What fine is there for a traffic violation in Austria?
ID: 2075181
Rechtsanwälte Kotz GbR ist eine deutsche Anwaltskanzlei, die Rechtsdienstleistungen für Mandanten in einer Reihe von Bereichen anbietet, darunter Verkehrsrecht, Versicherungsrecht und Arbeitsrecht. Die Kanzlei mit Sitz in Kreuztal, einer Stadt in Nordrhein-Westfalen, wurde 2008 von Rechtsanwalt Carsten Kotz gegründet.
(firmenpresse) - Austria, our direct neighbor, is still a very popular travel and holiday destination among Germans. Whether you are drawn to hiking or skiing in the mountains, to the metropolitan region and state capital Vienna, or to Graz, Linz, Salzburg or Innsbruck, to one of the countless picturesque Austrian lakes, such as Lake Constance, Lake Wörthersee or Lake Wolfgang : Due to the immediate neighborhood and the comparatively short journey by (own) car, Austria is ideal for a car trip. However, anyone who believes that the same traffic regulations apply as in Germany simply because of the (cultural and linguistic) proximity is wrong.
General & Road Traffic
Foreign visitors and transit travelers expect a variety of different and sometimes surprising regulations in Austria. Not only is a motorway toll generally due, but violations of the toll regulations are prosecuted with high fines (so-called replacement toll). Furthermore, traffic violations are punished with very inconsistent fines. There are also a number of different Austrian legal terms that drivers across the country's borders often don't have much use for. These include terms such as organ mandate, anonymous order, criminal conviction, driver survey, substitute toll, arrest or execution.
Parking and stopping: There are a number of legal stopping and parking bans. Short-term parking zone regulations often apply to entire city districts or municipal areas - with signage only at the beginning of the town; There are only some additional blue markings on the road. Yellow zigzag lines mean no parking. Parking vehicles on private property - often not immediately recognizable - is subject to a lawsuit and high legal fees and procedural costs due to "unauthorized disturbance of property".
Speed ??limits: In urban areas, the maximum speed for all vehicles is 50 km/h. Outside town, cars, motorcycles and other motor vehicles up to 3.5 t are allowed up to 100 km/h. For motorhomes and trailer combinations with more than 3.5 t, a maximum of 70 km/h is permitted outside of town, for cars with a light trailer 100 km/h, and with a heavy trailer (e.g. caravan) 80 km/h. Cars, motorcycles and other vehicles up to 3.5 t are allowed to travel at a maximum speed of 130 km/h on motorways. Additional restrictions apply due to different regulations: a maximum of 110 km/h is permitted on the Tauern, Inntal, Brenner and Rhine Valley motorways between 10 p.m. and 5 a.m. for cars and motorcycles. Furthermore, parts of the rapid transit network have flexible speed limits. The Air Immission Control Act is a special regulation: within its scope, the maximum permissible speed is displayed accordingly with the addition “IG-L”.
Alcohol: In Austria - as in Germany and many other European countries - the 0.5 alcohol limit applies. However, a 0.1 alcohol limit applies to probationary license holders (novice drivers) and truck drivers. Overall, our Austrian neighbors are pretty strict when it comes to drunk driving: even the first drunk driving with a blood alcohol level of 0.5 - 0.79 can result in a fine of 300 - 3700 EUR. Likewise, a so-called reservation (comparable to our German points in Flensburg) can be expected from the first drunk driving incident. If you have a blood alcohol level of 0.8 or more, you can expect a driving ban of one month. In addition, there is a fine of at least 800 euros and, in such a case, drivers must also attend traffic psychology training, which also costs several hundred euros. Such traffic psychological training is also expected of repeat offenders who have already violated the 0.5 alcohol limit once. However, if a driver is caught with more than 1.2 per mille, the fine will rise into the four-digit range, so that the corresponding fine amounts to a fine of between EUR 1,200 and EUR 4,400. In addition, there is a driving ban of at least four months and additional training for a fee. If the blood alcohol level exceeds 1.6 per mille, it is a criminal offense for drunk driving, for which the fine can rise up to EUR 5,900. There are also the costs for additional training, the costs of around EUR 800 for a traffic psychological examination and a driving ban of at least six months.
