In April of this year, an amendment to the StVO came into force, only to be suspended again a short time later. Because of formal errors, from the point of view of lawyers, all changes for eleven years could now be invalid.
New excitement about the road traffic regulations: From the point of view of lawyers, the road traffic regulations have been invalid for many years. This is reported by the “Neue Osnabrücker Zeitung”, citing an internal assessment by the Baden-Württemberg justice department.
Rapid examination requested
The Baden-Württemberg Ministry of Transport asked the Federal Ministry of Transport in a letter for a quick check. The letter was available to the German Press Agency on Thursday. The ADAC stated that it did not share the assessment of the Baden-Württemberg Ministry of Justice.
The Federal Ministry of Transport did not initially receive a statement. Due to a formal error, the list of fines of the new road traffic regulations (StVO) that came into force at the end of April was overridden by the federal states. The main thing is tougher penalties for speeders. The federal states and Federal Transport Minister Andreas Scheuer (CSU) are fighting for a new regulation.
With the new StVO, the so-called citation requirement of the Basic Law was violated: When a regulation is issued, it must be stated on which legal basis the regulator acted.
As the Baden-Württemberg Ministry of Transport has now written to the Federal Ministry of Transport, there may have been violations of the citation requirement in previous amendments to the StVO. Reference is made to an assessment by the Baden-Württemberg Ministry of Justice. This was also available to the dpa.
Allegation: legal basis insufficiently cited
Specifically, the regulation on the revision of the road traffic regulations of March 6, 2013 only insufficiently cited a legal basis. The ordinance amending road traffic regulations of August 5, 2009 is also void due to a violation of the citation requirement. This would mean that the legal position valid until August 31, 2009 would have to be applied.
The ADAC takes a different view. At that time, the new version of the StVO 2013 was made precisely for the purpose of creating a legally secure regulation based on earlier citation errors. “In our opinion, all relevant authorization bases are correctly listed there.” In the past seven years, according to ADAC research, no court decisions had been published that raised concerns about the citation requirement in the StVO. “Therefore, we cannot confirm an error in the new decree of the StVO 2013.”
The FDP member of the Bundestag and transport expert Oliver Luksic said that if the view of the Baden-Württemberg Ministry of Justice were correct, this would be an “unexpected bureaucracy failure”.
In the dispute over the formal error in the new road traffic regulations, it is controversial whether initially only the formal error should be corrected – that’s what the Greens want. In contrast, Union-led and SPD-led countries and Scheuer want the tougher penalties for speeders to be mitigated. They see the new driving ban rules as disproportionate and warn of possible constitutional risks. A way out of the impasse has been struggling for weeks.