Road Traffic Regulations (Germany)

from Wikipedia, the free encyclopedia
Basic data
Title: Road traffic order
Abbreviation: StVO
Type: Federal Ordinance
Scope: Federal Republic of Germany
Issued on the basis of: predominantly Section 6 (1) of the Road Traffic Act
Legal matter: Traffic law
References : 9233-2
Original version from: May 28, 1934
( RGBl. I p. 457)
Entry into force on: October 1, 1934
Last revision from: March 6, 2013
( Federal Law Gazette I p. 367 )
Entry into force of the
new version on:
April 1, 2013
Last change by: Art. 1 V of April 20, 2020
( Federal Law Gazette I p. 814 )
Effective date of the
last change:
predominantly April 28, 2020
(Art. 6 V of April 20, 2020)
Weblink: Text of the StVO
Please note the note on the applicable legal version.

The road traffic regulations ( Highway Code ) of the Federal Republic of Germany is an ordinance , the rules for all participants at the road sets on public roads, paths and squares.

content

The first part regulates behavior in traffic. The main idea is the principle of mutual consideration ( § 1 StVO). The most important regulations are the use of the road itself ( § 2 StVO), the speed limit ( § 3 StVO), the distance ( § 4 StVO), overtaking ( § 5 StVO), the right of way ( § 8 StVO), turning ( § 9 StVO), stopping and parking ( § 12 StVO) and lighting ( § 17 StVO).

The second part includes the classification of traffic signs and other traffic facilities ( §§ 36–43 StVO). This is followed by the implementation and fine regulations .

Position in road traffic law

The legal basis for the enactment of the StVO, which is the responsibility of the Federal Ministry of Transport, is predominantly Section 6 (1) of the Road Traffic Act (StVG). Changes to the Road Traffic Act require the approval of the Federal Council. The implementation of the StVO by the road traffic authorities is regulated in the administrative regulation for road traffic regulations.

The Road Traffic Regulations, together with the Road Traffic Act, the Driving License Ordinance , the Vehicle Registration Ordinance and the Road Traffic Licensing Regulations, largely reflect road traffic law. The criminal regulations in road traffic result from the Criminal Code and the Road Traffic Act. The so-called fine catalog and the points system ( § 4 StVG) must be observed in particular with regard to the fine regulations .

The StVO also applies without restrictions to foreign vehicles and drivers who are in Germany.

Development until 1945

Reich Road Traffic Regulations from 1934

Front page of the Reichsgesetzblatt No. 59 from 1934 with the introductory ordinance of the Reich Road Traffic Regulations

The first legal ordinance to have the term road traffic regulations in the title was the Reich Road Traffic Regulations issued on May 28, 1934 by Reich Minister of Transport Freiherr von Eltz-Rübenach , based on §§ 6 and 27 of the Law on Traffic with Motor Vehicles of May 3, 1909 . This ordinance replaced the ordinance on motor vehicle traffic of May 10, 1932 and the notice on motor vehicle traffic (implementing ordinance) of May 12, 1932, which had replaced earlier ordinances on the subject. The new Reich Road Traffic Regulations came into force on October 1, 1934, with the exception of the provisions of four paragraphs, which only came into effect on January 1, 1935. All state regulations on motor vehicle traffic were also suspended.

Only part B "Conduct in traffic" of the Reich Road Traffic Regulations of 1934 corresponds to today's StVO, while Part A "Approval for traffic" with chapters I "People" and II "Motor vehicles and their trailers" with effect from 1. January 1938 became the Road Traffic Licensing Regulations , from which the 1998 Driving License Regulations were outsourced.

Section 20 of the Reich Road Traffic Regulations stipulated that vehicles that could travel faster than 30 kilometers per hour had to have a lighting device that could illuminate the road at least 100 meters ahead. The intensity of the lighting had to be adjustable in order to be able to dim when approaching vehicles. In addition, the lighting had to make the side boundary of a vehicle clear in darkness and fog.

Reichs-Verkehr-Ordinance 1934: Fig. F: Prohibition of speeds higher than 30 km per hour

Section 25 of the Reich Road Traffic Regulations ("Every participant in public traffic must behave in such a way that he does not harm anyone or more than what is unavoidable under the circumstances, impedes or annoys."), The first paragraph of Part B became Replaced in 1937 by Section 1 of the Ordinance on Conduct in Road Traffic (StVO). The content of the regulations was extended in 1937 to the effect that every road user had to behave in such a way that the traffic was not endangered. The current § 1 StVO is based on it in paragraph 2, in part word for word. As stipulated in Section 34, the police or administrative authorities were responsible for “banning or restricting traffic or individual types of traffic on certain roads”. Orders could also be issued by higher administrative authorities. They could "also restrict the use of roads for reasons of safety or ease of traffic". For this purpose, newly introduced traffic signs for restricted road closures and speed restrictions have been included in the road traffic regulations. A specific speed limit has not yet been laid down in the Reich Road Traffic Regulations.

Amendment 1935

In the ordinance of September 24, 1935 supplementing the Reich Road Traffic Regulations, special requirements and new warning signs were introduced to mark railway crossings. This new regulation, which came into force on April 1, 1936, did not initially apply to 1st and 2nd order roads.

