Anyone emigrating thinks about domicile, taxes and nationality – the driving licence is easily overlooked in the process. Wrongly so, because everyday life abroad is hard to organise without a valid driving entitlement in the destination country. The legal position here is not a single, coherently regulated area of law, but a patchwork of EU law, German regulatory law and – above all – the law of the destination country concerned. This article explains what applies within the EU/EEA, what third countries typically require, where bilateral facilitations exist, and what needs to be observed on returning to Germany.
Within the EU/EEA: Generally Unlimited Validity
Anyone moving within the European Union or the European Economic Area does not need to have their German driving licence converted. EU Driving Licence Directive 2006/126/EC introduces mutual recognition of the driving licences issued by the Member States; this principle is implemented into German law through section 28 of the Driving Licence Regulation (Fahrerlaubnis-Verordnung, FeV). A valid German driving licence accordingly continues to authorise the holder to drive, unchanged, after a move to France, Spain, Austria or another EU/EEA country (including Norway, Iceland and Liechtenstein) – without any time limit and without a new test.
Two qualifications should be noted. First, recognition does not apply without exception to all licence categories: the purely national German categories M, L, S and T – historically distinct categories with no EU-wide equivalent, absorbed into the harmonised category AM since the 2013 driving licence reform, but still shown as such on older existing documents – carry no EU-wide guarantee of recognition and are not necessarily recognised in other EU/EEA countries. Second, the unlimited validity of the driving entitlement as such must be distinguished from the validity of the driving licence document: since 19 January 2013, newly issued EU card-format driving licences have been limited to 15 years for reasons of forgery protection and photograph currency; older licences must, under section 24a FeV in conjunction with Annex 8e to the FeV, be exchanged for a new document in stages (by year of issue or year of birth) no later than 19 January 2033. This affects only the card, not the driving entitlement itself, and can also be handled from a residence abroad through the issuing German authority – usually with delivery via the competent German mission abroad.
Third Countries: Transitional Period and Exchange Obligation
Outside the EU/EEA, the applicable law is no longer German law but exclusively the law of the destination country concerned. A common pattern can nonetheless be observed: most states allow new arrivals to drive on their German licence for a limited transitional period, but require conversion into a local driving licence once that period expires. How long this period lasts varies from country to country and must be checked locally or with the competent German mission abroad – blanket statements are not appropriate, because the deadlines are not uniform and can change.
Two examples illustrate this range:
- Switzerland: anyone who moves their residence to Switzerland may use their foreign driving licence for twelve months from entry; after that, exchange for a Swiss driving licence (Führerausweis) is required, otherwise the entitlement to drive lapses.
- United States: the rules fall within the competence of the individual states and accordingly vary. For the New England states, the competent German mission notes that the German licence can be used there for up to a year before a conversion becomes necessary – with requirements that in turn differ in detail from state to state.
For all other destination countries, the relevant deadline – often somewhere in the range of six to twelve months, though this cannot be reliably generalised – must be established in good time before the move, either with the destination country’s licensing authority or with the German embassy or consulate there. Anyone who lets this deadline pass drives without a valid entitlement – with the corresponding insurance and regulatory risks.
Bilateral Agreements: Conversion Without a New Driving Test
Agreements exist with a number of states that make conversion possible without a new theoretical or practical test. On the German side, this list of states can be found in Annex 11 to the FeV, which sets out the conditions under which foreign driving entitlements can be converted into a German one without a driving test under section 31 FeV being required. The states listed there include, among others, Switzerland, Japan, the Republic of Korea, Israel, New Zealand, Namibia, Singapore and the United Kingdom, as well as – to varying extents – numerous US states and all Canadian provinces.
This list initially only describes German recognition practice for those moving to Germany. For the opposite direction – converting a German driving licence into a foreign driving entitlement after moving abroad – it is exclusively the law of the destination country that determines whether, and under what conditions, an exchange without a test is possible. In practice, many of these arrangements are based on mutual agreements, so that facilitations often operate in both directions; however, this should not be relied upon without checking. In the United States, for example, the German mission for the New England region expressly confirms that Massachusetts and Connecticut have mutual recognition agreements with Germany permitting conversion without a further test, while neighbouring states such as Maine or Rhode Island require both a theoretical and a practical test. Which states, provinces or countries have an agreement with Germany in a given case can also change from time to time – Annex 11 FeV is amended periodically – so an up-to-date check before the move is essential.
