What is the meaning of number 11
(1) Applicants for a driving license must meet the necessary physical and mental requirements. In particular, the requirements are not met if there is an illness or a defect according to Annex 4 or 5, whereby the suitability or the limited suitability for driving motor vehicles is excluded. In addition, the applicants must not have violated traffic regulations or criminal laws either significantly or repeatedly, so that suitability is excluded. Applicants for a class D or D1 driver's license and a driver's license to transport passengers in accordance with Section 48 must also guarantee that they will meet their special responsibility for the transport of passengers. The applicant must prove this by submitting a certificate of good conduct in accordance with Section 30 (5) sentence 1 of the Federal Central Register Act.
(2) If facts become known that give rise to concerns about the physical or mental aptitude of the applicant for a driving license, the driving license authority may order the applicant to provide a medical report in order to prepare decisions on the issuing or extension of the driving license or on the ordering of restrictions or requirements . There are particular concerns about physical or mental suitability if facts become known that indicate an illness or a deficiency according to Annex 4 or 5. The authority also determines in the order whether the expert opinion is from a
- Specialist with a qualification in traffic medicine responsible for the question (Paragraph 6 Clause 1),
- Doctor of the health department or another doctor of the public administration,
- Doctor with the field designation "occupational medicine" or the additional designation "industrial medicine",
- Doctor with the field designation "specialist for forensic medicine" or
- Doctor in an assessment center for fitness to drive who meets the requirements of Appendix 14,
(3) The submission of a report from an officially recognized assessment body for fitness to drive (medical-psychological report) can be ordered to clarify doubts about suitability for the purposes of paragraphs 1 and 2,
- if, after assessing the reports in accordance with paragraph 2 or paragraph 4, a medical-psychological report is additionally required,
- to prepare a decision on the exemption from the regulations on the minimum age,
- in the event of significant abnormalities that were reported in the course of a driving test according to Section 18 (3),
- in the event of a significant violation or repeated violations of traffic regulations,
- in the case of a significant offense related to road traffic or offenses related to road traffic,
- in the case of a serious criminal offense related to fitness to drive, in particular if there are indications of a high potential for aggression or the serious offense was committed using a vehicle,
- in the case of criminal offenses related to fitness to drive, especially if there are indications of a high potential for aggression,
- if the special responsibility for the transport of passengers is to be checked according to paragraph 1 or
- when issuing a new driver's license, if
- the driving license was repeatedly withdrawn or
- the withdrawal of the driving license was based on a reason according to numbers 4 to 7.
(4) The provision of an expert opinion by an officially recognized expert or inspector for motor vehicle traffic can be ordered to clarify doubts about suitability for the purposes according to paragraph 2,
- if, after evaluating the expert opinion in accordance with Paragraph 2 or Paragraph 3, an expert report by an officially recognized expert or auditor is additionally required, or
- in the case of disabilities of the musculoskeletal system, to determine whether the disabled person can safely drive the vehicle with the necessary special technical aids.
(5) The principles set out in Annex 4a apply to the performance of the medical and medical-psychological examinations and the preparation of the relevant reports.
(6) Taking into account the particularities of the individual case and taking into account Annexes 4 and 5 in the order to provide the expert opinion, the driving license authority shall determine which questions are to be clarified with regard to the suitability of the person concerned to drive motor vehicles. The authority informs the person concerned, stating the reasons for the doubts about his suitability and stating the body or bodies considered for the investigation, that he is to undergo the investigation at his own expense and to provide the expert opinion within a period specified by it Has; she also informs him that he can inspect the documents to be sent. The person concerned must inform the driving license authority which body he has commissioned with the investigation. The driving license authority informs the investigating body which questions are to be clarified with regard to the suitability of the person concerned to drive motor vehicles and sends it the complete documents, insofar as they may be used in compliance with the legal prohibitions on exploitation. The investigation is carried out on the basis of an order by the person concerned.
(7) If the unsuitability of the person concerned has been determined to convince the driving license authority, the order to provide the expert opinion is omitted.
(8) If the person concerned refuses to be examined, or if he does not provide the driving license authority with the report it has requested in due time, it may conclude that the person concerned is unsuitable when making its decision. The person concerned must be made aware of this when making the order in accordance with paragraph 6.
(9) Without prejudice to Paragraphs 1 to 8, applicants for the issue or renewal of a driving license of classes C, C1, CE, C1E, D, D1, DE or D1E must provide the driving license authority with evidence in accordance with Annex 5 to determine their suitability .
(10) If the person concerned has participated in a course to remedy identified aptitude deficiencies, a certificate of attendance is usually sufficient to prove the restoration of suitability instead of a new medical-psychological report if
- the relevant course is recognized according to § 70,
- on the basis of a medical-psychological report from an assessment body for fitness to drive, the participation of the person concerned in this type of course is regarded as a suitable measure to remedy his or her aptitude deficiencies,
- the person concerned does not hold a driver's license and
- the driving license authority has agreed to participation in the course according to number 2 before the start of the course.
(11) The certificate of attendance must
- the surname and first name, the date and place of birth and the address of the seminar participant,
- the name of the seminar model and
- Information on the scope and duration of the seminar
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