Fine proceedings for traffic offences
Service description
Administrative offences punishable by a fine of at least 60.00 euros can only be punished by a fine notice. In the case of serious or persistent traffic offences, a driving ban of between one month and three months may be imposed in addition to the fine.
Only in the case of minor offences is it possible to issue a warning with a fine of up to 55.00 euros instead of a fine.
In the case of traffic offences, the basis for calculating the amount of the fine and the duration of the driving ban for traffic offences is the catalogue of fines applicable throughout Germany.If a fine is issued, the person concerned must also bear the costs of the proceedings (fees and expenses).
Final decisions on fines with a fine of at least 60.00 euros, which are classified as impairing road safety, are reported to the driving aptitude register at the Federal Motor Transport Authority in Flensburg.
Procedure
The fine proceedings usually begin with a hearing. The road user is informed of the traffic offence of which he is accused and is given the opportunity to describe his view of the events and raise objections to the accusation.
If the competent authority continues to uphold the accusations after the hearing, it will issue a fine.
If an objection to the fine is lodged in good time, the fining authority reviews the facts of the case and whether it upholds its decision. If the fining authority comes to the conclusion that the process was lawful and the decision made is correct, it hands over the files to the local court via the public prosecutor's office, which then re-examines the matter.
If no appeal is lodged against the fine notice or if an appeal is not lodged in good time, the fine notice becomes legally binding and can no longer be amended. The total amount stated in the notice must be paid.
If no payment is made, a dunning procedure is initiated, which is associated with additional costs. If the dunning procedure is unsuccessful, enforcement proceedings will follow. The district court can also order enforced imprisonment for the fine.
For the duration of the driving ban, the driving licence will be taken into official custody by the fining authority. If the driving licence is not surrendered voluntarily, it will be confiscated with the help of the police.
Prerequisites
An offence has been committed that violates road traffic regulations.
Which documents are required?
There is a reference number on every notice or letter from the fining authority. This reference number must be quoted for all submissions and payments.
What fees are incurred?
The amount of the fine stipulated in the fine notice is determined with the help of the national catalogue of fines.
In addition to the fine, the administrative order imposes procedural costs in the form of fees, which depend on the amount of the fine and amount to at least 25.00 euros, as well as expenses, e.g. for postal delivery or other expenses incurred by the fining authority.
What deadlines do I have to observe?
An appeal against the fine notice can be lodged within 2 weeks of service.
Two weeks after the fine notice has been served, it becomes legally binding unless an objection has been lodged. From this point onwards, a further period of 2 weeks runs during which the amount stated in the fine notice must be paid.
Legal basis
Legal remedy
An objection to the administrative order can be lodged with the administrative authority that issued the administrative order within 2 weeks of service. The objection is only admissible if it is received by the administrative authority before the expiry of this period.
A court decision can be applied for against other decisions of the fining authority. In the case of formally served decisions, the deadline for filing an application is 2 weeks from the date of service, for example against the rejection of an objection, against the refusal to reinstate the offence or against an order to pay costs. In other cases, an open-ended application for a court decision is also possible.
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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