AIn view of the formal error in the tougher penalties for driving bans for speeders, all 16 federal states now want to check legally whether driving licenses that have already been withdrawn will soon be returned. The states agreed on Monday after consultations with the Federal Ministry of Transport at work level, as the German press agency found out from the country circles.
Because of the severity of the intervention, the states wanted to subject such a decision to a state-wide “equity check” despite the legal force that had already arisen, if the old fine catalog had not imposed a driving ban, it said.
In Saarland and Bavaria, for example, driving licenses that have been confiscated are already being returned. The state authorities want to decide pending proceedings according to the old catalog of fines as it was valid before April 28. The equity check only applies to the rules on driving bans.
Scheuer wants to undo reform
The new road traffic regulations actually stipulate that driving licenses can be withdrawn for a month if you drive 21 kilometers per hour too quickly in urban areas or 26 km / h too quickly in urban areas. Previously, the limits were exceeded at 31 km / h in town and 41 km / h outside.
However, a formal error recently appeared in the regulation. As a result, all countries initially put the new catalog of fines out of operation. Federal Transport Minister Andreas Scheuer (CSU) considers the new driving ban rules to be excessive when driving too fast. He wants to use the elimination of the formal error to undo the tightening, but is getting headwind from the circle of the federal states.
Baden-Württemberg’s Minister of Transport Winfried Hermann (Grühe), for example, had spoken out strictly against turning away from the stricter sanctions. The fault was with Scheuer, who was now also trying to correct what he did not like, the Green politician had said. “The green side is very clear: we want a quick formal legal correction without changing the measures that have been adopted.” In addition, there must now be a uniform transitional arrangement quickly.
Chancellor Angela Merkel (CDU) made it clear on Monday that she is betting on a compromise between the federal and state governments. The talks on changing the road traffic regulations are ongoing and necessary to find a compromise, said government spokesman Steffen Seibert in Berlin. “Legal security is a valuable asset and must be created.” There is a “formal error” with which the new regulations could not enter into force. “So healing has to be found.”