment has to notify the approval authority immediately:

1.

Opening, laying, decommissioning and closing of the driving school,

2.

the start and end of the employment relationship or training relationship with a driving instructor;

3.

Installation, extension or reduction of classrooms,

4.

Changes in the stock of apprenticeship vehicles,

5.

the continuation of the driving school in accordance with § 15 (1),

6.

the appointment or dismissal of the responsible manager of the training establishment; the notification of the order must be accompanied by documents in accordance with § 12 (1) no. 1 to 3 and a declaration pursuant to section 12 (2) sentence 2; § 12a (1) sentence 2 no. 1, para. 2 sentence 1, Section 3, No. 1, 3 and 4, Section 4, second sentence, as well as § 12b (1) sentence 2 Nos. 1 and 2, para. 3, 4 and 5 sentence 2 shall apply accordingly,

7.

in the case of legal persons or associations of non-legal persons who are the holders of the driving licence: the appointment or departure of persons who are appointed to represent them in accordance with the law or the statutes; the advertisement shall be certified by a legal person. Extract from the commercial register or register of associations, in the case of a non-fictiable association, to accompany documents concerning the power of representation of the persons acting for the purpose of the association.

8.

the exercise, uptake and termination of other main professional activities by the responsible head or holder of a driving school, indicating the nature and extent of the work;

9.

the establishment of the establishment of a Community driving school (section 11 (3)) and changes in the social contract; the indication shall be accompanied by a certified copy of the social contract and of the individual driving licence certificates;

10.

Start and end of the establishment as a training school, stating the training instructor and presenting evidence of the conditions in accordance with § 21a (1) no. 1 to 3.

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§ 18 Records

(1) The holder of the driving school or in the cases of § 11 para. 2, § 15 para. 2, § 20 para. 1 sentence 2, § 21 para. 4 and § 49 para. 3 the responsible head of the training establishment has records on the training to lead. The records must be kept for each pupil type, content, scope and duration of the theoretical and practical training, the name of the instructor, type and type of the teaching vehicles used, the date and the result of the tests. , as well as the fees charged for the training and the presentation of the test, as well as being countersigned by the rider or otherwise confirmed, in order to ensure effective monitoring of the training. The records must be submitted to the driver after completion of the training. (2) The holder of the driving school or the manager responsible has for each instructor daily the number of hours of driving under the name of the person who has been named , to record the total duration of the practical driving course, including examination journeys and the duration of the professional activities in minutes. For such records, the instructor shall indicate the duration of his/her other professional activities on that day. In the case of the driver's daily certificate, the driver must be able to confirm the details of his or her training or to confirm it otherwise. If the instructor is in the training relationship according to § 2 (5) sentence 1, the duration of the instruction, instruction and supervision by the training instructor must additionally be recorded in minutes. (3) The records shall be recorded by the holder of the Driving school after the end of the year in which the teaching has been completed, to be kept for four years and to submit to the approval authority or to the persons or bodies responsible for the examination (§ 33) upon request for examination. (4) The Federal Ministry of Transport, Building and Urban Development, governed by the law Agreement of the Federal Council on the design of the training certificate for driving pupils as referred to in paragraph 1 and the daily proof of the driving instructor referred to in paragraph 2. Unofficial table of contents

Section 19 Education fees

(1) Each holder of the driving licence shall be free, self-employed and under his/her own responsibility; this shall apply in accordance with the provisions of Section 11 (3) of the Directive. He has to disclose them with the terms and conditions in the business premises by means of a notice. This is where the pay

1.

paused for the general expenses of the driving school operation, including the entire theoretical teaching, for the presentation of the examination, for the training seminars in accordance with § 2a (2), first sentence, point 1, of the Road Traffic Act and for the Driving suitability seminars according to § 4a of the Road Traffic Act and

2.

45 minutes per hour for a driving lesson in practical lessons and for the instruction on the vehicle

. This also applies if prices are indicated in the advertising outside the business premises. The information on the charges and their components as well as on the terms and conditions must comply with the principles of price clarity and price accuracy. (2) The Federal Ministry of Transport, Building and Urban Development shall be determined by Ordinance with the consent of the Bundesrat, the design of the hangout in accordance with the second sentence of paragraph 1 to 5. Unofficial table of contents

§ 20 Ruhen and Erasing of the Driving Licence

(1) The driving licence of a natural person rests, as long as there is a driving ban for the holder under Section 25 of the Road Traffic Act or § 44 of the Criminal Code, the driving licence is taken into custody in accordance with § 94 of the Criminal Procedure Code, seized or confiscated, provisionally withdrawn the driving licence in accordance with Section 111a of the Code of Criminal Procedure or, in the event of a withdrawal from the administrative procedure, ordered immediate enforcement and the suspensive effect of an appeal is not restored. During the rest of the driving licence, the holder shall not make use of the licence without prejudice to the third sentence. The permission authority may allow the continuation of the training establishment if another person is appointed as the responsible manager; for these persons, § 11 (1) No. 1 to 5, subsection 2 sentence 2 and § 11a. (2) The driving licence of a natural If the holder is legally or indisputably deprived of his/her driving licence, or if the driving licence is withdrawn or revoked in an unquestionable manner. If these measures are taken on account of the intellectual or physical defects of the holder of the licence, § 21. (3) If a training company is run by a responsible manager in accordance with the provisions of this law, the Driving licence, if:

1.

a driving ban pursuant to Section 25 of the Road Traffic Act or § 44 of the Criminal Code, his driving licence pursuant to Section 94 of the Code of Criminal Procedure in custody, seized, seized or confiscated, the driving licence pursuant to Section 111a of the Code of Criminal Procedure a criminal procedure is provisionally withdrawn or, in the event of a withdrawal from the administrative procedure, the immediate enforcement order has been ordered and the suspensive effect of an appeal has not been restored, or

2.

the driving licence has been legally or unquestionably withdrawn or the driving licence has been withdrawn or revoked in an indisputable manner.

