Germany
Part 1: Driving with a Disability
Are there any laws or regulations in your country that restrict whether people with disabilities can obtain a driving licence?
Yes,
Section 2(4) of the Road Traffic Act (Straßenverkehrsgesetz, StVG) – extract: Persons who meet the relevant physical and mental requirements are qualified to operate motor vehicles. If the applicant is deemed to be only conditionally fit to operate motor vehicles for reasons of physical or mental impairments, the driver licensing authority shall issue the driving licence subject to restrictions or conditions if this guarantees the safe operation of motor vehicles. Section 2(1) of the Driver Licensing Regulations (Fahrerlaubnis-Verordnung, FeV) – extract (1) Persons who cannot drive safely for reasons of physical or mental impairments may only operate a vehicle if precautions have been taken to ensure that they do not endanger other road users. The duty to take such precautions, namely to equip the vehicle with appropriate devices, to replace missing limbs with artificial limbs, to be accompanied or to wear badges or use distinguishing marks lies with the road users themselves or with a person who is responsible for them. Section 11(1) of the Driver Licensing Regulations (Fahrerlaubnis-Verordnung, FeV) – extract Applicants for a driving licence shall meet the relevant physical and mental requirements. In particular, these requirements are not met if the applicants’ fitness or conditional fitness to operate motor vehicles is ruled out by an illness or deficiency in accordance with Annex 4 or 5. Section 23(2) of the Driver Licensing Regulations (Fahrerlaubnis-Verordnung, FeV) – extract If the applicant is deemed to be only conditionally fit to operate motor vehicles, the driver licensing authority may impose the necessary restrictions on the driving licence or issue it subject to the required conditions. In particular, the driving licence can be limited to a certain vehicle type or a certain vehicle equipped with special devices.
Are there any restrictions on the type of vehicle or adaptation to controls that can be driven by a person with a disability?
Yes,
The rules governing the fitness of persons with restricted mobility to operate vehicles are, for instance, laid down in point 3 of Annex 4 to the Driver Licensing Regulations. However, these provisions only apply as a general rule. Accordingly, in these cases, the driving licence may be limited to certain vehicle types or vehicles that may be equipped with special technical devices according to a medical report, possibly also a medical-psychological report and/or a report by an officially approved expert or examiner for motor vehicle traffic. Regular medical examinations are required, which can be waived as soon as the movement disability has become static. Supplementary and binding driver fitness assessment guidelines form the basis for the abridged statements in the Driver Licensing Regulations. They are published by the Federal Highway Research Institute (Bundesanstalt für Straßenwesen, BASt), which is a research institution and executive agency of the Federal Ministry of Transport and Digital Infrastructure, and can be accessed here: https://www.bast.de/BASt_2017/DE/Verkehrssicherheit/Fachthemen/U1-BLL/B… An extract from the VDTÜV specification sheet 754 “Sicherheitsmaßnahmen bei körperbehinderten Kraftfahrern” (safety measures for physically handicapped drivers) has been implemented in the chapter “Bewegungsbehinderungen” (movement disabilities) in Annex B to the assessment guidelines. It is pointed out that this chapter is currently being revised by a working group of the Federal Highway Research Institute, which has been exclusively established for this purpose. As soon as the work has been completed, the driver fitness assessment guidelines will be updated accordingly.
If you have answered yes to Question 4 above, do the same restrictions apply to a person with a disability visiting your country in their own or a rented vehicle? Please give details
Yes,
The requirements under Annex 4 to the Driver Licensing Regulations concerning the fitness to operate motor vehicles generally also apply to holders of foreign driving licences who are only staying temporarily in the Federal Republic of Germany. If they are deemed to be unfit to conduct a motor vehicle, the driver licensing authority is obliged to withdraw their driving licence. In the case of a foreign driving licence, the withdrawal only has the effect of a deprivation of the right to make use of the driving licence within the Federal Republic of Germany (section 3(1) of the Road Traffic Act in conjunction with the first sentence of section 46(1) of the Driver Licensing Regulations). If the holder of a driving licence proves to be conditionally fit to operate motor vehicles, the driver licensing authority restricts the right to make use of the foreign driving licence within Germany as far as necessary or orders that the driving licence be subject to the conditions necessary. If facts are found which substantiate concerns that the holder of a driving licence is unfit or conditionally fit to operate a motor vehicle, the driver licensing authority may or has to take the necessary clarification measures (invitation to submit a medical or medical-psychological report, and, if required, a report by an officially approved examiner for motor vehicle traffic) under the provisions of sections 11 to 14 of the Driver Licensing Regulations. There are exceptions for driving licences issued in the other EU/EEA countries. Here, the withdrawal of a driving licence is only possible to a limited extent because of the commitment of the Member States to unconditionally recognise driving licences issued by the other Member States.
