Section 23, paragraph 4, of the road traffic regulations is currently causing uncertainty. The law states that "anyone driving a motor vehicle must not cover or conceal their face in such a way that they are no longer recognizable." but especially the employees of the numerous driving services such as the workers’ samaritan association (ASB) do not usually sit alone in the vehicle – and therefore have to wear a mouth guard in corona times. A representative of the police confirmed to the ASB that the health aspects are paramount.
Since the minimum distance in a vehicle can usually not be guaranteed, the wearing of a mouth guard is permitted and required. It is not a matter of concealing one’s identity, which is actually forbidden.
According to the bavarian ministry of the interior, the decisive facial features must still be clearly recognizable despite the face mask. This could not be given for example with the additional wearing of sunglasses.
The ADAC automobile club has also commented on the problem: "if an offence is committed while wearing a mouth guard, the normal fine procedure will be followed. If the driver can not be identified, the holder is threatened with a driving record. The bubgeldbehorden handle here at present however more roughly, in particular with commercial journeys."