A use interdiction is a act of administration issued by a German authority, with which the use of a right is exeptionally forbidden, if the right cannot be extracted completely.

Driving licence

Use interdiction is the untechnische name for an order order of a driving licence authority to make with which the prohibition is expressed, from a foreign driving licence in Germany use. This prohibition will usually issue with the arrangement of immediate carrying out and corresponds to an extraction of the driving licence.

A use interdiction may not be confounded however with a driving ban, because with a driving ban the driving licence is given only for 1 to 3 months in official Verwahrung and the existence of the driving licence is not affected by it.

Also the use interdiction may not be confounded with a barrier for the redistribution of a driving licence, because the use interdiction is temporally not limited contrary to the barrier, and the imposition of a driving licence barrier only by a criminal court takes place, while the use interdiction is arranged of the However it is to be noted that also - permissible - the extraction of a foreign driving licence has the effect of a use interdiction for the inland by a criminal court.

A use interdiction is justified with an existing foreign driving licence by the driving licence authority with suitability doubts, which refer to those facts, which led at that time to the withdrawal of the German driving licence, or in addition, later after distribution of the foreign driving licence again can have occurred. A driver is considered to submit a positive appraisal as unsuitable, if he refuses, in a period of mostly 2 months, determined of the driving licence authority. That applies however only, if the appraisal were rightfully demanded. Usually a medical-psychological investigation (MPU) of an officially recognized German investigation place is demanded. The period is however often too short, if the concerning already had not prepared before. With an assumed drug and/or alcohol craze often the proof of a look for-free period of 6 to 12 months for a positive MPU is absolutely necessary.

Whether the driving licence authority may only consult with an existing driving licence suitability doubt, which resulted after the distribution of a foreign driving licence, or also older lying in front of it, is at present (spring 2006) in the German iurisdiction disputed. Around concerning this interpretation clarity regarding the present 2. European Union driving licence guideline to attain, was asked the European Court of Justice (EuGH) in Luxembourg for a so-called preliminary ruling, which is still pending at present.

A German authority does not doubt the sovereign act of a distribution of the driving licence of a foreign driving licence authority, but only the individual driving suitability of the owner of the foreign driving licence with a use interdiction by any means, if it itself around old, however still away-working and itself on the road safety affecting suitability doubt - e.g. due to a still existing alcohol illness - acts, which of the foreign driving licence authority at all does not admit were, or there also not to be considered had, because the driving licence authorities make abroad usually no examination of the charakterlichen driving suitability.

Building permit

The public regulations over the validity of structural facilities refer always also to planned later use. When offences and changes the authorities can react by a use interdiction.

The offences can lie in the alteration of a use permitted so far, e.g. commercial use one so far for living purposes of used object. In addition, they can be given by the first illegal use of a vacant property, if a fallow-lying property is e.g. used as parking lot.

Articles in category "Use interdiction"

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