Amendment 1936

On May 16, 1936, an ordinance was passed to amend the implementation instructions for the Reich Road Traffic Regulations regarding traffic signs . Among other things, the previous long-distance roads were renamed Reichsstraßen and an additional board was introduced on which the respective symbol was displayed in the event of a danger that was repeated in rapid succession (curve or cross channel). In addition, signposts were introduced in front of important junctions and crossings.

Road Traffic Regulations from 1937

The only sign of the StVO from 1937 that has remained unchanged until today: the ring for lamp posts

As early as 1937, the Reich Road Traffic Regulations were no longer up to the requirements. In the version of November 13, 1937, the regulation on conduct in road traffic or, for short, the road traffic regulations (StVO), called the package of regulations, was passed. The ordinance came into force on January 1, 1938. The 1937 Road Traffic Act, issued by the then Interior Minister Wilhelm Frick , Reichsführer SS Heinrich Himmler and General Inspector for German Roads, Fritz Todt , was valid for decades. Although it was suspended in the GDR in 1956, it remained valid in the FRG until March 1, 1971, despite several attempts at a new version due to the ongoing criminal discussion. The much more comprehensive revision of 1937 was due, on the one hand, to the rapid advances in road traffic technology and the growth in traffic, and on the other hand, the shifts of competencies and structural changes within the meanwhile consolidated National Socialist state became clear.

In § 25 the "equipment of the bicycle" was dealt with. It was stipulated that bicycles must have yellow reflectors on both sides of the pedals. Like large sleds, bicycles also had to be equipped with brightly tinged bells. Cyclists also had to use existing cycle paths. On roads without cycle paths, cyclists had to keep to the far right edge of the lane. If pedestrian traffic was not obstructed, cyclists were also allowed to use the banquets outside of built-up areas. In principle, cyclists also had to ride one behind the other. Driving side by side was only permitted if there was no obstruction to car traffic. On imperial roads, cyclists had to ride one behind the other outside of built-up areas. The license plates of motor vehicles were now to be illuminated. According to Section 43, children's games were only permitted on streets if these streets were closed to through traffic. An extensive part of the StVO made up the requirements for traffic signs in Annex 1. Here, among many other things, it was also specified that the pre-standard DIN 1451 was to be used as the standard font and that the colors had to be based on the RAL specifications (pp. 1191–1213). Appendix 2 (p. 1214) was headed “Condition and testing of reflectors”. Only officially tested retro-reflectors were permitted.

Amendment 1938

The
stop sign prescribed in 1938

The amendment that came into effect on November 1, 1938 included, among other things, the introduction of the stop sign and a stop line to be attached to intersections, which was to be designed as a lane marking.

Novellas 1939

On May 7, 1939, an amendment came into force in which the maximum speeds for drivers inside and outside built-up areas were regulated. Cars and motorcycles with and without sidecars were allowed to travel 60 kilometers per hour within built-up areas. Trucks and all other motor vehicles had to keep 40 kilometers per hour. Outside built-up areas and on the Reichsautobahn, passenger cars and motorcycles with and without sidecar were 100 kilometers per hour and trucks, buses and all other motor vehicles were 70 kilometers per hour.

This amendment was changed by another amendment in October of the same year and the previously prescribed maximum speeds were partially reduced. Now the rule was: a maximum of 40 kilometers per hour was permitted within the localities, while cars and motorcycles outside the localities were allowed to travel 80 km / h and trucks and buses 60 kilometers per hour.

Novella 1940 (bicycle novella)

The amendment passed on April 24, 1940, the main components of which came into force on October 1, 1940, was devoted to the technical equipment of bicycles. Red tail lights that could also be operated electrically were now mandatory. The regulation on yellow reflectors on the pedals from 1937 has now been supplemented with the addition that new bicycles had to have this equipment.

Amendment 1943

In the amendment of May 19, 1943, a new image (Fig. 34a) was introduced, which was intended to refer to call points for the NSKK traffic assistance service.

Amendment 1944

The amendment introduced on January 28, 1944 ordered the overtaking of other vehicles and until further notice released the vehicle drivers from the obligation to equip their vehicles with operational direction indicators ( indicators ) and stop indicators (brake lights).

Development after 1945 in the German Democratic Republic

In the area of ​​the Soviet sector , the Soviet zone of occupation and the German Democratic Republic , which was founded in 1949, initially no consistent line in the further development of road traffic regulations can be identified. It remained clear that the Road Traffic Regulations from 1937 with their subsequent amendments remained in force until 1944. In the Berlin area, up to the revision of the road traffic regulations in 1956, the provisions of the 1937 road traffic regulations on military and police regulations of the occupying power were supplemented and revised.

Still valid until 1956: the 1937 Road Traffic Act

Amendment 1953

The first and only GDR post-war amendment to the road traffic regulations of 1937 was announced in the law gazette on February 6, 1953. A key point of this amendment was, among other things, the official reintroduction of the word trunk road in place of Reichsstraße and the right of way for motorists on main roads.

The amendment was not introduced in the Soviet sector of Berlin, however, as this continued to have a special status.

Road Traffic Regulations from 1956

The best-known symbol of the 1956 revision of the GDR: the new stop sign that complies with the revised international guidelines

As a regulation on behavior in road traffic (road traffic regulations - StVO -) a new StVO was introduced by the Council of Ministers of the GDR on October 4, 1956 . For the first time since 1945, this StVO also applied to East Berlin without changes from November 23, 1956. On the one hand, the Council of Ministers suspended the previous Road Traffic Act from 1937, but on the other hand also confirmed many of its basic regulations in words and pictures. Overall, new developments and findings in road traffic were addressed and these were adapted to the conditions in the German Democratic Republic. The traffic sign catalog has been slightly revised and supplemented with new signs.