The following table summarises the examples referred to in the text – it does not replace a current case-by-case review, but shows the range of possible arrangements.
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| Country / Region | Use of the German driving licence | Conversion without a new test |
|---|---|---|
| EU/EEA (e.g. France, Austria, Spain) | Unlimited, no conversion obligation | Not applicable – already recognised |
| Switzerland | 12 months from establishing residence | Yes, per Annex 11 FeV (bilateral) |
| USA – Massachusetts, Connecticut | Around 1 year (per the German mission’s information for the New England region) | Yes, per the German mission |
| USA – Maine, Rhode Island | Around 1 year (per the German mission’s information for the New England region) | No – theoretical and practical test required |
| Other third countries | Varies from country to country | Depends on the relevant bilateral agreement – check locally or with the German mission |
States Without an Agreement: A New Driving Test Is Required
If no such agreement exists with the destination country, once the relevant transitional period has expired, only the ordinary route generally remains: the German licence is not recognised, and a driving entitlement must be acquired in the destination country as if for the first time – including a theoretical and practical test, and in some cases mandatory driving lessons at a local driving school. The existing German licence can at most make registration easier or shorten certain elements of the training; without a corresponding agreement, there is no automatic entitlement to any facilitation. Anyone moving to a country without a conversion agreement should factor in this effort from the outset, particularly if a vehicle is needed from day one for everyday purposes, for example for work.
Returning to Germany: Reconversion
Anyone who exchanged their German driving licence abroad for a local driving entitlement and later re-establishes their habitual residence in Germany is regarded, from a German perspective, as the holder of a foreign driving entitlement – with the result that the FeV rules applicable to third-country licences apply once again. Under section 29(1) FeV, the foreign driving entitlement may still be used for six months from establishing residence in Germany; on application, this period can be extended by a further six months under certain conditions. Reconversion into a German driving entitlement should be applied for within this period.
Whether a new test is required for this depends on section 31 FeV in conjunction with Annex 11: if the driving entitlement acquired abroad originates from a state listed there, reconversion is generally possible without a test – although the licensing authority may order a test if specific facts give rise to doubts about the required knowledge and skills. For driving entitlements from states not listed, on the other hand, the regular requirements applicable to a first-time acquisition generally apply. For EU/EEA driving licences, this issue does not arise at all: these remain valid without conversion in any event, regardless of whether the residence was previously in Germany or in another EU/EEA state.
In practice, reconversion is handled by the driving licence office responsible for the new place of residence; requirements typically include the original foreign driving licence (which is retained when the German document is issued), proof of identity and, depending on the country involved in the original exchange, a certified translation. Local driving licence offices quote processing times of several weeks and fees in the low three-figure range (in euros) for this reconversion; anyone who still has their original German driving licence, or can prove its details, should keep this documentation for the procedure.
An Illustrative Example
The following example is purely fictional and serves for illustration only; it does not describe a real case or a real person. A person emigrates from Germany for professional reasons to a US state that has no agreement with Germany, and initially uses the German licence within the transitional period applicable there. As the period expires without a local driving entitlement being obtained, the person must take a full driving test in the destination state. Years later, they return to Germany holding the US driving entitlement acquired there. Because the state in question is not listed in Annex 11 FeV, they cannot avoid a new German driving test on reconversion either – a circumstance that early information before the original move might have avoided, for example through a deliberate choice of destination state or by converting the licence in good time before the transitional period expired.
When Advice Is Worthwhile
Legally, converting a driving licence is a peripheral issue compared with the tax and registration questions raised by emigration – but in practice it can significantly complicate everyday life in the destination country if underestimated. Advice is particularly worthwhile where it is unclear whether the destination country has a conversion agreement with Germany, where transitional periods are already running short, where a return to Germany is imminent and the classification of a driving entitlement acquired abroad is unclear, or where several successive postings abroad under different legal systems are planned and forward-looking planning makes sense.
The Fiala law firm has published extensively on international administrative law relating to emigration and relocation abroad, and supports clients in identifying the numerous administrative steps involved in a move abroad – from registration and tax matters through to the driving licence questions described here – in good time and coordinating them in a legally sound manner. If you are planning a move abroad, or are returning to Germany from abroad, and would like clarity on your driving entitlement or related questions, get in touch to discuss your individual situation.
