Logbook requirement: when the authority may impose it and how to fight it

If the driver could not be identified after a traffic violation, the authority can impose a logbook requirement on the vehicle keeper. This is not a penalty but a measure to avert danger. It is, however, tied to conditions, and not every requirement holds up under review.

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A logbook requirement is possible if, after a significant traffic violation, the responsible driver could not be identified (§ 31a StVZO). It requires that the authority made appropriate inquiries.

You can appeal against the notice. The requirement can be challenged, for example, if the authority did not investigate promptly and sufficiently or the violation was too minor.

What you should do now

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1. Check the procedure
Did the authority hear you as keeper promptly and seriously try to identify the driver? Delays can make the requirement challengeable.
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2. File the appeal
File an appeal within the deadline and name the flaws (insufficient inquiry, minor violation, duration).
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3. Challenge proportionality
Check the duration and scope of the requirement, it must be proportionate to the violation.
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4. Consider the consequences
If the requirement becomes final, you must keep the logbook correctly; violations of this are themselves subject to fines.

How to spot the scam

The authority heard you as keeper only very late.
Barely any real inquiries were made into the driver.
The requirement is very long relative to the violation.

Frequently asked questions

When may a logbook requirement be imposed?

If, after a significant traffic violation, the responsible driver could not be identified despite appropriate inquiries (§ 31a StVZO). It is a measure to avert danger, not a penalty.

Do I have to name the driver?

You do not have to incriminate yourself. But if you stay silent, that can make the logbook requirement possible in the first place. What matters is that the authority for its part investigated promptly and sufficiently, otherwise the requirement can be challenged.

How do I fight it?

With an appeal against the notice. Points of attack are insufficient or delayed inquiries, the minor nature of the violation, and the proportionality of the requirement's duration and scope.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.