Speeding during the probationary period – what can happen now??

–> by florian wehner – published on 5. December 2021
category: fines, driving ban, driving license, probationary period, traffic law

Most drivers have been speeding at least once – intentionally or through carelessness – and have been flashed. For experienced drivers, this is usually only expensive and annoying, but for novice drivers, speeding can become a real problem. In addition to a fine and points in flensburg, there is the threat of a remedial seminar, the extension of the probationary period to 4 years or even the loss of the driver’s license.

Unfortunately, these consequences affect many novice drivers: from an annual 130.000 new drivers license holders get more than 30.000 not without extension and penalties through the probationary period.

But why do traffic violations have such serious consequences for young people and novice drivers?? The reason for the introduction of the probationary period in 1986 was that more than 60 percent of traffic accidents were caused by novice drivers. although the numbers have improved, the accident rate of inexperienced drivers is still very high. novice drivers simply have too little experience with the vehicle and an inadequate perception of danger on the road. Therefore, during the first two years, they should pay special attention and learn to drive their vehicle safely on the road.

But how serious can the lead foot actually be during the probationary period in order to get off lightly?? When do you have to attend an expensive remedial seminar and at the same time accept an extension of the probationary period?? And what can you do to avoid all these negative consequences despite a speeding photo?

1. When does the probationary period begin and end?

The so-called. Driving on probation is regulated in § 2a of the road traffic act (stvg). It applies for a period of 2 years to anyone who has obtained a driver’s license for cars, trucks, buses and motorcycles (classes B, A, C and D) for the first time. moped driving licenses (AM, mopeds) and agricultural and forestry tractors (L and T) are excluded. Once the driving test is passed, the driver’s license is initially issued for two years and the expiration date is noted on the driver’s license.

The probationary period begins with the first acquisition of a driving license. This means that 16-year-olds who have already obtained a scooter license, successfully completed the probationary period of 2 years and then obtain a car license at the age of 18 do not have to undergo a new probationary period. With the driver’s license at 17, the so-called accompanied driving (BF17), the probationary period always lasts 2 years. Therefore, the crediting of the probationary period from another vehicle category does not apply.

By the way: the time limit does not end on the same date as the day on which the driver’s license was obtained, but only with the change to the next day at 0.00 o’clock. So if you have on 31.12.having obtained your driver’s license in 2015, you can toast the end of your probationary period with fireworks just in time for the new year.

2. Speeding and other traffic violations

There are three categories of traffic violations, which are standardized and listed in detail in an annex to § 34 of the driving license ordinance (fev). While violations below the point limit – z.B. While warnings, parking violations or fines of up to 60 euros have no effect on the probationary period, serious traffic violations, which always result in an entry in the central traffic register (flensburg), have consequences for the probationary period. The type of vehicle with which the violation was committed does not matter. Even a misdemeanor with a moped can lead to consequences and measures for the probationary period.

These serious violations are classified in two categories: the more serious A and the less serious B violations. The A category includes all traffic offenses and certain misdemeanors, while the B category includes only the latter. Offenses are treated in accordance with criminal law and may result in a fine or imprisonment and revocation of the driver’s license. Administrative offenses, on the other hand, are punishable by a fine. A driving ban can also be imposed in the case of serious traffic violations.

Driving too fast falls – if no one is endangered or injured – within the scope of the regulatory offense. In the case of speeding, the assessment depends on whether the speed exceeded 20 km/h or more.

• Negligent homicide
• Negligent physical injury
• Dangerous interference with road traffic (z.B. Illegal car racing)
• Concrete endangerment due to serious traffic violations (e.g., driving a car).B. Disregard red traffic lights)
• Coercion in road traffic (z.B. Tight tailgating and flashing lights on the freeway)
• Drug use on the road
• Hit and run after an accident
• Failure to render assistance
• Driving without a license

• Speeding with passenger car of more than 20 km/h
• overtaking in the no overtaking zone to the next vehicle at more than 80 km/h
• Driving on the freeway against the direction of travel
• Grossly reckless behavior in road traffic
• Administrative offenses

• Misuse of license plates
• Parking on streets where no parking permit exists
• Violations of road traffic regulations (e.g.B. obstructing or endangering other road users such as pedestrians or cyclists)
• Violations of operating regulations (e.g.B. Worn tires, exceeding the MOT deadline by more than 8 months)
• Children without a child seat in the car

3. What happens if you get a speeding ticket during your probationary period??

One A or two B violations automatically extend the probationary period to 4 years and lead to the driving license authority ordering a postgraduate seminar. The authorities have no discretion here, so they have to order these measures.

In addition, there is a penalty notice, points in flensburg and possibly a fine. A driving ban. These penalties are identical to those for experienced drivers. However, novice drivers cannot reduce their points compared to experienced drivers.

Depending on how fast you were driving and whether you were flashed inside or outside a built-up area, you may face the following consequences according to the current fine catalog (as of 2016):

4. The postgraduate seminar

The refresher courses for novice drivers can be taken at driving schools with a special license. The driving instructors must have a special additional training to be able to hold these seminars. You can find out which driving schools have this permit by contacting your local driver’s license office. The driving schools set the costs for their seminars themselves. As a rule, however, the fine is between 300 and 500 euros, depending on the region.

The refresher course lasts at least 9 hours and usually extends over at least 2 to a maximum of 4 days. On the one hand, the participants are taught a lot of theory again. In addition, the individual errors that led the participants to the seminar are discussed. Finally, you have to show the driving instructor in a driving test that you are practically experienced enough.

Once the seminar has been completed, you usually have 2 months to prove that you have taken part in it. The deadline can be extended only in special cases, e.g.B., if you were in hospital. If, on the other hand, the relevant certificate of attendance has not been submitted to the driver’s license office in good time, the driver’s license will generally be revoked.

You can appeal against the order of a postgraduate seminar – but the time limit continues to run in the meantime.

5. Shorten extended probationary period again?

Unfortunately, there is nothing you can do about the probationary period extension itself. On the one hand, there is no legal remedy – the possibility of an appeal exists only against the underlying fine, against the postgraduate seminar and against a possible additional driver’s license suspension. On the other hand, the authorities are forced to order the extension of the probationary period as soon as a corresponding violation has become known.

Until the end of 2010, some federal states still offered the possibility of extending the probationary period through advanced training seminars for novice drivers (FSF), z.B. of the ADAC to shorten one year. At the end of 2010, however, this pilot project of the federal government was terminated, so that this possibility no longer exists today.

6. Driving license suspension during the probationary period

A) Driving ban during the probationary period

Very serious traffic violations lead – for beginners and experienced drivers alike – to a driving ban. During this time, when you are not allowed to use your license, the probationary period continues to run.

B) violations during the extended probationary period

If the probationary period has already been extended and the newcomer to the driver’s license nevertheless fails again with an A- or. Two B violations, a warning and a recommendation for voluntary participation in traffic psychology counseling follow in addition to points and a fine.

C) revocation of the driving license

If you violate an A- or two B-standards again despite a follow-up seminar, probationary period extension, points, fines and warnings, your driving license will be revoked. You can appeal against the revocation of the driving license.

The probationary period is then interrupted until a new driving license has been issued. Then continue from the point where it was interrupted.

A new driving license can then only be issued after a ban period of usually three months. However, in most cases the authorities will first issue a so-called "test". The driver is advised to undergo a medical-psychological examination (MPU), without which he or she will not be able to get a new license.