Owner liability cannot lead to a driving ban

If a vehicle owner is affected by a fine, he or she does not need to fear for his or her driving licence.

"A driving ban due to a traffic violation may only be imposed on the driver of a motor vehicle," explains lawyer Christian Demuth from Düsseldorf. "Even if the person concerned has previously persistently violated fine-paying vehicle owner obligations, a driving ban is inadmissible," adds Demuth.

The traffic law expert refers to a ruling by the Higher Regional Court (OLG) in Hamm, which lifted a driving ban against a haulage contractor. The man had been sentenced by the district court because, as the owner, he had operated a truck whose roadworthiness was compromised by faulty brakes and overloading.

Driving ban only in case of breach of duty by the driver

Since he had already been fined seven times in the four years prior to this incident for similar breaches of duty, the District Court considered a driving ban to be appropriate (OLG Hamm, decision of 12 July 2007, 4 Ss Owi 428/07).

"However, the law expressly provides for a driving ban only in cases of a gross or persistent breach of duty by a motor vehicle driver," emphasizes criminal lawyer Demuth, "other possible co-responsible parties who were not driving the vehicle are not covered by the regulation."