Taking the German licensing law as an example, this paper considers whether licensing actions can be used to maintain and improve road traffic safety. The benefits of participating in driving motor vehicles must be balanced against public obligation to protect road users from intolerable dangers. A licensing law aims to minimise the occurrence of damage and accidents. For example, the German licensing authority must investigate whether there are features in the applicant's personality that cause concern about his ability and willingness to drive a vehicle well and carefully. There is a two-year probationary period after issue of a first licence. Data are preserved in a national database about all detected traffic offences, other than minor infringements, of any driver, and local licensing authorities can suspend or revoke a licence if a sufficient points score of offences is accumulated within a given period. Criminal courts have similar powers in more serious cases. At the end of a period of suspension, alcohol-related offenders, for example, can apply for relicensing, and will then almost always be asked to undergo a full medical and psychological diagnostic assessment. In this way, licensing actions are a control and steering instrument, aimed at protecting the public from dangerous drivers.
Samenvatting