Ask an attorney: driver’s license rules clarified

by R. Peter Masterton
21st Theater Sustainment Command
Office of the Staff Judge Advocate

Q: After all the controversy over the last year about the need to have a valid U.S. driver’s license, I am thoroughly confused. Can you clarify the rules and requirements?

A: In January 2015, it was reported that German police were not accepting driver’s licenses issued by the U.S. Army Europe, U.S. Forces Certificate of License, unless the driver also possessed a valid and current license issued in the U.S. A series of articles reported that U.S. personnel who had expired U.S. driver’s licenses could be stopped and fined by German authorities. For many U.S. personnel, especially those stationed in Germany for a long period of time, this new requirement posed a huge problem.

Fortunately, German officials reversed themselves several months later. In March 2015, Germany confirmed that it will honor the U.S. Forces Certificate of License, even if the underlying U.S. license upon which it is based has since expired. However, the controversy served as a warning to keep critical documents, such as driver’s licenses, up-to-date.

The NATO Status of Forces Agreement and the German Supplementary Agreement permit U.S. Forces to issue driver’s licenses to its personnel. Before you can be issued a U.S. Forces Certificate of License, you must present a valid current driver’s license from any sovereign country or any state or territory of the U.S. Once the U.S. Forces Certificate of License is issued, however, you may continue to operate privately owned vehicles in Germany even after your underlying U.S. driver’s license has expired. This is important because some states make it difficult or impossible to update a driver’s license by mail; sometimes the only option is to return to the U.S. to renew the license in person.

If your U.S. driver’s license has expired, you may not be able to drive when you return to the United States. A U.S. Forces Certificate of License issued in Germany is not valid outside of Germany. While some states have short grace periods for renewal of an expired license, it is best to check with the state that issued your license before returning to the U.S. For further information on renewal of U.S. driver’s licenses, visit www.dmv.org/military-drivers.

If you are stationed in Germany and your U.S. driver’s license has expired, you will also be unable to drive in European countries outside of Germany. To drive in other European countries, you must have a valid, nonexpired U.S. driver’s license and a valid international driver’s license. Ordinarily, international driver’s licenses must be issued by the country of residence. For U.S. personnel, this means such licenses should be obtained in the U.S. However, the German State of Rheinland-Pfalz has agreed to issue German international driver’s licenses to U.S. military personnel and their dependents stationed in Rheinland-Pfalz, as an exception to this rule.

If you plan to travel outside of Germany, you should also become familiar with the traffic and equipment laws in the countries you plan to travel through. Some countries require you to drive with the vehicle’s headlights on at all times; some countries require one warning vest for each seat in the vehicle; some countries require a full set of replacement light bulbs for the vehicle. You also need to ensure that you carry all of the required documentation. This includes passports for the driver and all passengers and proper orders or leave documents. Although a 1991 treaty eliminated the need to carry a green insurance card within the European Union, this is still a requirement under U.S. Army in Europe Regulation 190-1 and U.S. Air Forces in Europe Instruction 31-202. In addition, many foreign countries outside the EU still require the green insurance card.

Editor’s note: This article is for general information only and does not constitute legal advice or create an attorney-client relationship. You should always consult an attorney for specific legal questions.