LawyerDr. jur. Ingo E. Fromm, Legal advisor in Koblenz
Magazine
Our information service for you
Dienstag, 18.07.2023

Traffic offenses abroad



from
Dr. jur. Ingo E. Fromm
Lawyer
Specialist in criminal law
Specialist in traffic law

Give me a call: 0261 - 404 99 25
E-Mail:

Before going on vacation by car to a foreign country, you should definitely inform yourself about the local rules of the road. This starts with whether you have to pay a highway toll, as in Italy or Austria. The legal systems of the EU member states differ considerably. In most EU countries, there are standardized speed limits, but these vary from country to country: while the maximum permissible speed on motorways in Spain is 120 km/h, the maximum permissible speed in the Netherlands during the day is 100 km/h.

If you are caught on camera speeding in another European country, you should not ignore official correspondence. It depends on the individual case whether it is worth lodging an appeal. Since some countries have "holder liability", it is not always possible to successfully argue that you were not the driver.

In some cases, it may also make sense to pay as quickly as possible, as double the fine is incurred for late payment, or discounts are granted for quick payment, as in Italy or Spain. It may be necessary to hire a lawyer in the country where the offense was committed.

If foreign fines from other EU countries are not paid, then fines of more than €70 can be enforced in Germany in accordance with the EU framework decision. Not every member country makes use of this option, but German motorists also receive mail from private collection agencies. However, this is illegal because it is a public claim and would circumvent the provisions of the law on international mutual legal assistance in criminal matters. Fines from abroad do not have to be paid in some cases. Some countries impose a fine if the owner does not report the driver within a certain period of time, such as Austria. However, these fines may not be enforced in Germany because the underlying offense is not subject to any sanction in Germany. Furthermore, the fine does not have to be paid if, for example, the statute of limitations has been reached. However, in many EU member states this is considerably longer than the three months applicable in this country, calculated from the date of the offense.

Some EU countries also have a central index of traffic offenders, as does Germany. However, these point registers are often regulated differently in detail. In Italy, for example, a point is already incurred if the speed is exceeded by more than 10 km/h. Some countries have a credit point system. Points are deducted for committing certain traffic offenses. If the number of points reaches zero, the person is no longer authorized to drive in the state in question. Traffic offenses committed by Germans are regularly entered there as well. However, foreign offenses are not entered in the German driving aptitude register.

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.