(4) In the case referred to in paragraph 3 (1), the second sentence of paragraph 1 shall apply accordingly. In the case referred to in paragraph 3 (2) and in the cases of § 11 (2), § 15 (2), § 20 (1) sentence 2, § 21 (4) and 49 (3) after the decision of the responsible head of the training establishment, the driving licence shall be issued if not within for three months another person is appointed to the responsible head of the training establishment in accordance with the provisions of this law. (5) If the driving licence is to be left or to be extinguished, the certificate of enrolment is, if applicable, the certificate of the Permission to operate a branch of the permit authority to be returned immediately. Unofficial table of contents

Section 21 Revocation and revocation of the driving licence, revocation of the branch permit

(1) The driving licence shall be withdrawn if, in the case of its grant, one of the conditions of § 11 has not been fulfilled and no exception has been granted in accordance with section 34 (1). The permission authority may cancel the withdrawal if the defect no longer exists. (2) The driving licence is to be revoked if a later one of the conditions mentioned in § 11 (1) No. 1 second half sentence, No. 2 and 6 and paragraph 2 has fallen away. The holder of the licence shall be unreliable within the meaning of Section 11 (1) no. 1 in particular if he has repeatedly infringed the obligations under this Act or the legal regulations based on him. (3) The driving licence shall be may be revoked if:

1.

the training establishment is not opened within one year after the grant of the licence or is not available for a period of one year, unless it is a driving licence for a licence to be held by the holder for a reason to be taken by the holder. temporary and occasional secondary and occasional training pursuant to § 11a, second sentence, in conjunction with section 2a (1) sentence 2;

2.

the holder of a driving licence for temporary and occasional driving training pursuant to Section 11a, second sentence, in conjunction with section 2a (1) sentence 2, no longer in another Member State of the European Union, another State Party to the Agreement on the European Economic Area or Switzerland is lawfully established;

3.

in the cases of § 11 para. 2, § § 11a, 15 para. 2, § 20 para. 1 sentence 2, § 21 para. 4 and § 49 para. 3 the responsible head of the training establishment repeatedly violated the duties which he/she is based on under this law or in accordance with the law of the person responsible for the training of the institution. Legal regulations are to be found.

(4) The granting authority may, in the event of mental or physical deficiencies of the holder, not be able to withdraw or revoke the driving licence if another person is appointed as the head of the training establishment; (5) The permission to operate branch offices must be revoked if facts are subsequently disclosed which would justify the failure to grant permission pursuant to Section 14 (2). (6) Driving licences withdrawn or revoked, shall also be granted permission to operate the Branch offices. This shall not apply if the driving licence is revoked because the conditions of Section 11 (1) No. 6 are no longer fulfilled. In such a case, the holder of a branch permit may require that the permit for a branch authorised in accordance with section 14 (2) be replaced by a driving licence. (7) After the withdrawal or revocation of the driving licence, the following shall be: Certificate of authorization and, where appropriate, certificates of permission to operate branches, after revocation of a permit to operate a branch office, to return the document of this permission without delay to the authorizing authority. Unofficial table of contents

§ 21a Training School

(1) A driving school in which a driving instructor with a fixed-term driving licence is active (training driving school) may only operate or lead in charge of the driving school

1.

have, within the last five years, a minimum of three years of driving licences which have been awarded to the category B driving licence, and which have been given theoretical and practical instruction in the main occupation,

2.

has been granted a driving licence for at least three years or is acting as the head of the training establishment of a driving school,

3.

on a minimum three-day instruction seminar in an officially recognised instructor training centre or by a professional association of driving instructors, provided that they are designated for this purpose by the competent supreme state authority or by a competent authority, or in accordance with national law, has taken part.

It must also be reliable and provide a guarantee for the proper training of drivers with a fixed-term driving licence. (2) The holder of a training school or the head of a training establishment responsible has to do so. ensure that the training instructor is able to fulfil his obligations under § 9b. (3) The training of driving instructors with a fixed-term driving licence may be prohibited if the holder of the training course or the responsible manager of the training course is Training establishment does not meet the requirements referred to in paragraph 1 or not provides the assurance that it shall comply with the obligations laid down in paragraph 2.

Third Section
Driving teacher training centres

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Section 22 The necessity and scope of the official recognition of instructing training centres

(1) Anyone wishing to become a driving instructor in a driving instructor training institution (instructor contender) shall require official recognition of his/her holding by the authorizing authority. (2) The recognition shall be granted upon request for: The training for the acquisition of the driving licence of individual or all classes. Unofficial table of contents

Section 23 Conditions of official recognition

(1) Official recognition shall be granted if:

1.

there are no facts which make the holder or the responsible head of the management of a driving teacher training place unreliable,

2.

the instructing training centre has a responsible manager who is able to monitor the teaching in a knowledgeable manner and guarantees that the obligations of § 26 will be fulfilled,

3.

the instructing training centre is available to a sufficient number of teachers who are able to provide the teachers with the necessary knowledge and skills in accordance with § 4 in their duties,

4.

the instructing training centre provides the necessary teaching space and the necessary teaching equipment and teaching vehicles,

5.

an appropriate training plan shall be submitted.

The Federal Ministry of Transport, Building and Urban Development, with the agreement of the Federal Ministry of Education and Research, shall issue a permit for subsequent changes to the training plan. (2) The Federal Ministry of Transport, Building and Urban Development shall adopt the following amendments. Federal Council regulations on the necessary requirements for the responsible manager, the teachers, the classrooms, the teaching aids, the teaching vehicles and the teaching design, in particular the training plans and the training plans. Teaching methods of the officially recognised driving teacher training centres. Unofficial table of contents

Section 24 Request for official recognition

(1) In the application for official recognition, the applicant shall indicate the name and address of the instructing training centre. It shall attach to the request:

1.

documents proving the suitability of the responsible manager and a statement as to the professional obligations of the responsible manager in question to be fulfilled;

2.

a list of teaching staff and documents proving the suitability of teachers;

3.

a scale-up plan of the classrooms, with information on their equipment,

4.

a declaration that the compulsory teaching aids are available,

5.

a list of the number and type of apprenticeship vehicles;

6.

the training plan.

The applicant has to apply for a certificate of management for submission to the approval authority in accordance with the provisions of the Federal Central Register Act. The same shall apply to the responsible manager in charge. (2) The application of a legal person shall also be accompanied by a certified extract from the commercial register or register of associations, the application of a non-fictiable association documents relating to the (3) The approval authority shall examine the particulars in the documents referred to in paragraph 1 (3) to (5) in the place and place of the document. Section 33 (1) sentence 2 shall apply accordingly. Unofficial table of contents

Section 25 Grant of official recognition, certificate of recognition

(1) The official recognition shall be given by the handing out or delivery of the certificate of recognition. (2) The certificate must be given the name and address of the officially recognized instructor training institution, the name and address of the holder of the official certificate of recognition. -in the case of natural persons, also the first names and the date of birth and the place of birth, and the indication of which category of motor vehicles the drivers should be trained for and which requirements (3) The Federal Office of the Federal Republic of Germany (Kraftfahrt-Bundesamt) shall keep a list of shall be subject to the name and address of the training centre and the name of the manager responsible, and shall take over the regular publication of the list in the Official Journal of the Federal Ministry of Transport, Building and Urban Development). The permit authority shall inform the Federal Motor Service Office of the information provided for in the first sentence and any changes to this information. Unofficial table of contents

Section 26 General obligations of the holder and the responsible head of the officially recognised instructor training institution

(1) The holder or the responsible head of the officially recognised instructor training centre must ensure that the training provides the legal and technical knowledge and pedagogical skills required for driving instructors. Adequate teaching staff must be available in sufficient numbers. The teaching must be designed and the teaching aids and other equipment of the training centre must be designed and dimensioned in such a way that the teaching objective can be attained. (2) The training must be provided in accordance with one of the following: The approved training plan is to be offered and implemented. An imprint of the training plan (section 23 (1) no. 5) must be handed out to the instructor's instructor before the conclusion of the training contract. Unofficial table of contents

§ 27 Display obligations of the holder of the officially recognized instructor training institution

The holder of the officially recognised instructing training centre shall immediately indicate to the approval authority:

1.

the opening, laying, decommissioning and closure of the instructing training centre,

2.

the appointment and dismissal of a responsible head of the instructing training centre; the notification of the order shall be accompanied by documents proving their suitability and a declaration of the professional duties of the who else has to fulfil the ladder responsible,

3.

changes in teaching staff; the indication of the recruitment of a teacher shall be accompanied by documents proving the suitability of the teaching staff;

4.

