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The new traffic regulations of the 2020 catalog of fines came into force. These should, for example, tempo sinners and Falschparker more accountable. Among other things, to protect cyclists and pedestrians. But of course also to protect other vehicle drivers and ultimately also from themselves.
The new regulations (2020)
In his amendment, Federal Minister of Transport Andreas Scheuer (CDU) stipulates, among other things, that speed violators asked more to checkout and faster driving bans can be imposed. For example, in urban areas from 21 km / h and outside of built-up areas from 26 km / h above the speed limit, the driving license should be withdrawn for one month. In addition there is a fine of EUR 80 and EUR 95 and two points each in Flensburg.
A small mistake with a big impact
But apparently not everything is considered correctly. What error is responsible for the new laws being void? Every new law must specify the legal basis for this new regulation. That requires what is anchored in the Basic Law Citation requirement. There must be a reference to Section 26a Paragraph 1 No. 3 of the Road Traffic Act (StVG) in the regulation. This indicates that the Minister of Transport is authorized to issue regulations on driving bans. Since this small note is now missing in the new regulation, the citation requirement is violated and the laws may be ineffective.
The Federal Constitutional Court in 1999.
If a violation is now punished with a driving ban that was not yet covered by a driving ban before the new regulation came into force, the ADAC advises those affected, for example, to raise an objection to the decision. Because the new law is likely to be null and void, the prospect of successful opposition is high. If a new regulation is void, the previous version of the StVO applies. There is still a lot of controversy over the reform of the StVO, and even Federal Minister of Transport Scheuer has already considered changes. Does the supposedly tiny mistake of missing paragraph 26a (1) No. 3 in the amendment now have such far-reaching consequences? Frankly, we would appreciate it!
Of course that had not been the case.
tuningblog.eu has a lot of other articles on the subject of auto & tuning in stock. Do you want to see them all? Just click HERE and look around. But also planned changes in the law, violations in road traffic, current regulations in the field of STVO or on the subject inspection we would like to inform you regularly. Everything you can find in the category "Test sites, laws, offenses, information". Following an excerpt of the last information:
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