Tuesday, December 6, 2022

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If you park incorrectly too often, you can lose your driver’s license

A Berlin court ruled that the driver’s license could be withdrawn from a notorious illegal parking driver. Despite his violations, the driver was unreasonable.

A driver who commits more than 150 parking violations in a year is disqualified from driving and his or her license may be revoked. The administrative judge decided it

Berlin (company VG 4 K 456/21). He then dismissed the man’s complaint against the revocation of his driver’s license by the state Office of Civil and Regulatory Affairs.

According to the court, the office learned in July 2021 that 174 traffic offense prosecutions had been conducted against the man within a year. These included 159 parking violations and 15 speeding violations. After hearing the plaintiff, the authorities revoked his driver’s license. Against this he argued that the infringements involving three vehicles in his name had been committed by other persons. He is professionally dependent on the driver’s license.

The administrative court did not accept it. The authority rightly held that the plaintiff was unfit. It is true that minor offenses in road traffic generally should not be considered when assessing fitness to drive. This is different, however, if a driver is “obviously reluctant” to comply with certain rules in the interests of orderly traffic. Here, the number of violations, almost all committed in the residential area, raises doubts about the suitability of the plaintiff.

It also doesn’t matter whether family members are responsible for the violations. Anyone who learns from numerous fines that people who use their vehicle continuously violate the traffic rules and do nothing about it shows “faults of character”. They identified him as an unsuitable road user.

An application for the approval of an appeal against the judgment can be filed with the Higher Administrative Court of Berlin-Brandenburg.

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