The traffic law is part of the transport sector and broadly comprises all legal norms , with the traffic , so the change of location of persons and goods, communicate. It is very complex, as it is made up of a wide variety of regulations under public and private law . Due to the diversity of the requirements to be regulated, it is difficult to record in a codification and is therefore subject to detailed legislation. In addition to ensuring a functioning transport infrastructure, traffic law is one of the two major areas of responsibility of transport policy .
A possible division is the distinction between regulations of public law and regulations of private law. Public traffic law includes traffic administration law (e.g. issuing or revocation of a driving license) and traffic law and fines (e.g. warning fines for parking violations). Private traffic law can be subdivided into traffic contract law (e.g. freight contract or warranty law when buying a car) and traffic liability law (e.g. damage compensation and traffic insurance regulations).
Another possible division of traffic law is a division into general traffic law and special traffic law. Based on the various modes of transport, the special traffic law is divided into rail traffic law, road traffic law, aviation law, water traffic law and maritime law.
Road traffic law
In the European Union , the following directives create uniform minimum standards for the individual member states in traffic law:
- EEC Directive 70/156 / EEC of the Council of February 6, 1970 on the approximation of the laws of the Member States relating to the type approval for motor vehicles and motor vehicle trailers (harmonization of vehicle classes)
- EC Directive 1999/37 / EC of the Council of April 29, 1999 on registration documents for vehicles, amended by Directive 2003/127 / EC
- Commission Directive 2003/127 / EC of December 23, 2003 amending Council Directive 1999/37 / EC on vehicle registration documents
- EEC Directive 91/439 / EEC of the Council of July 29, 1991 on driving licenses
- Directive 2006/126 / EC on driving licenses
- Directive 2011/82 / EU (Traffic Offenses Directive) , repealed by Directive (EU) 2015/413
- Directive (EU) 2015/413 (Traffic Offenses Directive)
In road traffic, road traffic law is of great importance in the everyday life of every citizen. Traffic law does not represent a classic area of law in the legal sense, but is made up of the following sub-areas:
- Civil traffic law , specifically as liability law (damages and compensation for pain and suffering after a traffic accident) and contract law (car purchase and leasing including contract drafting and the associated warranty claims).
- Traffic offense law , in particular through notices of fines and entry in the Flensburg driving license register (FAER) as well as driving bans.
- Traffic criminal law , usually as unauthorized removal from the scene of the accident (§ 142 StGB), dangerous interference in road traffic or endangering road traffic (§ 315 b StGB or § 315 c StGB), whereby a driving ban or the withdrawal of the driver's license is regularly threatened.
- Traffic administration law (issuing and revocation of the driving license , logbook edition and towing measures)
- Insurance law , in particular with links to liability insurance , partially comprehensive or fully comprehensive insurance .
The legal provisions on planning, road construction loads and road use do not belong in the narrower sense to traffic law, but are summarized with the generic term " road law ".
The main regulatory materials are the Road Traffic Act (StVG), the Road Traffic Act (StVO), the Road Traffic Licensing Regulations (StVZO), the Vehicle Licensing Regulations (FZV) and the Driving License Regulations (FeV). Road traffic law is thus typical regulatory law that is determined by federal law. Different authorities (e.g. road traffic authority, public order office, public prosecutor's office) but also entrusted persons (private individuals who are entrusted with the exercise of sovereign tasks - the best-known example of this is the TÜV ) are responsible for the individual legal areas .
The road traffic law (as " right of the road ") is bound to the dedication of the road according to road law, but the road traffic law also applies to (non-dedicated) private roads if there is general traffic on them. It relates to regulating the safety and ease of traffic on the road. It is used wherever a traffic area is accessible to the general public, i.e. where public traffic takes place in other words (→ traffic reason ).
The largest association of lawyers specializing in traffic law in Germany is the traffic law working group of the DAV eV with over 6,000 members. Furthermore, the Association of German Traffic Law Lawyers exists as an independent association.
The road traffic law (in Austria called road traffic and motor vehicle law as legal matter ) is regulated here by a series of laws and ordinances. The most important are:
- Road Traffic Regulations (StVO)
- Motor Vehicle Act (KFG)
- Driving License Act (FSG)
Road and right of way
The road and right of way is not a traffic law, but defines it as “right on the road” and therefore belongs to public law. Road law is the overriding law, which is usually state law (road law), federal law only in the area of federal highways ( federal roads and motorways , federal highways law ). It determines the use of the road within the scope of the dedication . The dedication provides for several forms of use: common use , residential use , special use under public law and special use under civil law . The competent authority is the road construction agency or the road supervisory authority.
