Fleet Law for Companies
Fleet law is not a one-off legal matter but an ongoing business responsibility. GLADICA Lawyers supports companies not only in individual incidents, but in the legally sound organisation of their entire fleet operations.
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Fleet Law as an Ongoing Business Responsibility
Structured and Ongoing Legal Support
Liability questions following accidents, penalty notice proceedings, logbook orders, data protection in telematics and driving licence checks do not arise in isolation in fleet operations, but regularly and often simultaneously. GLADICA Lawyers combines the legal assessment of specific cases with the development of clear and practical structures. Companies thus receive not only support in individual cases, but reliable ongoing legal support for their fleet operations, including tailored advisory models and service packages for fleets of all sizes.
Driving Licence Checks and Liability Risks
Driving licence checks are not a mere organisational matter but a legally relevant obligation with criminal law consequences. Under Section 21(1)(2) StVG, the vehicle keeper commits a criminal offence if they allow an employee to drive a company vehicle without a valid driving licence. Negligent conduct is also a criminal offence under Section 21(2) StVG. Where an accident occurs in such circumstances, insurance cover may also be lost or the insurer may seek recourse. We advise on the organisation of legally sound check processes and their documentation.
Keeper Liability and Claims Management for Company Vehicles
As the vehicle keeper, the company is in principle strictly liable under Section 7 StVG for damage arising from the operation of company vehicles. Where an employee as vehicle operator causes an accident, personal liability under Section 18 StVG may also arise. In the internal relationship, the question arises whether and to what extent recourse against the employee is possible. The applicable principles are those of employee liability and the operational context of the activity. We support companies with claims settlement, liability clarification and the enforcement of claims against insurers under Section 115 VVG.
Telematics, Data Protection and Co-Determination
Using telematics systems for vehicle tracking and driving behaviour analysis involves the processing of personal data and is subject to the requirements of the GDPR. A valid legal basis under Article 6 GDPR is required. In companies with a works council, there is a mandatory co-determination right under Section 87(1)(6) BetrVG in relation to the introduction and use of technical monitoring equipment. We advise on the legally sound implementation of telematics systems, support the development of data protection compliant concepts and accompany the drafting and negotiation of works agreements.
Services and Legal Fields in Fleet Law
Our Services at a Glance
Driver and Keeper Responsibilities
Advice on driving licence check obligations and the development of legally sound check processes
Defence in penalty notices against the keeper and advice on cost notices under Section 25a StVG
Advice on logbook orders under Section 31a StVZO and legal support in administrative proceedings
Accidents and Liability
Establishing liability and supporting claims settlement after accidents involving company vehicles
Examining potential recourse claims against employees taking into account employment law principles
Advice and representation vis-à-vis insurers, in particular fleet insurers
Compliance and Regulatory Requirements
Advice on driving and rest time requirements under Regulation (EC) No 561/2006 and associated monitoring obligations
Support with requirements for professional drivers under the Professional Driver Qualification Act (BKrFQG)
Advice on vehicle obligations, in particular maintenance and periodic technical inspection under Section 29 StVZO
Data Protection and Telematics
Data protection compliant design of telematics systems and vehicle tracking under Article 6 GDPR
Advice on the introduction and use of monitoring systems taking into account Section 87(1)(6) BetrVG
Support in drafting and negotiating works agreements
Ongoing Retainer Services
Ongoing legal advice in fleet management
Support in acute incidents and loss events
Accompanying clients as a permanent legal contact with tailored service packages
Driving Licence Checks and Keeper Obligations
Driving licence checks are one of the most important but frequently underestimated obligations in fleet operations. Under Section 21(1)(2) StVG, the vehicle keeper commits a criminal offence if they allow an employee to drive a company vehicle without a valid driving licence. Negligent conduct is also a criminal offence under Section 21(2) StVG. The risk applies not only where a licence is entirely absent, but also where a licence has been revoked or in certain circumstances involving existing driving bans.
Under established case law, regular checks at approximately six-monthly intervals are generally regarded as sufficient. Where there are concrete grounds indicating a possible loss of driving licence, an immediate check is required. A one-off check at the time of employment is not sufficient.
