Driving with a fake driver's license: consequences
Your driver's license has been withdrawn, or you don't even have a valid driver's right - you ask yourself, why not drive with a fake driver's license? But, first, we clarify what consequences a forged driver's license can have for the driver and the fleet management.
The fake driver's license
A fake driver's license is a counterfeit document that falsely proves the driver's license. Mostly these are foreign EU card driving licenses. However, with the alignment of the EU driving license cards, this should become much more difficult in the future.
The fake driver's license (also called phony driver's license) is usually acquired when the driver's license has been revoked, a medical-psychological examination (MPU) has been ordered, or the driving test is bypassed. The latter is particularly the case when a different driving license class is to be added, which z. B. authorized to drive a truck or bus.
To be on the safe side in fleet management as to whether it is an original driver's license, you should always insist on the original document when submitting the driver's license as part of the manual driver's license check. Copies are not sufficient at this point. Only with the paper in hand can you check on the spot whether it is a correct driver's license. Many security features can be used to prevent this. If fleet management relies on electronic solutions, these must ensure that the system recognizes the authenticity of the driver's license.
Our articles explain how you can recognize an original driver's license and how you should deal with copies during the driver's license check.
Why are fake driver's licenses so dangerous?
If the driver did not previously have a valid driver's license, the driver lacks the basic knowledge to participate in road traffic. This endangers himself and other road users.
If the fake driver's license is used because the driver's license has been withdrawn and an MPU is pending, the driver has also evidently turned out to be unsuitable for road traffic participation.
Penalty & Legal Consequences
The penalties for holding a fake driver's license are clear. Even acquiring a phony driver's license is a criminal offense. A distinction is made here between two criminal offenses:
- The offense of forgery of documents
- The offense of driving without a license
Forgery of documents Driving without a driver's license
Forgery of documents:
The offense documents refer to Section 267 of the Criminal Code and result in a prison sentence of up to five years or a fine.
Driving without a driver's license:
Driving without a license relates to Section 21 of the Road Traffic Act and results in a prison sentence of up to one year or a fine.
The extent of the forgery of documents is defined in Section 267 of the Criminal Code. It says here:
- Anyone who produces a false document to deceive legal transactions falsifies a genuine record, or uses a false or falsified document is punished with imprisonment of up to five years or a fine.
- The attempt is punishable.
- In severe cases, the penalty is imprisonment from six months to ten years.
Particularly severe cases are, e.g., B. occurs when the forgery commercially or a large-scale loss of assets is caused. It also applies when many copies are brought into circulation and powers, or the position of public officials is abused.
The fact of "driving without a license" occurs because it is not an official document. This applies if the driver has never acquired the necessary driving license and if the driver's license has been withdrawn earlier or a driving ban exists.
You can find out more about the differences between driving license withdrawal and driving bans in our article.
Tips for fleet management
The fleet manager is obliged to regularly check whether the company car driver has a valid driver's license in fleet management. This check also includes checking the authenticity of the driver's license document. If the company car driver is caught with a forged driver's license, for example, or if there is an accident, the vehicle fleet manager is liable because he has not complied with his duty of care.
An electronic control system, which also automatically checks the document's authenticity, is therefore recommended for the driver's license control. This is usually done using various security features.
You can find what is essential when choosing the right provider in our method comparison.
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