Fine proceedings for traffic offences
Service description
In the case of minor offences, it is possible to issue a warning with a fine of up to 55.00 euros instead of a fine. The amount of the warning fine for traffic offences is based on the catalogue of fines applicable throughout Germany. Additional costs such as fees and expenses are not charged for the warning, in contrast to the fine notice. However, the person concerned is not entitled to a cheaper warning instead of a fine.
The warning serves to avoid formal administrative proceedings, at the end of which a fine is issued. A warning only becomes effective if the person concerned agrees to the warning and pays the fine within the set period, usually one week.
Warnings are not entered in the driving aptitude register of the Federal Motor Transport Authority in Flensburg.
Procedure
If the fine is paid on time and in full, the warning becomes effective and the proceedings are concluded. The incident will then no longer be pursued. It is not possible to repay the fine.
If the fine is not paid, not paid on time, not paid in full or objections are raised, the warning will not take effect. As the warning is also the hearing as part of the fine proceedings, the fine proceedings continue if the fine is not paid or objections are raised and end with the fine notice. If a fine notice is issued, additional costs (fees and expenses) are incurred in contrast to the warning. These fees and expenses must be imposed on the person concerned.
In the case of stationary traffic offences (stopping and parking offences), the owner of a motor vehicle must expect to be issued with a cost order imposing the costs of the proceedings if it cannot be determined who was driving the motor vehicle.
Prerequisites
A minor administrative offence has been committed that violates road traffic regulations.
Which documents are required?
The file number of the warning procedure must be stated in all submissions and payments.
What fees are incurred?
Warning fines are amounts of up to 55.00 euros (upper limit for warning fines). Additional costs such as fees or expenses, for example for postal delivery, are not incurred for the warning.
If the fine for stopping and parking offences is not paid and it cannot be established who was driving the vehicle, the owner of the vehicle may be charged the costs of the proceedings, which may be higher than the fine.
What deadlines do I have to observe?
The deadline for accepting the offer of a warning fine through payment is usually 1 week.
Legal basis
Legal remedy
No appeal can be lodged against a warning. Any statements or objections made by the person concerned can only be regarded as a statement regarding the offence, which means that the warning is not effective and a transfer to the fine proceedings takes place.
An appeal can be lodged against a fine notice within 2 weeks of notification.
A court decision can be applied for against a cost assessment notice.
Remarks
Further information can also be found on the website of the Federal Ministry of Transport and Digital Infrastructure.
- Catalogue of fines
(Federal Ministry for Digital and Economic Affairs and Transport)
- Catalogue of fines
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