Processes - NRW-OVG: No exception for face veils at the wheel
The facial covering ban at the wheel of a car also applies to a devout Muslim woman. Her claim for an exception permit did not exist. The North Rhine-Westphalia Administrative Court in Munster decided this today. The woman wears a face veil outside her home for religious reasons, with only her eyes showing. The court did not allow for a revision. The plaintiff can file a complaint with the Federal Administrative Court in Leipzig.
The regulation in the Road Traffic Ordinance, which has been in effect since 2017 and states that the face may not be covered or hidden, is constitutional, according to the Administrative Court in its justification. This serves the protection of other traffic participants as well. However, a priority of religious freedom, as claimed by the plaintiff, does not exist.
According to the Road Traffic Ordinance, the driver of a motor vehicle must be recognizable. Exceptions are possible. The Muslim woman relies on the freedom of religion enshrined in the Basic Law. The facial covering regulation is therefore, in her opinion, unconstitutional. However, the Administrative Court expressly disagrees with this assessment. However, there was a partial success for the plaintiff. Since the District Regulation Düsseldorf did not correctly reject her application, the authority must still make a decision on the case. The OVG sees the communication in road traffic, which mainly takes place through hand signals, as not endangered by the face covering. In addition, the round vision is not impaired, as the authority argued. The presiding judge and her colleagues in the courtroom made this clear in their deliberations.
The District Regulation and the Administrative Court in the first instance had rejected the woman's request from Neuss.
In the oral proceedings, the 8th Senate also raised significant doubts that the woman needs her car for her recently taken job and that the bus and train are not alternatives, as claimed by the plaintiff. She offers health massages for women, even at the customers' homes. After an unsuccessful marriage, she must provide for her own maintenance. The presiding judge Annette Kleinschnittger was not convinced that the woman is seriously pursuing a profession.
- Despite being a devout Muslim woman who wears a face veil for religious reasons, she was unable to secur obtained an exemption permit for wearing the veil while driving in North Rhine-Westphalia.
- The woman's claim for an exemption permit was rejected by the North Rhine-Westphalia Administrative Court in Munster, and she now has the option to file a complaint with the Federal Administrative Court in Leipzig.
- The Road Traffic Ordinance, which has been in effect since 2017, states that the face may not be covered or hidden while driving, and this regulation is constitutional according to the Administrative Court.
- The Muslim woman argues that the facial covering regulation is unconstitutional because it infringes upon her freedom of religion, as enshrined in the Basic Law, but the court disagrees with this assessment.
- In the first instance, both the District Regulation and the Administrative Court in Neuss rejected the woman's request for an exemption permit.
- During the oral proceedings, the court raised significant doubts about the woman's claim that she needs her car for her recently taken job and that public transportation is not a viable alternative.
- The woman offers health massages for women, including at clients' homes, and the presiding judge was not convinced that she is seriously pursuing a profession.
