Ticket revolution: New ruling protects owners from parking violations

According to the bild newspaper could be a recent ruling by the Federal Constitutional Court Revolution for all drivers Therefore, Falschparker will only have to pay fines if they caught in action The decision could change the principle of Presumption of innocence in traffic law. The judges in Karlsruhe recently decided that the owner is not automatically the perpetrator if the vehicle Parking violations In plain language, this means: If it is unclear who parked the vehicle incorrectly, the owner cannot necessarily be held responsible for the Fines (€) The decision is based on Image Reporting on a case from Siegburg near Cologne. A citizen was arrested for a parking violation 30 EUR fine numbers.

The parking ticket revolution?

After his lawsuits were dismissed by the Siegburg District Court and the Cologne Higher Regional Court, he filed constitutional complaint – with success! The Federal Constitutional Court classified the previous conviction as unconstitutional because they have a “Violation of the prohibition of arbitrariness in the Basic LawIn this specific case, a car with a parking disc was parked in a parking space for too long. The parking disc showed an arrival time of 14.30:17.35 p.m., but the vehicle was still parked at XNUMX:XNUMX p.m. The owner remained silent on the question of who had parked the car, but was nevertheless sentenced to pay the fine. A mistake, as the Federal Constitutional Court has now determined.

Are there far-reaching consequences?

The previous courts had evaluated the photo of the parked car, but had not taken any further evidence. The federal judges emphasized that in the absence of further evidence, the Owner’s responsibility This means that the parking violations also apply to Perpetrator principleThe accused's silence should not be used against him. The new situation is now seen as a strengthening of the Principle of presumption of innocenceThe decision of the Federal Constitutional Court could have far-reaching consequences for the practice of imposing fines for parking violations and once again emphasizes the importance of fair and just jurisprudence.

That wasn't it yet.

Planned changes to the law, traffic violations, current regulations in the area of ​​the STVO, etc.? You can find everything about this in the category "Test sites, laws, offenses, information". 

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