Driving bans and points: The German driving ban roughly corresponds to a “withdrawal of driving privileges” under Austrian law. Driving privileges can also be revoked for shorter periods of time (three, four or six weeks). This means that foreigners are deprived of the right to drive motor vehicles on Austrian roads. Instead of a driving license points system, there is a so-called reservation system in Austria, which generally also applies to foreign traffic offenders who have committed certain offenses in Austria. This includes so-called moderately serious violations such as red light violations or failure to yield right of way, but also driving under the influence of alcohol from 0.1 per mille (with a truck) or from 0.5 per mille (with a car/motorcycle). The procedure goes as follows: after the first violation, there is a notice (entry in the register), then follow-up training or security training - but not for foreigners.
Other: In the event of a breakdown or accident outside of town, the driver must wear a high-visibility vest. Motorcyclists must carry a small first aid kit. A person with the right of way can lose their right of way by stopping! There is no uniform Austrian catalog of fines, as is the case in Germany. Rather, the individual authority districts themselves determine the amount of fines for individual offenses. Only minor traffic offenses are usually dealt with anonymously. However, there is also a catalog for so-called organ punishment orders, in which a so-called organ mandate is issued. The organ mandates are the same throughout Austria and are usually imposed by police officers (e.g. during a traffic stop), whereas the anonymous orders are issued by the responsible fine authorities (administrative criminal proceedings). The only difference between an anonymous order and a mandate is that the fine for an anonymous order does not exceed EUR 365 and the penalty is not entered in the criminal register (hence remains “anonymous”). What both measures have in common, however, is that they represent a sanction due to a violation of traffic regulations. The prosecution of so-called administrative offenses (administrative offenses) is carried out in administrative criminal proceedings, which roughly corresponds to German fine proceedings. In the abbreviated procedure, either a mandate, an anonymous order or a criminal order can be imposed. If a penalty is issued, the fine is significantly higher and a corresponding entry is made in the criminal register. Furthermore, a penalty order will be issued if the anonymous order is not observed or instead of it. An objection can be lodged against a penalty order within two weeks of delivery of the notice. As a rule, the administrative authority decides on the objection by means of a penal decision. In Austria, owner liability only exists to a limited extent in such a way that the vehicle owner is obliged to provide so-called driver information about the respective vehicle driver.
This applies even if the driver is a close relative. A vehicle owner's refusal to provide information can result in a fine and in practice is usually punished with the fine provided for the basic offense (upper limit of EUR 5,000). The statute of limitations for prosecution for traffic violations is one year. For criminal offenses, the limitation period depends on the level of punishment: one year if the act is punishable by a fine or a maximum of six months' imprisonment and three years if a maximum of one year's imprisonment is imposed and five years if a maximum of five years' imprisonment is imposed. The limitation period for enforcement of violations is three years and begins when the decision becomes final. The following limitation periods apply to criminal offenses: five years if a prison sentence of up to three months or a fine has been imposed; ten years if the prison sentence is not more than one year, and fifteen years if the prison sentence is not more than ten years. The following circumstance should be particularly noted with regard to the enforcement of fines: due to the German-Austrian mutual legal assistance treaty of 1988, Austria carries out quite intensive cross-border enforcement of fines, starting from a trivial limit of EUR 25. This means that even comparatively minor parking violations in Austria can still find their way to Germany. Furthermore, there is a clear restriction on the enforcement of Austrian decisions that were expressly issued due to the failure to name the driver (refusal to provide information in the driver information system): these are not enforced in Germany because they violate the right to refuse information or to give evidence in favor of close relatives in Germany violated.Weitere Infos zu dieser Pressemeldung:
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Datum: 05.12.2023 - 18:18 Uhr
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