44 Legal errors in German road traffic | CAR ENGINE AND SPORT

1. The speed limit is lifted after the traffic control system on the motorway has been switched off (electronic gantry signs). No: A switched off traffic control system has the same effect as no traffic control system. So: Continue driving at the last prescribed speed until you see the next cancellation sign.

2. The minimum speed on German autobahns is 60 km/h. No. Although only vehicles that can drive 60 km/h or faster according to their technical possibilities are allowed to drive on motorways, how fast the individual is actually traveling in the end can be decided for himself depending on the weather and traffic.

3. Driving barefoot is prohibited. Legs in plaster, high heels or barefoot: Everything is allowed behind the wheel. You just have to be able to drive properly. If there is an accident that can be traced back to defective footwear, the driver is partly to blame.

4. The rear-end collision is always at fault. No: If the person in front brakes for no reason or drives backwards, the accident for the person approaching from behind may not have been avoidable at all. In such a case, you should look for witnesses to the accident - it is often difficult to prove how the accident happened in these cases.

5. When stationary, the mobile phone is allowed to be held to the ear. This is only true when the engine is switched off. Otherwise, the legislator shows no mercy: One point in Flensburg and a fine of 100 euros are due for those who use the phone without a hands-free device. The ban is regulated in § 23 Para. 1a StVO. The excuse with the dictaphone should not work in court for a long time. However, if you have an earache, you can use the phone to warm your ear: According to a ruling by the Higher Regional Court in Hamm, using the phone as a warming battery does not constitute use within the meaning of the Road Traffic Regulations (reference number: 2 Ss OWi 606/07). But be careful: the court only believes this if there is actually a verifiable ear problem.

6. Drinking alcohol while driving is prohibited. Even if alcohol has not yet made anyone smarter or a better driver: Anyone who drinks a beer while driving behind the wheel enjoys the protection of the German legislator. The legislator does not care when the driver drinks up to the permitted alcohol limit of below 0.5. If the driver is driving with a blood alcohol content of 0.5 or more, he will be given two points in Flensburg, a one-month driving ban and a fine of 500 euros. And if the driver is involved in an accident while under the influence of alcohol, he is often partly to blame – even if his blood alcohol level is below 0.5 per thousand. Our opinion: alcohol and driving don't belong together - anything over 0.0 per thousand is uncool.

7. I can refuse a breath test. Right: Just as you don't have to make any statements about the matter, you don't have to blow the tube either. If the police then want a blood alcohol test because of signs of drunkenness (smell of alcohol, driving in snaking ways), this must be ordered by a judge. Legal experts recommend objecting to the blood alcohol test ordered by the judge and having this objection noted in the protocol.

8. Riding a bike while drunk is allowed. The general rule is: anyone who is noticed intoxicated must reckon with a fine. And from 1.6 per mille it's over on the bike. There are high fines, two points and an MPU - if you fail, you lose your driver's license.

9. In the event of a parking bump, a note with personal data under the windshield wipers of the damaged vehicle is sufficient. Whoever does this does not commit an administrative offence, but a criminal offense: According to § 142 StGB, this is considered "unauthorized removal from the scene of the accident" - colloquially known as an accident or hit-and-run. According to Section 142 (4) of the Criminal Code, however, the court can reduce the penalty or dispense with it entirely if the person involved in the accident voluntarily allows their personal details to be determined within 24 hours of an accident outside of flowing traffic (e.g. after a parking bump). Can! So: Definitely call the police.

10. Cyclists are allowed to use one-way streets in the wrong direction. Only if an additional sign under the entry prohibition sign expressly allows entry by bicycle. Otherwise, a fine of 20 euros will be due – by the way, drivers only pay five euros more for the same violation.

11. A pedestrian may reserve a parking space. It has gone out of fashion and is also illegal: neither a pedestrian nor anyone else is allowed to reserve a parking space. When parking, the age-old rule of law applies: first come, first served. Thus, no nimble forward parker may snatch the coveted gap in front of the rear from a reverse parker who was there first.

12. With the zipper system, change lanes as early as possible so that road users in the lane that is entering do not get angry. Very clearly: no. In order to ensure a good flow of traffic, the traffic space must be used optimally. So: Always drive up to the narrowing and only then cut into the neighboring lane. Letting others in also relaxes your own mind.

13. First aid kits have an expiry date. No - only certain parts of the box contents, such as sterile compresses, have an expiry date. It is sufficient to replace these individual components after the expiration date. Although it is important in an emergency, the warning fee for a first-aid kit that is not carried is sensationally low at five euros.

Fotolia Cell phones are allowed to be held to the ear at the stand. That's only true if the engine is off too - or you need to warm up your inflamed ear.