Road Traffic Regulations from 1964

The yellow-blue signpost for transit traffic introduced in 1964

On January 30, 1964, a new road traffic regulation was enacted by the Council of Ministers as a regulation on behavior in road traffic (Road Traffic Regulations - StVO) . It was the longest valid road traffic regulation in the GDR. Many textual details were retained from the pre-war order. This also applied to a number of traffic signs, some of which reappeared in the traffic sign catalog with slight changes. On the other hand, GDR- specific signs that had already been decreed in 1956 were continued and new signs relating to transit traffic were erected. In particular, due to the expected increase in private traffic, many new signs were introduced. The current international regulations have been adopted in many cases. The 1964 road traffic regulations ceased to apply when a new road traffic regulation was introduced on January 1, 1978.

Amendment 1971

As in the west, in 1971 the motorway signs found their way into the traffic sign catalog in the east

With the ordinance amending the road traffic regulations - StVO - of May 20, 1971 , the Council of Ministers, the Minister of the Interior and the Chief of the German People's Police decreed, among other things, new traffic signs and changes in the traffic sign catalog on August 1, 1971. One innovation was the inclusion of the motorway signs in the traffic sign catalog. This signage was regulated separately beforehand. The then current West German Road Traffic Regulations had already taken the same step in terms of motorway signage with the new version of 1970, which came into force on March 1, 1971.

The last road traffic regulations of the GDR of May 26, 1977, which came into force in 1978, were valid until December 31, 1990 with the exception of a few passages.

Development after 1945 in the Federal Republic of Germany

An important new warning sign of the Road Traffic Act from 1953: Risk of skidding

The provisions of the road traffic regulations are in ongoing discussion in specialist circles. Lawyers and traffic planners, increasingly using statistical and other scientific methods, observe whether the rules individually and in combination have the desired effects on the behavior of road users. Sometimes only individual points are changed. The entire set of rules is revised every decades.

Still valid until 1971: the road traffic regulations of 1937

Novellas 1953

On January 23, all speed limits were lifted. Until August 31, 1957, you could drive as fast as you could in built-up areas and outside of it.

The first post-war amendment to the road traffic regulations came into force on September 1, 1953. With the amendment of 1953, on the one hand, many requirements of the pre-war regulations were confirmed, and on the other, new developments and findings in road traffic were addressed. In addition, the 1937 StVO was adapted to the conditions in the Federal Republic. In the amendment, among other things, the outer shape of the triangular traffic signs was changed and new traffic signs were added. In addition to slight color changes, a number of signs retained their previous appearance. From the pre-war and war catalog of the StVO, Fig. 45 “Long-distance traffic” and Fig. 30b “Sketch for the marking of a road on which the right of way must be observed” were omitted.

1956 amendment

The traffic prohibition sign for motor vehicles valid from May 1956 to March 1971. The symbol came from the 1934 Road Traffic Act

The rapid increase in road traffic during the economic boom made a comprehensive revision of the road traffic regulations necessary as early as 1956. The amendment became legally valid on May 1, 1956. Work was done again on the border of the signs. In addition, new international regulations on traffic signs were incorporated into the road traffic regulations. Since mostly the old symbols were left in their design and only the newly added ones were updated in a contemporary way, some pictures kept their appearance unchanged for decades. Due to the high number of new signs, the rampant " sign forest " was denounced early on and the question arose as to how many signs a motorist can expect at the same time. Tests showed that the receptivity of all test subjects was limited to two signs. Only half of the people took a third sign they were aware of.

1957 amendment

Signs for war cemeteries

In the ordinance amending the road traffic regulations of July 25, 1957, it was stipulated that the maximum permissible driving speed “within built-up areas was 50 kilometers per hour for motor vehicles of all kinds”. Passenger cars with trailers and station wagons with trailers had to drive 80 kilometers per hour on federal motorways and other roads. Motorcycles with trailers had 60 kilometers per hour and buses without trailers had to keep 80 kilometers per hour. Trucks up to 7.5 tons without trailers and articulated vehicles up to 7.5 tons had to keep 80 kilometers per hour on motorways and other roads.

In February of the same year, the signs for places away from the street, for information on rivers and sights with images 38a to 38c, were supplemented by the sign for war cemeteries.

Amendment 1960

Fig. 52a:
Right of way kinked

With the amendment to the road traffic regulations, which had already been decreed on December 29, 1960, new, revised additional panels on the "kinking right of way" followed the day after their announcement in the Federal Law Gazette, which could be attached under Figures 30, 30a, 44, 52 if necessary. The "kinking right of way" was placed on a new legal basis by being anchored in the StVO. The new signs replaced an older requirement that provided for right-of-way signs with additional signs.

1962 decree

Signs for concentration camp cemeteries

On September 25, 1962, Federal Transport Minister Hans-Christoph Seebohm issued a sign for concentration camp cemeteries on the basis of image 38c on the signs for places away from the street, for information on rivers and sights . The symbol was also used for concentration camp memorials. With the publication of the Road Traffic Regulations in 1971, a precisely defined successor sign that fits in the series of signs issued up to that point no longer appears in the traffic sign catalog.

