Verkehrsrecht: Traffic Law Basics

• The notes are for Verkehrstrecht (Traffic Law), Verkehrslehre für M 2 (Traffic Teaching for M2) for the date 20.02.2025

Responsibilities in Road Traffic

• Responsibility of the road traffic authority according to § 44 I StVO
• Responsibility of the police in GiV instead of the road traffic authority § 44 II StVO
• Police powers to regulate traffic § 36 StVO
• Suspicion-independent traffic control § 36 V StVO for control purposes in traffic (driver, roadworthiness, vehicle, documents)

Definitions

• Street: Roadway, all associated facilities, including airspace relevant to traffic
• Road user: Anyone who behaves in a manner relevant to traffic law, i.e., who has a direct physical impact on traffic; conditions: public traffic area, activities with an impact on traffic
• Static Traffic: deliberate interruption of travel
• Flowing Traffic: Driving or unintentional interruption of travel

Public Traffic Area

• Legally public traffic area: Dedicated to the purposes of traffic
• Factually public traffic area: Released for an indefinite group of users entitled to use it or use is tolerated
• Non-public traffic area: No use or use only possible by a group of users defined by the person authorized to dispose of it. Can also be limited in time
• Common use utilization of the legally public traffic area within the dedication
• Special use utilization of the legal public traffic area beyond the common use
• Definition of public traffic area: All paths, squares, areas that are actually open to traffic purposes for everyone due to a legal dedication or regardless of the ownership
• Delineation name / recognize examples of non-public traffic area

Rules of Conduct

• Corresponding paragraphs of the StVO can be found / recognized as rules of conduct
• Special standards (e.g. speed § 3 StVO), relevant standards are in particular §§ 1-23 StVO (except §§12, 13, 15, 15a StVO
• Know the hierarchy of traffic regulations and be able to apply them using examples; Traffic control by police officers (§ 36 StVO)
• Light signal regulations (§ 37 StVO)
• Regulation by traffic signs (§§ 39 ff StVO)
• General traffic rules (§§ 2 ff StVO), if applicable, subsidiary: general clause § 1/II StVO
• Check whether there is a concrete consequence: Damage, endangerment or more than unavoidable obstruction or harassment in the facts exists
• If this is not mentioned in the special rule of conduct (special standard), observe § 1/II StVO as a general clause
• If there is no special standard, the general duty of care applies in accordance with § 1 II StVO (e.g. rear-end collision without prior failure to maintain a safe distance)
• Determination of elements of an offense and examination of a VOwi according to StVO, including checking whether the respective behavior is an administrative offense and this is subject to a fine. (§§49 StVO, § 24 StVG)

Licensing of Persons

• Participation in traffic in the ÖVR? Does someone behave partially traffic relevant?
• Driving a motor vehicle → Def. Kfz: § 1/II StVG: mechanically driven land vehicle not bound to rails; Driving the Kfz ➔ at least partly performing actions as intended for driving (e.g. reaching into the steering wheel)
• Is a driving license required? ➔ § 2 StVG; § 4 FeV; Moped: if applicable certificate § 5 FeV ➔ from * 1.4.1965 (§ 76 Nr. 3 FeV)
• Driving license class? ➔ § 6 FeV, for older FE ==> scope of validity iVm Annex 3
• If applicable Conditions (personal) or restrictions (vehicle-related)? §§ 2 (general), 3 (vehicle or animal handler), 23 (driving license applicant), 46 FeV (driving license holder) (Annex 9)
• Violation of conditions → VOwi § 75 FeV
• Restriction violation → Offense § 21 StVG
• If applicable VOwi acc. to § 75 FeV, note § 21 OWiG in connection with criminal offenses
• Transitional provisions: § 76 FeV
• If applicable Offense: Driving without a driver's license § 21 StVG: Driving despite no or no sufficient driving license, despite driving ban (do not drive any Kfz), if driver's license is secured acc. to § 94/III StPO

Licensing of Vehicles

• Vehicle or trailer subject to registration? § 1 StVG (> 6 km/h), §§1, 3/I FZV (approval; registration = liability insurance, application, type approval/operating permit, allocation of license plate, registration certificate)
• Registration exemption, § 3/III FZV? → Approved type or individual approval § 4/I FZV
• Expiry of the operating permit, § 19/II StVZO? (Through change: vehicle type, hazard to road users to be expected, exhaust or noise behavior deteriorated) → Consequence: for vehicles subject to registration → VOwi acc. to §§ 19 II, V StVZO, for vehicles exempt from registration → VOwi acc. to § 4/I FZV
• Official license plate? ➔ §§ 3/I, 4/II, 8 ff FZV (old: §§ 18/I, IV, 23 StVZO)

