Recognition of courses to restore fitness to drive
If you wish to run courses to restore the fitness to drive of drivers who have committed alcohol or drug-related offences, you need to be recognised by the competent authority under Land law. Recognition is granted upon written application by the provider for its agencies, its courses for restoring the fitness to drive of drivers who have committed alcohol or drug offences and its course instructors. Recognition may be subject to ancillary provisions, in particular conditions, in order to ensure the prescribed existence and proper operation of the institution and its centres.
Section 70 in conjunction with Annex 15 of the Ordinance on the Admission of Persons to Road Traffic (Driver's Licence Ordinance - FeV)
Fee Regulations for Road Traffic Measures (GebOSt)
The following documents must be enclosed with the application:
- Evidence of the legal form of the institution, name of the legal entity,
- information on the organisation and management of the institution, its activities and its relations with a higher organisation,
- the addresses of all the establishments in which courses to restore fitness to drive are to be held, in the area of responsibility of the recognition authority concerned,
- where other recognition has already been granted, a list of existing recognition decisions, indicating the recognition authority, file number and date of recognition
Recognition is granted if
- the financial and organisational capacity of the provider is guaranteed,
- the personnel and material/spatial equipment is ensured,
- course instructors
a) a university degree in psychology or an equivalent Master's degree in psychology,
(b) a course in traffic psychology given by a university or equivalent institution or by a body responsible for assessing or restoring fitness to drive.
fitness to drive,
(c) knowledge and experience in the examination and assessment of the fitness of drivers; and
(d) demonstrate training as a course leader in the restoration of fitness to drive. - course instructors meet the requirements for maintaining the course instructor qualification,
- the provider of courses for the restoration of fitness to drive is not at the same time a provider of driving training measures or a provider of assessment centres for fitness to drive,
- the scientific basis and the suitability of the courses have been confirmed by an appropriate independent body,
- the provider of courses to restore fitness to drive proves that the requirements have been met by means of an expert opinion from the Federal Institute.
Fees and expenses are incurred, the amount of which is determined according to the administrative effort and the economic benefit for the applicant, is laid down in the Gebührenordnung für Maßnahmen im Straßenverkehr (GebOSt) and is set by the recognition authority. In the annex to the GebOSt, a fee range of 128.00 Euro to 2,556.00 Euro is provided for under no. 214.4.
The application must be made in writing and signed by a person authorised to represent the institution.
There are no deadlines to be observed.
According to the Code of Administrative Procedure, the time limit for an appeal or other remedy begins to run only if the party concerned has been informed, in writing or electronically, of the appeal, the administrative authority or court before which the appeal is to be lodged, the registered office and the time limit to be observed.
As a rule, the legal remedy is to bring an action.
Recognition is limited to a maximum of ten years, and is extended on application for a maximum of ten years in each case. The effectiveness of the courses must be demonstrated after 6 years at the latest in an assessment procedure (evaluation) carried out according to the state of the art. The courses are to be re-evaluated regularly after their first evaluation, at the latest every 10 years.
The text was automatically translated based on the German content.
Lower Saxony Ministry of Economic Affairs, Labour, Transport and Digitalisation
09.02.2021
The responsibility lies with the Lower Saxony State Authority for Road Construction and Transport