The typical risks for companies include in particular:
Criminal liability under Section 21(1)(2) StVG and Section 21(2) StVG
Possible loss of insurance cover following accidents
Recourse claims by the insurer against the company
Enhanced check obligation where there are concrete indications of loss of licence or driving bans
Liability, Recourse and Claims Management
As the vehicle keeper, the company is in principle strictly liable under Section 7 StVG for damage arising from the operation of company vehicles. Where an employee as vehicle operator causes an accident, personal liability under Section 18 StVG may also arise. In the internal relationship, the question arises whether and to what extent recourse against the employee is possible.
The answer is governed by the principles of employee liability, in particular the degree of fault and the operational context of the activity:
Where there is only slight negligence, the employee is generally not liable
Where there is moderate negligence, liability is apportioned
Where there is gross negligence or intent, the employee is generally liable to a greater extent
In accidents with a cross-border element, we accompany the settlement vis-à-vis foreign insurers, clarify the applicable law and take into account the specific features of the Green Card system. We enforce the direct claim under Section 115 VVG consistently where settlement is incomplete.
Companies are required to ensure that employees to whom company vehicles are entrusted hold a valid driving licence. Failure to do so gives rise to significant liability and criminal law risks, in particular under Section 21 StVG. The risk applies not only where a licence is entirely absent, but also where a licence has been revoked or in certain circumstances involving existing driving bans.
We advise on the legally sound organisation of driving licence checks, support the development of practical control processes and the verifiable documentation of checks.
As the keeper of company vehicles, the company is in principle liable under Section 7 StVG for damage arising from the operation of the vehicles. We support claims settlement, establish liability apportionment under Section 17 StVG and advise on potential recourse claims against employees taking into account employment law principles.
We also accompany the enforcement of claims against insurers under Section 115 VVG and in accidents with a cross-border element the cross-border claims handling under the Green Card system.
Where the responsible driver cannot be identified following a traffic offence, the costs of the proceedings may be imposed on the keeper under Section 25a StVG. We advise on the legally sound organisation of vehicle use and the documentation of driver assignments.
We support the review of related cost notices and provide defence in penalty notice proceedings directed against the keeper.
Where the driver cannot be identified following a traffic offence, the authority may order a logbook requirement under Section 31a StVZO. This may extend to individual vehicles or the entire fleet and places a considerable administrative burden on companies.
We review the legal prerequisites of the order, in particular whether the authority conducted sufficient enquiries and whether the duration ordered is proportionate. We advise on compliance with existing orders and accompany companies in the further proceedings.
The use of telematics and tracking systems is subject in particular to the requirements of the GDPR and in the employment relationship to co-determination under Section 87(1)(6) BetrVG. A legal basis under Article 6 GDPR is required; data processing must be purpose-bound and limited to what is necessary.
We advise on the legally sound use of such systems, on the drafting of works agreements and on the practical implementation of data protection compliant concepts. Where telematics data is used as evidence in accident liability cases or employment law disputes, we also assess its legal admissibility.
Strict requirements regarding driving and rest times apply to commercial drivers, in particular under Regulation (EC) No 561/2006. Violations may give rise to regulatory fine consequences for both drivers and companies. Tachographs and records are regularly checked during inspections.
We support the legally sound organisation of driving operations and advise on the classification of allegations and proceedings following authority inspections.
Companies with professional drivers must comply with the requirements of the Professional Driver Qualification Act (BKrFQG). These include in particular regular further training and proof of the corresponding qualifications.
We advise on compliance with these requirements and support the legal classification during official inspections.
Related Services by GLADICA Lawyers
Why Companies Choose GLADICA Lawyers
Fleet law is not a one-off advisory field but one characterised by recurring legal issues in day-to-day operations. GLADICA Lawyers is familiar with the typical processes and liability risks in fleet management and therefore offers, in addition to classic individual case representation, structured and long-term advisory solutions. Each mandate is handled personally by an experienced lawyer. For companies with a vehicle fleet, we offer tailored pricing models and service packages on request.
