Most vehicle users obey the applicable traffic regulations and drive responsibly and considerately. Unfortunately, there are exceptions! Dangerous car races, sometimes at extremely high speeds, are taking place on public roads with increasing frequency. In the worst case, such a race even ends fatally. Since 2017, participation in prohibited motor vehicle races has been regulated in accordance with § 315d paragraph 1 of the Criminal Code (StGB) as criminal offense scored (before it was loud § 29 paragraph 1 road traffic regulations (StVO) an administrative offence). Accordingly, both participants and the organizers with sensitive fines or one up to two-year prison sentence expected.
Consequences of Participation!
According to one of the leading automobile clubs in Germany, the ADAC, the main intention at such illegal racing events is in particular the feeling of "competition and speed". are prerequisites for this at least two participants, whereby the length of the driven route plays no role here. Typical indications of "prohibited motor vehicle races" are, among other things, a simultaneous start, a risky driving style, common milestones, time measurements and the use of high-powered motor vehicles. However, according to the legislation, there is one another special feature, namely the facts of the so-called "alone lawn" more precisely the "single race". According to § 315d, paragraph 3, it is also punishable if a driver "moves at an inappropriate speed (...) in a grossly inconsistent and ruthless manner in order to achieve the highest possible speed."
At the beginning of 2022, a Bugatti Chiron owner made headlines when he 417 km/h drove on the A2 motorway. The Federal Ministry of Transport examined this fact and referred, among other things, to § 1 of the Road Traffic Act (STVO). This states that road users must behave in such a way that "no other is harmed, endangered or more than is unavoidable, hindered or inconvenienced under the circumstances.However, since the Bugatti driver always retained control of his vehicle and the section of the route was not very busy at the time and no speed limit was prescribed, the applicable law was not violated in this case.
Catalog of fines: illegal car races
|You organized or took part in a prohibited car race as a driver.||3||imprisonment of up to 2 years or a fine; driver's license suspension|
|...with danger||3||imprisonment of up to 5 years or a fine; driver's license suspension|
|...with personal injury||3||imprisonment from 1 to 10 years; in less severe cases from 6 months to 5 years; driver's license suspension|
Illegal Street Racing - Murder Conviction?
However, the penalties for illegal car racing can be much higher. Imprisonment can be imposed if other people are put in danger or if other people's things of significant value are endangered up to 5 years threaten. If people are seriously injured or even killed, prison sentences can even be imposed up to 10 years be imposed. "Racers" can even because murder be condemned and we think so too good this way. The most well-known judgment relates to a case of an illegal car race on Berlin's Kurfürstendamm. The police are also entitled to “participate” vehicles beschlagnah financing or to confiscate the vehicle in its entirety in accordance with § 315 f StGB. This would result in ownership of the vehicle in question passing to the state.
Does illegal car racing result in an MPU?
- Not necessarily, but in principle JA. Then the driver's license authority questions the driver's fitness to drive by participating in an illegal car race, and then a MPU be ordered with the obligation to participate, even if not yet eight points are reached.
Are civil law consequences conceivable?
- If an illegal car race leads to an accident, it can be expensive. If there is personal injury or damage to property between the contracting parties, then there is usually no Possibility to regulate the damage. In other words, everyone stays at their own expense. Almost always one parted mutual liability. Although there are a few possibilities, they are not really certain. the Liability insurance is exempt from the obligation to provide benefits in this situation, because according to current case law, participation in an illegal car race leads to a release from liability the insurance.
Of course, that wasn't the end of it.
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