Catalog of fines

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Basic data
Title: Ordinance on the issuing of a warning,
standard rates for fines and
the ordering of a driving ban due to
administrative offenses in road traffic
Short title: Ordinance on the Catalog of Fines
Abbreviation: BKatV
Type: Federal Ordinance
Scope: Federal Republic of Germany
Issued on the basis of: Section 26a StVG
Legal matter: Traffic law
References : 9231-1-21
Original version from: November 13, 2001
( BGBl. I p. 3033 )
Entry into force on: January 1, 2002
Last revision from: March 14, 2013
( Federal Law Gazette I p. 498 )
Entry into force of the
new version on: 		April 1, 2013
Last change by: Art. 3 V of April 20, 2020
( Federal Law Gazette I p. 814, 824 )
Effective date of the
last change: 		April 28, 2020
(Art. 6 G of April 20, 2020)
Weblink: Text of the regulation
Please note the note on the applicable legal version.

The German fine catalog , correctly the annex of the fine catalog regulation ( BKatV ), of November 13, 2001 contains the regulations for issuing a warning , the standard rates for fines and the ordering of a driving ban due to administrative offenses in road traffic. The ordinance, which is now nationwide, replaces the previous state regulations.

Height of the standard rates

The amounts mentioned there are sets of rules that emanate from negligent perpetration and ordinary, factual circumstances, that is a fine authority or the trial judge , and if necessary, law enforcement officers and park Hostesses can express individual cases different amounts. For fines of 60 € or more, an entry is made in the register of fitness to drive in Flensburg (Section 28 (3) no.3 letter a double letter b StVG).

In some cases, for example if the speed is exceeded by more than 30 km / h within built-up areas, a regular driving ban is listed in the catalog of fines . This means that a driving ban - of one to three months depending on the severity of the offense - must be pronounced and can only be waived in justified individual cases.

The individual cases described here must be well justified. Since the permanent supreme court case law looks different in the individual countries despite national uniformity, the “permanent highest court case law and practice” is listed below.

Constant rulings by the highest court and application in practice

The application of the catalog of fines is usually more difficult in practice than described here. Although the catalog of fines is uniform across the country, there are in reality great differences between the countries.

Bavaria is the strictest of all federal states when it comes to administrative offenses. Up until a few years ago, the Bavarian Supreme Regional Court (BayObLG) spoke as the highest court there on legal complaints or applications for admission of legal complaints against the judgments of the local courts. With the dissolution of the BayObLG, its jurisdiction in matters of administrative offense law in Bavaria was taken over by the Bamberg Higher Regional Court . Its jurisprudence seems to be comparable with that of the BayObLG.

What causes problems in practice are not the fines, but the driving bans. Because of this, those affected regularly object to the fines and believe that they could lift the driving ban with an increased fine. The constant higher court case law says:

A driving ban can only cease to exist if an impending extinction has been proven.

Proof of such a threatened destruction of existence is very difficult, in practice mostly impossible. Therefore, many people switch to the method, the legal validity of the so-called regular driving ban in accordance with. To question § 4 para. 2 of the BKatV. Mostly poorly qualified lawyers who only know the BKatV, but not the associated permanent supreme court jurisprudence, recommend this. The BKatV only states that in the event of two speed violations within a year of at least 26 km / h, a driving ban will be issued. However, the case law says:

Instead of speed violations, "violations of similar weight" also apply.

The simplest method is also used, namely denying the status of a driver. As a rule, there is no hearing here. Biometric reports or the like are often rejected because the gathering of evidence to research the truth is not necessary (or taking into account the principle of proportionality).

It is therefore difficult at the moment to present the principles practiced by case law, since a uniform case law has not yet developed.

Change from January 5, 2009

According to the Federal Ministry of Transport, Building and Urban Development , the change (which came into force on February 1, 2009) is primarily intended to reduce the number of accident fatalities. This is to be achieved by partially drastic tightening of the fines for inappropriate speed, dangerous overtaking maneuvers, violations of the right of way, red light violations and because of insufficient distance.

Change from May 1st, 2014

On May 1, 2014, the system changed drastically. The catalog of fines has been completely adapted to the new register of fitness to drive . Now 8 instead of the previous 18 points are enough to lose your driving license. The biggest innovation is that administrative offenses that have no impact on road safety no longer lead to the acquisition of points in Flensburg. In order to continue to guarantee an appropriate penalty, these offenses are subject to a higher fine. For example, unauthorized entry into an environmental zone without an environmental badge is no longer charged with € 40 as before, but with € 80. Administrative offenses, which were punished with 40.00 € and one point in the previous version, experience an increase to 60.00 € in order to continue to be punished with one point. A list of all offenses and their punishment can be found in a publication by the Federal Motor Transport Authority . Many everyday offenses remained the same in the amount of the fine, but the point system was reorganized.

