fine-Chaos in Germany: According to estimates by the ADAC can be up to 100,000, according to the new catalog of fines imposed driving bans unlawful. Transport Minister Andreas Scheuer had the States on 1. July the new, since the 28 asked. April, 2020 applicable regulations to suspend because of a form error in the StVO amendment makes the change in regulation is null and void. 14 out of 16 Federal States, of necessity, returned to the old schedule of fines.
lander wanted to last Minute Changes
The States are not completely innocent, because to the massive tightening of the rules for speeding and driving were banned almost in the last Minute in the amendment included. Especially the red-green ruled country continue to insist that drivers quickly lose your driver’s license and substantially higher penalties.
However, Minister of transport, Scheuer defends itself. The Ministry of the CSU-politician is working on the Revision of a part of the fine catalog. This is especially the rule that it’s now been a month of driving threatens to ban if you are driving urban 21 kilometers per hour too fast or extra-urban 26 km/h. This scheme was “disproportionate”, it was called in the Ministry in April. Other rules, such as the new protective measures for bicyclists, does not want to overturn the Ministry, however. “I want a clear, fair and speedy solution. Correctly position and proportionality in a package,” said Scheuer, the “Passauer Neue Presse”, “the means, the plated driving bans need to go to only two Places, because everything else is largely uncontroversial.” “Driver’s license-destruction machine”: the car club chief expects to have a new catalog of fines from FOCUS Online “driver’s license-destruction machine”: the car club chief expects to have a new catalog of fines from
Political deadlock
in fact, there is now a political stalemate, where no party would vacate it without losing face the field – unless you would agree on a compromise. Then it looks but. If the StVO amendment would be adopted by a healing of the legal form of error simply re-would be waving the country probably in no way shy of the required Disarm the systems. To you it is, ultimately, a political demonstration of power. The Minister of transport, in turn, can not hesitate for a recast of the novel for ever, if he finds no compromise with the countries. Scouring the next political belly landing, threatening the toll debacle. For drivers, this means: Currently the the chance to defend themselves legally against a according to the new rules imposed ban on driving while, but ultimately, you have to tremble more.
car club-Overview: Who position for or against drivers entry
The German car clubs in the dispute to the StVO amendment, however, varies. FOCUS Online gives an Overview of the arguments.
- Markus Schäpe, head of the legal Headquarters of the ADAC , said the “Bild am Sonntag”: “It is assumed that the errors of form, “a large part of the imposed fines and driving bans are legally contestable or invalid” could be. This, it is important to check now. The Club is struggling, however, in the case of an assessment of the proportionality of the new rules – ultimately, he wants to remain neutral. “Overall, the Situation is an intolerable condition: A different approach of the countries would be unacceptable. It must now come immediately to a uniform Federal approach,” said ADAC traffic President Gerhard Hillebrand. “Traffic rules must be adhered to for reasons of transport safety. There are also in this Situation, is not a free pass for the racers! The police controlled and sanctioned,” says Hillebrand. However, the Club can be seen on demand from FOCUS Online is not whether it happens now for a relaxation of the stricter rules or not.
- Michael Haberland, President of Germany’s newest car club, “Mobil in Deutschland”, to the side of the drivers: “This road Traffic amendment from the beginning was a mess. It was a mistake to let the smaller speed limit by driving ban punished. It would have to recognize the Federal Ministry of transport, but also the 16 Federal States. To commit even the form error, lead to a total damage. Therefore, this amendment needs to be revised and we need to at least banned in the drive to return to the original rules. We already have sufficiently high penalties for motorists,” says Haberland. The automobile club had reached with a Petition against the stricter penalty Reform, a significant Quorum.
- the ” automobile club of Germany (AvD)” the new rules, declines to forbidden drive as disproportionate. “Even the most stubborn advocate for the present Form of the highway code will have to admit that he himself was already outside built-up areas accidentally in a Situation that would now be punished with a month ban. A speeder he is not,” the AvD is for sure. The Club feared a wave of legal proceedings against the new rules, and calls on all Parties to end the state of suspension: “Political power not on the back of uncertain drivers should be struggles and mistakes are promptly corrected. A notice is simply not enough,” said the Club.
- this is a Totally different bike – and eco-club “verkehrsclub Deutschland” (VCD) sees the . To want to “now, because of a procedural error the state of the restore, is a transparent manoeuvre. Instead, this error should be repaid with the next StVO-Novelle”, the VCD. Also, the auto club Europa (ACE) do not want any loosening: “The highway code is the basis of the order on the road and needs to be legally watertight. Federal Minister of transport, Scheuer must provide without delay. There is no reason for Changes to the content, in particular, for Mitigation of fines,” says the Club. Fast & Furious live: The worst speeders in Europe, FOCUS Online/Wochit Fast & Furious live: The worst speeders in Europe
At a glance: What motorists
need to know The ADAC, explains meanwhile, what is actually currently legal, as long as it is unclear how it goes with the new highway code continued.
- must apply Open procedures prior to issuing a penalty notice: The Fine, to the knowledge of the nullity of the previous regulations, which provided for here is not a rule driving ban. The procedures are not set, but § 4 BKatV is to apply in the old version.
- not Yet final penalty proceedings: already issued a penalty notice and the 14-day objection period has not expired yet, should be immediately filed an appeal and a Change in the legal consequences are required.
- Final penalty proceedings: Is a penalty notice with one of the above-mentioned driving ban already legally binding, the ban on driving but have not yet started, is a stay of execution with the fine point under the aspect of the void scheme to apply for.
- driving bans in the execution: the license Is already on the enforcement of the driving ban in official custody, to apply for the grace, the annulment of the decision procedure for surrender of the licence to. Ivanka Trump is a flaming appeal to all Americans – your father ignored him, FOCUS Online/Wochit Ivanka Trump is a flaming appeal to all Americans – your father ignored him
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