[The revision of the regulations concerning driving licences (FeV) to combat the dangers of sleep apnoea and insomnia in road traffic].
Daytime sleepiness is a risk factor in community life and road traffic. The German legislator has reacted to the alarmingly high number of traffic accidents caused by exhaustion and tiredness, and added directives in matters of insomnia and sleep disturbance into the regulations concerning driving licences (FeV). Paragraph 11 implies that the holder of a driving licence has met the necessary physical and mental requirements. The requirements are not fulfilled when a disease or defect according to annex 4 or 5 of the regulation concerning driving licence exists. Number 11.2 of annex 4 contains regulations about the aptitude to conduct automobiles with regard to people suffering from chronic insomnia. Following the text of the directive, unaccompanied people with insomnia no longer have the authorisation to conduct automobiles when they suffer of a measurably pronounced somnolence during the daytime. Only people with treated insomnia remain suitable to conduct automobiles under the restriction that no measurably pronounced somnolence exists. As a condition for the aptitude to obtain and keep a driving licence the person has to undergo continuous checks of his/her disease. People with special driving licence classes according to annex 5, i. e. for heavy goods vehicles, buses and taxis, are regularly screened and have to by examined by a doctor if they have typical symptoms of insomnia.
Fromm
I E
IE
Rechtsanwalt und Fachanwalt für Strafrecht, Kanzlei Dr. Caspers & Mock, Koblenz. fromm@caspers-mock.de
D000063:Accidents, Traffic / Q000331:legislation & jurisprudence* / Q000517:prevention & control*; D001333:Automobile Driver Examination / Q000331:legislation & jurisprudence*; D001334:Automobile Driving / Q000331:legislation & jurisprudence*; D005858:Germany; D033161:Government Regulation; D006801:Humans; D008004:Licensure / Q000331:legislation & jurisprudence*; D012891:Sleep Apnea Syndromes; D007319:Sleep Initiation and Maintenance Disorders