Traffic instruction
Traffic instruction , also known as traffic instruction in Switzerland , serves to convey traffic rules , appropriate traffic behavior and thus promote traffic safety . It has two meanings
- Teaching children in schools and kindergartens by police officers (e.g. with a traffic puppet stage )
- Lessons as a sovereign measure according to § 48 Road Traffic Regulations (StVO)
Traffic lessons in schools
With the KMK recommendation of July 7, 1972 , the subject of traffic studies in the Federal Republic of Germany was converted into an interdisciplinary teaching and learning area of traffic education and gradually anchored in the curricula of the federal states as a mandatory area of responsibility. Its implementation was entrusted to the schools, with traffic police officers working closely with the teachers to this day.
In the police service in Switzerland , one year of special training in traffic studies with courses in traffic didactics leads to the so-called "traffic instructor", who is responsible for improving traffic safety and the like. a. is used in kindergartens, schools, at parents 'evenings and senior citizens' meetings. He plans and implements campaigns and campaigns, for example in training novice drivers, pilotage services or advising authorities, and supports teachers in road traffic education. Depending on the size of the respective police corps, these tasks can be delegated to the traffic police on a full-time basis or only on a part-time basis.
Traffic lessons as a traffic pedagogical offer
Road users who, in the opinion of the road traffic authority , need to be retrained, can, by order of the authority, be imposed on them by the traffic police. The suggestion for this comes mostly from the police, whereby there must be a specific cause (serious violations or lack of knowledge of the traffic rules).
The legal basis is § 48 StVO and the associated administrative regulation for road traffic regulations (Vwv-StVO).
The training is usually carried out in groups and in the form of frontal teaching . However, individual training is also possible. Participation is compulsory , absenteeism is subject to a fine in accordance with Section 49 (4) No. 6 StVO .
Structure of the regulation
Section 48 of the StVO formulates a compulsory task for the road traffic authorities to set up traffic instruction in their area of responsibility: Anyone who disregards traffic regulations is obliged to take part in a course on how to behave in road traffic at the summons of the road traffic authority or the officials commissioned by it.
As early as 1970, the legislature stated that opinions were divided about the usefulness of traffic instruction, but clearly stated that it was useful, as the Federal Minister of Transport unequivocally stated: "The mere fact that not (yet) sufficient staff are (yet) everywhere The availability of strength does not justify giving up an institution which, if used sensibly, is a good means of accident prevention education for the population. "
Also the Vwv-StVO to § 48 under I. assumes that the establishment of the traffic instruction is a compulsory task of the road traffic authority, if it formulates: "For traffic instruction also young people from 14 years on, owners as well as supervisors in factories and companies are to be involved, if they have not fulfilled their duties ”. This means that the duty of attraction applies in particular to the offenders.
The requirement: non-compliance with traffic regulations
The regulation on traffic instruction was created for rule violators in road traffic.
As a prerequisite for an order and summons for traffic instruction, § 48 StVO only requires the fact that the person to be summoned did not observe the traffic regulations. Failure to observe means violating road traffic regulations, but does not only include violations of regulations with penalties. In any case, however, the traffic violation must be verifiable.
Road traffic authorities require these road users to obtain current extracts from the central traffic register . With § 48 StVO a broad field is addressed, which basically includes the entire traffic law. The official justification to § 48 StVO does not limit the group of traffic regulations that can give rise to the traffic instruction, and the Vwv-StVO to § 48 only mentions under II. As a material basis for a subpoena the fact that im Traffic mistakes have been made.
Behavioral errors are evaluated according to the severity of the offenses or the consequences of the offense, in order to then decide which offenses a traffic instruction can be promising for and whether there are legal sanctions for which a traffic instruction would no longer be significant. However, the more severely the offense that has been committed affects traffic safety, the more likely it is that the perpetrators should be involved in traffic instruction. This applies after traffic offenses that are generally capable of severely impairing traffic safety. According to criminal law , criminal procedure law and penal law, there are insufficient possibilities for adult offenders to ensure that offenders behave in a way that is appropriate for the future by means of preventive measures in addition to criminal sanctions.
