Catalog of fines / StVO breakdown - that's what the lawyer says!

The goal of the new Bußgeldkatalog it was to renew the rules for dealing with traffic offenders. The focus here was primarily on speeders, which should finally be put down - on the one hand through deterrence, on the other hand through the sometimes enormous sanctions. That sounds good at first and could certainly score points with the population if it was implemented correctly. Transport Minister Andreas Scheuer (CSU) thought that too, hoping that the new version of the StVO would appeal to the citizens. Unfortunately, the opposite was true.

Good idea, bad implementation

The actual goal, namely to severely punish extreme traffic offenders, may be sensible and also commendable. However, the new rules were so strict that even unaffected citizens complained extensively about the too strict regulations. And it didn't get better: After Andreas Scheuer tried to row back, the new version of the StVO was legally checked again. And the planned compromise solution was recently rejected by the Federal Council - not good news for the transport minister. What was originally not intended to trigger a major drama has now ended in a political debate: the CSU is resisting tougher sanctions, the Greens are in favor and part of the CDU cannot really make up its mind.

What about the effectiveness of the novellas?

In contrast to the political debates, the legal situation is clear and precise: All of the StVO amendments are currently ineffective. And that doesn't just mean the latest one, no, all novellas since 2009 are ineffective! This is due to the fact that the citation requirement in Article 19 of the Basic Law was violated - there was no reference to the statutory authorization that allows the thresholds for driving bans to be reduced. It will probably take a while until the entire procedure is run through again and all the rules in which the formal error was made are ineffective without exception.

What can I do as a victim?

Lawyers advise you to object to the corresponding fine notices and to point out the illegality. If the decision is final, you should apply for a stay of enforcement and by means of Grace trial the handover of confiscated driving licenses can be requested due to the illegality.

Of course that had not been the case.

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