Useless driving back and forth

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Unnecessary driving back and forth is an administrative offense in Germany under Section 30 (1) sentence 3 StVO and is punished with a fine of up to 100 euros. The event is satisfied when one without necessity within a built-up area leaves a distance several times and thus to be bothered other. This can be the case , for example, with the leisure activity called cruising , in which a vehicle is slowly driven along places frequented by many passers-by. The verifiability turns out to be quite difficult in reality.

In the literature, the opinion is expressed that the provision is not covered by § 6 StVG and violates the principle of certainty of Article 103, Paragraph 2 of the Basic Law; it also violates the principle of freedom of movement and permitted common use, since the meaning of road traffic, even when going for a walk, it is exclusively the movement of people and things and this can therefore in no way be described as "useless". In contrast to the prevailing case law, which has no constitutional objections to Section 30 (1) Sentence 3 StVO, the Cochem District Court also saw the provision as a violation of general freedom of action ( Article 2 (1) GG).

Although the regulation does not speak of “motor vehicles” but “vehicles” and is therefore also applicable de jure to non-motor vehicles (such as bicycles and horse-drawn carts), according to Peter Hentschel, cyclists cannot be prevented from doing so by Section 30 (1) StVO alone , for example constantly circling a city block. Until the amended StVO came into force on April 28, 2020, the warning fee was up to € 20.

Other countries

Article 33 of the Swiss Traffic Regulations makes “Continued unnecessary driving around built-up areas, especially in residential and recreational areas as well as at night” a criminal offense. Some cities in the US have laws that prohibit unnecessary driving on the main road (more than three times within two hours in the evening hours).

Individual evidence

  1. ^ The StVO amendment: The new fines . Federal Ministry of Transport and Digital Infrastructure. Retrieved May 4, 2020.
  2. ^ A b Peter Hentschel: Road traffic law. Verlag CH Beck, Munich 2001. 36th edition, § 30 Rn. 14, ISBN 3-406-47139-0
  3. ^ District Court of Cochem, judgment of February 3, 1986, Az. 109 Js (a) 71792/85; NJW 1986, 3218
  4. ^ Federal uniform catalog of offenses: Road traffic offenses, 10th edition (PDF; 1.76 MB) Kraftfahrt-Bundesamt. S. 161/0, Tatbestandsnummer 130112. May 1, 2014. Archived from the original on March 4, 2016. Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Retrieved January 19, 2016. @1@ 2Template: Webachiv / IABot / www.kba.de
  5. ↑ Katja Baigger: Unnecessary driving around is prohibited . In: Neue Zürcher Zeitung . July 12, 2017. Retrieved May 11, 2020.
  6. ↑ Steve Gofman: The End of Cruising ( English ) In: Car and Driver . April 1, 2004. Accessed May 11, 2020.