Digital Driver’s Licenses in Germany: A Proposed Amendment Ahead of New Government Formation
Executive Summary
As the current legislative period draws to a close in Germany, the Federal Cabinet is set to consider a legal framework for digital driver’s licenses. However, the ongoing political transition may delay the implementation of this initiative.
Background: A Push for Digitalization
The proposed amendment to the Road Traffic Act, put forward by Minister of Transport Volker Wissing, aims to establish a legal basis for the introduction of digital driver’s licenses as a supplementary electronic document to the physical card license.
According to the coalition agreement of the previous Ampel government, which has since dissolved, a priority was placed on advancing the digitalization of vehicle documents.
Proposed Amendment
The proposed amendment to the Road Traffic Act outlines the following key provisions:
- Legal Basis for Digital Driver’s Licenses: The amendment establishes the necessary legal framework for the introduction of digital driver’s licenses.
- Requirement for Physical Card License: The physical card license remains a prerequisite for obtaining a digital driver’s license.
- Supplementary Nature: The digital driver’s license is intended as an additional document, not a replacement for the physical card license.
- Proof of License: The digital driver’s license can be used as proof of a valid driving license in Germany.
- Data Included: The digital driver’s license contains all the data of a German driver’s license except for the signature.
Implementation Process
The amendment proposes that the Federal Motor Transport Authority (KBA) will issue digital driver’s licenses upon request from holders of valid driving licenses. The KBA will provide an app for this purpose.
Impact on Current Practices
The introduction of digital driver’s licenses will not eliminate the obligation to carry a physical card license while driving a motor vehicle. Law enforcement officials will still have the authority to request the physical document during traffic stops.
Political Transition and Uncertain Future
The impending change in government following the recent federal election may impact the timeline for the implementation of digital driver’s licenses. The incoming government will need to review the proposed amendment under the principle of discontinuity. This means that the new administration may decide to revisit the issue and potentially propose alternative approaches.
Conclusion
The proposed amendment to the Road Traffic Act represents a significant step towards the introduction of digital driver’s licenses in Germany. However, the outcome of the upcoming government formation process remains uncertain, and it is unclear when and how this initiative will be implemented.