Installation, extension or reduction of classrooms,

5.

in the case of legal persons or non-legal associations, as holders of the officially recognised training centre: the appointment or departure of persons who are appointed to represent them by law or by statute; the ad shall be a certified extract from the commercial register or register of associations, in the case of a non-fictiable association, to be accompanied by documents relating to the power of representation of the persons acting for the purpose of the legal proceedings.

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§ 28 Records

(1) The responsible head of the officially recognised instructing training institution shall keep records of the training. The records must contain:

1.

name, first name, date of birth and address of each instructor ' s instructor,

2.

the class of the required driving licence;

3.

the beginning and end of the training period,

4.

Number of lessons, broken down according to the training plan.

(2) The records shall be submitted to the instructor's instructor after completion of the training. They shall be kept for a period of five years by the holder of the training institution after the end of the year in which the teaching has been completed, and the approval authority and the persons or bodies appointed by it (§ 33) shall be kept for five years. Request to be submitted for consideration. Unofficial table of contents

Section 29 Revocation and revocation of official recognition

(1) The official recognition shall be withdrawn if, in the case of its grant, one of the conditions of § 23 has not been fulfilled and no exception has been granted in accordance with section 34 (1). The permission authority can cancel the withdrawal if the defect no longer exists. (2) The recognition must be revoked if one of the conditions of § 23 has subsequently fallen away. In the sense of Section 23 (1) no. 1, the holder or the responsible head of the officially recognised instructor training institution shall be unreliable in particular if he has repeatedly infringed the obligations under that law or (3) The recognition may be revoked if the training establishment is not opened within one year after the grant of the licence or over the duration of a reason for which the holder is responsible for the duration of the training. In addition, the responsible head of the Teacher training institution has repeatedly breached the obligations under this Act or the legal regulations based on it. (4) After the revocation or revocation of the official recognition, the certificate of recognition of the Authorisation authority shall be returned immediately.

Fourth Section
Special provisions

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§ 30 Driving instructors, driving schools and instructor training centres with authorities

(1) The Federal Government, the Länder, the municipalities and other local authorities may set up their own driving schools. (2) The Federal Ministry of the Interior, the Federal Ministry of Finance, the Federal Ministry of Defence, the Federal Ministry of Finance Transport, construction and urban development and the supreme state authorities responsible for the police may order the duties of the authorities and the audit committees to be carried out by the departments of their business units and for the purposes of Driver instructor of its business unit Fahrlehrerausbildungsstätten furnished (3) Driving schools and instructing training centres in accordance with paragraphs 1 and 2 do not require a driving licence and no recognition. (4) A driving licence according to paragraph 2 may only be granted if the applicant meets the conditions laid down in § 2 is fulfilled. There is no legal claim to grant. It may be withdrawn or revoked at any time and shall be cancelled if the holder leaves the public service. In the case of members of the German Armed Forces, the Federal Armed Forces (Bundeswehr) listens with the end of compulsory military service (§ 3 (3) and (4) of the German Military Law) and rests as long as a service relationship does not exist. The driving licence granted in accordance with paragraph 2 shall only entice the holder to train members of the public service on the service contract. § 3 sentence 4 shall not apply. (5) A holder of an unlimited driving licence issued in accordance with paragraph 2 shall apply for a corresponding driving licence pursuant to § 1 in conjunction with § 2, the general provisions shall apply. The examination (§ 2 para. 1 sentence 1 no. 7) is deleted if the applicant has been active in the field of motor-vehicle training in the last two years and if there are no facts which give rise to doubts as to the professional suitability of the applicant. This shall also apply if the application is made within two years of the withdrawal, withdrawal, deletion or entry of the fame of the driving licence granted in accordance with paragraph 2. (6) As regards the seminar permit and the recognition of the licence the institution of prescribed instruction and further training courses (§ 31 (2) and (3), § 33a (2) and (3)) shall apply in accordance with paragraphs 2 and 4. The condition of Section 31 (2) No. 2 shall be deemed to be fulfilled if the holder of a driving licence pursuant to paragraph 2 has, within the last five years, been granted predominantly theoretical and practical driving school instruction. (7) By way of derogation from § 9a, the Applicants for the driving licence of the Bundeswehr, the Federal Police or the police in the class CE will be issued a temporary driving licence, insofar as this is necessary for service reasons. In this case, the training instructor (§ 9b) of the applicant must have been given theoretical and practical instruction within the last five years for at least three years of driving licences which wish to acquire the driving licence of the CE class. (8) The driving licence of the Bundeswehr can be issued in additional classes.

Fifth Section
Seminar permit

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§ 31 Requirement, content and condition of permission to conduct advanced seminars (seminal permit)

(1) Those who carry out advanced seminars within the meaning of Section 2a (2), first sentence, point 1 of the Road Traffic Act, require the seminar permit. The Authority may subsequently order requirements to the extent that this is necessary to ensure compliance with the requirements for advanced seminars and their proper implementation. (2) A seminar permit shall be issued on request if: the applicant

1.

has the driving licence for categories A and BE,

2.

have, within the last five years, been given theoretical and practical instruction to drivers who wish to acquire the A and B classes for three years,

3.

within the last two years, with success in an instruction course consisting of a four-day basic course and additional four-day programme-specific courses for the implementation of seminars according to the Road Traffic Act, has participated.

