Spanischer Führerschein trotz ausstehender MPU Einstellungen

[Vicesaatt]

Hi there,

I'm Pablo, first of all I can tell you that my command of German is very bad and excuse me but I have to write to you in English, I hope this doesn't pose a problem and you can help me. They can answer me in German without problem, to read it is easy for me, not to write it!

Searching the forum I have looked for something similar to avoid asking the question but I have not found anything, perhaps there is a similar topic that I have overlooked.

I am Spanish, I am 32 years old and I have lived in Germany for about 6 years. About 4 years ago I changed my Spanish driving license for German, since I wanted to save the trip to Spain to renew it.

I tell you, in February 2020 I returned home from having a few drinks with friends and took a rental e-scooter home, unaware that here in Germany going with a drunk scooter is like going by car.

There I found the funny thing that they took away my license for going with a e-scooter ... 8 months of ban on driving passed and I went to ask for my license again and to my surprise they asked me for an MPU. What is that?

I found out what an MPU is and basically I have neither the time nor the desire to do it, apart from the money it costs and that would be in German, a language that I do not control.

Being Spanish and being registered as a resident in Spain as well, since I reside more than 6 months in Spain per year. I know I can get my Spanish driving license again
In Spain without any problem, since there is no such thing as MPU nor do I have a judicial sentence that avoids me to drive, since the 8 months have already passed.

The question is, I will get my Spanish driving license again in a few weeks (also European and valid to circulate in Germany as a German driving license). Is there a law that prevents me from driving in germany with a Spanish driver's license even though I have a pending MPU in Germany?

Thank you very much and greetings , this forum is very helpful

[RickeyHouse]

Yes of course.The important thing is,you can only drive in Germany if you have acquired new exams in any EU country. But with the old driving license, which you got back in Spain without new exams, you are not allowed to drive in Germany, it would be a criminal offense. Do you have the same number or german Date in the Spanish drive license again?
What was the alcohol level in the control?
An e-scouter is a motor vehicle and not a toy.

[Vicesaatt]

Its going to be a new driving license. So you say its not going to be a problem? Thats fantastic.

Alcohol level was 1.97. I didnt know that e-scooter in Germany is considered a car haha that was the problem, i didnt drive in my life a car with alcohol

[RickeyHouse]

You need a new driving-license with new theoretical and practical exams and other numbers and current date.
If this is just a changed driver's license with no new tests and old date of the original license, it will not be accepted in Germany.

[Gast_Georg_g_*]

Its going to be a new driving license.

Unfortunately not in the required manner. In German law, there is a distinction between the right to drive a motor vehicle (i.e. the authorization, the permission) and the document which proves the permission. The former is called "Fahrerlaubnis", the latter is called "Führerschein".

Since your spanish driving license has never been revoked ("retirada del permiso de conducir"), you will not have to apply for a new authorization in Spain, but only for a renewed document. This document will not legitimate you driving in Germany.

[Vicesaatt]

Hi. Thanks for your reply. But I didnt said that i made new teorical exam in spain and im going to do the practical one in one week. My old driving licence was german because i exchanged it.

Does it change what you said?
Thanks!

[Gast_Georg_g_*]

You have already done the written exam and you will do the practical exam in a week? I don't think that this was necessary as your spanish driving license didn't become invalid when you exchanged it into a german license. But if so, it may change the situation as it would be considered as a newly obtained driving license (and not only a renewed document).

@all: Wer weiß denn, was man machen muss, wenn man seinen spanischen Führerschein prüfungsfrei in einen deutschen umschreiben ließ und dann später wieder einen spanischen möchte? Ich hätte eine Regelung analog zur deutschen vermutet, d.h. dass die ursprüngliche Fahrerlaubnis immer noch gültig ist. Kann es denn sein, dass man in Spanien dann eine neue theoretische und praktische Prüfung ablegen muss? Und zählt das dann als Neuerteilung? Kann ich nicht so recht glauben ...

[treysis]

@all: Wer weiß denn, was man machen muss, wenn man seinen spanischen Führerschein prüfungsfrei in einen deutschen umschreiben ließ und dann später wieder einen spanischen möchte? Ich hätte eine Regelung analog zur deutschen vermutet, d.h. dass die ursprüngliche Fahrerlaubnis immer noch gültig ist. Kann es denn sein, dass man in Spanien dann eine neue theoretische und praktische Prüfung ablegen muss? Und zählt das dann als Neuerteilung? Kann ich nicht so recht glauben ...

I think this is just "slipping through the system". Maybe Spanish authorities didn't realize that @Vicesatt still has a valid Spanish permission and will probably just issue a new one. Not sure about the legal consequences. Also, not sure if it could be different because Spain demands regular health examinations for renewing a license and might probably revoke the permission. I guess we won't find out until this case is decided by a court (which will not happen if nobody realizes the situation).

This is the application form:
https://sede.dgt.gob.es/sede-estaticos/Gale...4/Mod.04-ES.pdf

At the end of the first page it reads:

El solicitante declara no estar privado por resolución judicial del derecho a conducir vehículos de motor y ciclomotores; no hallarse sometido a suspensión o intervención administrativa del permiso o licencia de conducción; no ser titular de un permiso de conducción de igual clase expedido en otro Estado miembro de la Unión Europea o en otro Estado parte del Acuerdo sobre el Espacio Económico Europeo, ni haber sido restringido, suspendido o anulado en otro Estado miembro el permiso de conducción que poseyese.

