Donnerstag, 29.04.2021
New catalog of fines 2021 in sight: fines will be significantly increased
from
Dr. jur. Ingo E. FrommLawyer
Specialist in criminal law
Specialist in traffic law
Give me a call: 0261 - 404 99 25
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On April 16, 2021, there was an agreement at the conference of transport ministers. [1] The new regulations on speeding are expected to come into force by the end of the 2021 legislative period.
Necessity of new regulations
The dispute has been dragging on since February 2020. The StVO amendment, which was to take effect from April 28, 2020, provided for some drastic tightening of the catalog of fines, with driving bans becoming the norm for speeding violations, according to critics. However, the new strict rules could never come into force due to a formal error by the legislator. The legislator had violated the so-called citation requirement regulated in the Basic Law. Therefore, the old catalog of fines was used for traffic offenses from April 28, 2021. There have been disputes about a new version of the catalog of fines since April of last year.
New regulations in detail
The compromise that has now been reached primarily provides for increased fines. The penalties for speeding have almost doubled compared to the old catalog of fines, as can be seen from the fines in urban areas: €260, 2 points, 1 month's driving ban, instead of the previous €160, 2 points, 1 month's driving ban. For speeding in excess of 41 km/h in non-built-up areas, the fine is now €320, 2 points and a one-month driving ban, instead of the previous €160, 2 points and a one-month driving ban. The order of driving bans already from 21 km/h speeding within built-up areas, or 26 km/h outside built-up areas is thus off the table. The planned hazard point regulation in front of schools, kindergartens or construction sites has also been dispensed with. In these areas, a driving ban had previously been discussed even for minor speeding violations. This means that points and driving bans remain regulated as in the fine catalog before April 28, 2020. As before, one point in the driver aptitude register in Flensburg is given for exceeding the speed limit by 21 km/h or more in urban and non-urban areas. Two points are incurred if the driver exceeds the permissible maximum speed by 31 km/h within built-up areas, or by 41 km/h outside built-up areas. A driving ban is also imposed as a rule for the two points.
Even when receiving a fine notice issued on the basis of the new legislation, it is strongly recommended to seek the help of a Lawyer specializing in traffic law.
[1] ("New fine catalog: Drivers face severe penalties for offenses"), www.fr.de v. 4/16/21
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.