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  #41  
Old 20.01.2020, 16:02
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Re: Driving EU car outside of CH with CH licence

And now I have a nosebleed from reading so much legalese.


I have however taken my CH license to the Behörde in Landsberg and was told there that there is no need to change and that I can simpy crack on.
So I have.

Last edited by slammer; 20.01.2020 at 16:28.
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  #42  
Old 20.01.2020, 16:46
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Re: Driving EU car outside of CH with CH licence

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And now I have a nosebleed from reading so much legalese.
Sorry about that but what you have quoted does not convince me at all.

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Begründet der Inhaber einer in einem anderen Mitgliedstaat der Europäischen Union oder einem anderen Vertragsstaat des Abkommens über den Europäischen Wirtschaftsraum erteilten Fahrerlaubnis einen ordentlichen Wohnsitz im Inland, richtet sich seine weitere Berechtigung zum Führen von Kraftfahrzeugen nach § 28
Switzerland is neither a "anderer Mitgliedstaat der Europäischen Union" (other member state of the EU) nor a "anderen Vertragsstaat des Abkommens über den Europäischen Wirtschaftsraum" (other treaty party of the EEA treaty). Accordingly the whole § 28 does not apply to driving licenses issued by Switzerland.

but
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Begründet der Inhaber einer in einem anderen Staat erteilten Fahrerlaubnis einen ordentlichen Wohnsitz im Inland, besteht die Berechtigung noch sechs Monate.
applies.

If you look at the list of countries in Annex 11, you see that Switzerland is listed but not a single EU or EEA country. That is because for driving licenses from EU/EEA countries §28 and §30 applies, whereas for all other driving licenses, including those from Switzerland, § 31 applies.

If Swiss driving licenses were included in the §28 and §30 it would clearly state so (see for example §5 DvStB https://www.gesetze-im-internet.de/stbdv/__5.html or the rules for accompanied student drivers in § 48a Abs. 5 FeV) and additionally Switzerland would not be listed in Annex 11 as it would simply not be necessary.
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  #43  
Old 20.01.2020, 16:56
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Re: Driving EU car outside of CH with CH licence

At the end of the day I´ll be driving around with my CH Ausweis until they pry it from my cold dead hands.


I´ll stick with what the Landratsamt tells me.
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  #44  
Old 20.01.2020, 16:57
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Re: Driving EU car outside of CH with CH licence

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I have however taken my CH license to the Behörde in Landsberg and was told there that there is no need to change and that I can simpy crack on.
So I have.
May it be you have, at that time, been in Germany for less than 6 months?

I would go back and exchange it as the German authorities take such issues rather serious. Normally the Swiss are the ones that have hefty fines and punishments. But in case of a non-swapped foreign license the Swiss will give only a fine (plus court fees) Art. 147 VZV https://www.admin.ch/opc/de/classifi...ndex.html#a147 The German on the other hand see it as "Fahren ohne Fahrerlaubnis" (Driving w/o driving privilege) which is serious issues resulting in a Geldstrafe (wage based monetary penalty) or even jail based on § 21 StVG plus three points in Flensburg.

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I´ll stick with what the Landratsamt tells me.
I hope you have that statement in writing so you could claim "Treu und Glauben". Not sure if this works in Germany as well, but in Switzerland it can be used as a "Get Out of Jail Free" card.
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  #45  
Old 20.01.2020, 18:06
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Re: Driving EU car outside of CH with CH licence

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May it be you have, at that time, been in Germany for less than 6 months?

I would go back and exchange it as the German authorities take such issues rather serious. Normally the Swiss are the ones that have hefty fines and punishments. But in case of a non-swapped foreign license the Swiss will give only a fine (plus court fees) Art. 147 VZV https://www.admin.ch/opc/de/classifi...ndex.html#a147 The German on the other hand see it as "Fahren ohne Fahrerlaubnis" (Driving w/o driving privilege) which is serious issues resulting in a Geldstrafe (wage based monetary penalty) or even jail based on § 21 StVG plus three points in Flensburg.


I hope you have that statement in writing so you could claim "Treu und Glauben". Not sure if this works in Germany as well, but in Switzerland it can be used as a "Get Out of Jail Free" card.
I have to go there soon to sort out my Aufenthaltsgenehmigung (thanks Brexit) the Führerscheinstelle is just one door down. I´ll let you know how it went.
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  #46  
Old 04.02.2020, 14:06
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Re: Driving EU car outside of CH with CH licence

Well did just that, went to the Führerscheinstelle and explained....
And waddya know I walked out of the office without my Swiss drivers license.
The chick behind the desk (looked so young to be doing that kind of job, I almost asked if there was a grown-up I could speak to) told me that I had to change eventhough the law was worded a bit misleading.
But no worries I had a German license before changing to a CHian one and now I simply get my DE one back.
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  #47  
Old 04.02.2020, 14:19
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Re: Driving EU car outside of CH with CH licence

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But no worries I had a German license before changing to a CHian one and now I simply get my DE one back.
Oh. In that case you might have had a Fahrerlaubnis but were simply not carrying a valid license. That reduces it from jail/monetary penalty down to a simple fine of € 10 (BKatV Lfd.-Nr 168)
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