What does a keeper risk who hands a vehicle to a driver without a licence? This page summarises § 21 of the German Road Traffic Act.
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Last updated: · Zevra editorial team · Reviewed by M. Gabal, owner
What does § 21 StVG forbid the keeper to do?
Punished is whoever, as keeper of a motor vehicle, orders or allows a person to drive the vehicle who does not have the required driving licence.
The same applies if the driver is banned from driving under § 44 of the Criminal Code or under § 25 of the Road Traffic Act.
Which penalties does the Act name?
| Case | Penalty |
|---|---|
| intentional act of the driver or the keeper | imprisonment of up to 1 year or a fine |
| negligent act | imprisonment of up to 6 months or a fine of up to 180 daily rates |
| licence document taken into custody, secured or seized | imprisonment of up to 6 months or a fine of up to 180 daily rates |
The third case applies to drivers and keepers, intentionally as well as negligently.
When can the vehicle be confiscated?
- The driver's licence had been withdrawn or driving had been banned.
- A blocking period under § 69a of the Criminal Code had been ordered against the driver.
- The offender was already convicted of such an act within the last 3 years.
Confiscation is also possible for the keeper who ordered or allowed the driving.
What follows for motor liability insurance?
It can be agreed as an obligation not to let the vehicle be used on public roads and places if the driver does not have the prescribed driving licence.
In the event of a breach, the insurer's release from liability is limited to a maximum of 5,000 euros each.
Which further responsibility does the keeper bear?
The keeper must not order or allow the vehicle to be put into operation if he knows or must know that the driver is not fit to drive independently.
The same applies if the vehicle, the load or the occupancy does not comply with the rules.
What does this mean for dealers?
For rental companies and fleets this means: whoever hands over a rental vehicle as keeper allows the driving; for every rental vehicle the driver must hold the required licence.
With Zevra the dealer files registration and deregistration in the dealer portal. Registration costs from 10 € per case, deregistration 2 € net, plus official fees.
- Registering rental cars and taxis: reporting the use and meeting deadlines
- Recourse in motor liability insurance: obligations, purpose of use and maximum amounts
- Keeper liability under § 7 StVG: duty to compensate, maximum amounts and vehicles handed over
- Logbook order in Germany: order, entries and retention for keepers (§ 31a StVZO)
- Carsharing vehicle: definition, marking and parking privileges (Carsharing Act)
- Winter tyre rule: requirements, Alpine symbol and fines for driver and keeper
- Temporary registration proof: valid for 10 days
- Documents posted by the authority: within 6 days
- Digital deregistration: documents from 01.01.2015
- Digital registration: documents from 01.01.2018
- Registration with Zevra: €10 net
- Deregistration with Zevra: €2 net · base fee: €0
Deadlines and cut-off dates according to: Bundesministerium für Verkehr
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- Provisional cover in German motor liability insurance: start, end and duties (KfzPflVV)
- Logbook order in Germany: order, entries and retention for keepers (§ 31a StVZO)
- Keeper liability for stopping or parking offences in Germany: when the keeper bears the costs (§ 25a StVG)
- Individual approval for vehicles in Germany: conditions, expert report and revocation (§ 13 EG-FGV)
- Carsharing vehicle: definition, marking and parking privileges (Carsharing Act)
- Returning an end-of-life vehicle: take-back by the manufacturer, exceptions and recovery quotas
- Recourse in motor liability insurance: obligations, purpose of use and maximum amounts
- Keeper liability under § 7 StVG: duty to compensate, maximum amounts and vehicles handed over
- Winter tyre rule: requirements, Alpine symbol and fines for driver and keeper
- Deregistering a car: disposal declaration, third country and the 7-year period (§ 17 FZV)
- Approving a dismantling facility: certificate, experts and requirements
- End-of-life vehicle rules: administrative offences and fines under § 11
- Handing over an end-of-life vehicle: duties of last keeper, collection point and dismantler
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- Fleet operators
- Rental & car subscription
- Pricing
Sources: Straßenverkehrsgesetz (StVG) § 21 – Fahren ohne Fahrerlaubnis · Kraftfahrzeug-Pflichtversicherungsverordnung (KfzPflVV) § 5 – Obliegenheiten · Straßenverkehrs-Zulassungs-Ordnung (StVZO) § 31 – Verantwortung für den Betrieb der Fahrzeuge · Sources · Vehicle figures: tax, insurance, fines