Right of way (road traffic law)
The right of way in road traffic in Germany gives certain motor vehicles the right to “free movement”.
In German road traffic law, the right of way is the right to demand "free passage" from other road users. This is indicated by the simultaneous switching on of the blue light and the following tone horn ( special signal ). The legal basis is § 38 StVO .
"(1) Blue flashing light together with the emergency horn may only be used in the greatest urgency to save human life or prevent serious damage to health, to avert a danger to public safety or order, to pursue fugitives or to preserve important property .
It orders:
'All other road users have to clear the way immediately'. "
Traffic law arrangement
The right of way is a direct traffic law order that has the right to immediate compliance. The duty of the road user to comply with this instruction also entitles the road user to commit proportionate traffic violations without endangering others (e.g. driving on the hard shoulder, driving over sign 295, driving on restricted areas, crossing stop lines, using the sidewalk), if otherwise no free path could be created. It may also be necessary to use such additional options where an emergency lane has been created.
Sanctions
The fines for violations of the obligation to immediately clear an emergency vehicle with an activated blue flashing light and emergency horn were raised by the Federal Council on September 22, 2017 . Anyone who commits the traffic offense has to expect a fine of 240 euros. There is also a one-month driving ban . If there is also a hazard, the fine increases to 280 euros, and in the case of additional property damage to 320 euros. This was criticized even before the decision was made, since a vehicle standing or moving in the way of the right-of-way vehicle cannot pose any additional risk compared to the absence of the right-of-way vehicle. The new ordinance will be sent to the federal government for execution and will come into force the day after its promulgation.
Eligible vehicles
The right of way can be claimed by any vehicle equipped with blue lights and emergency horns under the above conditions. The vehicles that may be equipped with a blue flashing light are named in § 52 StVZO . It is about:
- Motor vehicles which the Correctional Service of police , military police ( military police and military police stationed in Germany NATO forces. See NATO SOFA ), the Federal Police and the Customs Service are used, the Federal Office for Goods Transport or the Federal Bureau of Aircraft Accident Investigation, in particular command, Patrol vehicles, crew transport vehicles, traffic accident vehicles, homicide vehicles,
- Case hardening and command vehicles of fire brigades and other units and devices of the civil protection and rescue services (eg. B. charities , Technical Relief ) as well as ambulance vehicles registered for ambulance or emergency rescue,
- Emergency vehicles of public transport companies that operate track-guided vehicles (including trolley buses). These vehicles must be recognized as such.
According to Section 70 StVZO, an exception can be permitted in individual cases or in general for certain applicants, for example for the fault service of gas supply companies.
A distinction must be made between right of way and traffic law special rights that allow members of certain organizations (e.g. the Federal Armed Forces, fire brigade, police) to deviate from the rules of the Road Traffic Act, but do not constitute an order to other road users and for which no special signals are required. However, the use of the right of way is usually also associated with the exercise of special rights.
Right of way and accident
Contrary to a widespread legal error, the right of way does not change the right of way . If an accident occurs because the emergency vehicle has run over a red traffic light, for example, and collides with a car that was "green", the main culprit is usually attributed to the driver of the emergency vehicle ( § 35 StVO):
"(8) The special rights may only be exercised with due consideration of public safety and order."
This means that an emergency vehicle must carefully and slowly feel its way into a difficult-to-see right-of-way street until the driver has convinced himself that all those with right of way have obviously recognized the situation and will stop or have stopped. In addition, the necessary signals must be given in good time and for a sufficiently long time. Even then, the driver must not rely on all other road users to have noticed him. Special rights and rights of way do not release from liability and due diligence.
However, the civil law division of liability in the event of an accident is made differently by the courts - also to the detriment of other road users. The other parties involved may have contributed to the accident through excessive speed or loud music in the vehicle and then have to accept payments from the motor vehicle liability insurance and the resulting disadvantages with the no-claims discount .
Web links
- FAQ from de.etc.notfallrettung on special rights and right of way in road traffic
Individual evidence
- ↑ Printed matter 556/17 p. 3, item 43 . Federal Council, September 22, 2017. Accessed September 22, 2017.
- ↑ KG Berlin, July 18, 2005, Az. 12 U 50/04, blue flashing light and emergency horn when driving special right in the intersection area. Judgment with additional information published in DER FEUERWEHRMANN 2008.195. Retrieved March 22, 2020 . (PDF; 702 kB)
