Requirement of German-language skills when driving certain vehicles in Germany

Subject: Requirement of German-language skills when driving certain vehicles in Germany

Paragraph 145 of the general administrative provisions governing the German highway code states that, in order to ensure the safe and orderly flow of traffic, drivers of certain heavy-goods vehicles must be able to communicate adequately in German or, failing that, must have a passenger present in the vehicle throughout the journey who can. This new requirement is being imposed on transportation businesses for vehicles whose drivers must be able to understand administrative provisions in German.

A vehicle belonging to a Belgian transportation business was prevented from continuing its journey by the police during a roadside inspection in Germany because the Belgian driver spoke only French.

1. As drivers who are not sufficiently proficient in the German language are no longer allowed to transport goods in Germany and transportation businesses may therefore no longer be able to offer their services in that country, are the German authorities potentially acting in a discriminatory manner by imposing this requirement?

2. Is this new requirement proportionate to the aim pursued by this administrative provision?

3. When it comes to international transportation, would it not be more proportionate to require the driver or accompanying person(s) in the vehicle to have a sufficient command of the English language?

Submitted: 25.4.2023

Answer given by Ms Vălean on behalf of the European Commission

(24 July 2023)

Following the intervention of the Commission, the German authorities have limited the language requirement mentioned by the Honourable Member to two cases: abnormal transport operations subject to prior consultation and abnormal transport operations not subject to consultation where long-term permits are granted when it is expected, on a case-by-case basis, that specific traffic situations associated with the permit will require the presence of a person who can communicate adequately in German.

The current Directive 96/53/EC on weights and dimensions of heavy-duty vehicles (Weights and Dimensions Directive (1)) only requires that special permits for vehicles exceeding the maximum dimensions, intended to carry indivisible loads, are issued without discrimination. It does not specify the details as to requirements to be fulfilled to obtain permits.

In the upcoming revision of the Weights and Dimensions Directive, the Commission plans to assess and harmonise the requirements for the issuing of special permits for abnormal transport, including such language requirement and the suitability of alternative means to achieve the same objective.

1 ∙ ⸱ Council Directive 96/5 3/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in

national and international traffic and the maximum authorised weights in international traffic (OJ L 235, 17.9.1996, p. 59) as lastly amended by Regulation of the European and the Council (EU)2019/1242 of 20 June 2019 (OJ L 198, 25.7.2019, p. 202).