3Legal Framework

The Straßenverkehrsordnung (StVO) is the central legal framework governing all road traffic in Germany. Enacted in its current form and regularly updated, the StVO establishes the rules that every road user — drivers, cyclists, pedestrians, and others — must follow. Understanding its basic structure and core principles is essential for the theory exam and for being a responsible driver.

The StVO opens with its fundamental principle in §1: (1) Participation in road traffic requires constant caution and mutual consideration. (2) Every road user must behave in such a way that no other person is harmed, endangered, obstructed, or inconvenienced more than is unavoidable under the circumstances. These two sentences are the foundation upon which every other traffic rule rests. When an exam question is ambiguous, returning to this principle — caution and consideration — will almost always guide you to the correct answer.

The StVO is complemented by several other important legal documents. The Straßenverkehrsgesetz (StVG) is the overarching traffic law that provides the legal basis for the StVO. The Fahrerlaubnis-Verordnung (FeV) regulates driver licensing — who can get a license, how, and under what conditions. The Straßenverkehrs-Zulassungs-Ordnung (StVZO) governs vehicle registration and technical requirements. The Bußgeldkatalog (fine catalog) specifies the exact penalties for traffic offenses.

In practice, traffic rules in Germany come from multiple sources that layer on top of each other. The hierarchy, from highest to lowest priority, is: (1) instructions from a police officer (Polizeibeamter), (2) traffic light signals (Lichtzeichen), (3) traffic signs (Verkehrszeichen), (4) the general rules of the StVO. This means that a police officer's hand signal overrides a traffic light, a traffic light overrides a sign, and a sign overrides the default StVO rules. This hierarchy is frequently tested on the exam and is a common source of confusion.

One particularly important general rule is "rechts vor links" — right before left. At any intersection without traffic lights, signs, or police direction, the vehicle approaching from the right has the right of way. This is the default rule in Germany and applies at most residential intersections. Exceptions include exits from property or field paths (these always yield), traffic circles (when combined with yield sign 205), and roads clearly marked as non-priority.

The German license class system is harmonized across the European Union and uses letter designations (A, B, C, D) with numerical suffixes for subcategories. For the Class B theory exam, you need to understand all classes at a basic level, though detailed knowledge of your own class is most important.

Class B is the standard car license. It permits you to drive motor vehicles with a maximum permissible mass (zulässige Gesamtmasse) of up to 3,500 kg and a maximum of 8 passenger seats (plus the driver). You may tow a trailer up to 750 kg without restriction. Heavier trailers are permitted if the combined weight of vehicle and trailer does not exceed 3,500 kg. Class B automatically includes Class AM (mopeds up to 45 km/h) and Class L (agricultural vehicles up to 40 km/h). An additional code B196 allows you to ride motorcycles up to 125 cc / 11 kW after special training — but only within Germany, not in other EU countries.

Class A covers motorcycles and is divided into four tiers. AM is for mopeds and small scooters (up to 45 km/h, up to 50 cc or 4 kW). A1 covers motorcycles up to 125 cc and 11 kW (minimum age 16). A2 covers motorcycles up to 35 kW (minimum age 18). Full Class A is unrestricted (minimum age 24, or 20 with 2 years of A2 experience). Upgrading between A1 to A2 to A is possible through practical tests only (no new theory exam required) if you have held the lower class for at least 2 years.

Class C covers trucks (vehicles over 3,500 kg) and is divided into C1 (up to 7,500 kg, from age 18) and C (unlimited weight, from age 21 or 18 with professional training). Class CE and C1E add trailer permissions. Commercial truck drivers must also complete professional driver qualification (Berufskraftfahrerqualifikation) and undergo regular medical checks every 5 years.

Class D covers buses (vehicles designed to carry more than 8 passengers) and is similarly divided into D1 (up to 16 passengers, from age 21) and D (unlimited passengers, from age 24 or 21 with professional training). Like truck drivers, bus drivers need professional qualification and regular medical exams.

Every German license issued after January 19, 2013 is valid for 15 years from the date of issue, after which it must be renewed (the license document, not the driving authorization itself — you do not need to retake exams). This is primarily to keep the photo and security features current.

Every person who receives their first driving license in Germany enters a two-year probation period (Probezeit). This is not optional and cannot be waived — it applies whether you are 17 (BF17), 18, 25, or 55 years old at the time you first receive your license. The probation period is one of the most important topics for the exam because it governs the consequences of virtually every violation a new driver can commit.

During the probation period, violations are categorized into two groups: "A-Verstöße" (serious violations) and "B-Verstöße" (less serious violations). A-Verstöße include violations like exceeding the speed limit by more than 20 km/h (outside built-up areas) or 21 km/h (inside built-up areas), running a red light, drunk or drug driving, causing an accident through negligence, tailgating, illegal overtaking, and failure to yield the right of way. B-Verstöße are less severe but still significant: using a phone while driving, not wearing a seatbelt, having tires with insufficient tread depth, exceeding the speed limit by less than 21 km/h, parking violations that endanger traffic.

The consequences follow a clear escalation system. After your first A-Verstoß (or two B-Verstöße), two things happen: your probation period is extended from 2 years to 4 years, and you must attend an Aufbauseminar (advanced seminar). The Aufbauseminar consists of 4 group sessions of 135 minutes each plus one observation drive between the second and third sessions. It costs approximately 250-400 euros and must be completed within the timeframe set by the licensing authority. Failure to attend the seminar within the deadline results in license revocation.

If you commit another A-Verstoß (or two more B-Verstöße) during the extended probation period, you receive a written warning and a recommendation to attend a voluntary traffic psychology consultation (verkehrspsychologische Beratung). This consultation is optional but strongly advised — it is your last chance to demonstrate willingness to change before the final escalation.

