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There is a risk of a fine if you commit a traffic offense such as speeding or driving on a red light. If the fine comes too late, the recipient can invoke the statute of limitations. A distinction is made between the statute of limitations for prosecution and the statute of limitations for enforcement.
The statute of limitations prevents the authorities from being able to arbitrarily impose fines. Authorities must adhere to the statute of limitations when imposing fines. This does not mean that drivers can simply ignore a fine if it is served to them after the statute of limitations has expired.
Difference between fine and warning money
to explain what a statute of limitations in fine proceedings is and how long the limitation period is, it is important to distinguish between a fine and a warning fine. A Warning fee is a substitute for a regular procedure. It is levied for minor administrative offenses and can amount to 5 to 55 euros. The amount of the warning fine is regulated in § 56 of the law on administrative offenses. A typical example of such a minor administrative offense is a parking violation.
Anyone who receives a notice of warning money must pay the money within seven days of delivery. The notice of warning must contain a reference to the right of refusal. The procedure is completed when the recipient of the notice pays the money.
Tip: However, the recipient of a warning notice can also appeal against the warning fine. It is important to check carefully whether the fine is justified. Otherwise there is a risk of a fine, which will incur additional costs.
Unlike a fine, there are no additional administrative fees for a warning fine. A fine is higher than a warning fine and is imposed for more serious administrative offences.
Sense and purpose of the statute of limitations
The statute of limitations begins after a certain period of time. It gives the authorities time to pursue an administrative offense within this period and to punish it with an administrative fine. Such fines are:
- Fines (€)
- Points in Flensburg
- bans
On the other hand, the statute of limitations protects those who have committed an administrative offense from the arbitrariness of the authorities. Anyone who receives a fine notice after the statute of limitations has expired has the right to appeal. The aim of the statute of limitations is that legal peace prevails after the statute of limitations has expired.
Difference between prosecution statute of limitations and enforcement statute of limitations
When it comes to the statute of limitations for traffic offenses, a distinction is made between the statute of limitations for prosecution and the statute of limitations for enforcement. The prosecution statute of limitations is the period of time available for the authorities to determine who committed the offense and to punish the offence.
The statute of limitations for enforcement requires the delivery of a fine notice and is the period in which the authorities can enforce legally binding sanctions.
Duration of the statute of limitations
The period of limitation for prosecution begins on the day on which the administrative offense was committed. It usually lasts three months. If the administrative offense was committed on March 15, the limitation period ends on June 14. If the driver receives a fine notice after June 14, he can appeal against it.
Interruption of the statute of limitations
The three-month limitation period can be interrupted if the person who committed the administrative offense receives a hearing sheet. The recipient can comment on the facts in the hearing form. Since he does not have to incriminate himself, he is not obliged to do so. However, he must provide correct information about himself.
The statute of limitations is interrupted with the delivery of the hearing form. The statute of limitations begins again with the delivery of the hearing form.
If the recipient of a fine cannot be found within three months, a further period of six months applies for the delivery of the fine. Only then can the recipient invoke the statute of limitations.
Tip: If a notice of fine is served within the limitation period of three months and the addressee is not at home for more than three months, it makes sense to consult a lawyer. The addressee then does not have the opportunity to pay the fine or lodge an objection within the prescribed time.
Exceptions to the three-month statute of limitations
The Road Traffic Act provides for exceptions to the three-month statute of limitations if the offense was committed under the influence of drugs or alcohol. Anyone who has caused a traffic accident under the influence of alcohol cannot invoke the three-month limitation period. If the 0,5 per mille limit is exceeded or if you are driving under the influence of other drugs, the limitation period can last up to two years.
In these cases, the length of the limitation period depends on the impending fine:
- six months for fines of up to 1.000 euros
- one year for fines of 1.001 to 2.500 euros
- two years for fines of 2.001 to 15.000 euros
Duration of the limitation period for enforcement
The limitation period for enforcement begins when a Notice of fine was served and has become final. Enforcement can take place if the recipient has received the fine notice in good time and has not lodged an objection. The statute of limitations for enforcement depends on the amount of the fine:
- three years for fines of up to 1.000 euros
- five years for fines of more than 1.000 euros
The authority can no longer claim the fine once the limitation period has expired.
Appeal against a late fine
Anyone who receives a fine after the statute of limitations has expired cannot simply ignore it by not reacting to it. However, the recipient has the opportunity to appeal against a late fine.
An objection can also make sense if the notice of the fine is served within three months of committing the administrative offence. The The fine notice may be incorrect and is then not legally binding.
Opportunities for an appeal
Recipients of a late fine notice have two weeks to appeal the fine notice objection to insert The objection can be made in writing, by fax or by telephone. It is important that it reaches the managing authority within this period. It is not enough just to send it by post.
Tip: In order to be sure that the authority has actually received the objection, it makes sense to call about three days after sending the objection.
No specific wording is prescribed for the objection. However, it must be clear that this is an objection. A justification is useful, but not a must. Anyone wishing to hear witnesses should name the possible witnesses in the objection.
Conclusion
If a fine is not issued within three months of committing the misdemeanor delivered, the recipient can appeal. The statute of limitations for enforcement begins after delivery of the fine notice after it has become final. The period depends on the amount of the fine.