Amendment 1964

With the amendment of April 30, 1964, a slightly changed image 30c of the zebra crossing, first prescribed in 1956, was introduced, which gave priority to pedestrians on crossings over automobile traffic. In the Verkehrsblatt 1964, p. 251, the Federal Transport Minister announced guidelines for the implementation of traffic-directing tasks by the road traffic authorities . To this end, the Federal Law Gazette published a picture of how to divert the needs of motorway traffic. This ordinance came into force on June 1, 1964.

Road Traffic Regulations from 1970

The motorway signs became part of the traffic sign catalog from 1971

Enacted on November 16, 1970, on March 1, 1971, among other things, the direction indicator for changing lanes was introduced and the obligation to use cycle lanes introduced in the 1930s only applied to right-hand cycle lanes. Innovations also related to traffic control during construction work. For the first time, the motorway signage has now also been included in the traffic sign catalog. Until then, this signage had been regulated separately by the decree on traffic signs and facilities on Reichsautobahn of April 15, 1938, confirmed as federal law in accordance with Section 3 of the First General Administrative Regulation for the Order Management of Federal Highways of July 3, 1951 (Federal Gazette No. 132).

In addition to these innovations, a number of symbols have been revised or newly created. Among other things, the stop sign stipulated in the Vienna Convention on Road Traffic Signs in 1968 found its way into road traffic regulations. Some characters have also been redesigned in color. Special attention had also been paid to the additional signs. This was about the standardization of texts and sign sizes, which was often neglected in the past. The most important additional signs were now numbered according to the traffic signs.

1980 amendment

One of the additional symbols introduced in 1980 that took into account the needs of the disabled.

The 1980 amendment, which came into force on August 1, 1980, was particularly devoted to parking problems in city centers and the secure open spaces of residents. For the first time, disabled people were also taken into account in road traffic. In addition, the focus was on the new regulations for traffic-calmed zones and stops, especially for school buses. Another important point of change was the DIN 1451 standard , which had remained in use in its basic form since 1931. The new DIN 1451, published in 1980 and valid in 1981, showed many revised numeric characters and figures that were supposed to achieve better legibility. In addition, concepts have been for a more careful kerning design developed. Here, too, the focus was on improved legibility. The creative and typographical efforts of this time were part of a comprehensive design revision of the traffic signs, which in 1992 resulted in the introduction of a partially completely new, radically abstract symbolic language.

1983 amendment

The sign Kraftfahrlinien lost its legal effect on January 1, 1994

The sixth ordinance amending the road traffic regulations contained changes to do with omnibus traffic . In addition, it was stipulated that from August 1, 1983 to December 31, 1993, the sign 226 "Kraftfahrlinien" was given the meaning of the sign 224. From January 1, 1994, the previously valid marking of bus stops lost its legal effect.

1989 amendment

With the Zone Speed ​​Ordinance of February 19, 1985, two traffic signs (beginning / end) were introduced for closed residential areas. Their list was originally limited to December 31, 1989. With the tenth ordinance amending the road traffic regulations of November 9, 1989, the two signs were given their numbers and added to the StVO.

Amendment 1992 (design amendment, end of the German division)

The first West German sign introduced according to the new design guidelines was in 1980 what was then the "sign 325". But it remained one of the few exceptions until 1992.

Since the German reunification on October 3, 1990, the federal German road traffic regulations have also been in effect in the new federal states and throughout Berlin. Some legal sections from the GDR StVO from 1977 retained their meaning even after the 1992 amendment. In addition, two traffic signs from the GDR catalog were included in the overall German road traffic regulations: Sign 272 (U-turn) and, from 1994, sign 720 ( green arrow ).

An essential part of the 1992 amendment was the revision of the symbols. The design amendment for the German traffic signs goes back to 1980. At that time it was decided to revise the design of the traffic signs. The “Specialist group for traffic regulation and signposting” of the Federal Highway Research Institute (BASt) dealt with the redesign of all signs up to the mid-1980s. As a result of this process, the Eleventh Ordinance to Change the Road Traffic Act came into force on July 1, 1992 .

1994 amendment

Sign 720: green arrow

On January 1, 1994, the Seventeenth Ordinance on Amending Road Traffic Regulations of December 14, 1993 came into force. Among other things, the 1991 ordinance on the temporary use of the green arrow sign on traffic lights was repealed and the green arrow became an integral part of the Road Traffic Act. With the publication of April 15, 1994, the regulations for a uniform design of the green arrow in the traffic gazette were issued.

Amendment 1997 (cycling amendment)

With the so-called amendment for cyclists of September 1, 1997, the possibility of allowing bicycle traffic in the opposite direction was introduced in one-way streets . Since then, cycle paths are only compulsory if they are marked with the signs 237, 240 and 241 (white bicycle on a blue background). Instead of building curb cycle paths, cycle lanes (subject to use) or protective lanes (only for orientation purposes) can be set up on the road .

Amendment 2000

The main changes to the amendment of December 14, 2000 were the standardization of roundabouts and 30 km / h zones .