Change from April 28, 2020

Along with the amendment to the Road Traffic Regulations , extensive changes to the catalog of fines came into force. This drastically tightened the catalog of fines: if the driver was banned from driving for one month in urban areas with two or more speed violations in urban areas with a speed of 26 km / h, the driver is already banned from driving for one month when the speed exceeds 21 km / h. The fine for a speed violation of 16 km / h or more in urban areas has also been increased. Before this amendment, the driver faced a fine of € 35.00, but since the change has been € 70.00. This should also result in 1 point in Flensburg, but this point did not materialize, for which reasons are not known. Even out of town, the driver is threatened with a driving ban much more quickly since the revision of the catalog of fines: previously this was ordered when the speed exceeded 41 km / h, now from 26 km / h.

Possible withdrawal of the change

The changes made on April 28th were not included in the original draft amendment to the road traffic regulations. They were added in the course of the consultation by the Federal Council . Obviously, a technical error occurred in the sense of non-observance of the citation requirement . As a result of this legal uncertainty, several federal states have suspended the application of the new regulations and the Federal Ministry of Transport has asked the federal states to reapply the catalog of fines that previously applied.

Compared to other countries

In Switzerland the Bußgeldkatalog regulation corresponds with Bußgeldkatalog the Ordnungsbu ss contempt order (OBV) with buses Schedule 1 .

In Austria there are numerous ordinances with different catalogs of facts , which was criticized by the Court of Auditors in 2019 .

literature

  • Wolf-Dieter Beck: The current nationwide catalog of fines , Munich, ADAC-Verlag, 2008, ISBN 3-8990-5671-X .
  • Also: The new fine catalog , 10th edition, Neuwied, 2003, ISBN 3472053771 .
  • Horst Janiszewski, Hans Buddendiek: Fine catalog with point system , 9th edition, Munich, CH Beck, 2004, ISBN 3-4065-2388-9 .
  • Hermann Lütkes, Wolfgang Ferner, Christine Kramer : Road traffic law , loose-leaf work, Neuwied, Nomos Verlag, 2006, ISBN 3-472-00161-5 .

See also

Web links

Wiktionary: Catalog of fines  - explanations of meanings, word origin, synonyms, translations

Individual evidence

  1. ^ Higher Regional Court Hamm , order of October 30, 2006 , Az. 4 Ss OWi 690/06, full text.
  2. ↑ OLG Hamm: Decision of August 15, 2006 , Az. 3 Ss OWi 269/06, full text.
  3. ↑ OLG Hamm: Decision of December 4, 2003 , Az. 4 Ss OWi 693/03, full text.
  4. ↑ Oberlandesgericht Koblenz Decision of September 20, 2004 , Az. 1 Ss 227/04, full text.
  5. ↑ Catalog of fines 2014 ramom.de
  6. ↑ Berlin Court of Appeal of November 17, 2004 , Az. 3 Ws (B) 485/04, full text.
  7. ↑ cf. Higher Regional Court Düsseldorf , NZV 1998, 38; Higher Regional Court Zweibrücken , DAR 2001, 327; Hentschel , Straßenverkehrsrecht, 37th edition, § 25 StVG marginal no. 15 mw N.
  8. ↑ Bavarian Supreme Regional Court DAR 95 410.
  9. ↑ Federal Ministry of Transport, Building and Urban Development ( Memento from August 28, 2010 in the Internet Archive )
  10. ↑ Publication by the Federal Motor Transport Authority ( Memento from March 4, 2016 in the Internet Archive ) as of May 1, 2014 (1709 kB PDF)
  11. ↑ Comparison of the previous fine catalog with the 2014 fine catalog wirkaufendeinauto.de
  12. ↑ Changes to the catalog of fines on April 28, 2020 , comparison, buzer.de
  13. ↑ Catalog of fines for speed cars 2020 | Fines for exceeding the speed, from which excessive speed there is a threat of driving bans or points in or out of town. Retrieved June 19, 2020 .
  14. ↑ Message from n-tv, accessed July 7, 2020
  15. ↑ SR 314.11
  16. ↑ Examples for Graz : Ordinance of the Federal Police Directorate Graz of May 25, 2005, with which individual offenses of administrative offenses are determined and the respective penalties to be imposed are determined in advance ( GZ p. 385/2005); Ordinance of the mayor of the provincial capital Graz of October 20, 2011, with which individual offenses of administrative offenses are determined and the respective fines to be imposed are set in advance (Official Gazette of the provincial capital Graz No. 11/2011)
    Example for Vorarlberg : Ordinances of the district authorities on offenses and Penalty rates for anonymous rulings (Official Gazette for the State of Vorarlberg No. 21/2016) with annex
  17. ↑ Traffic fines - Report of the Court of Auditors (July 2019)