Fine proceedings in the event of traffic offences
Administrative offences punishable by a fine of at least EUR 60.00 may be punished only by a fine notice. In the case of gross or persistent traffic violations, a driving ban of one month to 3 months may be imposed in addition to the fine.
Only in the case of minor offences is it possible to issue a warning with a warning fee of up to EUR 55.00 instead of a fine notice.
In the case of traffic offences, the basis for determining the amount of the fine and the duration of the driving ban in the event of traffic offences is the catalogue of fines applicable in Germany.
In the event of a fine notice, the person concerned must also bear the costs of the proceedings (fees and expenses).
Legally binding fines with a fine of at least 60.00 euros, which are classified as impairing traffic safety, will be notified to the driving suitability register at the Federal Motor Transport Office in Flensburg.
Verwarnungsgeldverfahren bei Verkehrsordnungswidrigkeiten
There is a reference number on each communication or letter from the authority of the fine. This reference number shall be indicated for all entries and payments.
An administrative offence has been committed which is contrary to the rules on road traffic.
Gesetz über Ordnungswidrigkeiten (OWiG)
The fine procedure usually begins with a hearing. The road user is made aware of the traffic offence he is accused of and is given the opportunity to describe his or her view of what happened and to raise objections to the accusation.
If, after the hearing, the competent authority continues to uphold the allegations, it shall issue a fine notice.
If an objection is lodged against the fine notice in due time, the fine authority will review the situation and whether it will uphold its decision. If the fine authority concludes that the transaction has been lawful and that the decision taken is correct, it shall hand over the files on the public prosecutor's office to the district court, which will re-examine the case.
If no appeal is filed against the fine notice or is not filed in due time, the fine notice becomes final and cannot be changed. The total amount shown in the decision must be paid.
If no payment is made, a dunning procedure is initiated, which entails additional costs. If the order for payment procedure is unsuccessful, enforcement proceedings will be followed. Because of the fine, the district court may also order enforcement detention.
For the duration of the driving ban, the driving licence is taken into official custody by the fine authority. If the driver's license is not issued voluntarily, it will be confiscated with the help of the police.
Responsible for the content
Hessian Ministry of the Interior and Sport
Last update or date of publication