As a rule, an EU driving licence does not replace the MPU (medical-psychological assessment, Medizinisch-Psychologische Untersuchung). Germany only recognises a driving licence obtained in another EU country if you actually had your normal residence (ordentlicher Wohnsitz) there, i.e. at least 185 days a year, and no German ban or withdrawal stands in the way. If you drive with such a licence anyway, you risk criminal liability for driving without a licence.
Why does the EU driving licence look like a shortcut?
The EU driving licence looks like a shortcut because driving licences from other EU states are in principle valid in Germany. § 28 (1) FeV (Driving Licence Regulation, Fahrerlaubnis-Verordnung) allows holders of a valid EU or EEA driving licence who are resident in Germany to drive motor vehicles here within the scope of their entitlement.
The decisive part, however, is in the subsections that follow. There, the regulation sets out when this recognition does not apply. Precisely the cases in which someone wants to avoid an MPU are expressly covered there. Offers that promise a „licence without an MPU“ abroad as a package deal usually do not solve this problem.
What does the residence principle mean?
The residence principle means that a driving licence may only be issued where you have your normal residence. For Germany, § 7 (1) FeV defines this residence as follows: because of personal and professional ties, you usually live in Germany, that is for at least 185 days a year.
The same logic applies to the issuing state. If you only register an address but continue to live and work in Germany, you do not meet this requirement. Courts, including the European Court of Justice, treat such arrangements as a fictitious residence. „Package deals“ with a sham residence therefore generally do not meet the residence requirement.
Under § 28 (4) sentence 1 no. 2 FeV, an EU driving licence is not valid in Germany if the licence itself or incontestable information from the issuing state shows that you had your normal residence in Germany when it was issued. There is an exception only for students and pupils with a stay of at least six months.
Which cases does § 28 FeV expressly exclude?
§ 28 (4) FeV excludes recognition in several cases that are typical for people facing an MPU. The most important at a glance:
| Case under § 28 (4) sentence 1 FeV | What this means |
|---|---|
| No. 2: residence in Germany when the licence was issued | Sham residence abroad, the licence is not valid here |
| No. 3: driving licence withdrawn in Germany | Withdrawal by a court or authority prevents recognition |
| No. 4: court-imposed ban | As long as no driving licence may be issued, the foreign one is not valid either |
| No. 5: driving ban or licence seized | No entitlement as long as this continues |
| No. 6: already holder of a German driving licence when obtained | No recognition |
Under § 28 (4) sentence 3 FeV, numbers 3 and 4 only apply as long as the measure is entered in the driving aptitude register (Fahreignungsregister, „Flensburg“) and has not been deleted under § 29 StVG (Road Traffic Act). The authority can establish the lack of entitlement by an administrative act.
If, after a withdrawal in Germany, you want to use an EU driving licence, under § 28 (5) FeV you need to apply for this. The right is only granted if the reasons for the withdrawal or ban no longer exist. This brings you back to the same question of fitness to drive that the MPU would otherwise clarify.
Does the ban period also apply abroad?
Yes, the German ban period (Sperrfrist) also applies if you take a driving licence abroad. During the ban, no driving licence valid in Germany may be obtained. The court sets the ban under § 69a (1) StGB (Criminal Code) at 6 months to 5 years, in exceptional cases for life.
Something similar applies to foreign driving licences from outside the EU. § 29 (3) FeV also excludes the entitlement if your driving licence was withdrawn in Germany or a court-imposed ban is in place. You can read how ban periods and deletion are connected on the page MPU deadlines.
What happens if you drive anyway?
If you drive with a licence that is not recognised in Germany, you are legally driving without a licence. Under § 21 (1) StVG this is a criminal offence, punishable by imprisonment of up to 1 year or a fine. Negligence is also punishable, in that case with imprisonment of up to 6 months or a fine of up to 180 daily rates.
Under § 21 (3) StVG, the vehicle can also be confiscated, for example if you drove despite a withdrawal or ban. A new criminal offence also worsens your starting position for any later assessment. An original alcohol or points case then becomes a case with additional criminal offences.
Note: This article does not replace legal advice. Whether a foreign driving licence can be recognised in your particular case, for example after a genuine move abroad, is something a specialist lawyer for traffic law (Fachanwalt für Verkehrsrecht) can clarify.
What is the reputable alternative to driving licence tourism?
The reputable way is either to prepare properly for the MPU or to have it legally checked whether it is needed at all. Legally, „avoiding the MPU“ does not mean tourism but checking whether the order can be challenged or whether a deadline has expired and an entry can no longer be used.
Entries in the driving aptitude register are deleted under § 29 StVG, for criminal offences with withdrawal after 10 years. Once an entry has been deleted, it may no longer be used as a basis for assessing fitness to drive. The time at which you apply can therefore decide whether an MPU is needed. This belongs in the hands of a lawyer, not an internet „standard solution“.
The basis for both is the file. You can find out which facts and which question it contains through file inspection at the driving licence authority (Akteneinsicht). The page Do I need an MPU? explains whether an MPU is due in your case at all.
Why is the MPU often the faster route?
The MPU is often the faster route because it can be planned and ends with a driving licence that is valid in Germany. If you start proof of abstinence (Abstinenznachweis) and preparation early, the timetable can be estimated realistically. The detour via another country, on the other hand, costs money and time and often ends in new proceedings.
As a guide, the total cost of an MPU is approx. €1,500–4,000, depending on the reason, the length of abstinence and preparation. There is no guarantee of passing, neither for the MPU nor for any shortcut. What counts is a genuine, documented change.
What you can do now
- Clarify the end of the ban and your entries: note down when the decision became final, the length of the ban and your points (Punkte) balance.
- Inspect your file and read the authority's question.
- Have it legally checked by a specialist lawyer for traffic law whether the order, deadlines or use of entries can be challenged.
- Do not accept offers with a sham residence and do not drive with a licence that is not recognised.
- Plan the regular route and find suitable preparation.
Frequently asked questions
Is an EU driving licence recognised after a genuine move?
A genuine move with normal residence of at least 185 days a year in the issuing state is something different from a sham residence. Nevertheless, a German withdrawal or ban can prevent recognition as long as it is entered in the driving aptitude register. Have your individual case checked by a lawyer.
Can I take a driving licence abroad during the ban period?
No, a driving licence obtained abroad during the German ban does not entitle you to drive in Germany. § 28 (4) FeV expressly excludes recognition in the case of a court-imposed ban.
What happens if I am stopped with an EU driving licence that is not recognised?
You are then legally driving without a licence, which is a criminal offence under § 21 StVG. You face imprisonment of up to 1 year or a fine, and in some circumstances confiscation of the vehicle.
Is there a legal way to avoid the MPU?
The only legal way is to have the order, deadlines and the use of entries checked. If an entry has been deleted under § 29 StVG, it may no longer be used against you. A specialist lawyer for traffic law can clarify this.
