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Court cannot ban woman with fake driving license

The Local · 15 Jun 2011, 11:42

Published: 15 Jun 2011 11:42 GMT+02:00

A legal loophole means the Bavarian woman cannot be banned from the Autobahns – because she traded her fake Filipino license for a Hungarian one, and the Hungarian authorities have not withdrawn the one they issued.

Even though her Hungarian license was based on the fake Filipino one, and obtained on false pretences – she did not even live in Hungary at the time – it cannot be invalidated by the Germans, the Bavarian Administrative Court ruled.

She was initially banned from driving after it emerged that she had never passed a test, but the administrative court outlined the legal loophole she had slipped through, and she was let back on the roads.

In general, European Union countries must recognise licenses issued in other EU countries. Germany has not acted upon special provisions which would enable them to reject licenses exchanged from a third country for an EU license.

Germans with convictions for driving under the influence of alcohol or narcotics who have lost their licenses as a result have been known to apply for licenses in Poland to skirt driving bans. In 2008, a court ruled that these licenses must also be recognised.

Story continues below…

DAPD/The Local/mdm

The Local (news@thelocal.de)

Your comments about this article

13:29 June 15, 2011 by lunchbreak
And why not? If my license is ever revoked I'll just print one of my own.
15:04 June 15, 2011 by oneonly
super! while me i have a international driving license and i had my license since 8 years and now because I live in germany I was allow only 6month only to drive and now i must make a new driving license oral and pratical also, I see this very unfair from the German Authorities and there is no logic in this, why I am allow to drive for 6 month and after 6 month I am not allow and I have to make a new test?? Bullshit
15:28 June 15, 2011 by Kanji
If she has fake Filipino drivers license, she must be from Philippines. You can buy fake drivers license easily in Philippines if you got money .... :-)
18:02 June 15, 2011 by jg.
I wonder if her insurance company is aware that this woman has never passed a driving test and whether, if she withheld this information when taking out insurance, they might not honour any insurance claim.

@oneonly: If you come from a non-EU country or a US state, whose driving tests are not seen as equivalent to German driving tests, then you have 6 months in which to take German driving test and get a German license. Given that the list of countries concerned includes places where driving licenses can be bought without actually passing any test, it seems pretty generous to give a 6 month period of grace.

18:26 June 15, 2011 by finanzdoktor
@oneonly: Forget what jg said. Take a quick trip to the Philippines, enjoy the beaches, and purchase a fake driver's license there. Then, return via Poland or Hungary, get a license issued there, and return to Germany with a smirk on your face (cannot be held liable for providing legal advice, since I am not a barrister/lawyer/advocate). Of course, I am being a bit humorous in this.

@jg: Good point. Imagine her insurance company filing fraud charges or increasing her insurance premiums due to this new information? She could probably take them to court for discrimination or harassment, and still get away with it. Then, it would be an incentive for others to follow suit. Right? (Question: Any idea on why US driving tests are not considered up to par for the EU? Mine was rough, as was my wife's. And our kids had to take registered driving courses and tests.)
19:04 June 15, 2011 by rfwilson
Well, here in Vancouver, we have had a rash of rich Chinese immigrants who are hopelessly incompetent drivers and have gotten their licenses by bribing licensing officials. Scary!
23:10 June 15, 2011 by The-ex-pat
Comment removed by The Local for breach of our terms.
23:16 June 15, 2011 by MonkeyMania
Why not a fake license? If German politicians can use fake PHD's attained by plagiarism, then lets all get in on the act. Fake money, fake brand name items from China. Anybody paying over the odds for the "real thing" is an idiot.
23:19 June 15, 2011 by Expat IV
Strange. American military personnel and their families are required to pass a German driving test before being allowed to drive here no matter how long they have had a US drivers' license. They are not even allowed to drive on an American military base with only a US license.
00:25 June 16, 2011 by jg.

"Any idea on why US driving tests are not considered up to par for the EU?"

No - and it apparently varies according to the US state or Canadian province in which a driving license was issued. Licenses from some states can be exchanged for a German license, whilst others require license holders to take theory and/or practical tests.

However, If you went to live in the UK, you can rest assured that all US and Canadian licenses are treated with equal contempt, regardless of the state in which they were issued - all US or Canadian license holders have to take a test in the UK :-)
05:20 June 16, 2011 by arseve
Fake Filipino driving licenses? That is not true..

Nobody sells "fake" driving licenses here. They are all authentic..yes.

If one says you can get a license without taking a driving exam here then THAT IS ABSOLUTELY RIGHT!!! So, that was not a "fake" license because the "genuine" license can be had if you just pay.

Someone said this:

"If you can drive in the Philippines then you can drive anywhere"..one can get a heart attack while driving here.

Someone also said this:

"If you drive in the Philippines you shouldn't drive anywhere else"..almost nobody here follow traffic rules and the cops don't care.
08:53 June 16, 2011 by Dogs_Gonads
This is to all no-EU driving licence holders.

What ever country you are from , just apply for an International Driving Permit.

From the US , you would get it from the American Automobile Association.

Easy and no test required.

Hope that helps.
21:31 June 16, 2011 by AirForceGuy
Political correctness run amock! Hope they don't have bad accidents with any elected officials...
21:35 June 16, 2011 by lordkorner
Its licence,not license...
21:51 June 17, 2011 by Thekla
'License vs Licence' depends upon where you are from.

The spelling of ¦quot;license¦quot; leads to some confusion because the spelling of the noun is different in British and American English. The noun describing an official document that grants you permission to own, do or use something is spelled ¦quot;licence¦quot; in the UK and ¦quot;license¦quot; in the US. However, the verb is spelled "license" in both countries (from Translegal.com)
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