14. If there is a traffic jam, you can drive on the hard shoulder until you reach the next motorway exit. No. The hard shoulder is reserved for breakdown vehicles, unless their use is expressly permitted. Unauthorized use of the hard shoulder earns a point in Flensburg and costs 75 euros.

15. Cyclists must use an existing cycle lane. No - cyclists can decide for themselves whether they want to use the cycle path or the road. The cycle path only has to be used where there are signs with bicycle symbols.

16. Cyclists always have priority at the zebra crossing. Cyclists have to push their bikes across the zebra crossing – they do not have priority while riding.

17. Cyclists are not allowed to overtake cars on the right. But: according to § 5 Abs. 8 StVO, cyclists are allowed to overtake waiting cars on the right at a moderate speed - motorcycles are not allowed to do so.

18. If emergency vehicles approach from behind, a rescue lane must be formed. No, the rescue lane has to be kept clear when the traffic jam begins. An already existing alley allows the emergency vehicles to make much faster progress.

19. A bus that is at a bus stop with the hazard warning lights on must not be overtaken. No: Buses that are only driving with the hazard warning lights switched on and are about to approach a bus stop may not be overtaken. As soon as the bus is stationary, it can be overtaken with extreme caution at walking speed (maximum seven km/h). Oncoming traffic may also only pass the bus at walking speed. This also applies to school buses.

20. When visibility is poor, drivers are allowed to turn on the rear fog lights. That's wrong in general: Only when the visibility is less than 50 meters (the distance between two delineators on the motorway) is it necessary to activate the rear fog light (§ 17 Para. 3 Clause 5 StVO). In such poor visibility conditions, the permitted top speed is 50 km/h. If you get caught using the rear fog light in violation of the rules, you pay 20 euros.

21. Perpendicular parking with a short vehicle, such as the Smart Fortwo, is permitted. According to § 12 Abs. 4 StVO you have to park on the right side of the road. Most courts say: parallel to the road in the direction of travel. Cross parking is only allowed if the parking space is marked accordingly.

Gregor HebermehlAnyone who drinks a beer behind the wheel while driving enjoys the protection of the German legislator.

22. There is no need to signal when the right-of-way bends. If you are driving on a turning priority road, you have to blink. Anyone driving straight ahead at a corresponding intersection must not blink.

23. Flasher means coercion. If you want to overtake outside of built-up areas, you can flash your headlights briefly. However, if you drive too close, you may be committing coercion – a criminal offense under Section 240 of the Criminal Code.

24. Overtaking on the right is prohibited. Wrong: In built-up areas on multi-lane roads, cars are allowed to overtake in the right-hand lane. In a traffic jam on the motorway or in slow-moving traffic, you can overtake at speeds of up to 80 km/h at a maximum of 20 km/h higher speed.

25. The zipper procedure is not regulated by law. The zipper procedure only made it into the StVO a few years ago. Section 7 paragraph 4 describes how to thread in at bottlenecks. Failure to comply will result in a fine of 20 euros.

26. After an accident you are not allowed to move the cars. While it is ideal for the police to collect evidence if the cars remain stationary after the collision, this could endanger and disrupt the flow of traffic. Therefore, those involved should clear the road if possible (§ 34, paragraph 1.2 StVO). It is best to take photos of the accident situation beforehand.

27. "Gawping" is allowed on the Autobahn. Apart from the fact that watching accidents by onlookers is extremely questionable from a moral point of view, it is now also prohibited: the state collects a fine of 20 to 1,000 euros from onlookers.

28. Broken parking ticket machine means unlimited parking. No: If the machine is broken, you have saved the parking fee. The maximum parking time must still be observed - so that this can be checked, a correctly set parking disc must be clearly visible in the car.

29. In parking lots, the priority rule is "right before left". No, in parking lots you have to agree among yourself who has the right of way.

30. A parked car blocks the way - then towing is allowed and the illegal parker gets the bill. If, for example, the property or garage entrance is blocked, you can have it towed away. However, those who do this bear the costs themselves. You have to get the money back from the illegal parker – with the risk of being left with the costs. In return, anyone who parks the illegal parker commits a coercion. If you are parked in public transport, it is best to call the police.

31. You can park wrong as many times as you want. Surprisingly no: it becomes problematic from 60 parking violations per year. Then the driver's license is at stake or the medical-psychological examination (MPU) can be ordered.

32. Signposted parking spaces for women or mothers and children are taboo for others. The road traffic regulations do not have a traffic sign for women or mother-child parking spaces. If the property owner's wishes expressed on such private signs are violated, there is no risk of a fine being imposed by a government agency. However, a confident gentleman will of course not use such parking spaces.