Amendment 2009 (Schilderwaldnovelle)

Sign 269 - prohibition for vehicles with a load of more than 3000 l of water-polluting substances, StVO 1970.svg
Sign 269 - prohibition for vehicles with cargo hazardous to water, StVO 1988.svg


Example of the cost-intensive exchange of signs planned by the Ministry of Transport: left / above the symbol from 1971, right / below the version from 1992
Sign 310 - place-name sign (front);  StVO 1970.svg
Sign 310-50 - place-name sign (front) with circle, StVO 1992.svg


Left / above the sign from 1971, right / below the version from 1992

The 46th StVO amendment of August 5, 2009, passed by the Federal Council on April 3, 2009 came into force on September 1, 2009. It had two main goals: it should reduce the forest of signs and make bicycle traffic safer. In addition, the transitional regulations for old traffic signs, which were based on the regulations valid before July 1, 1992, were deleted without replacement. As a result of the amendment, municipalities were obliged to immediately replace all existing traffic signs that still showed the old design guidelines. Due to the high expected costs, this led to massive protest storms by those responsible.

The Federal Minister of Transport at the time, Peter Ramsauer , felt compelled to re-examine the text of the amendment. Serious formal errors turned out to be. The introductory formula of the regulation cited legal provisions that had never existed in this form. In some cases, the amendment did not mention any authorization basis for the regulations contained therein.

According to a press release published on April 13, 2010, the Federal Ministry of Transport declared its amendment null and void for formal reasons . Formally, a press release has no legal effect, only the regulations announced in the Federal Law Gazette. In addition, the legal problem remained as to whether the Federal Ministry was even entitled to declare such nullity.

Despite these concerns about the actual legal situation, the ineffectiveness of the amendment due to the errors was also perceived as a given in legal circles and in the municipalities and acted accordingly: The traffic signs were not replaced.

In order to remedy the identified deficiencies, the StVO was re-enacted with the new version of the Road Traffic Act (StVO) of July 26, 2012. In their justification, the violation of the constitutional citation requirement is dealt with ( Art. 80.1 sentence 3 GG) .

Amendment 2010 (compulsory winter tires)

On December 3, 2010, the next change to the StVO was announced in the Federal Law Gazette. It concerned the obligation that motor vehicles must be equipped with winter tires in black ice, slippery snow, slush, slippery ice or frost. The amendment came into force the next day. In this amendment to the Road Traffic Regulations, the text of the law referred to the amendment of August 5, 2009, which is still valid despite all concerns and declarations of nullity.

Road Traffic Regulations from 2013

Sign 150 "Restricted level crossing" (1909–2013) One of the oldest symbols standardized throughout Germany (1909) was abolished in 2013.
“War cemeteries” 1957–2013 The information board was deleted from the 2013 traffic sign catalog.

With the new version of the Road Traffic Act, which came into force on April 1, 2013, violations of the constitutional citation requirement (Art. 80, Paragraph 1, Clause 3 of the Basic Law) of various previous amendments were remedied (see comments on the 2009 amendment). In addition to the re-use of old traffic signs, the changes consisted of extensive gendering of the wording , which has since been widely criticized .

Amendment 2014

The change adopted on October 26, 2014 removes the exception to the seat belt requirement for people who drive a taxi or rental car when transporting passengers. Taxi drivers have had to buckle up since October 30, 2014. Cyclists are now acting improperly if they drive on a cycle path in a direction that is not permitted ( Section 2, Paragraph 4, Sentence 4 of the StVO). If there is a cycle path or hard shoulder in the permitted direction, you must expect a fine.

Amendment 2015

The amendment issued on September 15, 2015 gives priority to electrically powered vehicles. A symbol for additional characters has been introduced to e.g. B. to allow electrically powered vehicles on special bus lanes or special parking areas and to exclude them from traffic bans.

Amendment 2016

The amendment passed on November 30, 2016 introduced the symbol of “ e-bikes ”. E-bikes are allowed to use cycle paths outside of town. From now on, children up to eight years of age are allowed to use bike paths that are structurally separated from the road. Children up to eight years of age who use the footpath with their bike can now be accompanied on the footpath by a accompanying supervisor aged at least 16 years. Rescue lanes are to be formed up to walking speed on motorways in case of traffic jams .

Using Paid bicycle paths outside built-up areas and user-paid cycle lanes within built-up areas may also be arranged now that no special hazard able to § 45 para. 9 sentence 3 is (as before protective strip since the revised version of 2013).

Amendment 2017 (mobile phone amendment)

With the amendment of October 6, 2017, a face covering ban was introduced.

In addition, the ban on cell phones at the wheel has been extended to include other electronic devices and regular services at bus stops have been excluded.

Amendment 2019

The amendment of June 6, 2019 concerned the participation of small electric vehicles in road traffic.

Amendment 2020

Sign 350.1: Cycle expressway

The amendment of April 20, 2020 ( Federal Law Gazette I p. 814 ) enacts regulations on the green arrow for bicycle traffic , the minimum distance when overtaking, new traffic signs for the cycle expressway , bicycle zones , cargo bicycles , shark teeth and car sharing ; in force since April 28th together with an amendment to the Ordinance on the Catalog of Fines . 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 violation is therefore also an administrative offense. This should also result in a 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 faster since the revision of the catalog of fines: previously this was ordered from a speed limit of 41 km / h, now from 26 km / h.

The StVO amendment was heavily criticized shortly after it came into force. Federal Transport Minister Scheuer called it “disproportionate” that if you exceed the speed of 21 km / h in town and 26 km / h outside of town there is a risk of a month's driving ban. A petition calling for the revocation of the StVO amendment reached over 100,000 supporters. The ADAC and the FDP also expressed criticism of the proportionality of the StVO amendment. The Cyclists' Traffic Club ( ADFC ) and the Greens, on the other hand, welcomed the new StVO, including the increased penalties.

