Is eight children too many
Opinion of the Federal Ministry of Transport and Digital Infrastructure on exemptions for driving licenses
The answer to the question was subdivided into the topics "Driving license" and "General inspection".
Regarding the question of “regular facilitation of the acquisition of a class D1 driving license for families with eight or more children”, the Federal Ministry of Transport and Digital Infrastructure reported the following: The federal government could not create a uniform regulation here, since the implementation of the right to evade driving is a matter for the federal states according to the distribution of competencies in the Basic Law. The cited regulation from Lower Saxony is in this respect not a general exemption, but only includes the authorization to the competent authorities in Lower Saxony to issue an exception after examining the respective individual case.
The Federal Ministry of Transport and Digital Infrastructure emphasizes that the problem is known and that the federal states agreed in 2008 on a uniform procedure for cases in which large families apply for a class D1 driving license without an examination. The criteria listed below are therefore a nationwide uniform approach that the authorities responsible under state law must apply without discretion:
“In the case of new applications, an examination-free issue of a class D1 driving license is possible in the aforementioned cases. However, a narrow standard is to be applied.
- Proof of compliance with the health requirements for the class D1 driving license cannot be dispensed with.
- Sections 23 and 24 FeV apply.
- The driving license is to be limited to journeys that predominantly involve family members.
- If it becomes apparent when the driving license is issued that the number of children in the household will drop to 7 or less in a significantly shorter period than 5 years, a correspondingly shorter period of validity of the class D1 driving license is advocated.
- The vehicle with which the family is to be transported should not be significantly larger than a vehicle that can be driven with a class B driving license. "
Regarding the question of a general special or exceptional permit, according to which the main inspections for these vehicles (i.e. vehicles used to transport families with eight or more children) are not to be carried out after a period of 12 months, but instead every 24 months, the Federal Ministry of Transport shows factual and legal concerns. Because the national regulations serve to implement European law via the EU-wide, regular technical monitoring of vehicles, from which generally it is not allowed to deviate. If individual federal states grant exemptions from this regulation, this is their area of responsibility and each requires an individual examination.
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