Traffic violations lead to penalty notice.
The traffic offense proceedings is formally characterized. Finally, there is the most important paper of everyday life, namely to the motorist driver's license.
Penalty notice requires clarification of the facts
- The administrative authority may issue a penalty notice only if it has been sufficiently explained the situation. This means that the affected traffic offenders was heard.
- Under no circumstances, the notice must simply endure just "in case". As a result, many such procedures are set according to a court filing of opposition. They do not provide a basis for a secure Tatnachweis.
After flashing, the driver must be determined
- How long does it take until the offender has a penalty notice in the mailbox, depends on different circumstances. One of the administrative expenses of the Authority. Flash frequently leads to an increased administrative burden that must be processed first.
- Key issue for the administrative authority is the statute of limitations. The period begins as soon as the traffic violation is finished. For traffic matters determined § 26 III Road Traffic Act, a limitation period of 3 months. During this time, the managing authority must have determined the driver responsible.
Takes the driver to determine long threatens limitation
- In general, should average about 4 a penalty notice - endure 8 weeks after the lightning. The Authority shall endeavor to prevent the entry of limitation.
- The condition is that the driver can be uniquely identified by the traffic monitoring photos. Takes this to a carnival Pappnase or a sheepdog sitting at the wheel (in this case gave it!), The Authority has a problem. To identify the driver somehow, the police is regularly commissioned to visits the holder at home and trying to establish who is down.
- The managing authority has different ways to interrupt the limitation period. Such an interruption action may consist in the examination of the traffic sinner or in the announcement that the investigation against him is initiated.
- Even sending a reply form acts interrupting the limitation period. However, the sending of the reply form to the owner of the vehicle does not interrupt the limitation against the person who has actually traveled.
- The driver can not be determined, is a responsibility of the holder into account, which can result in special cases, a log book edition.
- In practice, the limitation period usually occurs when the administrative authority has edited the file careless or the holder can not locate them.
- Receives the offender a penalty notice, he can accept it or appeal. Then the method is tried before the traffic judge. How long does it take for the process can be completed depends on the defensive intensity of the individual concerned.