If, for example, a person receives a speeding ticket, he must appeal within two weeks of delivery, § 67 I OWiG.
Failure to meet the deadline and application for reinstatement
If the person concerned fails to meet this deadline, they have missed the deadline for appeal and the fine notice is legally binding. In exceptional cases, they can apply for reinstatement. This is a special provision, so to speak. According to § 44 StPO in conjunction with § 52 OWiG, the application for reinstatement is to be granted if someone was prevented from meeting a deadline through no fault of their own.
If the person concerned was traveling, for example, and the fine was sent to him during this time, he can file an application for reinstatement if this meant that he was unable to file an objection in time.
Prima facie case for absence due to vacation
The application for reinstatement must be thoroughly substantiated. First of all, the person must credibly demonstrate the periods during which he was on vacation. To do this, he should submit, for example, the travel confirmation or flight tickets. If, for example, he only visited friends abroad by car, he cannot submit any such written evidence. In this case, he could affirm the dates and the destination of his vacation trip in lieu of an oath. This declaration must be correct, otherwise he faces punishment for making a false affirmation in lieu of an oath in accordance with § 156 of the German Penal Code (Falsche Versicherung an Eides Statt).
Missed deadlines due to vacation?
If the person concerned has thus demonstrated that the failure to meet the deadline was not their fault, they shall be granted reinstatement. This application cannot be rejected on the grounds that the person concerned did not take special precautions before taking leave to ensure that service reached him at all times. This is only necessary in the case of longer absences from his or her permanent residence of more than six weeks. [1] Incidentally, it is irrelevant whether the vacation falls in the "general vacation period" or any other time of year.
Should you require advice in such a constellation, please feel free to contact us.
[1] BVerfG NJW 2013, 592; Göhler/Seitz, OWiG, § 52 Rn 7; AG Rockenhausen, decision of October 4, 2005 - OWi 197/05, BeckRS 2006, 07741
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.