Participation in an instruction course was successful if the participant participated in all courses of the course and, through active participation, in particular in practice moderations, has shown that he is able to lead seminars is. The authorisation authority shall decide on the existence of this condition on the basis of a statement by the head of the training course. The holders of the courses referred to in point 3 must be recognised by the competent supreme authority or by a body designated by them or by national law. (3) The licence shall be issued by the competent supreme authority of the State or by the competent authority of the State. Permission certificate issued. The granting or erasing of the seminar permit shall be noted on the driving instructing licence. The licence may only be used together with the driving licence or in the context of an employment relationship with the holder of a driving school. The holder or the responsible manager of the training establishment must also hold the seminar permit. (4) The holder of the seminar permit may only provide personal data which has been disclosed to him as a seminar leader for the implementation of the (5) The implementation of the training programme referred to in paragraph 2 (3) shall be subject to supervision in accordance with § 33. § § 7 and 8 (Ruhen, Erdeletion, withdrawal and revocation of the driving licence) shall apply accordingly. (6) The Federal Ministry of Transport, Building and Urban Development may, with the consent of the Federal Council, comply with the requirements of the Federal Ministry for Transport, Building and Urban Development in order to comply with the requirements of Organisers of courses referred to in paragraph 2 (3) as well as their content and timing are defined. Unofficial table of contents

§ 31a Requirement, content and condition of the seminar permit Traffic Education

(1) Anyone who carries out the traffic-educational partial measure of the driving suitability seminar within the meaning of Section 4a (2), second sentence, point 1 of the Road Traffic Act requires the permission (seminar permit traffic education). The competent authority in accordance with the law of the country may subsequently order requirements to the extent necessary to ensure compliance with the requirements for the training seminars and the proper implementation of such seminars. § 7 applies accordingly. (2) The seminar permit shall be issued on request if the driving instructor

1.

at least the driving licence of categories A and BE,

2.

have, within the last five years, been teaching drivers of theoretical and practical training for three years,

3.

in the register of tickets with no more than two points, and

4.

has successfully participated in an instruction course within the last two years,

a)

a four-day basic traffic education course,

b)

a four-day course on the content design of the traffic pedagogical sub-measure of the Driving Event Seminar,

c)

the participation of a complete educational sub-measure of the training seminar and

d)

An independent, supervised by the Head of the Department of a full traffic education submeasure of the suitability of the driving training seminar

.

The seminar permit shall be refused if there are facts which give rise to concerns about the reliability of the applicant. (3) Participation in an instruction course referred to in paragraph 2, first sentence, point 4, was successful if the participant in all of the following cases was successful. Events of the course participated and showed that it is capable of fulfilling the established quality characteristics for the seminar implementation. The competent authority in accordance with the law of the country shall decide on the existence of this condition, taking into account the opinion of the instructor. (4) The seminar permit shall be issued by a note on the driving instructor's licence , the endorsement shall be deleted and shall be deleted. The seminar permit is only allowed to be used together with the driving school permit or in the context of an employment relationship with the holder of a driving school. The holder or the responsible head of the driving school must also hold the seminar permit "Traffic pedagogy". (5) The seminar permit is to be withdrawn if one of the conditions set out in paragraph 2 of this article is granted. has not been located. The competent authority in accordance with the law of the country may depart from the withdrawal if the defect no longer exists. The seminar permit shall be revoked if any of the conditions referred to in paragraph 2 have subsequently been taken away. Doubts about the reliability are in particular when the seminar leader has repeatedly violated the duties which he/she is responsible for under this law or the legal regulations which are based on him. (6) The holder of the seminar permit Traffic education has to store the personal data which has become known to him as the seminar leader of the transport-educational sub-measure, and must be immediately available for five years after the issuing of a compulsory certificate of attendance. delete. The data referred to in the first sentence may

1.

are used by the holder of the seminar permit for traffic education at the latest nine months after the certificate of participation for the implementation of the relevant seminar for the relevant driving suitability,

2.

is transmitted by the holder of the seminar permit to the Federal Agency for Road Transport and used for evaluation in accordance with § 31d,

3.

shall be transmitted by the Federal Road Administration or on its behalf to third parties who carry out or participate in the evaluation in accordance with § 31d on behalf of the Federal Highway Agency, and shall be used by the third parties for evaluation,

4.

The holder of the seminar permit is exclusively in the form of name, first name, date of birth and address of the seminar participants, as well as their signature on the participant list

a)

to the competent authority under national law and to be used by the competent authority for the purpose of monitoring pursuant to paragraph 7;

b)

to third parties who operate a quality system according to § 34 (3) approved by the competent authority and to which the holder of the seminar permit is participating, transmitted and used within the framework of this quality assurance system .

The recipients referred to in the second sentence shall delete the data immediately if they are no longer required for the purposes specified in sentence 2, but no later than five years after the certificate of attendance is issued after the first sentence of 1. (7) The execution of the traffic-pedagogical sub-measure of the driving suitability seminar is subject to the supervision of the authority responsible under national law. Unofficial table of contents

Section 31b Conditions for the implementation of instruction courses in accordance with § 31a, paragraph 2, sentence 1, point 4

(1) In order to carry out instruction courses in accordance with Section 31a (2), first sentence, point 4, the person who is recognized by the competent authority in accordance with the law of the country shall be entitled to take part. The recognition shall be granted on application if the applicant fulfils the following conditions:

1.

Presentation of a training programme to provide the knowledge and skills necessary to take part in the training course of the training seminar in accordance with Section 4a (2), second sentence, point 1 of the Road Traffic Act and of the To implement legislation adopted under the Road Traffic Act,

2.

proof of suitable premises and appropriate equipment,

3.

Proof of the following qualification:

a)

Seminar permit in accordance with § 31a, seminar permit for advanced seminars in accordance with § 31 in the version or seminar permission for advanced seminars according to § 31, applicable until 30 April 2014, and a minimum of three years of experience in the the implementation of one of these seminars, or

b)

Completion of studies in educational science with a diploma at a university or equivalent master's degree, possession of the driver's licence BE and at least three years of professional experience in adult education,

4.

Loading with no more than two points in the travel register and

5.

Participation in an introductory seminar of at least four days for heads of teacher training courses at a institution recognised by the competent authority of the country.

The recognition shall be refused if there are facts which give rise to concerns about the reliability of the applicant. The recognition may also be subject to conditions, in particular with regard to the supervision of the implementation of the instruction courses and the participation in further training measures. (2) The instruction course shall consist of at least out of a four-day basic course and a four-day course in which the contents of the traffic-pedagogical sub-measure of the driving-training seminar are taught. The courses are scheduled to take place on four consecutive days. Their daily duration is eight lessons of 45 minutes each. The number of participants may not exceed twelve. (3) The implementation of the instruction course shall be subject to the supervision of the authority responsible under national law. Unofficial table of contents

§ 31c Conditions for the implementation of introductory seminars for teachers

In order to carry out introductory seminars for heads of training, a carrier is entitled to be recognised by the competent authority in accordance with the law of the country. The official recognition shall be granted on request if the institution has submitted a training programme developed on a scientific basis, with the knowledge and skills necessary to achieve a uniform level of training and training, To ensure quality in the implementation of the instruction courses according to § 31b. The scientific assessment of the training programme may be carried out by the authority of appropriate persons or bodies. The implementation of the introductory seminar is subject to supervision in accordance with § 33 (2a). Unofficial table of contents

§ 31d Evaluation

The fitness seminar, the regulations on this and the implementation, including in particular the instruction courses and introductory seminars, will be scientifically accompanied and evaluated by the Federal Institute for Road Engineering. In particular, the evaluation shall examine whether the fitness seminar has a behavior-improving effect in terms of road safety. Until May 1, 2019 the Federal Ministry of Transport, Building and Urban Development will present the results of the evaluation to the Federal Ministry of Transport, Building and Urban Development in a report for forwarding to the German Bundestag (Bundestag).

