In road traffic, it is easy to commit traffic violations, whether it's speeding, running a red light, or violating the distance between vehicles. Such violations can usually be punished with a fine. However, there are also limitation periods to be observed here, which occur after three months from the time the offense was committed. But how does the statute of limitations affect the fine proceedings and what exceptions are there?
The limitation period for road traffic offenses under the Road Traffic Act is three months from the date of the offense. After this period has expired, the offense can no longer be prosecuted. This means that a fine notice may no longer be issued after this period has expired. However, the limitation period can be interrupted, for example by sending a hearing form or a fine notice.
An example clarifies the statute of limitations: if a traffic violation is committed on March 1, the offense would be time-barred at midnight on May 31. A fine notice that is not issued until June 1 would be too late and there would be an obstacle to proceedings.
A "witness questionnaire" does not interrupt the statute of limitations. In this case, the fine office does not yet know who was driving, so that investigations are not yet directed against a specific suspect. The law enforcement agencies will continue to try to determine the actual driver. It should be noted that the police may visit the registered address of the vehicle owner. In this context, a witness could, for example, invoke his right to refuse to give evidence if his brother or father was the driver of the vehicle.
What happens if the limitation period has expired and the driver has not been identified? In this case, a driving logbook may be imposed. In this case, the owner of the vehicle would have to keep a logbook for six months to a year in order to enable the driver to be identified in the event of a repeat offense.
However, there are exceptions to the three-month statute of limitations. If the driver is accused of being under the influence of intoxicating substances while driving, for example, the limitation period is six months. For violations of driving and rest periods, the limitation period is one year.
What should you do if you receive a fine even though the matter is actually time-barred? In this case, you should definitely appeal, otherwise the matter will become legally binding. It is advisable to consult a competent lawyer to protect your interests.
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.