Citation commandment is not observed: the ADAC: New driving bans ineffective

According to the automobile club ADAC with the recent Reform of the German road traffic regulations (StVO) significantly increased driving bans are legally ineffective. Since the entry into force of the new rules of driving are bans already in one-time the speed limit to 21 (instead of 31) and extra-urban 26 (instead of 41) kilometres per hour arranged; also, the unlawful Driving on the strip, while not a rescue form the alley and risky turning manoeuvres of the driver's license threatens since withdrawal.

Constantin van Lijnden

an editor for the Frankfurter Allgemeine objection.

These rules make up only a small part of the overall Reform, but politically the most controversial. In the original draft of the Federal Ministry of transport, they were not included but were added later at the Insistence of the Federal Council. "It was, however, forget, also, the preamble to the amending regulation accordingly," says Markus Schäpe, head of the legal Department of ADAC.

Reform, by regulation, not by the law

The highway code Reform took place, by regulation, not by law, that is, without referral to Parliament. It is usual to allow a fine adjustment of rules "on the fly" without the need for any Change to the parliamentary process and democracy. It requires, however, that the Changes to the act, "authorisation" is that determines which parts of the act may be later, by which Bodies, in the form of an Ordinance change. Such a regulation authorization for the highway code also, and it also extends to the thresholds for the imposition of driving bans – the Reform is covered, therefore, of the competences of the Ministry of transport and the Federal Council.

However, a regulation must identify the regulation, the authorization, on which it is based, explicitly ("Citation requirement"). In the preamble to the recent Reform, the reference to that part of the regulation, the authorization, of the Amendment of the thresholds for driving permits prohibitions is missing. Schäpe explains the Coordination problems between the Ministry of transport and the Federal Council: In the original version of the Reform, it had not been necessary, the authorization to Amend the ban to quote threshold values, because this Change was not provided. As was later admitted, had been to forget the quotation bid probably the simplest.

shy keeps driving verbort rules to be too strict

it's Really a trifle – but with serious consequences. The traffic lawyer Jens Pötsch believes it is even conceivable that the entire Reform is ineffective. For this, there is a historical precedent: in 2010, the then Federal transport Minister Peter Ramsauer (CSU) had to explain at a press conference after the adoption of the "sign forest amendment": "The amendment is due to a violation of the constitutional guarantees of quotation bid null and void." If that's not the case really for the entire novel, only for individual parts or possibly at all, remained legally controversial. Until the adoption of a Ramsauer announced "as quickly as possible," change by design, at the time, passed three years in which many other political desires in the reconciliation process included.

So it could go in this case: transport Minister Andreas Scheuer fact, already known that he thinks the new ban rules to be too strict. In a Letter to this newspaper, he speaks of a "unbalance is to be corrected it", and asks the Minister of transport of the countries, "sincerely, to the restoration of a system-compliant state to participate". If the evaluation of the ADAC is true that this part of the Reform is due to an editorial oversight on the part of the house is ineffective, it could slow down the reform zeal of the Minister. By the Federal Ministry of transport has been made to obtain this opinion.