Sixth Section
Common rules

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Section 32 competences

(1) This law and the legal regulations based on it shall be carried out by the competent supreme state authorities, by the authorities designated by them or by the bodies responsible under national law. The execution of Section 30 (1), (2) and (6) is the responsibility of the local authorities and authorities mentioned there. (2) Local authority as referred to in the first sentence of paragraph 1 is the first sentence

1.

in matters relating to the driving licence and the licence, the authority of residence of the applicant or the holder of the licence, in the absence of a place of residence, of the place of residence, in the absence of a place of residence and of a residence permit, The place of residence of the intended place of employment or, in the case of § 2a (1), second sentence, of the place where students are to be trained for the first time; the responsibility of the place of residence shall be transferred to the issuing authority of the place of employment, as soon as the Holder of a licence to take up his duties as a driving instructor;

2.

in matters of driving licence, the issuing authority of the seat of the driving school, or under the conditions laid down in § 11a, second sentence, in conjunction with section 2a (1) sentence 2, of the place where driving students are to be trained for the first time or be trained,

3.

in the case of branches, the authority of the branch office of the branch,

4.

In matters relating to training centres, the authority of the seat of the training centre.

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§ 33 Monitoring

(1) The competent authority under national law shall monitor the driving instructors, the driving schools and their branches, the driving instructor training centres and the providers of instruction courses in accordance with § 31b or introductory seminars for the head of the training course in accordance with § 31c. It may use appropriate persons and bodies in accordance with the law of the country. (2) The competent authority in accordance with the law of the country shall have at least every two years in place to check whether:

1.

the training, the training seminars in accordance with § 2a (2) sentence 1 (1) of the Road Traffic Act, the road-pedagogical sub-measure of the driving suitability seminars in accordance with § 4a of the Road Traffic Act and the instruction courses according to § 31b shall be implemented,

2.

the classrooms, teaching aids and teaching vehicles are available and comply with the legal requirements; and

3.

the other obligations under this Act and the legal regulations which are based on it are fulfilled.

The persons responsible for the examination shall be entitled to:

1.

to enter the land and business premises of the holder of the permit,

2.

carry out inspections and surveys there,

3.

To attend the instruction, the advanced seminars in accordance with § 2a, paragraph 2, sentence 1, point 1 of the Road Traffic Act, the partial measures of the traffic pedagogy according to § 4a of the Road Traffic Act and the instruction courses according to § 31b and

4.

to be included in the required records.

The authorisation holder shall make these measures possible. The time limit referred to in the first sentence may be extended to four years by the competent authority of the country, if no or only minor deficiencies have been identified in two successive verifications. (2a) The national law At least every two years, the competent authority shall be held in an introductory seminar for heads of training courses carried out by the institution in accordance with § 31c. It may be used by suitable persons or bodies according to national law. In the case of the Hospitation, it has to examine whether the implementation corresponds to the training programme submitted. (3) The approval authority may submit an official or specialist certificate or an expert opinion to an officially recognised certificate. (4) If the authority which has a driving licence in accordance with § 1 or a driving licence is known, it shall require the competent authority to assess the suitability of a driving instructor. granted by a public authority of another Member State, in accordance with Article 10 of the European Union, another State Party to the Agreement on the European Economic Area or Switzerland, in which the holder of the respective permit exercises the driving instructing activity, notification of a fact, on the basis of which the holder of the licence is subject to Withdrawal or revocation of the authorisation shall be considered, it shall examine the accuracy of the facts transmitted, shall be carried out on the nature and extent of the provisions of this Act or of a regulation adopted pursuant to this Act. measures and shall inform the public authority of the fact that it has forwarded the the measures which it or any other domestic authority shall take on the basis of the fact that it has been communicated. The data on the measures taken by the domestic authority shall be communicated with the proviso that they may only be used, where necessary

1.

for administrative measures in the field of driving instructing law,

2.

for the prosecution of infringements of legislation in the field of driving teacher's law, or

3.

for the prosecution of criminal offences related to the activity of driving instructors.

In so far as the data subject has a legitimate interest in the exclusion of the transmission of the data, the transmission shall not be transmitted, in particular if an adequate level of data protection is not guaranteed in the recipient State. Unofficial table of contents

§ 33a Training

(1) Each instructor has to attend a three-day training course every four years. (2) If he is the holder of a seminar permit in accordance with § 31 (1) or § 31a (1), he shall also annually attend a one-day training of to attend at least eight lessons of 45 minutes each, in which the contents and methods of the respective seminar will be taught. (3) The courses will be carried out on consecutive days. This may be dismissed in the course of the training referred to in paragraph 1, and the duration of the further training shall be four days. The daily duration is eight hours to 45 minutes. In the case of courses referred to in paragraph 1, the number of participants may not exceed the number of participants in the course of courses referred to in paragraph 2. The institution of the courses shall be subject to recognition by the competent supreme state authority or by the body designated by that authority or by national law. (4) If the training obligation referred to in paragraph 1 is violated twice, the competent authority may: Driving licence shall be revoked. If the training obligation is violated twice in accordance with paragraph 2, the appropriate seminar permit may be revoked. (5) The Federal Ministry of Transport, Building and Urban Development may, with the consent of the Federal Council, by means of a legal regulation specify more detailed requirements regarding the content and timing of the courses, as well as the allocation of the courses in exceptional cases. Unofficial table of contents

Section 34 Exceptions

(1) The authorities or bodies competent pursuant to § 32 may derobe from the provisions of § 2 (1) sentence 1, no. 1, 4, 5 and 6, paragraph 3, section 9a (1) sentence 5, section 9b (1), § 11 (1) No. 4 and 5, section 11 (2), § 15 (2), § 21a Article 31 (2) (2) and (3), the second sentence of Article 31a (2) (2) to (4) and the second sentence of Article 31b (1) (2) (2) to (4), as well as the provisions of Article 11 (4) of the regulation. From the legal regulations based on § 23 (2), exceptions to the requirements for the classrooms, the teaching aids and the teaching vehicles can be approved. The exceptions provided for in the first sentence and the second sentence may be approved only if there are no grounds for reasons of road safety. (2) In the cases referred to in paragraph 1, an exception may be granted by:

1.

Article 2 (1), first sentence, No 6, if the applicant proves to have a different training or professional activity of sufficient duration, which may have made it possible for him to acquire the knowledge and skills required for a driving instructor in whole or in part;

2.

