New law on driving licence checks: what section 2e StVG is meant to change

What applies today

So far, the German Road Traffic Act only regulates the penalty: under Section 21 StVG, a keeper is also liable to prosecution if they order or allow someone to drive without the required driving licence, even through negligence alone. How often the keeper must check the driving licence for this purpose is not stated anywhere. Case law has developed a regular check, usually twice a year for vehicles assigned on a permanent basis.

The result is differing expectations among courts, insurers and authorities. This is exactly what the draft aims to end. Its explanatory memorandum expressly mentions the burden on employers and fleet operators active nationwide.

The wording of the new Section 2e StVG

The draft titles the provision “Keeper obligations when a motor vehicle is handed over to another person”. In the version dated 7 October 2026, it reads:

(1) The keeper of a motor vehicle must, before ordering or allowing another person to drive the vehicle, properly satisfy themselves that the other person is entitled to drive the vehicle and that the prescribed driving licence has not been taken into custody, secured or seized under Section 94 of the Code of Criminal Procedure.
(2) To satisfy themselves properly, the keeper must as a rule
1. check the other person’s driving licence by inspection before first ordering or allowing them to drive, and
2. check the other person’s driving licence again by inspection before each further order or permission, if they have, or should have, reason to assume that the other person is not entitled to drive the vehicle or that the prescribed driving licence has been taken into custody, secured or seized under Section 94 of the Code of Criminal Procedure.

The explanatory memorandum summarises it as follows: the keeper checks the driving licence before the first handover and after that only when there is a specific reason. Anyone who proceeds in this way is not acting negligently, according to the draft’s explanatory memorandum.

What can be a reason to check

The draft does not list any cases, and the wording “has or should have reason to assume” will only take shape through the courts. Trade associations and commentaries have so far mainly cited these cases:

• A known driving ban, ongoing administrative fine proceedings with a driving ban looming, or an enquiry from the police or public prosecutor’s office
• Driving licences with an expiry date, such as the lorry and bus categories, which must be renewed every five years
• Driving licences from non-EU countries, which are valid for only six months after taking up residence in Germany
• Indications from within the company, for example accidents, statements by the driver or health restrictions

“Should have” means that what the keeper could have known also counts. An expiry date printed on the driving licence is such a case. Anyone who records and monitors expiry dates is on the safe side here.

What this means for fleets

If the draft becomes law, the rigid obligation to check every six months without a specific reason falls away. In return, two things become more important:

1. The initial check must be documented. Before a new employee or temporary driver makes their first journey, a check is needed with the date, the result and the person who carried it out.
2. Reasons to check must be recognised and followed up. Expiry dates, known driving bans and time-limited foreign driving licences belong in a system that triggers a new check in good time.

The other obligations remain unchanged: further training of professional drivers under the BKrFQG, the ADR certificate for dangerous goods and the driver card. Also check whether your insurer, your employers’ liability insurance association or internal policies provide for regular checks.

What happens next

The draft now goes to deliberations in the Bundestag and Bundesrat. The new Section 2e is due to enter into force on the day after promulgation in the Federal Law Gazette. It was preceded by a draft bill from the Bundesrat (printed paper 21/1386), which had formulated the same idea as an addition to Section 21 StVG. The Federal Government took up the concern and set it out as a separate provision on keeper obligations.

Until promulgation, the existing legal position applies. If you currently check every six months, you should keep doing so until then. We will update this article as soon as anything changes.

How FleetCred supports both approaches

• If a cycle is set, FleetCred automatically requests the initial check for new drivers and then the checks at the set interval, between one and 24 months.
• With cycle 0, FleetCred requests nothing automatically. You trigger the initial check and checks for a specific reason with a click, including on site on a tablet.
• FleetCred monitors the expiry dates of the card and categories, FQN, ADR certificate and driver card in any case and reminds you with your lead time.
• Every record is sealed and available as a PDF, so that you can prove the check at any time.

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.