Translated with Google Translate:

The applicant declares not to be deprived by judicial resolution of the right to drive motor vehicles and mopeds; not be subject to suspension or administrative intervention of the driving permit or license; not be the holder of a driving license of the same class issued in another Member State of the European Union or in another State party to the Agreement on the European Economic Area, nor have the driving license that possessed.

From reading this, applying for a new Spanish license would mean you have to lie on the application form. Probably this means that if they issue you a new license you're walking on thin ice as this license will not be legal, but also probably nobody will ever notice. But never say never.

[Vicesaatt]

Hi all,

You were right ... today I was notified that it is not possible to obtain another driver's license in Spain, since the previous one is suspended in Germany ... The alarm jumped in the system. So I did my theory test for nothing. Speaking today with the Spanish traffic agency they tell me that it is impossible to obtain another license in Spain if the previous one still exists in Germany, although it is suspended.

The question now is. Is there any possibility to renounce the license that is suspended in Germany, so not exist anymore? So it does not appear in the system that it is suspended and allow me to obtain a new one in Spain or have I reached a dead end with no return?

Thanks!!

[Gast_Panzerkroete_*]

Your german licence should not be suspended but revoked. This is quite a difference.

However it does not make a difference overall, see artículo 7f del BOE-A-2009-9481

It really looks like you slipped through the system. You should talk to a lawyer.

[RickeyHouse]

You have to sign a waiver, it should also be possible in Spain.

[Kai R.]

why not do the MPU? It should be possible to do it with a translator. The preparation you can do using this forum, we can help you in the english language.

How high was your degree of alcoholisation? The MPU is demanded only if you are above 1,6%o and that does point to a problematic pattern of alcohol abuse. Maybe you can learn something for yourself. Tell us a little more how it all happened, how much you had to drink and what you have changed since then.

[treysis]

You have to sign a waiver, it should also be possible in Spain.

But will this change anything for when he applies for a new license? The authorities will still query the records and see that his license has been suspended in Germany and accordingly reject his application. The question now should be whether he should try to get relieved from the revocation in Spain or in Germany.

[Kai R.]

As long as the autor actually lives in Spain (i.e. is registered there and spends more then 50% of his time there), spanish authorities have to issue a new license, because german authorities are just not responsible. According to european law, drivers licences are always issued by the country in which the applicant lives. Under which conditions and in which timeframe spanish autorities would issue such a license is dependent on spanish law. In Germany, the way to a new license would go through an MPU. I do not know if there is a similar mechanism in Spain.

But maybe Vicesaatt would first tell us in which country his center of living actually is.

[roterBlitz]

How high was your degree of alcoholisation?

Alcohol level was 1.97.

[treysis]

But maybe Vicesaatt would first tell us in which country his center of living actually is.

I am Spanish, I am 32 years old and I have lived in Germany for about 6 years. About 4 years ago I changed my Spanish driving license for German, since I wanted to save the trip to Spain to renew it.

[...]

Being Spanish and being registered as a resident in Spain as well, since I reside more than 6 months in Spain per year.

So it's Spain. That is, unless he's a student. I still feel EU law still isn't able to always deal with people's reality in many cases.

[Vicesaatt]

Hello to all,

Thank you very much for the help everyone. It's been almost a year and a half since I wrote here and in Spain after 2.5 years have passed since the police caught me with a drunk scooter, they have returned my driving license as if I were renewing mine original obtained in November 2006 I already have the plastic with me and it marks that date, only as if it had only been renewed. In the Spanish traffic agency they told me that they give it to me because there is no record of any German license as it appeared until 2.5 years ago....

My question is first, if I can drive again in Germany, as i can do it now everywhere in Europe?


If the police stop me and they tell me that this card is not valid. What could I face? Would they have the right to requisition my Spanish license?

Im still in the same situation living in spain and in germany 6-6 months and “angemeldet” in both countries.

It would be a good idea to go to the FS and ask there? Or better not to ask?

Greetings and thank you

[Vicesaatt]

Hello people,

I have read many posts on this forum with cases of people who had a card from Belgium or Poland or from other EU countries. and it was withdrawn in germany for drugs or alcohol at the wheel but of course that was a foreign license within germany. The driver's license returns to the country of origin of the affected person and it is returned to him after the period of the block established by a court in Germany. Then this person goes back to germany and finds that he has this other block after the block of a court that only exists in germany that he has to pass that MPU test and he is not fit to drive despite having his EU license back.

So far I understand this perfectly. License back with date in the back that it was obtained before the problem happend in Germany. My question is if my license was originally Spanish and then in 2016 it became a German license and that license was "withdrawn" or "suspended" or "cancelled" (the truth is, I don't know what states have been following over the months in the German system). Of course, now that license, which was German, has been returned to me again by a Spanish one as it was originally, but of course, according to the Spanish authorities, that license no longer existed in the sustem that they have to check the data in Europe.

I don't know if I explained myself well if there would be any difference because that license was German and now the same one comes back but in Spanish format.

Greetings and thank you very much, I'm sorry for the language but it is still impossible for me to write something complicated to write correctly in German and with such technical terms.

[Kai R.]

if you live in spain for more than half of the year, you can obtain a legal driver licence in Spain and this would be valid everywhere, even in Germany. If you come to a police control, they would of course find out that your german licence is revoked, but so far your spanish licence is valid.

[Vicesaatt]

Hi Kai,

Thank you very much for your answer. So you say that even though
put on the license from behind Nov. 2006 would not have problems in a police control?

Thank you