Traffic control
A traffic control can be carried out by law enforcement officers in public road traffic anytime, anywhere and regardless of the event for any road user . All road users are affected, mostly vehicles, so the overarching term is tactically vehicle control . The combination of traffic control and vehicle control is therefore the most common. Traffic control is the legal term, vehicle control is the tactical, internal term used by the police.
In Germany, the basis for this is Section 36 (5) of the Road Traffic Act (StVO; no police law ), in Austria it is the 1960 Road Traffic Act . Traffic control includes the control of the vehicle, the control of its driving ability and the traffic surveys. The sign to stop may u. a. be given by speaking, gesturing, using suitable technical equipment on the emergency vehicle ( stop signal transmitter ), a beeper or a red light. These signs can also be used to stop a road user in front. The acoustic Yelp signal has also been used on a test basis in Germany since 2005 .
Following the ordinance is putting oneself in control by holding. The road user must also wait a reasonable time for the officers to carry out the traffic control. Failure to comply is a traffic offense in Germany .
According to the administrative regulation for road traffic regulations (VwV-StVO), traffic controls (independent of suspicion) may only be carried out by law enforcement officers who are recognizable as such or whose vehicle is recognizable as a police vehicle. This does not apply to the prosecution of administrative offenses or criminal offenses.
Content
A traffic control can extend to checking the road user and the vehicle he is driving.
Vehicle driver
In the case of a vehicle driver, the driving ability of the vehicle driver (in the case of driving school vehicles also that of the driver) can be checked; this mainly includes the influence of intoxicating substances. The vehicle driver can also be tested for physical defects such as illnesses , disabilities or fatigue .
If he is obliged to carry authorization certificates including requirements and restrictions, these can also be checked; this also applies to driving licenses , passenger transport licenses , driving instructor licenses and GGVSEB licenses. Similarly, during a check of the social legislation relating to road transport , the driving and rest times of the tachograph (by taking tachograph ) and the EC recording equipment are checked.
In addition to the above-mentioned obligations to carry along and conduct, a vehicle driver also has other obligations to cooperate. It is permissible for officials to ask the driver to get out during an inspection. A refusal can be prosecuted as an administrative offense (standard rate € 20, No. 128 Fines Catalog Ordinance ). Participation in an alcohol test ("blisters") or a rapid drug test is voluntary. However, if there is a justified initial suspicion of a criminal offense (e.g. endangering road traffic, Section 315c StGB ), blood can be taken from the driver even against his will. Since August 2017 there is no longer any need for a judicial order. To do this, the driver can be taken to a hospital or to the police station; in the event of refusal, enforcement and usually the associated provisional arrest are permissible. The initial suspicion can be given, for example, by abnormal driving or speaking style, enlarged pupils , the smell of alcohol and the like. Taking blood is a measure under Section 81a of the Code of Criminal Procedure and not under road traffic law and is used exclusively to prosecute a criminal offense or an administrative offense. The blood sample must be taken by a doctor according to the rules of medical art for examination purposes.
vehicle
During the traffic control of a vehicle, in particular the condition, namely the roadworthiness, can be checked. These include vehicle lighting and other lighting equipment, the tread depth of the tires, sharp-edged or protruding vehicle outlines and other modifications or damage.
A check of the conformity of the entries in the vehicle registration with the vehicle technology is possible, including built-in or attached parts, modifications ( vehicle tuning ). Furthermore, the load , the load securing and the number of occupants in the vehicle can be checked.
Equipment to be carried with you can also be inspected , including fire extinguishers in power buses , warning triangles , first aid material , ground obstacle lights and other items. Correct toll payment can also be checked.
Documents belonging to the vehicle, such as the vehicle papers (registration certificate Part I, colloquially vehicle registration, attachment confirmations) and others can be subjected to a review. Furthermore, the authenticity of the documents and their search-related checking of the individual numbers is often part of the control.
Legal basis of traffic control
Applicable regulations include the Road Traffic Regulations , the Driving License Regulations , the Compulsory Insurance Act , the Vehicle Tax Act , the Tax Code , the Road Traffic Licensing Regulations , the Vehicle Licensing Regulations , the Ordinance on International Motor Vehicle Traffic , the Passenger Transport Act and BOKraft .
Special features are controls of the social regulations in road traffic, which are not part of the traffic controls according to the StVO. These controls may also be carried out by other authorities, for example by customs and the Federal Office for Goods Transport .
A traffic control can be followed by measures of police law , administrative offense law and criminal procedure law (or vice versa).
See also
literature
- Peter Mindorf: Traffic controls . Richard Boorberg Verlag, Stuttgart a. a., loose-leaf work with 78th update, status November 2018, ISBN 978-3-415-00829-8 .
- Robert Daubner: Checking vehicles and vehicle drivers . 12th, updated and expanded edition. Richard Boorberg Verlag, Stuttgart a. a., 2019, ISBN 978-3-415-06673-1 .
Individual evidence
- ↑ Cologne Higher Regional Court , judgment of January 31, 1984, Az. 1 Ss 541/83, VRS 67, 293.
- ↑ If the vehicle is not carried, a control request is usually issued.
- ↑ Fabian Toros, Pascal Förster: Current legal issues on vehicle controls and control days . In: Deutsches Polizeiblatt . No. 6 , 2018, p. 18th ff .
