At the end of the 90's, the legislator changed the legal foundation of the point system, to comply with the needs of the motorists in several ways. One wanted to prevent that drivers being in a phase of heavy strain, for example stress in the job would quickly lose their license and the foundation of their existence without any advance warning. One also wanted to reward those citizens who were ready to critically address their own mistakes. They should have the chance to think about their behavior, correct their faults and this motivation was supposed to be rewarded with the deduction of points. Only those motorists who after repeated admonition did prove capable of learning should be "taken off the road."
On May 1st, 2014, a new fundamental reform of the point system was enacted. It should keep the successful 4-step system of the old regulation, reach for a more just cancellation of the points and ease the legal situation.
The result was a new regulation of the point system which you probably already know. It carries the unconventional name "Fahreignungs-Bewertungssystem" (Assessment System of Traffic Aptitude). I would like to introduce its main features here. You will see that under certain circumstances, you will have the opportunity to deduct one point, if you complete the new „Fahreignungsseminar“ (Traffic Aptitude Seminar) in time and voluntarily. Let us look at it in more detail. You will find the relevant regulations in the "Straßenverkehrsgesetz (StVG) [Traffic Law], and here essentially in the paragraphs 4 and 4a.
Statistics show that still a substantial number of motorists do not have any points in Flensburg. However, humans make mistakes, and thus the legislator decided to distinguish 4 steps relating to traffic violations.
Here no official measures are intended. The motorist has to pay the fine for his infraction, but he will not receive written note by the driver's license office. He can however, and most people don't know this, book a traffic aptitude seminar at his own will and thus reduce his account by one point (up to minimally 0 points). This comfortable possibility can be taken advantage of once every five years. Appropriate seminars are offered together by driving schools and traffic psychologists.
When a motorist reaches 4 or 5 points, the driver's license office will be active the first time. The driver receives a letter where he is told his point account. He will be admonished and get notice of the possibility of a voluntary participation of the traffic aptitude seminar ("Fahreignungsseminar [FES]"), we already heard about. Again, the completion of this seminar leads to a one point reduction.
As you can see, it is worth to be active early on. With a simple form, you can order your point account for free from Flensburg, and thus do something for your driver's license before the driver's license office writes you. Download the form from my website and inform yourself about your actual point account.
Sometimes it takes time before the driver's license office sends out its admonition letter. The motorist may also have collected noticeably more points in the meantime. Here, the legislator has introduced an interesting suspension clause. If the driver reaches more than 6 points, before he receives the letter by the driver's license office, his point account will be reduced to 5 points. This means that you will stay in step 1 of the point system as long as the driver's license office has not given you written notice. Only when this letter is out, the next step comes into effect.
Many drivers benefit from the admonition. They visit the traffic aptitude seminar, get the deduction of one point and do not further considerably violate traffic regulations. Since in the new law* points are not deleted before two and a half years, in some cases even not before five years, it may happen that a driver is collecting 6 or 7 points. Now, the driver's license office intervenes a second time: one last time before the driver's license is withdrawn. The person in question receives another letter, this time with a "warning". He can visit the traffic aptitude seminar at his own will, but he will receive no point deduction any more. The driver's license office is mandated to tell him that with 8 or more points the driver's license will be withdrawn.
To give the motorist a last support and to motivate him to change his problematic attitudes or driving behavior, the legislator had until May 1st, 2014 conceded the possibility of a traffic psychological counseling under §4 Abs. 9 StVG. Who took part in such a counseling once every five years, could reduce his account in Flensburg by 2 points in the evaluation system which was valid at that time. This possibility is unfortunately gone. If you have reached step 2, i.e. 6 or 7 points, you will not get a point deduction even with a voluntary participation of the traffic aptitude seminar. You will then have to prove your reliability as a driver for the next two and a half or five years, that is you may not violate the regulations another time, since then, step 3 including a withdrawal of the driver's license will come into force.
Of course you can still visit a traffic psychologist on your own to better understand the background of your violations and to gain more safety concerning future violations, all of this aiming at not losing the driver's license with another infraction. I will help you in the process and will offer you all of my experience in this difficult and threatening time.
Analogous to step 1, there is a suspension proviso. It may well be possible that the driver accumulates more than 7 points, before the driver's license office sends out its second letter. In this case, the driver's license will not be withdrawn. Rather, the point account will be reduced to 7. Here as well is in effect what you already know. Only when you have received the second letter, will your driver's license be in danger. For then, you do not have any additional buffer.
If the motorist has received both letters by the driver's license office and if he then reaches 8 or more points the "holder of a driver's license is unqualified to drive a motor vehicle and his driver's license has to be withdrawn." (§4 Abs. 5 Nr. 3 StVG).