At the beginning of July 2020 it became known that a legal basis necessary to justify the driving bans had been forgotten in the relevant regulation . As a result, the amendment violates the constitutionally anchored citation requirement . According to the Federal Constitutional Court , a violation of the quotation requirement is serious and will probably lead to the nullity of the new StVO regulation. Due to the formal error, 14 of the 16 federal states announced that they would apply the old catalog of fines again. The Federal Transport Minister Scheuer also called on the states to do so. Among other things, legal experts from the ADAC expressed concerns about the legality of the StVO amendment, in particular the tightened driving bans, because of the formal legal errors. Because of the error, a new StVO amendment is to be worked out. The design of this amendment is controversial between the federal states and the Federal Ministry of Transport, as Scheuer wants to reverse certain driving ban regulations.

Special provisions

Section 50 of the StVO states thatmotor vehicle traffic and cycling are prohibitedon the island of Heligoland . In addition to the police (VW Golf), only the seal hunter named nature conservation officer has a company bike, and there are special permits for over 100 electric carts for transporting goods and some rescue vehicles. At the moment there is still no publication of the data sets for the design and standardized execution of the traffic signs in the Verkehrsblatt .

§ 35 StVO lists all organizations that are exempt from the StVO in certain cases: Federal Armed Forces, Federal Police, Fire Brigade, Disaster Control, Garbage Collection, Police, Street Cleaning and Customs Service. These organizations are allowed to drive on German roads with special rights . Rescue service vehicles are also included when there is a great urgency to save lives or prevent serious damage to health .

See also

literature

  • Wolfgang Bouska, Anke Leue: StVO road traffic regulations. Text output with explanations, general administrative regulations on road traffic regulations, traffic regulations of the Federal Immission Control Act, long-distance travel regulations and selected exception regulations . 25th revised edition. CF Müller, Heidelberg 2018 ISBN 978-3-8114-4539-0
  • Peter Hentschel (greeting), Peter König , Peter Dauer (editing): Road traffic law (= Beck's short comments . Volume 5). 43rd, revised edition. CH Beck, Munich 2015, ISBN 978-3-406-67136-4 .
  • Roland Schurig: StVO - Comment on the road traffic regulations with VwV-StVO. 13th edition, Kirschbaum Verlag, Bonn 2009, ISBN 978-3-7812-1641-9 .

