A doctor certifies that a professional truck driver is fit to drive again. So one might assume he should get his license back – this thought seems natural. Even the report on Michael Rettenbeck and the subsequent discussion on Facebook prompt a closer examination of this question. Because there is a legally decisive step between a medical assessment and the decision regarding driving permission.
The doctor evaluates the health prerequisites. The competent licensing authority decides on the issuance, extension, or reissuance of the driving license. In administrative proceedings, it is also responsible for revocation. An expert opinion can be decisive in this regard but does not replace the authority’s decision. Legally, the issue concerns the driving permission, i.e., the right to drive; the driver’s license is the document that proves this right.
What the doctor clarifies and what the authority decides
If there are doubts about physical or mental fitness to drive based on concrete facts, the licensing authority may request a medical expert opinion. § 11(2) of the Road Traffic Licensing Ordinance (FeV) describes its purpose: it serves to prepare the authority’s decision. According to paragraph 6, it specifies which questions must be clarified in each case. For an existing driving license, these rules apply accordingly under § 46(3) FeV.
The expert therefore addresses a specific technical question: What impact does a particular illness have on the ability to safely operate certain motor vehicles? The examination must relate to its occasion and follow the given line of inquiry. This is required by Annex 4a to the FeV. Also, the findings and the conclusions drawn from them must be understandable and verifiable.
The authority then evaluates the expert opinion together with all other facts relevant to the decision. This does not mean it has free choice as to whether it agrees with a medical assessment. It is bound by statutory prerequisites and must base its decision on a sound factual foundation. A coherent expert opinion cannot be replaced by the personal medical assessment of an administrative officer. If technical questions remain open or findings are contradictory, these must be clarified.
This division of tasks is not a recent development. Already in the judgment of the Federal Administrative Court of 17 November 2016 (Case No. 3 C 20.15), the requirement for an expert opinion is treated as a means to resolve doubts about fitness. The separation between technical assessment and legal decision has long existed; changes to individual regulations or assessment criteria do not alter this.
Why a positive expert opinion does not automatically restore the driver’s license
A positive expert opinion can dispel doubts about medical fitness. However, it initially answers only the questions for which it was prepared. Whether all prerequisites for the requested driving license are met must be examined by the authority in the proceedings. A statement on medical fitness to drive does not automatically clarify other existing doubts about fitness that are independent of it.
After revocation, the previous driving license does not become valid again solely through a new expert opinion. For reissuance, § 20 FeV stipulates that the provisions for initial issuance generally apply, with the special rules specified therein. If all statutory prerequisites are met, the driving license must be issued; this follows from § 2(2) of the Road Traffic Act (StVG). The authority’s jurisdiction thus leaves no room for arbitrary rejection.
Conversely, a doctor does not revoke a driving license through a negative expert opinion. If lack of fitness is established, the licensing authority must revoke the driving license under § 46(1) FeV. In case of conditional fitness, paragraph 2 instead stipulates necessary restrictions or requirements. Therefore, an unfavorable medical finding does not in every case mean that every class of driving license is permanently lost. Additionally, criminal courts may revoke a driving license under the conditions of § 69 StGB.
For professional truck drivers, the driving license class matters
For professional truck drivers, this distinction often determines their livelihood. Anyone wishing to drive a truck again after an illness needs an assessment that refers to the relevant driving license classes. A general statement such as “you can drive again” leaves open for which vehicles and under what conditions this should apply.
The fitness table in Annex 4 to the FeV distinguishes between classes for motorcycles, passenger cars, and other vehicles on one hand, and truck and bus classes on the other. For various illnesses, stricter requirements apply to the second group. Therefore, someone may be medically fit to drive a passenger car while the prerequisites for class C or CE are not yet met. What matters is the specific illness, the findings, and the affected driving license class.
For discussions about individual cases, this means: From the news that a doctor considers someone fit to drive again, one cannot alone determine whether the authority’s rejection is lawful. For that, one would need to know the question addressed, the expert opinion, and the reasons for the decision. Similarly, it would be an oversimplification to say that the doctor took the driver’s license away from the affected person.
The doctor assesses; the authority decides. Both bear responsibility: the assessor for a well-founded technical evaluation, the authority for its legally correct assessment and the decision on the driving license.
