Driving license back due to invalid STVO? Possible!

Recently updated on October 20, 2020 at 06:47 am

At the end of April of the 2020 calendar year, the reforms of the amendment to the road traffic regulations formulated by Federal Transport Minister Scheuer (the 2020 catalog of fines) in force, which are linked to comparatively tougher sanctions and penalties for speeders. According to the modification of the STVO, car drivers who speed limit Exceeding 26 km / h outside built-up areas or driving 21 km / h too fast in built-up areas will be punished with a temporary withdrawal of the driver's license and a one-month driving ban. Since then, statistical surveys have shown a nationwide surge in driving bans that can be traced back directly to the reform of the amendment to the road traffic regulations. Accordingly, the Federal Motor Transport Authority issued between 28.4. In 2020 and the beginning of July there were already over 11.000 driving bans.

new road traffic regulation increases number of driving bans

The association lawyers of the ADAC recently registered a formal error in the legal texts of the STVO, which made the modifications to tighten the law legally open to attack ineffective power. This deficit in the amendment to the road traffic regulations now enables affected motorists to challenge their driving bans in a targeted manner and to defend themselves efficiently and successfully against any driving bans.

Ineffective due to a formal error!
You should do that -> CLICK

In response to the developments, the Federal Ministry consulted with representatives of the individual federal states on July 2.7.2020nd, XNUMX about the consequences in this regard. All legal changes to the STVO are therefore as retrospectively to be classified as invalid. At the same time, the regulations of the old STVO have been in effect for all ongoing procedures since the beginning of the calendar month of July. In practice, however, there is no specific reference date in this regard, so that ongoing proceedings that were processed by the authorities before the formal notification of the formal error are to be classified as void. At the same time, the Federal Ministry gave the federal states a degree of discretion with regard to fines and fines for speeders. The federal states show different ways of interpreting and applying the STVO. While Bavaria, Saarland and Lower Saxony are suspending the new regulations of the amendment, which refer to driving ban rules for speeding car drivers, while the state government of the most populous state of North Rhine-Westphalia has not yet finally voted on how to deal with the current situation, which is causing confusion Car owners.

Nationwide confusion due to legislative changes!

According to plans by the CDU politician Andreas Scheuer for a new draft of the amendment, driving bans should be issued in the future if the respective driver drives 31 km / h too fast in built-up areas or if their speed exceeds the specified speed limit by 51 km / h outside of town. However, the government-forming parties must first officially approve the minister's draft law. Insiders expect strong headwinds in this regard, especially from countries under green political leadership. Since the Federal Ministry fears a wave of lawsuits from those affected due to the ineffectiveness of the change in the law, Scheuer is currently pushing ahead with the approval of his new draft and establishing a nationwide, nationwide compliant handling. According to lawyers, plaintiffs who want to legally challenge their driving license revocation currently have the best chance of success. According to lawyers, those affected should understand the prevailing confusion or the "Chaos"Therefore use cleverly around the processing and handling of current procedures in order to"Time to buy".

Those affected have high chances of contesting and overturning the notices on the driving ban!

Depending on how far the relevant procedure has progressed, affected car drivers can influence the situation positively with the help of intelligent approaches. Accordingly, it must be checked immediately whether the associated method has a fact that is not the subject of the old legal regulations of the STVO. If so, is objection to appeal against the proceedings. The reason is the reference to ineffectiveness of the notification, the one immediate Setting of the procedure in question. Anyone who has received a fine that relates to an offense that is tied to a tightening of the law must fill out the hearing sheet for the document, objection to insert and a Adaptation in accordance with the old legal texts of the STVO. The prerequisite for this is that the 14-day objection period is current. Car drivers who have a driving ban which is based exclusively on the reformed STVO, which has been in force since April 28.4.2020, XNUMX, ideally delay the procedure in a targeted manner in order to actually avert the enforcement of the driving ban.

In principle, legally binding notices cannot be challenged

In principle, notices can be challenged in practice, provided they are not classified as legally binding. If a decision is linked to a legally binding decision, it is illegal to ignore it. Since the Federal Ministry currently grants the federal states a margin of discretion with regard to the sanctioning of speeding motorists, decentralized solutions are increasingly being established which are intended to bring order to confusion and restore confidence in politics. Numerous federal states are striving for this self-employed Send back of the revoked driver's license to those affected to whom the driving ban illegitimate pronounced has been. How much time this process takes in practice depends directly on the capacity utilization of the responsible authority. Due to the flood of cases to be processed, delays are very likely.

Anyone who received a legally binding fine and a driving ban has been granted, can only submit an application for the return of the driver's license if the relevant requirement is specific personal hardship can justify. Such a request is considered in the legal context as Pardon. Only those who can plausibly, comprehensively and transparently substantiate their application have the prospect of a successful application. Since such an application is usually associated with a comparatively lengthy decision-making process for the authorities, a request for clemency to return the revoked driving license is primarily to be understood as a theoretical option. The responsible authority usually only makes a decision when the interval that marks the withdrawal of the driver's license has expired.

According to the regulations of the current case law, persons who have been in the course of the previous two years no driving ban received as "First-time offender“To classify. As a first-time offender, those affected have the opportunity to independently determine the date for the start of the driving ban. The condition for this is that the driving license withdrawal begins a maximum of four months after the decision has become final. Whose driving ban should be ordered immediately, ideally gets a "Suspension of enforcement“Which actually delays driving license revocation. Since the modification of the STVO is characterized by numerous increases in fines, that is too much money paid to the authority with reference to the invalidity of the new reform of the STVO and the specification of a payment deadline reclaim.

summarizing the most important information:

• 2020 StVO is invalid
• Since the beginning of July, the old StVO has been used for ongoing proceedings
• Formal error affects complete amendment of the law (all tightening and new rules)
• no fixed date from which the old law applies again
• Any ongoing proceedings before the formal error became known are also void
• several federal states want to reverse the illegality of the driving bans independently and are already sending the driver's license back (however, delays must be expected)
• a legally revoked driver's license can only be returned due to particular personal hardship (by means of a pardon)
• First-time offenders have the option of determining the date of the driving ban (start: 4 months after legal force)
• if the driving ban is imminent, apply for the "Suspension of Enforcement“With reference to the current legal situation
• Fines with a legally binding decision (warning fee paid, no objection lodged within 14 days of delivery) will not be reimbursed
• if enforcement is imminent, pay only the fine that the old road traffic regulations provide (inform the fine office in writing)
• KBA points are automatically deleted after notification of the traffic authorities
• If the current point balance results in a fine or a driving ban, then inform the driver's license office about the imminent deletion

• • • Procedure for those affected:

      Step 1: - Check whether the old StVO even existed
      Step 2: - If so, lodge an objection with reference to the ineffectiveness of the StVO amendment and demand that the proceedings be terminated
      Step 3: - became the facts tightened, refer to the old StVO
      Step 4: - a decision has already been received and the objection period is still running (14 days), then lodge an objection + request adjustment from the notification
      Step 5: - If the decision threatens a driving ban (according to the new StVO), file an objection in order to delay the procedure (the process will not be legally binding for the time being)

PS. If a driving ban has been issued, then there is certain conditions the possibility of submitting a so-called pardon to court. There is more on this topic in the following article!

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:

"Tuningblog.eu" - we keep you up to date on the subject of car tuning and car styling with our tuning magazine and we present you the latest tuned vehicles from all over the world every day. It's best to subscribe to ours Feed and will automatically be informed as soon as there is something new about this post, and of course also to all other contributions.