There is nothing unusual about spending a summer's day at the lake wearing flip-flops. But should you really drive back home afterwards, or even walk barefoot?
The highway code does not specify any requirement or obligation for closed footwear or specific footwear. Even driving barefoot is not prohibited.
However, Section 1, Paragraph 2 of the StVO states that every driver must behave in such a way that other road users are not endangered or hindered. Drivers must therefore always behave in such a way that they have their vehicle under control at all times.
Incompatibility with the duties of a careful motorist
It is incompatible with the duties of a careful motorist to drive with unsuitable footwear, ruled the OLG Bamberg (NStZ-RR 2007, 90).
Since essential vehicle functions are controlled by pedals that are operated by foot contact, driving without (or with unsuitable) footwear can be associated with considerable risks due to the resulting incorrect operation of the pedals or the driver slipping off the pedals.
Principle: No relevance for fines
However, the court wenton to saythat no fine can be imposed without a traffic accident caused by this. In the underlying case, an affected person was driving a truck with a trailer wearing only socks and no shoes. The Higher Regional Court of Celle ruled similarly in NZV 2007, 532. In that case, a person was driving a truck with a trailer while wearing sandals. These rulings can also be applied to driving while wearing high heels or flip-flops.
Special features for business trips
However, different rules apply to drivers who sit behind the wheel for work. In this case, the accident prevention regulations for vehicles (BGV D29 – implementation instructions for the employers' liability insurance association regulation) apply. In this case, a conviction under §§ 209 para. 1 no. 1, 15 para. 1 SGB VII in conjunction with §§ 44 para. 2, 58 and 32 of the accident prevention regulations "Vehicles" (BGV D29) would be considered. Section 44, paragraph 2 of BGV D29 states:"The driver must wear footwear that encloses the foot to ensure safe driving of the vehicle."
However, to do so, the person must have carried out the journey as an entrepreneur or insured person within the meaning of § 32 BGV D29.
Legal situation in the event of an accident
Thus, driving a motor vehicle without suitable footwear or with socks does not constitute an administrative offense. Only if damage is caused as a result, criminal or administrative liability may be considered. Furthermore, in the case of civil liability, there is at least contributory negligence in the traffic accident.
If you are subject to a fine, you should definitely seek the help of a Lawyer specializing in traffic law.
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.