Article 11 (1) (4), if the applicant proves another activity of sufficient duration, which may have enabled him to acquire the skills and experience necessary for a driving school manager;

3.

Section 11 (1) (5), if the applicant proves that he has acquired the necessary knowledge in other ways.

(3) The authorities responsible under national law may disregard the recurrent supervision in accordance with § 33 (2) if the bodies or persons referred to in § 33 (1) sentence 1 are a member of the competent supreme state authority or of the competent authorities of the State. of a quality system approved by them or approved by national law. In the case of the sentence 1, the authority of the authority responsible under national law shall remain unaffected for supervision within the meaning of Section 33 (2). (4) The Federal Ministry of Transport, Building and Urban Development shall be entitled by means of a legal regulation with the consent of the Federal Council Requirements for the supervision, quality assurance systems and rules for the implementation of quality assurance. (5) The Federal Ministry of the Interior, the Federal Ministry of Defence and the police responsible for the police the highest national authorities may be responsible for the services of the competent authorities of the Authorize Division to allow exceptions to § 6 (2), § 18 (1) and (2), § 21a (1) (1) and (3), § 26 (2) sentence 2 and the provisions of the legal regulations based on § 11 para. 4, to the extent that this is necessary for service reasons. is. Unofficial table of contents

§ 34a Costs

(1) The costs (fees and expenses) shall be charged for official acts, including examinations and investigations under this Act and in accordance with the legislation based on this law. (2) The Federal Ministry of Transport, Building and Urban development, with the consent of the Federal Council, determines the chargeable facts by means of a regulation with the consent of the Federal Council, and provides for fixed rates, also in the form of time fees, or framework rates. The rates shall be calculated in such a way as to cover the personnel and material costs associated with the act of the official act. The amount of work involved may include the cost of an external evaluation. In the case of official acts, the importance of taking due account of the economic value and other benefits for the fee debtor shall be taken into account. In the area of fees of the federal state authorities, the Federal Ministry of Transport, Building and Urban Development exercises the authorization on the basis of an application or an opinion of at least five countries at the Federal Ministry of Transport, Construction and Urban development. The application or the opinion shall be justified by an estimate of the staff and material costs. The Federal Ministry of Transport, Building and Urban Development may also request the other countries to provide an estimate of the personnel and material costs. (3) In the legal regulation referred to in paragraph 2, it may be determined that the The examination or examination may also be subject to an admissible fee if the examination or investigation without the fault of the examining or investigating body and without sufficient apology by the applicant or applicant at the time of the examination The deadline could not take place. In so far as examinations and examinations are carried out by officially recognised experts or examiners for motor vehicle traffic or officially recognized inspection bodies for the suitability of the vehicle, § 6a (3) sentence 2 of the Road Traffic Act shall apply. accordingly. In addition, the legal regulation may, by way of derogation from the provisions of the Administrative Costing Act, allow for the exemption of costs, cost creditors, the costs of the debt, the extent of the expenses to be reimbured and the cost increase in the up to the 14 August 2013. Unofficial table of contents

§ 35 General administrative provisions

The Federal Ministry of Transport, Building and Urban Development, with the agreement of the Bundesrat, may enact this law and the legal regulations based on it, with the consent of the Federal Council. Unofficial table of contents

§ 36 Administrative Offences

(1) Contrary to the law, those who intentionally or negligently act

1.

, without permission in accordance with § 1 (1) sentence 1, trains a driving student or makes use of the driving licence in accordance with § 1 (4),

1a.

a notification in accordance with § 3b according to sentence 1 or § 12c sentence 1 is not carried out correctly, not in full, not in the prescribed manner or not in time,

2.

a fully-fledgable edition in accordance with Section 36 (1) of the Administrative Procedures Act is not fulfilled,

3.

does not carry the instructor's licence, contrary to § 5 (1) sentence 2 on a trip with a driving student, does not hand over for the examination, does not present in due time contrary to § 5 para. 2 sentence 3 or § 13 para. 3 or contrary to § 7 (3) or § 8 (3) returning in time,

4.

contrary to the second sentence of Article 6 (2), the total daily duration of the practical driving course or, contrary to sentence 3, exceeds the total daily working time or, contrary to Article 16 (2), does not ensure that these periods are not exceeded,

5.

, without permission in accordance with § 10 (1) sentence 1, to train or train a driving student, or to make use of the driving school permit in accordance with § 10 (1) sentence 2 or § 20 (1) sentence 2, or in violation of § 21a (1) sentence 1, a training school operates or manages

6.

, contrary to § 14 para. 1, a branch of the driving school operates without permission,

7.

an obligation to notify in accordance with § 17, also in connection with § 14 para. 3, or § 27,

8.

Contrary to § 19, also in conjunction with Section 14 (3), the fees or terms and conditions of business shall not be disclosed or not disclosed in the prescribed manner,

9.

Contrary to Section 15 (2), also in conjunction with Section 14 (3), a driving school is continuing without having ordered a responsible head,

10.

Contrary to § 18, even in conjunction with § 14 para. 3, or § 28, the prescribed records are not kept, not presented or not stored,

11.

Contrary to Section 20 (5), even in connection with Section 14 (3), § 21 (7) or § 29 (4), a permit or certificate of recognition shall not be returned in time,

12.

, contrary to the first sentence of Article 22 (1), train or train a trainee teacher without being in possession of an official recognition of his or her training place,

13.

Contrary to Article 26 (2), the teaching shall not be offered or carried out in accordance with a training plan approved by the approval authority, or that the training plan shall not be submitted to the instructor's contender before the conclusion of the training contract,

14.

contrary to § 33 (2) sentence 3, also in connection with § 31 (5) sentence 1, § 31a paragraph 7 or § 31b (3), entering the property or business area, taking an examination or viewing, attending classes or at the No retraining or access to records is made possible,

15.

a provision of a legal order issued pursuant to section 6 (3), section 11 (4) or section 23 (2) or of a enforceable order issued pursuant to such a decree law, in so far as the legal regulation is applicable to a the specific facts referred to in this fine, or

16.

does not take part in a training course in accordance with § 33a (1) or (2).

(2) In the cases referred to in paragraph 1 (1), (4), (5), (6), (9), (12) and (15), the administrative offence may be punishable by a fine of up to two thousand five hundred euros and, in the other cases in paragraph 1, with a fine of up to five hundred euros. (3) (dropped)

Seventh Section
Registration

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Section 37 Register and register authorities

(1) The authorities or bodies competent in accordance with § 32 may keep registers (local driving instructor registers) via driving instructors, driving schools and driving instructor training centres. (2) The Federal Office of the Federal Republic of Germany

1.

in the central driving licence register as to whether a driving licence holder is also a driving instructor,

2.

in the register of tickets, the measures, decisions and declarations specified in section 39 (2) in the field of driving instructing law.

