Samstag, 01.08.2009
Increase in fines for traffic offenses
from
Dr. jur. Ingo E. FrommLawyer
Specialist in criminal law
Specialist in traffic law
Give me a call: 0261 - 404 99 25
E-Mail:
The draft of the Fourth Act Amending the Road Traffic Act of May 21, 2008, provides for drastic increases in fines from the beginning of 2009. In some cases, the fines have even been doubled: for example, driving under the influence of alcohol will increase from €250.00 to €500.00. For repeat offenses, the fine will generally be increased to €1,000.00, and thereafter to €1,500.00. Particularly serious speeding violations of over 70 km/h will now be penalized with 680.00 EUR instead of the previous 425.00 EUR. Even for minor offenses, the fines have almost doubled: the fine for using a cell phone while driving will be increased from €40.00 to €70.00, and the fine for moderate speeding violations of between 21 and 25 km/h will be increased from €40.00 to €70.00. In times of record fuel prices, the planned increase in motor vehicle tax and the introduction of further charges for road users (environmental badge), it is not easy being a motorist.
To avoid any misunderstandings: the effective punishment of particularly dangerous traffic sins should be advocated in any case. The only question is whether the legislator is using the right approach and whether mere increases are the right traffic concept. Widespread increases in fines, even for minor offenses, give the impression that the only thing that should be improved is the budget. This is counterproductive for legal awareness. The reasons given by the Ministry of Transport for the tighter penalties do not stand up to critical scrutiny: it is a fact that the number of accidents fell again last year, so increasing fines does not appear to be absolutely necessary. It is doubtful whether higher fines can have a deterrent effect at all. Experience shows that only a continuous police presence and the risk of detection can lead to an increase in road discipline. However, adequate monitoring of road traffic cannot be guaranteed at present. Instead of taking action in this regard, the Ministry of Transport only casually complains about a shortage of at least 2,000 (!) police officers on the motorways. The Ministry of Transport must also accept a certain contradictory behavior: Due to its own failures, serious traffic offenses in EU member states currently go unpunished: The German government is behind schedule in implementing the framework decision 2005/214/JAI of February 24, 2005 on the application of the principle of mutual recognition of financial penalties and fines, so that the German law on this is not expected to come into force for at least 18 months. If the legislator really wanted to crack down on serious traffic offenses, it would also have to increase the sanctions for real traffic crimes. Incomprehensibly, the Ministry of Transport remains stubborn on the issue of driver license checks for the elderly, which will become even more pressing in view of demographic trends: In view of the statistically increased risk of accidents among older drivers, this topic must be freed from taboos. In other EU countries, the practice of limiting the validity of driving licenses is already a matter of course.
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.