33. You can always park in front of your own driveway. No: If the property can be reached via a lowered curb, parking there is prohibited under Section 12, Paragraph 3, No. 5 of the Road Traffic Regulations - of course, this also applies to the property owners.

34. Parking ticket always behind the windshield. A parking ticket must be attached in or on the car in such a way that it is clearly legible – the road traffic regulations do not say anything about where (§ 13 Para. 1). Even if the ticket bears the imprint "Put the parking ticket behind the windshield", this is only to be understood as a suggestion, according to the Bavarian Higher Regional Court (Az. 2 ObOWi 425/95). It is therefore okay to attach it behind the side window and put it on the parcel shelf.

35. You can honk anywhere and anytime. Of course not: the horn may only be used in dangerous situations and to announce an overtaking maneuver outside built-up areas. Anyone who is annoyed by another road user is not allowed to honk their horn. The misuse of "sound signals" costs five to ten euros.

36. A policeman without a hat on his head is not on duty. As old as this rumor is, it is also wrong. A policeman does not even need a uniform to be on duty - see plainclothes policeman. Whether internal clothing regulations require the police officer to wear a cap is irrelevant to the outside world: the officer remains a police officer with all his powers.

37. I can drive as slow as I want. Far from it: Anyone who drives slower than permitted without good reason and obstructs the flow of traffic violates Section 3 (2) of the Road Traffic Act. Costs 20 euros and the police may check whether the driver is under the influence of alcohol or drugs or is otherwise unable to drive his vehicle according to the rules of the StVO.

38. The sign "Here the StVO applies" on supermarket parking lots means that the StVO applies here. No, this sign has the same meaning as the sign "Parents are responsible for their children." – namely none at all. Driving at walking speed, communicating with each other and using common sense count in private parking lots. A car park operator cannot extend the scope of the StVO intended for public road traffic to his private car park.

Beate Jeske/dpaAfter the traffic control system on the motorway (electronic gantry) was switched off, the speed limit is lifted. No - when the system is off, it just isn't there.

39. In Germany, driving on the right is mandatory. This is not fundamentally true: on motorways with three or more lanes in one direction, you can always drive in the second lane from the right. All you have to do is "occasionally" a vehicle appear in the right lane. This is regulated by law in § 7 Para. 3c StVO. If there are several lanes in one direction, motor vehicles with a permissible total mass of up to 3.5 tonnes may choose which lane to use within built-up areas. They are also allowed to drive faster on the right lane than on the left - see § 7 Para. 3 StVO.

40. I can design my car so that it looks deceptively like a police car. Amazingly yes. According to Section 132 of the Criminal Code, there is only official presumption, which is punishable by up to two years in prison, if the alleged perpetrator also performs the corresponding official acts. This is the case, for example, when a flashing blue light is used - the car then no longer has to look like a police vehicle.

41. In the case of a police check, comprehensive information must be given. No, absolutely not. You only have to provide information about your own personal details. Everyone is allowed to remain silent about the matter or a possible accusation.

42. During a check or after an accident, the police are allowed to look at my cell phone or even confiscate it. No, it is only allowed to do so within very narrow limits. On the one hand, when danger is imminent. This is not the case in an accident, after all the danger has already materialized. On the other hand, a judge can order the confiscation of the mobile phone as evidence. This is only intended for "serious criminal offences" that rarely occur on the road. Anyone who voluntarily gives up their cell phone and also reveals their PIN leaves the investigating authorities with an open book, the information from which they can use in full. Incidentally, the PIN does not have to be disclosed to the authorities if the mobile phone has been confiscated – here again the principle applies that nobody has to incriminate themselves.

43. If I lie to the police, I am making a false unsworn statement under Section 153 of the Criminal Code. That's nonsense: A false unsworn statement can only be made to institutions that are allowed to take an oath. There are three of them in Germany: courts, investigative committees and, on a civil law level, in very rare special cases, notaries - end of the list.

44. I can't sleep in the car drunk. Yes, in principle this is allowed. However, it must not appear that the vehicle was driven under the influence of alcohol or that it is to be put into operation. In this case, the drunk sleeping person could be accused of attempting to drive and thus attempting a criminal offense. However, if you follow the two instructions below, you are on the safe side.

First, never sleep in the driver's seat. It is best (and usually also the most comfortable) to sleep on the back seat, but the front passenger seat is also fine, because the car cannot be started from there without further ado. And secondly: Do not insert the ignition key. Not even to turn on the heating or air conditioning. The vehicle is then more operational than it needs to be. Cars with Keyless Go systems are always ready to drive, but the ignition should remain switched off to avoid misunderstandings.

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