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§ 38 Purpose of registration

The entries shall be made

1.

for the determination of the existence, nature and extent of the permits and the official recognitions under this Act, and

2.

for the assessment of the suitability and reliability of the persons to be included in accordance with this Act.

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§ 39 Content of registration

(1) In the Central Driving Licence Register (§ 48 of the Road Traffic Act), in the case of the holders of driving licences registered there, the granting of a driving licence, the date of the licence, and, where appropriate, a time limit, and the date of the licence shall be issued. (2) shall be stored in the Travel Suitability Register (§ 28 of the Road Traffic Act):

1.

Unquestionable claims of a driving licence for failure to pass the examination or because of mental or physical defects,

2.

unquestionable or immediately enforceable revocation and withdrawal of a driving licence;

3.

the resting or erasing of the driving licence;

4.

Waived a driving licence,

5.

Withdrawal of an application for a driving licence after an examination which has not been passed,

6.

a final decision on the grounds of an administrative offence pursuant to Article 36 (1) if a fine of at least one hundred and fifty euros has been fixed against the person concerned,

7.

unquestionable promises or immediately enforceable revocation or withdrawal of the official recognition of a driving teacher training institution and waivings of the official recognition.

The entries shall remain unaffected in accordance with Section 28 (3) of the Road Traffic Act. (3) In the local driving instructing registers, where the local jurisdiction is given in accordance with § 32, the following may be stored:

1.

Driving licences,

2.

-Seminar permits,

3.

Driving school permits and membership of a Community driving school,

4.

Branch authorisations,

5.

the employment relationships of driving instructors,

6.

Training conditions for drivers with a fixed-term driving licence,

7.

work as a training instructor,

8.

operation as a training driving school,

9.

Official recognition of instructing training centres, their owners and managers,

10.

the data transmitted in accordance with Section 42.

A driving licence for temporary and occasional learners ' training in accordance with § 2a (1) sentence 2 shall be issued in the cases of the first sentence of the first sentence of sentence 1 with an addition pursuant to section 2a (1) sentence 2, a driving licence for the temporary and occasional driving licence. In connection with the second sentence of Section 2a (1) of the sentence 2 in the cases of sentence 1 no. 3 with an addition pursuant to § 11a sentence 2 in conjunction with Section 2a (1) sentence 2 in conjunction with Section 2a (1) sentence 2 of the sentence 2 in the local driving instructor's registers. Unofficial table of contents

§ 40 Transmission of data for registration

(1) The authorities or bodies competent in accordance with § 32 shall immediately inform the Federal Government of the Federal Republic of Germany of the data to be stored in accordance with section 39 (1) and (2) and which result in a change or deletion of an entry for the Central Driving Licenship Register. (2) If a driving instructor, a driving school or a driving instructor is active in the area of several licensing authorities, they shall communicate to each other the data stored in accordance with section 39 (3), to the extent that this applies to: the supervision in accordance with § 33 is required. Unofficial table of contents

Section 41 Transmission of the data from the registers

The data stored in the registers in accordance with § 39 may be used by the authorities responsible for

1.

for the prosecution of criminal offences, for the enforcement or enforcement of penalties, in so far as a connection with the activity as a driving instructor, a driving school or a training centre or as the head of a driving school is responsible or driving instructing training,

2.

for the prosecution of administrative offences under this Act and the execution of fine fines and their subsidiary consequences, or

3.

for administrative measures pursuant to this Act or under the legislation adopted pursuant to this Act

, to the extent that this is necessary for the performance of the tasks referred to in Article 38. Unofficial table of contents

§ 42 Reconciliation of the data with the travel suitability register

(1) The Federal Motor Service (Kraftfahrt-Bundesamt) shall examine and determine whether the entries contained in the register of travel registers relate to driving instructors. (2) The data determined in accordance with paragraph 1 on driving instructors from the travel suitability register shall inform the competent authority of the competent authority. Permit authorities. The personal data of the person concerned, the nature and extent of the registration, the date of the action in question, the decision or declaration and the file number of the authority or court shall be communicated. Unofficial table of contents

Section 43 Transmission of data to public bodies outside the scope of this Act

(1) The data determined in accordance with Section 42 (1) in conjunction with Section 39 (2) Nos. 1 to 4 and 6 of this Act or in conjunction with Section 28 (3) Nos. 1 to 3 and 6 to 10 of the Road Traffic Act concerning the driving instructors, shall transmit to the competent public authorities of another Member State of the European Union, another State Party to the Agreement on the European Economic Area or Switzerland, if the person concerned has the right to official proof of his professional qualification within the meaning of Article 3 (1) (b) of the Directive 2005 /36/EC has acquired or last pursued the activity of the driving instructor in Germany. The data shall be transmitted with the proviso that they may only be used as far as is necessary.

1.

for administrative measures in the field of driving instructing law,

2.

for the prosecution of infringements of legislation in the field of driving teacher's law, or

3.

for the prosecution of criminal offences related to the activity of driving instructors.

In so far as the data subject has a legitimate interest in the exclusion of the transmission of the data, the transmission does not apply, in particular if an adequate level of data protection is not guaranteed in the recipient State. (2) The same applies to the Transmission of the data stored in accordance with § 39 within the scope of the purposes of § 38 to foreign public authorities responsible for administrative measures in the field of driving instructing law, § 55 of the Road Traffic Act accordingly. Unofficial table of contents

§ 44 Processing and use of data for scientific and statistical purposes

It is valid for the processing and use of the data stored in accordance with § 39

1.

For the purposes of scientific research § 38 and

2.

For statistical purposes § 38a

of the Road Traffic Act. Unofficial table of contents

§ 45 Data comparison for the elimination of errors

(1) The data stored in accordance with section 39 (3) may be transferred from the authority or body responsible pursuant to § 32 to the Federal Office of the Federal Republic of Germany on the register of driving licences and to the central driving licence register, insofar as this is necessary in order to make mistakes (2) The data stored in accordance with § 39 (1) and (2) may be transferred from the Federal Motor Services Office to the authorities or bodies responsible pursuant to § 32 of the local driving teachers ' registers, as far as is necessary, in order to avoid errors and (3) The transfer referred to in paragraph 1 or paragraph 2 shall be admissible only if there is reason to believe that the data are not properly or incomplete. Unofficial table of contents

§ 46 Processing and use of the data by the recipient

The recipient may process and use the transmitted data only for the purpose for which they have been transmitted to him. The recipient may also process and use the transmitted data for other purposes, insofar as they may also have been transmitted to him for those purposes. If the addressee is a non-public body, the authority to be notified shall draw the attention to it. Processing or use for other purposes by non-public authorities shall require the consent of the notified body. Unofficial table of contents

§ 47 Deletion of data

The data stored on the basis of § 39 are:

1.

