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Offenses against the StVO - when can you get away with it?

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Recently updated on September 25, 2020 at 01:41 am

Offenses against the StVO - when can you get away with it?

The Road Traffic Act (StVO) introduced in 1934 comprises a total of 50 paragraphs. It forms the basis for participation in public road traffic. This includes streets, paths and freely accessible places. It is binding within the Federal Republic of Germany. Regardless of whether you are a German citizen or a vacationer. If the ordinance is disregarded, there are consequences. These range from warnings and fines to the withdrawal of the driver's license. Particularly serious offenses are considered criminal offenses and are punished as such. Then a prison sentence can also be the result. The police and fire brigade are exempt from certain regulations of the Road Traffic Act if there is an emergency. In this case, the special rule applies. This special right also applies to the rescue service. Provided there is urgent need to save lives or prevent damage to health.

New edition of the StVO 2020 (still) invalid

Offenses against the StVO - when can you get away with it?

The imposition of fines and driving bans was revised with the new edition of the StVO 2020. Compared to the previous edition, the fines have increased significantly; the withdrawal of driving bans has also been tightened. However, there are still exceptions under which you can circumvent these regulations. Without consequences. And - as of 09.2020 - is the new one Bußgeldkatalog by no means "in dry towels"! Info: There are also many errors about the StVO - HERE an overview of the 10 biggest mistakes in road traffic!

Exceeding the speed limit - the most common traffic offense

Offenses against the StVO - when can you get away with it?

The most common offense in road traffic is exceeding the speed limit. If the permissible maximum speed is exceeded by more than 40%, this is considered an intentional administrative offense. The amount of the fine depends primarily on two factors - were you in or out of town? How high was it Exceeding speed? Why is it important? The possible hazard is more likely in urban areas than in urban areas. The reasons for this are the traffic density and the number of road users. Whether the violation of the speed limit is punished as an administrative offense is at the discretion of the competent authority. According to the opportunity principle § 47 OWiG, the persecution can be contained if the traffic safety was not or hardly impaired. One eye is turned a blind eye when an emergency is crucial. The journey to the hospital with a seriously injured person or a pregnant woman who has gone into labor is regarded as such.

Driving a vehicle under THC?

Offenses against the StVO - when can you get away with it?

Driving under THC (Tetrahydrocannabinol) - allowed in exceptional cases but still risky. Driving a motor vehicle under the influence of THC is at least an administrative offense. Regardless of whether there are proceedings for a traffic offense, the driving license authority can order the driver's license to be withdrawn. If THC has been proven to be used for medical treatment, it may be used on the road without any consequences. Cannabis affects our sensory organs. The risk of being involved in a traffic accident is therefore increased. According to research, the probability is 25% higher. The reason for this is the slowed down perception. Anxiety or a lack of inhibitions can also contribute to an increased willingness to take risks. The important thing is: If there is an accident, the driver is fully liable. In addition, there is the possible withdrawal of the driver's license in the context of criminal proceedings. In addition, there is a risk of fines and imprisonment. There may also be a MPU (medical-psychological examination) on. And the insurance company can refuse comprehensive coverage in the event of an accident.

Red light violation - not a trivial offense

The Red light violation is not a trivial offense. This is followed by high fines and points in Flensburg. This is correct, because a red traffic light gives other road users the right of way. The probability of an accident is high if you disregard this. Nevertheless, the stop line can be crossed at a red light - under certain conditions. If an active police, emergency doctor or fire service vehicle approaches, space must be created. According to § 16 OWiG, the driver can assume that an emergency situation exists. In this case, all road users must ensure that emergency vehicles can get through unhindered. But be careful. The act must be appropriate. The stop line may only be crossed carefully, as other road users have right of way at this point. There must be no damage and no people injured or even endangered. Watch out for pedestrians and other vehicles.

Seat belt compulsory - required by law since 1976

Offenses against the StVO - when can you get away with it?

In Germany the Seat belt compulsory. It applies to both the driver, the front passenger and the passengers in the back seat. Since then, car manufacturers have also been legally obliged to equip their vehicles with seat belts as standard. A fine has been imposed since 1984 for disregarding the seat belt requirement. According to § 21 of the StVO, however, exists in the following cases save Seat belt requirement:

  • People who regularly have to leave their vehicle at short intervals. For example, postmen in their delivery area.
  • When reversing out of parking spaces or when parking at walking pace. Stop-and-go traffic does not release you from wearing seat belts.
  • If there are no belts in the vehicle. For example with a classic car.

Exemption from the seat belt requirement is possible!

A general Exemption from the seat belt requirement can also be applied for at the road traffic authority if it is not possible to put on a seat belt for health reasons. If you are less than 1,50 m tall, provided this is proven in your identity card, you can also obtain a special permit. However, it must be checked in advance whether the obstacles cannot be removed. A seat belt exemption or an exception does NOT automatically apply to the police, armed forces and civil protection. Here, too, you must always be buckled up.

Driving without a license - in an emergency even on public roads

Offenses against the StVO - when can you get away with it?

If the driver's license cannot be shown during an inspection, the driver risks a fine. That would be the case if you had his driving licence forgot at home. It is different if you drive despite the driving ban. There is a risk of a fine or imprisonment. Driving without a license is only permitted if there is an emergency. Evidence of this is often difficult. It must be clearly recognizable that the time gained was decisive in averting danger to life and limb. Driving someone to the hospital when an ambulance service would have been possible is not permitted. Driving without a license always refers to public road traffic. Private property or areas separated from road traffic may be accessible without a driver's license, as long as it is not clearly indicated that the StVO applies here.

Legal drifting possible?