Web links

Individual evidence

  1. a b Reich Road Traffic Regulations and introductory regulations. From May 28, 1934. In: Reichsgesetzblatt , Part 1, No. 59/1934, May 30, 1934, pp. 455-464.
  2. ^ Ordinance on motor vehicle traffic of May 10, 1932. In: Reichsgesetzblatt , Part 1, 1932, pp. 201 ff.
  3. ^ Announcement on motor vehicle traffic of May 12, 1932. In: Reichsministerialblatt , 1932, p. 267 ff.
  4. Ordinance on the admission of people and vehicles to road traffic (Road Traffic Licensing Regulations - StVZO). From November 13, 1937. In: RGBl. I p. 1215 ff.
  5. § 20, Reichsgesetzblatt. I, No. 59, p. 461.
  6. § 1 Ordinance on conduct in road traffic (RGBl. I p. 1179 ff.) - Basic rule for conduct in road traffic : “Every participant in public road traffic must behave in such a way that the traffic cannot be endangered; Furthermore, he must arrange his behavior in such a way that no one else is harmed or hindered or harassed more than is unavoidable under the circumstances. "
  7. § 34, Reichsgesetzblatt. I, No. 59, p. 464.
  8. ^ Reichsgesetzblatt , year 1935, No. 104, September 28, 1935, p. 1181.
  9. ^ Reichsgesetzblatt , Volume 1936, No. 51, May 29, 1936, pp. 456–457.
  10. Reichsetzblatt. Part I, No. 123. In: ALEX - Historical legal and legal texts online . November 16, 1937, pp. 1179 ff. , Accessed on November 11, 2019 .
  11. ^ Reichsgesetzblatt , year 1937, No. 56, November 16, 1937, p. 1190.
  12. Law Gazette of the German Democratic Republic Part I, No. 103, November 20, 1956, pp. 1239–1251; here: p. 1250.
  13. Bulletin of the Press and Information Office of the Federal Government. 78, May 5, 1965, p. 670.
  14. § 25 Equipment of the bicycle . In: Reichsgesetzblatt . Part I, No. 123, p. 1186.
  15. § 21 Sound signals on vehicles . In: Reich Law Gazette . Part I, No. 123, p. 1185.
  16. § 27 Use of the cycle paths and hard shoulders; Section 28 Driving in a row and side by side . In: Reichsgesetzblatt . Part I, No. 123, p. 1186.
  17. § 33 Use of the lighting equipment . In: Reichsgesetzblatt . Part I, No. 123, p. 1187.
  18. § 43 Children's games . In: Reichsgesetzblatt . Part I, No. 123, p. 1189.
  19. ^ Reichsgesetzblatt , Volume 1938, No. 168, October 17, 1938, p. 1434. ( Scan from Wikimedia Commons )
  20. ^ Reichsgesetzblatt , Volume 1939, No. 85, May 5, 1938, pp. 874–875. ( Scan on Wikimedia Commons )
  21. ^ Reichsgesetzblatt , Volume 1939, No. 196, October 4, 1939, p. 1988. ( Scan from Wikimedia Commons )
  22. ^ Reichsgesetzblatt , Volume 1940, No. 75, April 26, 1940, p. 682. ( Scan from Wikimedia Commons )
  23. Ordinance amending the Ordinance on Conduct in Road Traffic. In: Reichsgesetzblatt , year 1943, No. 55, May 31, 1943, p. 334. ( Scan from Wikimedia Commons )
  24. ^ Reichsgesetzblatt , Volume 1944, No. 8, February 4, 1944, p. 48. ( Scan from Wikimedia Commons )
  25. ^ Reichsgesetzblatt , year 1944, No. 56, date of issue: Berlin, February 4, 1944, p. 48.
  26. ^ A b Siegfried Mampel : The Soviet Sector of Berlin. An analysis of its external and internal status . Metzger, Frankfurt a. M., Berlin 1963. pp. 315, 316.
  27. Ordinance amending the Ordinance on Conduct in Road Traffic - Road Traffic Regulations - (STVO) . In: Law Gazette of the German Democratic Republic 19, issue date: February 13, 1953, p. 269.
  28. Law Gazette of the German Democratic Republic , Part I, No. 103, November 20, 1956, pp. 1239–1251.
  29. ^ Siegfried Mampel : The Soviet Sector of Berlin. An analysis of its external and internal status . Metzner, Frankfurt a. M. 1963, p. 315.
  30. ^ Legal Gazette of the German Democratic Republic , Part I, No. 103, November 20, 1956, pp. 1239–1251; here: p. 1250.
  31. Law Gazette of the German Democratic Republic , Part II, No. 49, June 4, 1964, pp. 357–372.
  32. § 52 Entry into force and transitional provisions . In: Ordinance on behavior in road traffic (Road Traffic Regulations - StVO -). From May 26, 1977. In: Law Gazette of the German Democratic Republic , Part 1, No. 20, pp. 257 ff.
  33. Ordinance amending the Road Traffic Act - StVO - of May 20, 1971 In: Law Gazette of the German Democratic Republic , Part II, No. 51, June 22, 1971, pp. 409–415; here: pp. 409, 412.
  34. a b BGBl. 1970 I p. 1565 , ber. 1971 I p. 38
  35. 50 years Tempo 50 faz.net
  36. Bundesgesetzblatt , year 1953, No. 56, date of issue: Bonn, September 3, 1953, p. 1166.
  37. Bundesgesetzblatt , year 1956, No. 19, date of issue: Bonn, April 30, 1956, p. 217.
  38. Visual recognition of the traffic signs is limited. In: The Public Health Service. 24, 1962 p. 258.
  39. Ordinance amending the Road Traffic Act of July 25, 1957. In: Bundesgesetzblatt , Part 1, 1957, No. 34 of July 31, 1957, p. 780.
  40. Bundesgesetzblatt, year 1961, No. 1, date of issue: Bonn, January 5, 1961, p. 8 with illustration of the new symbol.
  41. Verkehrsblatt , 1961, p. 22
  42. Kinking right of way. In: Decisions of the Federal Court of Justice in Civil Matters , Volume 44, Carl Heymanns Verlag, Cologne, Berlin 1966, p. 260
  43. Signs for concentration camp cemeteries . In: Verkehrsblatt , Issue 19, 1962, p. 539.
  44. ^ Beck's short comments: Johannes Floegel, Fritz Hartung: Road traffic law. Road traffic regulations, road traffic approval regulations. Road Traffic Act, provisions of the StGB, the StPO and the JGG for the protection of train path traffic with an appendix of additional regulations. 8th edition, CH Beck, Munich 1966. p. 114.
  45. Bundesgesetzblatt, year 1964, no. 22, date of issue: Bonn, May 9, 1964, pp. 305–307 with illustrations of the new symbols
