Contents
When the obligation applies
The obligation falls on the keeper, that is, the person in whose name the vehicle is registered and who uses it on their own account. For company cars, pool vehicles, vans and lorries, this is almost always the company, and usually also for leased vehicles. If an employee drives their own car on business, they are the keeper themselves.
It does not matter whether the vehicle is assigned permanently or just for one journey. Particularly with pool vehicles and changing drivers, a proper check is important.
What the keeper risks
A keeper who deliberately allows someone to drive without a driving licence faces imprisonment of up to one year or a fine under Section 21 (subsection 1) StVG. In cases of negligence, that is, where the keeper could have recognised that the driving licence was missing, the penalty is up to six months or a fine of up to 180 daily rates.
Insurance cover is also affected: if a driver without a driving licence causes an accident, the motor liability insurer pays the injured party but can seek recourse from the keeper. In comprehensive cover, protection may lapse entirely.
Who carries out the check
Management does not have to carry out the check itself. It can delegate it to the fleet manager, dispatch or line managers. What matters is a clear, preferably written allocation of responsibility, a deputy for holidays and sickness, and that those appointed know what to look for. Management should spot-check that the checks take place.
What matters in the check
- The original in hand or as a live recording, not a copy and not a stored photo
- Name and photo match the driver
- The category matches the vehicle, for example C for lorries over 7.5 tonnes
- Expiry date of the card (field 4b) and of time-limited categories (back, column 11)
- Conditions and codes in column 12, such as 01 for corrective lenses or 78 for automatic transmission
- Record the date, the result and the person who carried out the check
This can be done electronically by smartphone: the driver photographs the card live, the software matches the details, and an authorised person approves it. Our page on electronic driving licence checks describes it in the same way.
How often
There is currently no fixed deadline in the law; a check twice a year is customary. A draft bill from October 2026 is intended to make a check before the first handover, and afterwards when there is a reason, the rule. We explain both in How often must the driving licence be checked? and New law on driving licence checks.
Being able to prove it
In a worst-case scenario, you must be able to show that you carried out the checks. A record for each check with the date, the result and the person who carried it out is enough for this. Store only what is necessary; a permanent copy of the driving licence is usually too much. More in Driving licence checks and data protection.
This article gives an overview and is not a substitute for legal advice. For your individual case, please ask your legal department, a specialist lawyer or your trade association.