Highly Specialised Lawyers
Specialists in criminal law with strong courtroom and negotiation experience.
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Over 500 confirmed five-star reviews on Google and review platforms.
30+ Years of Experience
Over 30 years of combined experience in complex criminal and white-collar cases.
Multilingual Team
Legal representation available in German, English and additional languages.
Nationwide Representation
Cases handled in Berlin, Hamburg, Frankfurt am Main and other German cities.
Frequently Asked Questions About Fleet Law for Companies
There is no statutory prescribed frequency. Under established case law, checks at approximately six-monthly intervals are generally regarded as sufficient to meet the requirements of Section 21 StVG. Where the employer becomes aware of specific circumstances indicating a possible loss of driving licence or a driving ban, an immediate check is required. Documentation of the checks is of considerable importance, as it can serve as evidence of properly organised checks in liability or criminal proceedings. We support companies in developing practical check processes and verifiable documentation.
In such cases, the company as keeper may face criminal law risks under Section 21(1)(2) StVG, in particular if no adequate control measures can be demonstrated. In addition, insurance law problems may arise, for example where the insurer seeks recourse or reduces benefits. This can result in significant financial burdens for the company. A functioning driving licence check system is therefore of great importance not only from a criminal law but also from a financial perspective.
As the vehicle keeper, the company is in principle liable under Section 7 StVG for damage arising from the operation of the vehicle. The driver may also be personally liable under Section 18 StVG. In the internal relationship, any possible recourse is governed by the principles of employee liability, in particular the degree of fault and the operational context of the activity. We support companies with claims settlement and assess in individual cases whether and to what extent recourse claims arise.
A logbook order under Section 31a StVZO obliges the vehicle keeper to document journeys for a specified period. It is generally ordered where the responsible driver could not be identified following a traffic offence. Its lawfulness depends in particular on whether the authority conducted sufficient enquiries and whether the duration of the order is proportionate. We review such orders and advise on the appropriate course of action.
There is no obligation to incriminate oneself. However, if the driver cannot be identified, the authority may impose the costs of the proceedings on the keeper (Section 25a StVG). Where offences repeatedly remain unresolved, a logbook order under Section 31a StVZO may additionally be imposed. We advise companies on the organisation of vehicle use and legally sound documentation of driver assignments.
The use of telematics systems involves the processing of personal data and is subject in particular to the requirements of the GDPR. A legal basis under Article 6 GDPR is required. In companies with a works council, there is also a co-determination right under Section 87(1)(6) BetrVG. Data processing must be purpose-bound and limited to what is necessary. We advise on the data protection compliant use of telematics systems and support the drafting of works agreements.
Violations of Regulation (EC) No 561/2006 may give rise to regulatory fine consequences for both drivers and companies. Companies are required to ensure organisationally that the requirements are complied with and monitored. Tachographs and records are regularly checked during inspections. We advise on legally sound organisation and support the classification of allegations and proceedings.
Whether and to what extent recourse is possible is governed by the principles of employee liability. Where there is only slight negligence, the employee is generally not liable; where there is moderate negligence, liability is apportioned; where there is gross negligence or intent, the employee is generally liable to a greater extent. It is also decisive whether the activity was operationally motivated. We assess the prospects of recourse in individual cases and advise on the appropriate course of action.
Under Section 29 StVZO, vehicles must be presented for periodic technical inspection at regular intervals. The applicable periods depend on the type of vehicle. An overrun may be treated as a regulatory offence and may also affect liability questions. Responsibility lies with the keeper, i.e. the company. We advise on the organisational requirements and support in official complaints.
In fleet operations, many legal issues arise on a recurring basis, for example in connection with accidents, penalty notice proceedings, driving licence checks or data protection. Ongoing advice enables uniform organisation, faster responses in individual cases and structured documentation that may be significant in liability cases. GLADICA Lawyers offers tailored advisory models and service packages for companies with vehicle fleets. We are happy to explain in a personal consultation which solution is best suited to the size and structure of your company.
