All road users must comply with certain rules. This is the only way to ensure traffic safety. Violations of the regulations are punished accordingly. If you commit a traffic violation, you may be fined, but you may also receive points in Flensburg and a driving ban. You will be informed of the charges and the sanctions with a penalty notice.
- Request file inspection
- Do not answer the hearing questionnaire
- Right to refuse to testify
- Ignoring penalty notices
- Fine notice received during vacation
- Fine proceedings
- Appeal against the penalty notice
- Time limits on fines
- Legal notice
- Legal force
- Reinstatement
FAQ: Fine Notice
Drivers who have violated traffic law receive a penalty notice. This notice provides information about exactly what administrative offense you are accused of and what sanctions from the catalog of fines you must be prepared for.
When must a penalty notice be served at the latest?
The competent authority usually has a maximum of three months after the traffic violation to send a fine notice. If the letter arrives later, it is usually time-barred and you do not have to pay the fine. But beware: if a hearing notice was sent in advance, this interrupts the statute of limitations and the three-month period starts all over again. It can therefore be a maximum of six months.
How can I defend myself against a penalty notice??
After receiving the fine notice, you have two weeks to file an appeal against the fine notice.
What information does the penalty notice contain?
Among other things, you may receive a penalty notice after a speeding, distance or red light violation. Section 66 of the German Administrative Offences Act (Ordnungswidrigkeitengesetz – OWiG) specifies the information that must be included in the notice. These included:
- Details of the person concerned
- More detailed information about the violation, when and where it was committed and which fine regulations were applied
- What fine to pay and whether collateral consequences (z. B. a driving ban) will be ordered
- Information on when the legal effect will occur
- Informed that the person concerned has the possibility to appeal the penalty notice within a certain period of time
Points in Flensburg are also often noted in the fine notice, if they are incurred for the offence. However, these are not issued by the responsible fine office, but rather by the Federal Motor Transport Authority in Flensburg.
The penalty notice becomes legally binding if you pay the fine on time, if you do not appeal against the charges within the specified time limit or if you withdraw your appeal. The final nature of the decision means that you can no longer appeal the decision. From this point on, you can no longer take action against the fine notice.
How is a penalty notice served??
Many laymen assume that the delivery of a penalty notice is always by registered mail. This would mean that the recipient must accept the notice in person. However, this is an error.
As a rule, a penalty notice is sent with a certificate of service. This can be recognized by the familiar yellow envelope. On this the deliverer notes the date on which the delivery takes place. The letter does not have to be delivered personally. It is usually dropped in the mailbox.
The delivery agent also fills out a certificate of service. With this he informs the fine office on which date he has posted the fine notice. This is how the authority knows that its letter has arrived.
Do you have to receive a hearing before a penalty notice is issued??
In Germany, the so-called driver liability applies in most cases. This means that only the person who has actually committed an infringement can be sanctioned for it. The owner, on the other hand, cannot usually be prosecuted if he was not the driver.
For this reason, the fine proceedings must first determine who committed the violation. For this purpose, a so-called hearing sheet is often sent out. However, it is also possible that a penalty notice is issued without a prior hearing.
This is the case, for example, if the person concerned was immediately removed from traffic following a laser measurement. Here, after checking the identity, the authorities know exactly who the driver was.
How long is the period of limitation for the fine notice??
The fine office must also adhere to certain deadlines. It must not take too much time with its work. In the case of traffic violations, the statute of limitations usually expires after three months. This means that a penalty notice that is received too late is invalid.
However, under certain circumstances it is possible that the statute of limitations is interrupted. This is the case, among other things, when a penalty notice is sent out. This can lead to the period being extended.
If you receive a penalty notice for a traffic violation, you do not only have to pay the fine itself. A fine also entails further costs which the person concerned must pay. Fees and expenses of usually 28.50 euros are added to the fine notice.
What happens if a penalty notice is not paid?
You must not take too much time with the payment of the fine for a traffic offence. A payment deadline is stated in the fine notice. This is 14 days and begins when the notice becomes legally valid. If you do not meet your payment obligation, you will first receive reminders. These are accompanied by corresponding reminder fees.
If you still do not pay, the proceedings can be forwarded to the competent enforcement authority. This can, among other things, order a seizure of property. In the worst case, there is even the threat of imprisonment for enforcing the fine.
How to appeal against a penalty notice?
Do you believe the charges are unjustified or have you found any technicalities in the fine notice? In certain cases, you have the option of appealing against the fine notice.
The objection must be received within two weeks after delivery of the penalty notice at the competent penalty office. If you are not sure whether an appeal would be worthwhile or how best to proceed, it is advisable to consult a lawyer for traffic law.