Im especially small frame it is even possible to legally "drift" in traffic. Does the vehicle not have an electronic stability control and none Drive slip control, then when it is wet or in winter, entering bends in vehicles with rear-wheel drive can lead to the rear breaking away. If this is the case, you should either brake in a controlled manner or, if the circumstances allow, get the vehicle back on track as quickly as possible with a lot of feeling with the accelerator pedal. It goes without saying that a complete roundabout may not be required. However, each law enforcement officer will differentiate exactly what necessary and what Gewollt was. The argument "inappropriate speed“Will come up here very quickly. Possible sanctions are warning fines, fines and points in Flensburg.

And there are many traffic errors & half-knowledge!

Offenses against the StVO - when can you get away with it?

And again and again there are many errors with regard to the road traffic regulations. The StVO says, for example, "that you always have to drive right on the motorway!"She says,"you are not allowed to overtake on the right"! She also says, "that the driver is always to blame"! These are all myths that have become common. You simply vote not. The following are the 10 biggest mistakes regarding the road traffic regulations:

Right-hand drive always applies!

"Except when overtaking, you always have to drive right on a motorway"! That is not true across the board. Because according to StVO “is if possible to drive far to the right ”. Outside built-up areas, three or more lanes can be deviated from if on the right now and then Driving cars. Driving in the middle lane for a long time is therefore legal.

Horn & headlight flasher is a compulsion!

That is also not generally true. Because the road traffic regulations even stipulate that overtaking outside in built-up areas is indicated by means of acoustic and illuminated signs. So you can even honk the car in front. It is only “compulsory” if you drive up extremely tightly and repeat the flasher disproportionately often.

Overtaking on the right is always prohibited!

Overtaking on the right is sometimes allowed on country roads or highways with multiple lanes. For example, if you are in a continuous column. Of course, these are not five buddies who overtake everyone inside. On the one hand, it has to be a column without gaps; on the other hand, the speed driven also plays a major role. And individual vehicles are also allowed to overtake on the right up to a maximum speed of 80 km / h. And only if the difference to the overtaken vehicle is a maximum of 20 km / h.

Right before left also applies in parking lots!

It's hard to believe that this fallacy is so widespread. Right before left is definitely not a blanket rule in a parking lot! Instead, the principle of mutual consideration applies. Since you are only allowed to drive at walking pace here, you have the option to communicate with each other. The principle only applies to large parking lots with large distribution streets that merge into smaller parking streets conditionally. Often, however, it is not possible to determine whether such a situation exists. Therefore you shouldn't insist on your supposed right.

Thread in immediately when using the zip fastener!

Regardless of whether it is a construction site or because a multi-lane carriageway is deliberately narrowed to one lane, the zipper method always applies to the remaining lane. But since many people are afraid that they will not be "let in" at the end of the trail, they switch too early. And many people also complain that the one in the left lane only changes lane directly at the narrowing and wants to "push ahead". But that is correct! Because the change should only be carried out in the immediate end area of ​​the lane.

You are not allowed to drive a car with flip-flops or barefoot!

Although the road traffic regulations do not make any explicit restrictions on footwear, flip-flops, high heels or barefoot drivers can be affected by the expiry of the insurance cover in the event of an accident. And if there is an accident with personal injury that can be traced back to the wrong or missing footwear, the result can even be a penalty order for the perpetrator.

Right of way, you don't have to blink!

For many years the mistake has persisted that you don't have to blink on a bend in the priority road. But whether you have to blink or not, the direction in which you drive decides. If you drive straight ahead, of course, you don't blink, but if you turn, you have to indicate the change. Even if there is no other way than turning right, for example (for example when there is a one-way street on the left) you have to blink.

Cyclists have to ride on the bike path!

Offenses against the StVO - when can you get away with it?

Of course, it would make life much easier for many motorists, but a cyclist does not have to ride on the cycle path if one is available. One road is reserved for vehicles that include a bicycle. The obligation to use the cycle path is a rare exception. It only applies if the cycle path is signposted with a blue, round sign.

Passers-by are allowed to keep a parking space free!

Again and again you see people standing in the last available parking niche, without a car! In this way, the parking space is kept free for the spouse / friend etc. who will shortly arrive by car. But here it is very clear: "First come first serve.“As a driver, you can even drive slowly towards the pedestrian to get him to clear the parking space. Pedestrians who defend themselves against it, for example by bracing themselves against the car, commit coercion. However, this is a tightrope walk that you as a driver should estimate precisely.

The driver is always to blame in an accident!

In many cases this is indeed the case, but it is by no means discord so! Can the driver prove that the vehicle in front has braked for no reason (e.g. by means of a Dashcam), then the question of guilt looks completely different. If you have the feeling that the man behind is pushing you should not under any circumstances apply an unfounded emergency stop to point out that the distance is too small. If there is a rear-end collision, then you are at least partially to blame. The same applies to unnecessary braking because of small animals such as a hedgehog, a frog or a snake.  PS: Do you know the strangest road traffic fines in this country and abroad? We have summarized them:

Offenses against the StVO - when can you get away with it?
Beispielbild

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:

Lucky - JP Kraemer escapes criminal proceedings!

Offenses against the StVO - when can you get away with it?

What is behind the oldtimer condition marks?

Offenses against the StVO - when can you get away with it?

Acoustic acknowledgment of the alarm system permitted by law?

Offenses against the StVO - when can you get away with it?

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About Thomas Wachsmuth

Thomas Wachsmuth - He has been an integral part of tuningblog.eu since 2013. His passion for cars is so intense that he invests every available penny in them. While he dreams of a BMW E31 850CSI and a Hennessey 6x6 Ford F-150, he currently drives a rather inconspicuous BMW 540i (G31/LCI). His collection of books, magazines and brochures on the subject of car tuning has now reached such proportions that he himself has become a walking reference work for the tuning scene.  More about Thomas

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