Driver Qualification for Third-Country Nationals: Legal Situation, Practice and New Rules in 2026
Anyone who obtained a class C/CE driving licence outside the EU before 10 September 2009 – for example in Turkey or South Africa – and later had it properly converted into a German driving licence often faces a key question in practice: Does the grandfather clause under Section 4(1), second sentence, of the Professional Drivers’ Qualification Act (BKrFQG) also apply if the issuing country is not listed in Annex 11 of the Driving Licence Regulation (FeV)?
We fought against it ourselves
We examined this question in depth and for a time took the view ourselves that the grandfather clause should apply regardless of the country that issued the original driving licence – only the date of acquisition should matter, not the origin. In one specific case, this view was even initially confirmed by a Chamber of Industry and Commerce (IHK). Later, however, this assessment was withdrawn after the legal position had been clarified in administrative practice.
After careful review and comparison with the application guidelines of the Federal Office for Logistics and Mobility (BALM), the legal situation can now be summarised clearly: the grandfather clause does not apply if the third country is not listed in Annex 11 FeV or if the equivalence stated there does not expressly include licence class C or D. Driving licence authorities that refuse to apply the grandfather clause with reference to this annex are therefore acting lawfully. We pass this assessment on to our clients, even if it is inconvenient in individual cases.
What this means for you
If the country that issued the original driving licence is not listed in Annex 11 FeV, the conversion had to be carried out through a theory and a practical driving test. In this case, the German driving licence does not show the original date of issue as the relevant date, but the date on which the German test was passed. If this date is after 10 September 2009 (class C/CE) or 10 September 2008 (class D/DE), the grandfather protection no longer applies – regardless of how long the driving licence actually existed in the country of origin. A 35-hour periodic training that has already been completed cannot replace the initial qualification in these cases, as it only serves to refresh an existing qualification at regular intervals.
In these cases, those affected need the accelerated initial qualification (140 hours) followed by the IHK examination.
What has changed since 10 July 2026
On 10 July 2026, the Bundesrat (Federal Council) approved a comprehensive amendment to the Professional Drivers’ Qualification Regulation (BKrFQV) and other road traffic regulations. The aim is to make it easier for international professional drivers to access the German labour market. Particularly relevant in practice:
Albanian added as an examination language
Until now, the examination for the accelerated initial qualification could be taken in eight foreign languages (English, Modern Standard Arabic, Croatian, Polish, Romanian, Russian, Turkish, Ukrainian). This list is now being extended to include Albanian. Background: Albania has been listed in Annex 11 FeV since 2022, which means that Albanian driving licences can be converted without a test – until now, however, this simplification did not apply to the separate professional driver qualification. This regulatory gap is now being closed.
Green light for Ukraine and Montenegro
When the amendment enters into force, Ukraine and Montenegro will be added to the list of countries in Annex 11 FeV. Driving licences from these countries can then be converted without a new theory and practical test, which also makes it easier to apply for a driver card. In addition, Ukrainian is being introduced as an examination language for the theory driving test (Annex 7 FeV), as is Kurmanji.
For drivers from countries that – like South Africa at present – have not been added to Annex 11 FeV, nothing changes with this amendment. The legal situation regarding the grandfather clause described above remains unchanged for them.
Still a thing of the future: eye test and 4.25-tonne rule
Not all of the changes discussed have become law yet. The original draft regulation provided that the eyesight test for group 2 driving licences (lorry/bus) could in future also be carried out by opticians. The Bundesrat did not approve this. The Federal Ministry of Transport is to develop an alternative solution together with the federal states and the Federal Highway Research Institute (BASt).
Also not yet law is a resolution of the Bundesrat on equal treatment of holders of a class B driving licence from third countries with regard to the right to drive electric vehicles up to 4.25 tonnes. Currently, in the case of a conversion, the relevant two-year period always starts anew with the issue of the German driving licence, regardless of how long the original driving licence existed in the country of origin. The Bundesrat calls on the Federal Government to remove this unequal treatment – so far, however, this is only a political request, not applicable law.
Our conclusion
The 2026 BKrFQV amendment shows that the legislator is gradually making market access easier for international professional drivers – so far, however, selectively and without the general equal treatment of all third-country nationals regardless of the issuing country, which we consider to be correct. For clients from countries outside Annex 11 FeV, such as South Africa, the accelerated initial qualification remains necessary.
PIA Advice continuously monitors legislation and will keep you informed about all further changes relevant in practice.