Your driver's license is gone, and you have no chance to prevent this via a lawyer. Also, a number of unpleasant things will approach you. On the one hand you cannot get a new license before six months after the "effective withdrawal." On the other hand the driver's license institute will make the next move. It will claim that due to your high point state you are unqualified to responsibly drive, and it will order an MPU. You will the not before 6 months, an application to regain your driver's license and a positive MPU be able to drive again. On my page MPU Counseling Points you can read what this would mean to you.
Do not let this happen. React in time. Secure yourself the deduction of one point! Use the traffic aptitude seminar to understand, why you repeatedly have been notified with traffic violations. Let us work together to find out what you can do to permanently keep your driver's license.
A traffic aptitude seminar to deduct one point is possible, if the following requirements are met:
You will probably mainly note that you can claim the point deduction only once every five years.
Tip: Normally, the driver's license office has informed you about your actual point account in the Traffic Aptitude Register. Should you not have this summary, you can have it sent to you for free if you download the appropriate form on my website.
The traffic aptitude seminar consists of two parts: a traffic pedagogical one and a traffic psychological one. The traffic pedagogical part may only be held by qualified driving instructors. Turn to your driving school or ask me for the appropriate reference. In two 90 minutes "modules" you will get interesting information about your own risk behavior, about the recognition of dangers and about the self observation. Dependent on the number of interested persons, this part of the teaching will take place as a singular or group measure.
To get the point deduction, you must also successfully complete the traffic psychological part. Only officially qualified traffic psychologist are allowed to carry out this measure. It consists of two individual sessions 75 minutes each. For both sessions a minimum time period of 3 weeks and a maximum time period of 2 months are scheduled. These key features are binding. Only in justified exceptions may the interval exceed the two months.
Should you have committed a violation in the meantime and now like to take a traffic aptitude seminar to reduce your account by one point before the legal validity of the violation, it is recommended to instantly contact your driver's license office. The person dealing with your case knows the newest legislation and can tell you if in your case a seminar to gain the point deduction is still possible. Please take into consideration that in the details of legal matter or the official interpretation of law changes are always possible. Sometimes, minimal formal mistakes of the adminstration can turn the state of affairs to your advantage. Ringing up your driver's license office is always beneficial, since the administrative authority is obliged to inform you and this obligation is taken seriously.
As you know, a lot of things in our country are regulated by law, and thus you will not be surprised to learn that we have to sign a consultancy contract before the start of the traffic aptitude seminar in the first session. We are talking about a standard text which the professional association has laid down. You can download an example of this contract from my website to know what you have to sign. Such a contract does not only have disadvantages. It binds me to respect your confidentiality. You promise to appear punctually and sober.
Besides that you are fully entitled to say what you think, and you are certainly allowed to criticize "the system". I want to know how you see things, and I want to help you to reconcile you right to free opinion which you still have in our democracy with the necessity to appropriately participate in the traffic.
The professional association has in detail formulated the "aims of the traffic psychological measure" and has thus dictated the consultant a couple of concrete objectives, for example:
If these terms tell you little, I may well reassure you. The psychologist is free to individually interpret these objectives. I claim the right to work with you and your experience and in doing so to use my professional experience. We do not want to be bored, but profit from each other. You report about yourself as a driver or human being. I am listening, and will ponder with you how to make the best out of your situation.
This passage will especially interest you, since the one point shall leave your register as quickly as possible. In the second counseling session, you will receive an officially accepted certificate of participation which you can instantly present your driver's license office. To save time, you can immediately transfer the certificate to the office via fax, but you also have to submit the original. The certificate contains my name and counts as an official document. For it to be valid, the driving instructor has to confirm the visit of the traffic pedagogical module (cf. above) on the certificate as well. With both signatures on one page, you do have a formally correct "Certificate of Participation" according to §44 FeV.
The driver's license office will notify the Kraftfahrt-Bundesamt in Flensburg about the event, and there a point will be deducted from your account. I will hand over to you a form to check your point score. With it you can control a couple of weeks later, if your point has indeed been deducted. You can send this form at any time to Flensburg, and you can also download it from my website.
The traffic psychological measure (module) of the traffic aptitude seminar (§4a StVG) containing 2 sessions lasting 75 minutes each will cost you 250 Euros including the certificate of participation. You will certainly believe me that I prefer helping people to following outstanding bills. Therefore I ask you to bring with you the fee in the first session.
If you are interested in the traffic aptitude seminar gaining the one point deduction, everything is simple. You call me, and have your passport or Identity Card ready. I will write down your personal information, and we can telephonically fix both of the session lasting 75 minutes each for you to know when you will receive the Certificate of Participation. It is important that you book as well the traffic pedagogical group seminar to fulfill both requirements for a successful participation of the traffic aptitude seminar = the deduction of one point.
Don't hesitate! Call me and book the traffic psychological measure of the traffic aptitude seminar. Relieve your traffic register of one point, and work together with me to keep you driver's license. I am on your side! I will have time for you!
(*) For „old cases“ the earlier version of the cancelation paragraph (§29 StVG) is applied until April 30, 2019.