  46. See also: The Federal Minister of Transport: Establishment of diversions . In: Straße und Autobahn , Volume 15, 1964, p. 215.
  47. ^ Beck's short comments: Johannes Floegel, Fritz Hartung: Road traffic law. Road traffic regulations, road traffic approval regulations. Road Traffic Act, provisions of the StGB, the StPO and the JGG for the protection of train path traffic with an appendix of additional regulations. 8th edition, Beck, Munich 1966. p. 114.
  48. ^ Road traffic regulations, Beck'sche text editions, 10th edition, Beck, Munich 2008, p. XVII
  49. BGBl. 1980 I p. 1060
  50. Font for road traffic according to DIN 1451 . In: Verkehrsblatt 1981, No. 238, p. 448.
  51. P. Krieg: Design and execution of traffic signs and testing of durability. In: Straße und Autobahn , 4, 1980, pp. 196-200; here: p. 196.
  52. Sixth ordinance amending the road traffic regulations . In: Bundesgesetzblatt , I, No. 33, 1983, Bonn, on July 26, 1983; Pp. 949-950; here: 950.
  53. Answer of the Parliamentary State Secretary Manfred Carstens of May 10, 1995. In: Negotiations of the German Bundestag, printed matter Volume 527 , Bonn 1995, p. 31.
  54. ^ Ordinance on the trial introduction of a zone speed restriction (zone speed ordinance). 19 February 1985 . In: Bundesgesetzblatt , 1985, Part 1, No. 10, pp. 385–386.
  55. ^ Hans-Dieter Franz, Frank Müller-Eberstein, Rainer Thomin: Local public transport and zone speed restrictions. In: The City Day. Journal for Municipal Practice and Science, 10, 1986, p. 683 ff .; here: p. 684.
  56. ^ Tenth ordinance to change the road traffic regulations . In: Bundesgesetzblatt , 1989, Part 1, No. 52, pp. 1976–1979; here: p. 1976.
  57. ^ Negotiations of the German Bundestag. Printed matter, Volume 267, 1980, p. 143.
  58. ^ Remains of the StVO GDR in the version of May 26, 1977 still valid after accession
  59. ^ Federal Law Gazette, 1993, Part I, No. 66, published in Bonn on December 17, 1993; Verkehrsblatt Vl. dated March 10, 1994.
  60. 50 years of the Federal Highway Research Institute (PDF)
  61. BGBl. 1992 I p. 678
  62. Seventeenth ordinance amending road traffic regulations. 14 December 1993 . In: Bundesgesetzblatt , 1993, Part I, No. 66, published in Bonn on December 17, 1993. pp. 2043–2044.
  63. Uniform design of the green arrow sign in accordance with Section 37 Paragraph 2 No. 1 Sentence 8 StVO . In: Verkehrsblatt 7/1994 of March 10, 1994
  64. BGBl. 1997 I p. 2028
  65. Br-Drs. 374/97
  66. BGBl. 2000 I p. 1690
  67. Forty-sixth ordinance amending road traffic regulations v. August 5, 2009 (BGBl. I p. 2631), full text and synopsis , BGBl. 2009 I p. 2631
  68. BR-Drs. 153/09 (PDF; 641 kB)
  69. Federal Ministry of Transport, Building and Urban Development: Old traffic signs remain valid . ( Memento from February 16, 2011 in the Internet Archive )
  70. ^ Dieter Müller (lawyer) | Dieter Müller: A minister declares the world - to be void . Legal Tribune Online - Law and Justice Update, June 22, 2010; accessed on March 8, 2016.
  71. ^ Alfred Scheidler: Old traffic signs still apply . Legal Tribune Online - Law and Justice Update, May 29, 2010; accessed March 8, 2016; Cities and Municipalities Association of North Rhine-Westphalia: Invalidity of the StVO amendment from September 2009 . ( Memento from August 10, 2016 in the Internet Archive ) StGB NRW communication 187/2010 from April 14, 2010; accessed on March 8, 2016.
  72. a b BR-Drs. 428/12 of July 26, 2012 (PDF; 1.6 MB)
  73. BGBl. 2010 I p. 1737 , BGBl. 2010 I p. 1737
  74. Signs for war cemeteries . In: Verkehrsblatt , 1957, p. 105.
  75. BGBl. 2013 I p. 367
  76. In order to rule out further such violations, the exact determination of which would "trigger an unjustifiable administrative burden", the Road Traffic Regulations were newly enacted.
  77. BGBl. 2014 I p. 1635
  78. BGBl. 2015 I p. 1573, 1575
  79. BGBl. 2016 I p. 2848 PDF
  80. BR-Drs. 591/19
  81. BGBl. 2017 I p. 3549
  82. a b § 23 StVO
  83. BGBl. 2019 I p. 756
  84. Fines catalog for speed cars 2020. In: derbussgeldkatalog.de . June 2020, accessed on July 14, 2020 .
  85. Markus Balser: "Disproportionate". In: sueddeutsche.de . May 15, 2020, accessed July 14, 2020 .
  86. Federal Constitutional Court - decisions - "Hen keeping regulation" is void. Judgment of July 6, 1999 - 2 BvF 3/90. In: bverfg.de . 1999, accessed July 14, 2020 .
  87. a b StVO amendment 2020 | Federal states suspend regulations: 1 million fines unlawful? How WBS can help you. In: wbs-law.de . Wilde Beuger Solmecke Rechtsanwälte Partnerschaft mbB, July 6, 2020, accessed on July 14, 2020 .
  88. Dietmar Hipp: Number 3 is missing. Driving bans invalid due to legal margin. In: Spiegel Online . July 7, 2020, accessed July 8, 2020 .
  89. Scheuer rowing back: StVO amendment unconstitutional? In: Legal Tribune Online . July 3, 2020, accessed July 14, 2020 .
  90. Christof Henn, Thomas Paulsen: StVO amendment: All changes to the catalog of fines from April are null and void - no charter for speeders! ADAC , July 6, 2020, accessed on July 14, 2020 .
  91. Driving bans: Dispute over road traffic regulations endangers new protection rules for cyclists. In: Spiegel Online . July 10, 2020, accessed on July 14, 2020 .
  92. Markus Bruhn: E-Golf for the police on Helgoland: With the license to charge. In: Spiegel Online . November 10, 2014, accessed July 14, 2020 .
  93. Helgoland - the small offshore paradise. In: zdf.de . Katharina Rau, May 9, 2013, accessed on July 14, 2020 (video available until October 4 , 2020 ).
  94. auto motor und sport: Helgoland. Drunk on electric carts. ( Memento of July 14, 2014 in the Internet Archive ) August 24, 2006