Fines and driving bans: a lawyer holds StVO-Novelle invalid

Since the 28.04.2020 the tougher schedule of fines applies it was more expensive, and driving bans are already in danger of over 21 km/h in urban areas and 26 k

Fines and driving bans: a lawyer holds StVO-Novelle invalid

Since the 28.04.2020 the tougher schedule of fines applies it was more expensive, and driving bans are already in danger of over 21 km/h in urban areas and 26 km/h extra-urban. The Ministry of transport to think out loud about the tightening to mitigate . From my point of view, however, this is not at all necessary. the I consider the whole of the StVO amendment, especially in view of the Changes in the driving bans, for simply ineffective.

The reason is simple: In the case of the StVO amendment to the so-called citation commandment of the basic law (GG), 80 GG applies to you and the changing regulations as the legal regulations according to art. was violated.

General information on the so-called citation bid to find the one who would like to study more in order, for example, in the following Quote:

  • BVerfG, NVwZ 14, 1219; 20, 220; injury to the citation requirement in the case of the so-called forest of the amendment to VA 13, 89;
  • German, VRR 10, 168;
  • Schubert, CONCERNING 11, 369, 373.

"driver's license-destruction machine": the car club chief expects to have a new catalog of fines from FOCUS Online "driver's license-destruction machine": the car club chief expects to have a new catalog of fines from

citation bid violated the regulation would be null and void

This is a constitutionally mandatory citation commandment requires, quite simply, that the adoption of a regulation of the underlying “basis of authority” must necessarily be called. The consequences of the Federal constitutional court's decision fell, for example, Scheuers predecessor, Peter Ramsauer once violently on the head: Ramsauer adopted in 2009 a regulation to be valid, age traffic signs, it lacked the appropriate quote. The result is known – it was for Ramsauer is a Disaster.

Back in the present: In the 54. ÄnderungsVO - StVO-Novelle 2020 ‒ but in the preamble, 3. Indent only article 26a, Para. 1 Nos. 1 and 2 StVG, and not also § 26a Para 1 No. 3 StVG called. This would be for a Change or introduction of a rule driving ban but been mandatory. About the experts

lawyer Michael Winter studied law in Tübingen and, since 1989, traffic law operates. As a lecturer at the dual University of Baden-Württemberg, conveys his experience in the scientific field. He founded the company "WHW Seminar & Service" made since 2001 through interactive seminars, a four-digit number of traffic participants under the company motto: "Knowledge can Help further" in the areas of "road safety and traffic law". Since the beginning of the diesel scandals Winter complains, also, together with his partners against several German automotive manufacturers.Click here for the FOCUS Online experts world

driving bans now ineffective?

What are the consequences? The Federal constitutional court rules on violations of the citation bid “knallhart” (NJW 99, 3253, 3256). the Then lead to injury of the citation requirement regarding the invalidity of the regulation. it is Irrelevant whether the breach of a purely editorial Mistake, which has its reason in the course of the legislative process, or other circumstances for negligence.

The Changes in the driving have been included prohibited only on the Initiative of the Bundesrat subsequently in the regulation. In my opinion, there is no “partial nullity” of those directly concerned by non-compliance rules of the driving ban. Such a “splitting” leads to massive legal uncertainty in terms of what parts of the regulation are now in effect and which are not. the Rather, the entire amendment is invalid!

For motorists is therefore, in my opinion, one of the following:

  • Who should take currently a fine or even a driving ban is threatening so immediate professional help.
  • A defender will be appointed at the fine authority on the ineffectiveness of the new regulations.
  • not a Directs this, he makes the ineffectiveness of the local court of claims.
  • Is sentenced to the Affected person, nevertheless, must be taken.
Updated Date: 06 July 2020, 18:26

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