Alcohol and Drugs

• Where and when to check: Selection criteria of a checkpoint, ....music events, festivals, "Promillewege" (alcohol routes), citizen information..., terms "target group-oriented, location-oriented"
• Drug detection: Behaviors / consumables, vehicle person, SFT test (overview), drug pretest's (e.g. Drugwipe, MMC (ESA)), classifications drug: sedatives, stimulants, hallucinogens, euphorics
• Driving Implausibility / Terms
  • Absolute driving unfitness: for alcohol 1.1‰ BAC for car drivers, 1.6‰ BAC for cyclist
  • Relative driving unfitness: from 0.3‰ BAC or intoxicant + signs of failure (intoxicant-related)
• Manifestations: Intoxicant-related misconduct in road traffic or for drugs also drug-typical physical appearance. But not just individual physical abnormalities
• Owis (§ 24c StVG)
  • 0.0 %o for novice drivers (under 21 years of age or during FE on probation) no alcohol or Measuring tolerance 0.2 %).
  • THC > 1 ng/ml, Owi: & 24a StVG
  • only car drivers: from 0.5% BAC or 0.25mg/l AAK
  • THC > 3.5 ng/ml,
• Intoxicants according to Appendix to the StVG (> Measuring limit values, see Annex / TBK, THC + Alcohol; Corresponding TB can be found in TBK / Explain differences
• Offenses: § 316 StGB: intoxication as an abstract endangerment offense
• Evidence: In VOwi according to § 24a I StVG calibrated breath alcohol analysis (Dräger Evidential 9510 (AAK) > 0.25 mg/L breath; in the criminal area > 0:3‰ BAC or for drug influence always blood sampling according to § 81a StPO
• Suspicion Obtaining Narcotic-Influenced Persons: You should think about these people at every deployment, every check or every accident, at this time, in this place and setup and outfit
• Additional steps that should be taken are in the vehicle in connection with their information; the result of these considerations makes a contribution to a meaningful selection

Special Search Patterns for Drug-Influenced Road Users

• Ross-Reiter theory (often parents or acquaintances as keepers, high-quality vehicle and too young driver),
• Vehicle and too young driver)
  • Junk in the car: many empty cans (especially energizing drinks, many cigarette packs)
  • Backpacks ("Müllsäcke") in the PKW
  • red conjunctivae without alcohol odor
  • Sunglasses without sun
  • Driving errors without alcohol odor
  • Failures of behavior without alcohol odor
  • Suit wearer, but casual clothing rules (too flippant)
  • Exalted, situationally inappropriate or intolerant behavior
  • Holder INPOL inconspicuous / car rental (especially for couriers)

Auffälligkeiten bei Personen unter Alkohol

• Physically neurological, vision performance reduction, Restriction of the field of view, the fixation, Impairment of vision/ sharpness of vision, and motion vision, considerable impairment in outward Rolling of the eyes, strabismus (Diplopia),
• Decreased depth perception - > Problems in estimating the distance; Problems in Blend sensitivity, Twilight vision and Readaption after glare,
• Mental performance impairments, other negative effects on: Balance organs and muscle coordination
• Grown language, insecure gait

Intoxication as Causes of Accidents or Types of Accidents

• Glare as a cause of accident
• Deviation from the lane on straight stretch / curve
• Collisions on the lane edge
• Collisions with oncoming vehicles when turning
• Rear-end collisions
• Accidents when overtaking or by extremely inappropriate speed
• Bumping when parking and parking ("Parkrempler") in the wrong lane
• larger Section driven a greater distance the wrong
• Missing brake / steering reactions
• Without reaction to the accident continued
• Not Observed incomprehensible traffic signs (e.g. rail barriers)

Physical Test (Voluntary)

• E.g. pupillary reaction, coordination test, question test

Foundations of Police Traffic Safety Work

• The Goals of Traffic Safety Work: (Minimizing Accident of Risk, to guarantee Mobility),
• Compound strategy: the traffic safety work relies classically close to the columns of the so-called 3 E's + OA: i. (Education = the traffic-safety education, traffic safety advising, enforcement = engineering = traffic Technologies and traffic space design, the Public Relations = public relations, optional Economy),
• To understand what that Traffic Union strategy understand, who is are our partner ( Stakeholder) in it the VSAs, the naming of example of that Vehicle Traffic Safety (60 – 70% of all protection police actions are in Combine with the Traffic
• Almost all Offences have Reference to that street Traffic

Risk Groups in Traffic Safety Work (Rising Risk)

• 45-50 year olds, Other in the Old of 25 to 65 Years, Children (Focus: Victims), Seniors, Youth, Young drivers

Traffic Controls Purposes

• To cause road users to behave in a traffic-appropriate and prudent manner
• Preventive effect through the presence of the police
• Prevention of traffic accidents, obstructions, nuisance, harmful environmental influences
• Holistic Control → also aspects of crime control, like smuggling, Trafficking and transport of stolen goods

Priorities Aims

• Complete traffic control is neither possible nor desirable The prevention of vehicle traffic accidents (Speed ​​violations , priority, traffic lights systems, usage of streets, passing, Abbiegen, Distance and Pedestrians at the to walk across the street , Alcohol u Drugs
• Prevent obstructions of flowing Traffic and from other Pedestrian traffic
• Prevent obstructions of Flowing Traffic and by other Pedestrian traffic

Own Securing in Traffic

• Measures to secure self protection according to LF 371

Intervention for Traffic

D. Intervene According to Mandatory Discretion

• Opportunity Principle (§§ 47, 53 OwiG), on Suspicion of Criminal Offence legality Principle According to § 163 StPO: It is not guaranteed that every traffic offense must be followed. The police may generally or in individual cases refrain from prosecuting, as it applies to mandatory discretion
• Due to the Principle Mandatory Discretion (Equality, Proportionality
  • Consideration of The Aims of the traffic
  • Exercising Discretion is mandatory if, then that mandatory Legal principles Note Rechtliche KontrollbefugnisseLegal Authority
• Legal authority or Right of Power of Review: § 36 V StVO § 44 II StVO

Implementation of Traffic Supervision (Traffic Policing)

• Scope of the VÜ (Traffic Policing of Jurisdiction a. Vehicle Driver (Behavior) i. Driver (condition driving, licensing driving, ii. Vehicle and it´s documents b. Traffic signs location conditions and more

Control Check

• Division into an interior (Interior of the car, passengers) u. outer control area (car exterior, vehicle technology) mind. 2 controllers a. Drivers checks or Documents, Drivers documents License
• Driving license vehicles to be secure it and license to drive.