Please give details of the section responsible in your Ministry for driver licensing and vehicle adaptations for people with disabilities. Please also include any websites which give details of the official national policy.
Name of Department/Ministry: Federal Ministry of Transport and digital Infrastructure
Name of section responsible: Section StV11
email address for queries: [email protected]
Phone number for queries: ++49-(0)228-300-7560/7562
website (s): http://www.gesetze-im-internet.de/stvg/index.html http://www.gesetze-im-internet.de/fev_2010/ https://www.bast.de/BASt_2017/DE/Verkehrssicherheit/Fachthemen/U1-BLL/B…
Part 2: Parking Cards for people with a disability
Does your country have a national scheme of parking concessions for people with a disability?
Yes
Which categories of people with a disability are eligible for the parking card? Please tick all that apply
Wheelchair users,
People with walking difficulty,
People with vision impairment,
Other (please specify):
Whether people with a disability are eligible for the parking card decide the responsible authorities in individual cases.
Are there parking spaces reserved for people with a disability?
Yes
If you have answered yes, where are the reserved parking spaces? (Please tick all that apply)
On street,
In municipal car parks,
Other (please specify):
- near the barrier-free entrances (for example of supermarkets or underground car parks)
What concessions does the parking card give people with a disability? (Please tick all that apply)
Free parking on-street,
Free parking in municipal car parks,
Extended time limit for on-street parking (please give details below),
Other (please specify):
- You may park for up three hours on roads or inzones where waiting is otherwhise prohibited. You have to show the time of arival with a parking disc.
- You may park in parking places reserved for residents up to three hours. You have to show the time of arrival with a parking disc.
- You may park in pedestrian zones if local concessions explicitly allow it. You may park in pedestrian zones, where loading and unloading is allowed during specified times, please check locally regulations in car parks vary, please check park notices or ask an attendant.
Note: These parking concessions only apply if there is no alternative parking option available nearly. The maximum time limit for parking cannot exceed 24 hours.
Are there any regions or cities in your country that do not recognise the parking card, or which have their own, different system?
No
Are the same concessions available to individuals with a disability visiting your country?
Yes
If you have answered yes to Question 13 above, please tell us if there is a formal system of reciprocal recognition of parking cards from other countries?
Yes
If you have answered yes to Question 14 above please tell us
Which countries' parking cards are recognised: EU-model parking card
Are there minimum dimensions for the size of a parking space reserved for a person with a disability?
Yes,
Parking spaces for persons with reduced mobility at rest areas along federal motorways are to be dimensioned in accordance with the recommendations for rest areas along roads (Empfehlungen für Rastanlagen an Straßen (ERS)) of 2011. Accordingly, parking spaces for passenger cars must have a width of 3.5 meters. The set of regulations can be obtained from the Road and Transportation Research Association (Forschungsgesellschaft für Straßen- und Verkehrswesen e. V., FGSV): https://www.fgsv.de/start.html
Statutory requirements for the width of parking spaces that are subject to the State building regulations are generally laid down in the garage and parking space regulations of the federal states.
As a toolkit for all persons involved in the planning, design and operation of facilities for stationary traffic, the Road and Transportation Research Association has published recommendations on facilities for stationary traffic (Empfehlungen für Anlagen des ruhenden Verkehrs, EAR 2005). These contain – among other things – principles and guidelines regarding the width of parking spaces, including disabled parking spaces, depending on the respective layout (crosswise parking, angle parking, lengthwise parking).
Please give details of the section in your ministry responsible for parking concessions for people with a disability
Name of Department/Ministry: Federal Ministry of Tansport and digital Infrastructure
Name of section responsible: Section StV12
email address for queries: [email protected]
website(s): www.bmvi.de
Please include a link to any websites which give details of the official national policy on parking concessions for people with a disability.
N/A
Part 3: Hiring a car if you have a disability
Does your country have any laws which require hire car companies to make adapted vehicles available for people with disabilities to rent?
N/A
Where are such vehicles available? Please tick all that apply
N/A
Please give details of the section responsible in your ministry for laws/policies on adapted hire cars.
N/A
Part 4: Follow up
Please give contact details (email, phone, weblinks) for any sections or organisations which have supplied information for your response to this survey if they are not already listed.
Name(s) of sections/organisations: StB11, StB12
email(s): [email protected]; [email protected]