10 years after the entry of the indisputable or immediate enforceability in the case of decisions pursuant to § 39 para. 2 nos. 1, 2 and 7,

2.

five years after the entry of the legal force in the case of decisions pursuant to § 39 paragraph 2 no. 6,

3.

5 years after the erasing or termination of the permits, recognitions, legal relationships and the activities pursuant to § 39 (2) (3) and (3) and (3) (3) to (9) or after the statements pursuant to § 39 (2) (4) and (5),

4.

one year after the end of compulsory military service (§ 3 para. 3 and 4 of the German Wehrpflichtgesetz) of the permission holder for data relating to the Federal Armed Forces ' service licence permits,

5.

otherwise following the official notice of the death of the entreated

to delete. § 29 of the Road Traffic Act applies accordingly for the deletion of the data transmitted in accordance with § 42. Unofficial table of contents

Section 48 ErpowerFoundations, Implementing Regulations

The Federal Ministry of Transport, Building and Urban Development shall issue legal regulations with the consent of the Federal Council on the more detailed content, including personal data, of the entries to be stored in accordance with section 39.

Eighth section
Transitional and final provisions

Unofficial table of contents

Section 49 Transitional regime

(1) Persons who are the holders of a driving licence when this law enters into force shall be deemed to be granted the driving licence under this law; the driving instructing licence in accordance with the previous law shall be deemed to be a driving instructing licence in accordance with § 5 of this Act. (2) The driving licence shall apply to natural or legal persons or non-legal persons who, upon the entry into force of this law, train driving pupils or train them by driving instructors who are employed by them in accordance with this law. They shall notify their holding to the competent authority of the granting of their operation by 1 March 1970. In so doing, they shall, if there are several operating points of the driving school, appoint one of them as the main operating point. The other service centres shall be considered as branches. (3) The holders of the driving licence referred to in paragraph 2 who are not driving instructors within the meaning of this Act shall have a different person within a period of two years. to order the responsible head of the training establishment and to notify the approval authority immediately. For these persons, § 11 (1) (1) to (4) and (2) shall apply. (4) In the case of applicants for the driving licence, who completed their training in an officially recognised instructor training centre before 1 November 1987, the following shall apply: in respect of the granting of the driving licence, the provisions of § 2 Nos. 4 and 4a. (5) applicable until that date. (5) Non-compliant associations which have been granted a driving licence before 17 May 1986 may continue to use the driving licence (6) In the case of applicants who have completed their training in an officially recognised In the course of these two years, the granting of the driving licence during the two years before 1 January 1999 shall be subject to the application of a driving teacher training centre or in a position pursuant to Article 30 (2) before 1 January 1999. (7) The driving licences of Classes 3, 1 and 2 issued before 1 January 1999 shall continue to apply to the extent of the permission of the classes BE, A and CE. The class 2 driving licence entitles the holder to train drivers who wish to acquire the class DE driving licence if the driving instructor was entitled to the passenger transport licence on 31 December 1998, applicants in order to train the driving licence for the carriage of passengers for buses and coaches. The driving licences issued by the Bundeswehr before 1 January 1999 shall continue to apply. (8) The driving licences issued before 1 January 1999 shall continue to apply to the extent of the underlying driving licence of the holder or responsible manager. (9) If a legal person, as the holder of the driving licence, has appointed more than one responsible head of the training establishment before 1 January 1999, the legal person shall be entitled to the training establishment in the course of the training provided to him in that (10) If the establishment of a Community driving school has been commended before 1 January 1999, the notification and the presentation of the certified copy shall be made available to the public. of the social contract (§ 17 No. 9) within two years after the said (11) Those who, as holders of a driving school before 1 January 1999, have carried out re-training courses by the driving instructor employed by him without being himself the holder of the retraining permit pursuant to section 31 (1) of this Regulation shall also be required to: (12) (omitted) (13) The recognition of a driving teacher training centre before 1 January 1999 entitles the holder to train instructors of the respective new training centres. Driving instructive class. The provisions relating to the training of instructing teachers pursuant to Article 2 (5) shall be as from 1. (15) The holder of a driving licence who has not yet participated in a further training according to § 33a must comply with the obligation to further education by 1 January 2001. (16) One to 31 March 2008 according to § 2 Paragraph 6 in the version valid until 31 March 2008 shall retain its validity subject to the above paragraphs. (17) Seminar permissions pursuant to § 31 (1) in the version applicable until the end of 30 April 2014, which shall be valid until the end of the period of 30 April 2014. on the expiry date of 29 August 2013, shall be valid until 30 April 2016 Implementation of the traffic pedagogical sub-measure of the training seminar if the holder of the seminar permit before the performance seminar is carried out on an at least three-day training course on the contents of the Participation seminar has participated. The obligation to provide regular training in accordance with § 33a (2) shall be made after participation in this training course. In the case of the first sentence, Section 31a shall apply with the proviso that the condition referred to in Article 31a (2), first sentence, point 4 shall be regarded as being fulfilled by the participation in the training course referred to in the first sentence. Unofficial table of contents

Section 50 Entry into force

(1) This Act shall enter into force on 1 January 2008. (2) § 22 (1) sentence 1 shall enter into force two years after the entry into force of this Act. Unofficial table of contents

Annex EV Excerpt from EinigVtr Annex I, Chapter XI, Area B, Section III
(BGBl. II 1990, 889, 1103)
-measures in respect of the territory which has been acceded (Art. 3 Unification)-

Section III
Federal law shall enter into force in the territory referred to in Article 3 of the Treaty, with the following measures:
...

8.

Driving instructing law of 25 August 1969 (BGBl. 1336), as last amended by the Law of 8 June 1989 (BGBl I). 1026), with the following measures:

a)

The conditions for the granting of the driving licence (§ 2) shall be determined by 31 March 1991 in accordance with the law of the German Democratic Republic, provided that the applicant has commenced the training before the date of entry into effect of the accession.

b)

Until 31 December 1992, the holder of a driving licence issued under the law of the German Democratic Republic (valid driving instructor) is entitled to train driving students (§ § 2, 8).

c)

The restriction referred to in point (b) shall not apply as soon as the holder of the driving licence for a training of at least a total of four weeks is in an officially recognised driving teacher training institution or one of the competent senior National authority recognised authority with success, in particular by means of a theoretical examination in the code of conduct in accordance with the directive of the Federal Minister of Transport of 22 January 1987 (VkBl. 198), has been carried out.

d)

The necessary requirements for the training referred to in point (c) shall be determined by the Federal Minister of Transport without the consent of the Federal Council, after consultation with the competent federal state authorities.

e)

The driving school and branch office permits issued under the law of the German Democratic Republic (driving school support points) remain valid (§ § 11, 14, 21).

f)

The official recognitions issued by the German Democratic Republic (German Democratic Republic) remain valid (§ § 22, 29).

...