International passenger and freight transport
In addition to national regulations, there are intergovernmental agreements that mainly regulate the transport of people and goods by road. The International Agreement on Motor Vehicle Traffic of April 24, 1926 is reflected in German law as IntKfzV . In freight transport in particular, however, there is a whole range of standards from European law, some of which have been implemented in national law or are directly applicable. The Convention on Contracts for the International Carriage of Goods by Road (CMR) unifies parts of international transport law.
Federal supervisory authority v. a. The Federal Motor Transport Authority (KBA) based in Flensburg - Mürwik is responsible for the technical area of road traffic .
In air traffic, traffic rights initially refer to international agreements on the licensing of airlines, see also Freedoms of the Air . The actual aviation law includes not only national but also to a large extent international law. International uniform law was created in particular by the Warsaw Convention of October 12, 1929 and the related Montreal Convention of May 28, 1999 as well as within the scope of European Union law by the EC Regulation (EC) No. 261/2004 of February 11 2004 (more see Passenger Rights ).
Federal supervisory authority v. a. The Federal Aviation Office (LBA) based in Braunschweig is responsible for the technical area of air traffic .
Railway law includes all regulations for the construction and operation of rail vehicles. The regulations, which have hitherto been predominantly nationally structured, are also increasingly determined by international agreements. In Germany, the General Railway Act (AEG), the Railway Traffic Regulations (EVO), and the Railway Construction and Operating Regulations (EBO) are of particular importance. In international rail traffic, the Convention on International Rail Traffic ( COTIF ) and its appendices A (CIV, passenger traffic) and B (CIM, freight traffic) created uniform law.
Magnetic levitation law is a special form of traffic law . The federal supervisory authority for both railways and magnetic levitation trains (these are not legally a railways!) Is the Federal Railway Authority (EBA) based in Bonn.
Trams and underground trains are subject to the building and operating regulations for trams ; they are monitored by designated authorities in the individual federal states. Narrow-gauge railways are subject to the Railway Construction and Operating Regulations for Narrow- Gauge Railways (ESBO), which are also monitored by the federal states.
Right of the waterways
The waterways used for general traffic (large rivers and canals including the lakes through which they flow as federal waterways ) are owned by the federal government, which sets the right of way for the federal waterways and the traffic law for inland waterways. The right of way for the other waterways is state law. There are various legal provisions on the use up to the approvals for the operation of ships of all conceivable size classes.
The law of the sea originates mainly from international agreements (in addition, national law can always play a role). In addition to the shipping registers , the maritime courts and the requirements for acquiring a captain's license are particularly important .
Other means of transport
In addition to the classic means of transport, which are already listed in the article, there are also other means of transport. For example, cog railways are subject to additional regulations, there are also separate regulations for cable cars , as well as for mine railways . In some cases this leads to real obscurities, for example the state of Mecklenburg-Western Pomerania had to create a cable car law due to an EU directive, although there is no cable car in the country.
- Peter Hentschel (greeting), Peter König , Peter Dauer ( editing ): Road traffic law (= Beck's short comments . Volume 5). 44th edition. CH Beck, Munich 2015, ISBN 978-3-406-69610-7 .
- Furthermore (Hrsg.): Handbuch Straßenverkehrsrecht. 2nd Edition. Nomos Verlag, 2006, ISBN 3-8329-1281-9 .
- Berr, Krause, Sachs: Drugs in road traffic law . CF Müller-Verlag, 2007, ISBN 3-8114-0845-3 .
- Strehl: Right in traffic . 26th edition. Verlag Heinrich Vogel, 2006, ISBN 3-574-27311-8 .
- Spreng: The new road traffic law . Beck legal advisor in dtv, ISBN 3-423-50633-4 .
- Burmann et al. a .: Road traffic law. Comment . 21st edition. CH Beck, 2010, ISBN 978-3-406-59421-2 .
- Rainer Heß, Michael Burmann: The development of road traffic law in 2011 NJW 15/2012, 1042. (following the previous article […] in 2010 in NJW 16/2011, 1124)