Fine proceedings for traffic offenses

Administrative offenses punishable by a fine of at least 60.00 euros can only be punished by a fine notice. In the case of serious or persistent traffic offenses, a driving ban of one month to three months may be imposed in addition to the fine.
Only in the case of minor offenses is it possible to issue a warning with a fine of up to 55.00 euros instead of a fine.
In the case of traffic offenses, the basis for calculating the amount of the fine and the duration of the driving ban for traffic offenses is the catalog of fines applicable throughout Germany.

When a fine is issued, the person concerned must also pay the procedural costs (fees and expenses).

Legally binding fine decisions with a fine of at least 60.00 euros, which are classified as impairing road safety, are reported to the driving aptitude register at the Federal Motor Transport Authority in Flensburg.

The authority that issued the fine is responsible.

There is a reference number on every notice or letter from the fining authority. This reference number must be quoted for all submissions and payments.

An offense has been committed that violates road traffic regulations.

An objection to the fine may be lodged with the administrative authority that issued the fine within 2 weeks of notification. The appeal is only admissible if it is received by the administrative authority before the expiry of this period.

A court decision may be applied for against other decisions of the fining authority. In the case of formally served decisions, the deadline for filing an application is two weeks from the date of service, for example against the rejection of an objection, against the refusal to reinstate the offender or against an order to pay costs. In other cases, an open-ended application for a court decision is also possible.

The fine proceedings usually begin with a hearing. The road user is informed of the traffic offense of which he is accused and is given the opportunity to describe his view of the events and raise objections to the accusation.

If the competent authority continues to uphold the allegations after the hearing, it will issue a fine notice.

If an objection to the fine is lodged in good time, the fining authority reviews the facts of the case and whether it upholds its decision. If the fining authority comes to the conclusion that the process was lawful and the decision made is correct, it passes the files on to the local court via the public prosecutor's office, which then re-examines the matter.

If no appeal is lodged against the fine notice or if an appeal is not lodged in good time, the fine notice becomes legally binding and can no longer be amended. The total amount stated in the notice must be paid.

If no payment is made, a reminder procedure will be initiated, which is associated with additional costs. If the dunning procedure is unsuccessful, enforcement proceedings will follow. The local court can also order enforced imprisonment for the fine.

For the duration of the driving ban, the driving license will be taken into official custody by the fining authority. If the driver's license is not surrendered voluntarily, it will be confiscated with the help of the police.

An objection to the fine notice can be lodged within 2 weeks of service.

Two weeks after the fine notice has been served, it becomes legally binding if no objection has been lodged. From this point in time, a further period of 2 weeks runs during which the amount stated in the fine notice must be paid.

The amount of the fine set in the fine notice is determined with the help of the national catalog of fines.

In addition to the fine, the fine notice also charges fees as procedural costs, which depend on the amount of the fine and amount to at least EUR 25.00, as well as expenses, e.g. for postal delivery or other expenses incurred by the fining authority.

Further information can also be found on the website of the Federal Ministry of Transport and Digital Infrastructure.