At the farmers' protest without a driver's license: Why farmers risk driving bans

Many people have become accustomed to tractors on German roads as a result of the farmers' protests. Traffic lawyers say: Actually, farmers shouldn't be allowed to demonstrate at all.

At the end of the farmers' protests this Monday, thousands of tractors once again rolled into the center of Berlin. The demonstrators in the capital were accompanied by around 1,300 police officers. It is unlikely that the staff will fail because the officials do not take a look at the documents. It would definitely be appropriate, said Dieter Müller, professor of traffic law at the Saxon Police University, on Friday Mirror. The majority of farmers are traveling without a valid driver's license.

“Class L and T driving licenses entitle you to drive tractors up to 40 km/h and 60 km/h respectively – but only for agricultural and forestry purposes,” says Müller. “If we assume that a demonstration does not fulfill this purpose, then tractors of this size would need a class C truck driving license. I assume that the majority of farmers do not have one. That means driving without a license.”

Farmers' missing driver's license: “Driving without a license”

Uwe Lenhart can answer the serious allegations upon request IPPEN.MEDIA confirm. “Professor Müller is right: If the driving license class restriction is violated, driving such a vehicle is no longer covered by the driving license for classes T and L,” says the traffic law specialist. “The driver commits the offense of driving without a license, Section 21 of the Road Traffic Act (StVG).” First-time offenders would have to expect a fine equal to one month’s net income and a driving ban.

Lawyer Müller goes one step further and suspects political influence. That's what he said Mirror-Interview that the police are not fulfilling their legal mandate to prosecute because it is not politically expedient. “This could be a political requirement from top politicians at the federal and state levels. Then politics overshadows the law. Politics creates a legal freedom for farmers.”

Farmers and Last Generation: Unequal Law Enforcement?

Müller draws a comparison with the protest actions of the last generation. The activists complain about unequal treatment. While their road blockades are punished very harshly, the farmers are much more lenient. “Double standards apply when the same offense is interpreted differently – which is the case with coercion in road traffic,” says Müller. “This occurs when drivers are forced to stop during an unannounced rally. I have not yet come across a verdict in which a farmer was convicted of coercion in traffic because he intentionally blocked traffic as part of an unregistered demonstration.” But there are many such verdicts of coercion compared to the last generation. That also has something to do with the heated political mood in the country.

Attorney Lenhart confirms to our editorial team that the farmers' blocking of roads represents coercion. But: “Different prosecution of crimes committed by farmers or climate activists is prohibited. “Climate activists who are subject to criminal proceedings cannot benefit from the authorities’ inaction towards farmers: according to the settled case law of the Federal Administrative Court, there is no right to equal treatment in cases of injustice.”

The climate activists themselves tried a pragmatic approach – by simply sticking themselves to the street in self-made tractors.

Category list image: © Kay Nietfeld/dpa