Dienstag, 23.01.2024
Is warning other drivers about speed traps illegal?
What rules apply to radar detector apps and light signals?
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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The legal relevance of radar detector apps in terms of traffic fines
The use of so-called radar detector apps on a cell phone constitutes an administrative offense according to Section 23 (1c) sentence 2 of the German Road Traffic Regulations (StVO), which is punishable by a fine of €75 and one point in the driver aptitude register (FAER) according to No. 247 of the fine catalog. This is well known to many road users, especially through publications in the media. This is how road users want to protect themselves from speeding and fines. However, the risk of detection is very low because the police would have to check the driver's cell phone.
Warning oncoming traffic with the horn or flashing headlights
But what about when drivers warn each other about speed cameras, e.g. using gestures or the horn or flashing headlights? It is common in everyday life to alert oncoming traffic in this way that a mobile speed measurement is imminent. This is intended to help other road users to avoid fines in a "collegial" manner. The offense of obstruction of justice according to § 258 of the German Criminal Code (StGB) is clearly not relevant at first, [1] since it does not prevent another person from being punished under criminal law for an illegal act. It is "only" a matter of a misdemeanor. Warning oncoming vehicles by gesturing or flashing the lights does not fall under the provision of Section 23, paragraph 1c, sentence 2 of the StVO either, since no electronic devices are used for this purpose.
However, using the horn or flashing headlights to warn of speed checks is still not legal, since "acoustic and light signals" may only be used as warning signals in the event of danger. Section 16 of the StVO stipulates that audible and light signals may only be given by someone who is overtaking outside built-up areas or who sees himself or others in danger. However, a speed measurement does not constitute a hazard.</p>
Cautions for improper use of lights and sirens
However, only a warning of €5 (offense number 116006 and 116000) is issued for improper use of lights or sound signals, and no point is recorded in Flensburg. In fact, light signals are regularly confusing for oncoming vehicles. The reason for such lights is often not comprehensible to oncoming traffic and can have several causes, e.g. a defective front light or an actual impending danger spot.
If you are subject to a penalty procedure, you should definitely seek the help of a Lawyer specializing in traffic law.
[1] Cramer, in Munich Commentary on the German Criminal Code, 4th ed. 2021, StGB, Section 258, para. 6.
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.