If young people or adolescents have committed traffic offenses, juvenile judges can issue the offenders with an educational measure in the form of an instruction to take part in traffic lessons. The legal basis for this instruction can be found in Section 10, Paragraph 1, Clause 3, No. 9 of the Youth Courts Act (JGG). According to Section 11, Paragraph 1, Clause 1 of the Youth Court Act, the youth judge also determines the duration of the instruction, which consists of complete participation in traffic lessons.
An order for traffic instruction also applies after all administrative offenses that are listed in the BKat following the weight of the offense or mentioned in § 49 StVO, § 69a Road Traffic Licensing Regulations (StVZO), § 75 Driving License Ordinance (FEV) and are not minor. The multiple offender point system ( § 4 Road Traffic Act (StVG), §§ 40 ff. FeV) and the associated processing practice through advanced seminars and traffic psychological advice are basically suitable for effectively countering the driving aptitude deficits that are visible in the traffic violations committed, but offers one from official On the other hand, traffic instruction offered in a professional context is another starting point to work towards future rules-compliant behavior in road traffic.
As in the case of traffic criminal law, a possible special route for young people and adolescents also applies in the case of traffic offenses . If fines are set for adolescents and adolescents for violating traffic regulations and these cannot be paid by the perpetrators, the youth judge can, according to Section 98 (1) sentence 1 No. 3 OWiG , order the delinquents to take part in traffic lessons, among other things. In this context, the youth judge decides on the type and scope of the traffic instruction.
Decision of the road traffic authority
The road traffic authority decides on a traffic instruction order. This is a discretionary decision , the traffic instruction may only be ordered for the purpose of increasing traffic safety. A summons from the road traffic authority requires participation. She's as administrative in administrative courts contestable and can the opposition proceedings , appeal decision and legal challenge to the Administrative Court lead.
Addressees of the traffic instruction
In the case of road users with a high number of violations of the Road Traffic Regulations, a check must be made as to whether they will be accessible to a traffic instruction at all, i.e. whether they will in principle show insight into their respective misconduct.
According to II. Of the Vwv-StVO to § 48, the addressees usually have the following deficits:
- insufficient knowledge of traffic regulations,
- insufficient mastery of traffic regulations,
- Failure to understand the importance and scope of traffic regulations.
In principle, a summons for traffic instruction is only lawful if the person concerned demonstrably needs a traffic pedagogical instruction about his or her misconduct. In the event of a dispute by the summoned person, this need must be proven by the inviting administrative authority in each individual case, which should not be problematic on the basis of the previously documented traffic offenses.
Not only perpetrators who acted in flowing traffic may be summoned, but also persons responsible who have not fulfilled their relevant supervisory duties or have not fulfilled them to the desired extent. This also addresses vehicle owners and their authorized persons (such as fleet managers) who have at least tolerated illegal activities. The Vwv-StVO to § 48 addresses this group of people under I. in a group to be narrowed down as persons subject to supervision in companies and companies.
Traffic lessons can be ordered against all offenders who are at least 14 years of age or older. The summons to the traffic instruction must take into account the possibility of participation of a road user (Vwv-StVO to § 48 under V.). An order at unusual times (e.g. Sunday morning) should therefore be avoided and would be disproportionate (contrary to Vwv-StVO to § 48 under V.). The traffic lessons in the early evening of a working day or on Saturday morning are in any case reasonable.
Purpose of the traffic education
The traffic instruction should only be arranged in the interest of increasing traffic safety and is not to be regarded as a fine or any other repressive measure under the law on administrative offenses.
The purpose of the regulation is not mentioned in the text of § 48 StVO, but in the Vwv-StVO to § 48 under II. Traffic safety is to be increased as a whole by instructing individual perpetrators and groups of perpetrators in the context of traffic instruction.
See also
Web links
Single receipts
- ↑ Traffic instructor on berufsberatung.ch.