A third A-Verstoß (or two more B-Verstöße) after the warning results in revocation of your license (Entziehung der Fahrerlaubnis). This is not a driving ban — it is a full revocation. You must reapply for a new license, which means going through the entire process again: driving school, theory exam, practical exam. And the licensing authority may impose a waiting period (Sperrfrist) before you can even begin reapplying.

An important nuance: the probation period begins when you receive your license, not when you start driving. If you get your license in January but do not actually drive until June, those five months still count toward your probation.

The Flensburg point system — officially called the Fahreignungsregister (FAER), administered by the Kraftfahrt-Bundesamt (KBA) in the city of Flensburg — is Germany's nationwide system for tracking traffic violations. Every driver starts with zero points, and points are added for violations. The more points you accumulate, the more severe the consequences, culminating in the revocation of your license at 8 points.

Points are assigned based on the severity of the violation: 1 point for serious administrative offenses (Ordnungswidrigkeiten) that carry a fine of 60 euros or more and directly affect road safety, 2 points for very serious administrative offenses that also carry a driving ban, and 3 points for criminal traffic offenses (Straftaten) such as drunk driving, hit-and-run, or vehicular homicide.

The consequence thresholds are critically important for the exam. At 4-5 points, you receive a written warning (Ermahnung) from the KBA. This letter informs you of your point total and warns that further violations will have escalating consequences. It also mentions the option to voluntarily attend a driving fitness seminar (Fahreignungsseminar, FES) to reduce your points by 1 — but this option is only available once every 5 years and only at the 1-5 point level. At 6-7 points, you receive a formal admonition (Verwarnung) with the mandatory requirement to attend a Fahreignungsseminar. At this stage, attending the seminar no longer reduces your points — it is simply required. At 8 points, your license is revoked (Entziehung der Fahrerlaubnis). This is automatic and non-negotiable. You must also undergo an MPU (medical-psychological assessment) before you can ever reapply for a license.

Points expire over time, but the expiration periods differ by severity: 1-point violations expire after 2.5 years, 2-point violations after 5 years, and 3-point violations after 10 years. Crucially, the expiration of each entry is independent — new violations do not reset the clock on existing entries. This is different from the old system (before May 1, 2014), where new violations could prevent older ones from expiring.

The Fahreignungsseminar (FES) at the 1-5 point level is the only mechanism for active point reduction. It consists of two modules: a traffic education module (verkehrspädagogische Teilmaßnahme) with 2 sessions of 90 minutes each, and a traffic psychology module (verkehrspsychologische Teilmaßnahme) with 2 sessions of 75 minutes each. The total cost is approximately 400-600 euros, and successful completion reduces your point total by 1 point.

You can check your current point total at any time for free by submitting a request to the KBA in Flensburg (online via their website or by mail). It is advisable to check your points periodically, especially if you have received fines for traffic violations.

Insurance is not just a bureaucratic requirement in Germany — it is a fundamental pillar of the road traffic system. The German insurance framework for motor vehicles consists of three layers, and understanding them is important for both the exam and real-world driving.

Kfz-Haftpflichtversicherung (third-party liability insurance) is the only mandatory insurance. It covers damage you cause to other people, their vehicles, and their property. By law, every registered vehicle must have active Haftpflicht coverage. The minimum coverage amounts set by law are very high: 7.5 million euros for personal injury, 1.22 million euros for property damage, and 50,000 euros for financial losses. Most insurers offer even higher limits. If you cause an accident, your Haftpflichtversicherung pays for the other party's damages. Your own vehicle's damage is NOT covered by Haftpflicht.

Teilkasko (partial comprehensive insurance) is optional and covers damage to your own vehicle from events outside your control: theft, fire, glass breakage, storm/hail damage, flood, animal collisions (typically deer, boar — check your policy for which animals), and lightning strikes. Teilkasko does NOT cover damage from accidents you cause yourself.

Vollkasko (full comprehensive insurance) includes everything in Teilkasko plus damage to your own vehicle from accidents you cause (self-inflicted damage) and vandalism. Vollkasko is typically recommended for new or high-value vehicles and during the first few years after purchase. Both Teilkasko and Vollkasko are entirely optional — only Haftpflicht is legally required.

In the event of an accident (Verkehrsunfall), German law imposes specific duties. You must stop immediately (§142 StGB), secure the accident scene (warning triangle at 100m on Autobahn, 50m on rural roads, immediately visible in urban areas), render first aid to any injured persons (§323c StGB), call emergency services if anyone is injured (112), and exchange personal and insurance information with the other party. For minor accidents with no injuries and only property damage, you must still stop and exchange information. If the other party is not present (for example, you hit a parked car), you must wait a reasonable time (courts typically consider 20-30 minutes reasonable) and then report the incident to the police.

Hit-and-run (Unfallflucht / Fahrerflucht, §142 StGB) is a criminal offense in Germany — even for minor damage. If you damage another vehicle, a fence, a mailbox, or any property and leave the scene without enabling the identification of your person and your vehicle, you commit Unfallflucht. The penalties are severe: up to 3 years imprisonment or a fine, 2-3 points in Flensburg, driving ban or license revocation, and — crucially — your own insurance may refuse to cover the claim. Many people do not realize that even hitting a parked car's side mirror and driving away constitutes Unfallflucht. The correct action is always to stop, wait, leave a note with your contact details if the owner does not appear, AND report the incident to the police.

An accident report (Unfallbericht) should be completed at the scene whenever possible. Use the European Accident Report form (Europäischer Unfallbericht) — keep one in your glove compartment. Both parties sign it, and it documents the circumstances while memories are fresh.