New regulations have come into force
On April 28, 2020, the 2020 amendment to the German Road Traffic Regulations (StVO) came into force. Particularly relevant for road users are the stricter rules for speeding. Largely unnoticed in the public discussion, driving bans in particular can be ordered even for comparatively minor speeding offenses. The media reported primarily on the increase in fines for double parking or blocking an emergency access lane and the improved protection for cyclists provided for in the amendment. With these drastic measures, the legislature wants to adequately address the danger actually created by excessive speed. However, a general speed limit of 130 km/h on the highway was rejected by the Bundesrat.
The individual changes
From now on, anyone caught driving a car in a built-up area at 21 km/h above the speed limit will be banned from driving for a month (in addition to a fine of €80 and one point on their license). It is a bombshell that outside of town, a driving ban now applies if the permissible maximum speed of 26 km/h is exceeded (previously 41 km/h) (fine 80 EUR and one point). Previously, this only resulted in a point and a fine of €80, without a driving ban. In 30 km/h zones, driving at 51 km/h will now result in a driving ban, while driving at 31 km/h in a traffic-calmed zone will result in a driving ban.
The regulation according to which a driving ban for repeat offenders may be imposed within a year if the speed limit is exceeded again by 26 km/h does not apply, however, especially since a driving ban is already imposed for this speed limit if it is exceeded for the first time. Nothing will change for longer driving bans. The two-month driving ban will continue to apply from 61 km/h above the speed limit outside built-up areas and from 51 km/h in built-up areas. A three-month driving ban is imposed outside built-up areas from 71 km/h above the speed limit, and in built-up areas from 61 km/h.
Increased fines
From a speed limit of 16 km/h, a fine of EUR 70 is now incurred in urban areas, which means that the fine has been doubled; outside of urban areas, the fine has been increased to EUR 60. Points are only incurred from 21 km/h too fast, as before. Although the fines are 60 EUR and more for 16-20 km/h too fast, no points are now incurred in Flensburg, which represents a break in the system.
Point limit
The point limit remains the same after the amendment, so there will continue to be one point for speeding 21 km/h over the speed limit in and out of town, and two points for speeding 31 km/h over the speed limit in and out of town.
The reason for the tougher penalties
This shows that the legislator is now taking action against speeders. One naturally wonders what prompted the legislator to increase the sanctions so much, especially in times of (fortunately) decreasing number of traffic deaths. The only comment on this is:
"The existing level of fines is too low overall to achieve the necessary improvements in road safety. Higher fines lead to more compliant behavior and are therefore suitable for avoiding accidents with injuries and deaths."
Due to the significant impairment of road safety, the increase in standard rates for speeding violations is necessary to create the necessary awareness among road users of the dangerous nature of their misconduct. In addition, the imposition of driving bans within built-up areas is required uniformly for speeding in excess of 21 km/h in order to achieve the necessary steering effect.
Criticism
Automobile clubs rightly criticize the fact that speeding violations by heavy trucks, motorcycles and passenger cars are being treated equally for the first time. However, these vehicle classes have very different levels of risk. 1] Apparently, the aim is to encourage more people to forgo car travel in view of the significant sanctions. The new scale of fines also lacks proportionality: Exceeding the speed limit by up to 15 km/h would still be a minor offense in the range of a fine for a minor offense, but exceeding it by just 6 km/h, i.e. 21 km/h, would in future be a gross traffic offense punishable by a driving ban. Some feel that the existing rules are perfectly adequate and call only for an increase in police enforcement. However, the latter cannot be increased easily for staffing reasons. The fact that driving bans no longer always result in two points seems systematically dubious.
Consequences of the new provisions
It is to be expected that district courts will face a noticeable increase in workload in the future, particularly with regard to fine proceedings involving driving bans. The foreseeable increase in the number of appeals against fine notices, particularly those involving driving bans, and the resulting increase in court proceedings comes at the worst possible time, considering that, due to the coronavirus pandemic, district courts are currently not conducting hearings in non-urgent proceedings, and that even if conditions normalize soon, there will be an enormous backlog of cases. It remains to be seen how the district courts intend to cope with this flood of new proceedings.
References:
[1] On walking speed: OLG Hamm: NJW 2020, 351.
[2] BR Printed Matter 591/19, p. 31 f.
[3] ibid.
[4] www.adac.de v. 19.2.20 ("New Road Traffic Regulations: Bundesrat agrees").
The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.