Typical traffic offences on German roads

This article is dated as shown. Laws, fees and prices have changed since then. Check the figures before you rely on them.

Which offences are most common on German roads?

Overtaking on the right, ignoring the right-of-way rule for traffic from the right, driving through a red light and talking on a mobile phone while driving: these are all typical offences. But if you commit too many offences, you risk losing your driving licence.

Which rules apply in road traffic?

The road traffic law clearly defines how cyclists, motorcyclists and motorists, as well as pedestrians, must behave so that nobody on the road is harmed. Anyone who breaks these rules, whether deliberately or unintentionally, commits an administrative offence and, in serious cases, even a criminal offence. How offences that count as administrative offences are dealt with is governed by the official catalogue of fines. The possible sanctions for offences are fines, penalty points, a driving ban and withdrawal of the driving licence. As soon as a driver has accumulated eight points, the driving licence is withdrawn. To get the driving licence back, motorists must pass a medical-psychological assessment (MPU), and that is not easy.

The most common offences are parking offences. In 2016, 2.4 million offences by men and around 668,000 by women were recorded.

The list of the most common offences also includes: dangerous following distance between vehicles, improper overtaking, using a mobile phone at the wheel, parking in breach of the applicable rules, alcohol and drugs at the wheel, improper turning, poor technical condition of the vehicle, and breaches of the owner's obligations, such as taking out motor vehicle liability insurance.

If you have received a notice of an offence, study the deadlines and requirements stated in it. Where the consequences are serious, legal advice is useful. It is not true that access to the file is possible only through a lawyer: § 147(4) StPO provides for access by the accused without a defence lawyer under the conditions laid down. This is not a right to manipulate the procedure; information and objections must correspond to the facts.

When is a breach of the road traffic rules a criminal offence?

In 2016, 212,000 criminal offences were recorded. In addition to fines and penalty points, a driving ban and withdrawal of the driving licence are possible, and in the worst case a prison sentence. Anyone who has committed a criminal offence in road traffic, or is at least accused of one, should in any case consult a lawyer. In the case of a criminal offence, it is important to exercise your right to remain silent.

Offences in Germany

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A lawyer can help you understand the file and your procedural rights. Access to the file and the need for representation depend on the type of proceedings and the circumstances; the absence of a lawyer does not in itself deprive the accused of every opportunity to inspect the file.

I hope you will have no trouble with traffic offences when taking a car out of Germany. I wish you a safe journey. Do not break the rules.

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