Instant failure
A momentary failure occurs when an otherwise concentrated person involuntarily disregards the care required in traffic for a very short period of time. In the event of a momentary failure, punishment for grossly breach of duty is excluded.
This legal term , developed by the German supreme court case law, plays an important role in traffic law , as a driving ban for exceeding speed cannot be ordered in the event of a momentary failure.
In a team with mutual control tasks, momentary failure can occur due to constantly recurring activities in which mutual control becomes routine (over-routine in a certain activity / a process sequence, etc.). The common failure is therefore not due to a lack of experience, but to the recurring uniform routine.
See also
Individual evidence
- ↑ See e.g. B. Accident report 154/12, p. 38 f, 43 ( BSU )
