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Received speeding notice from Germany to UK address
Mackle
post Tue, 5 Jun 2018 - 10:23
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I have today received a speeding ticket, sent by the German Police. I live in Germany, but my drivers licence is a UK one registered to my old UK address, and I have a UK mail redirect so this letter was addressed to the UK address on my drivers licence but redirected to my German address - because of the redirect, I don't know if it was sent special/recorded in the UK or not, but it was just left in my German mailbox and I didn't sign anything. The mail redirect is finishing this month so all letters will go to the old UK address and a family member will still have access to my mail (as far as I know, DVLA will not issue an overseas address on a UK drivers licence, but UK driving licence holders are allowed to use their UK driving licence in the EU if they migrate?).

Apparently I was doing 146KPH in a 100KPH zone. I would have been in Germany at the time, and was in a UK registered hire car - I have also been charged £30 by the hire car company for the "administration charges" of providing my name and address to the German authorities.

I move between the UK and Germany a lot, and was considering switching my UK licence for a German one so that I don't have to carry my passport everywhere in Germany as ID, but am now thinking that after getting this letter it might not be such a good idea!



The letter in English (which is accompanied by a photo of myself and the registration number of the vehicle) reads:-

Information letter
Under section 27 of the Road Traffic Act regarding a speeding offence committed in Germany

Dear Mr/Ms <redacted>

You are alleged to have committed the following traffic offence pursuant to
§24/§24a/§24c StVG
Of the Road Traffic Act
on: <redacted>
in: <redacted>

as the driver of the vehicle with registration number <redacted> (United Kingdom)

Exceeding the speed limit within/outside a built-up area / on a motorway or motor road by 46 km/h, speed limit 100 km/h, measured speed (corrected for margin for error) 146 km/h

Az: <Redacted>

Rule infringed: §41 Abs. 1 iVm Anlage 2, §49 StVO; ±24, §25 StVG; 11.3.7 BKat;
Evidence: witness PTB <redacted>, DV <redacted>


If a measuring device was used to detect the office, it is confirmed that this device was gauged.

According to the Schedule of Fines and Penalty Points Regulations, the fine for this traffic offence is normally 160,00 euros. As an offender you also have to pay the fees and expenses totalling at least 28,50 euros.

If you acknowledge that you committed the offence, you can transfer the probable total amount of 188,50 euros in advance to the specified bank account (quoting our reference number <Az.:redacted> and your vehicle registration number).

In addition to the fine the law also provides for your licence to be suspended for 1 month(s).

However, we explicitly point out that a fine differing from the standard rate may be imposed in certain cases. If previous traffic offences are already recorded on the German Central Register of Traffic Offences, the amount may be be increased and/or your driving licence may be suspended for a certain period of time. Any amount paid in advance will be offset against the fine imposed.

Under section 55 of the Administrative Offences ct, you have the opportunity to comment on the allegation. It is for you to decide whether you wish to comment on the charge or refrain from making a statement. In all cases, however, you are obliged - even if you have no committed the offence - to provide full and correct personal details (item A). Under Section 111 of the Administrative Offences Act, failure to comply with this obligation may be punished by a financial penalty.

If you do not comment on the case, or if you raise objections to the allegation, a decision will be taken on whether further investigations are to be carried out, the proceedings are to be terminated, or a notice of the fine is to be issued without the administrative authority making any further comments. A notice of the fine will also be issued if the fine has already been paid.

Until the proceedings have been concluded, your data will be stored in an automated file.


Section 27 of the Road Traffic Act is based on Article 5 of the Directive 2011/82/EU of the European Parliament and of the Council of 25 October 2011 facilitating the cross border exchange on road safety related traffic offences (Official Journal of the European Union L 288, 5.11.2011, p. 1)





I am guessing that if I don't pay this, it's possible that the hire company will be the ones fined, and that they in turn bill my credit card but with a fee so it ends up being cheaper in the long run to pay it now anyway?

This post has been edited by Mackle: Tue, 5 Jun 2018 - 10:26
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post Tue, 5 Jun 2018 - 10:23
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cp8759
post Tue, 5 Jun 2018 - 11:35
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If this had been a one off trip to Germany, you'd have a chance of getting away with ignoring it. If you live in Germany, this does not seem sensible, as far as I know they will never, ever write it off and there is a risk of the fine increasing quite a bit. If you accept you were speeding, I would recommend just paying the penalty. They can't suspend a UK licence, but they can ban you from driving (only in Germany) for a month, so you might want to time it to coincide with a trip to the UK if possible.


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
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Churchmouse
post Tue, 5 Jun 2018 - 21:20
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I don't think this has anything do do with your UK driving licence, per se: you appear to have been traced via the information you provided to the hire company. The admin charge was probably provided for in your hire contract.

I do think it is a popular myth that hire companies are able to charge vehicle hirers the full amount of speeding fines in "Driver Liability" countries like Germany. Logically, if that were the case, they would have simply paid the fine and charged your card already (again, assuming your hire agreement allowed them to do this). In order for this myth to be true, the country would have to consider the hire company liable--unless they truthfully nominated a driver, who would then become liable--unless that driver failed to pay within a particular time, at which point the hire company would again become liable? It's a legal nonsense, so I really cannot believe it until I see it in writing.

Accordingly, I think that you are personally on the hook for this ticket (and you do not appear to have a defence to it), rather than your credit card, but as you spend a lot of time in Germany, you don't appear to have many good options for avoiding it. If the German authorities clearly failed to follow the legal requirements, then you would have a chance, but you would (a) have to know exactly what those requirements were and exactly how they were not met, and (b) have to successfully argue this in a German court. Viel Glueck!

You should definitely keep your GB licence--it might be even more useful post-Brexit...

--Churchmouse
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Mackle
post Thu, 7 Jun 2018 - 03:09
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Thank you guys. I have transferred the requested funds to the Cologne Police so hopefully that will be the end of it.


QUOTE (Churchmouse @ Tue, 5 Jun 2018 - 21:20) *
You should definitely keep your GB licence--it might be even more useful post-Brexit...


It depends, I might have to get a German one depending on what the agreement with licences is post-Brexit.
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cp8759
post Thu, 7 Jun 2018 - 10:22
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QUOTE (Mackle @ Thu, 7 Jun 2018 - 04:09) *
Thank you guys. I have transferred the requested funds to the Cologne Police so hopefully that will be the end of it.


QUOTE (Churchmouse @ Tue, 5 Jun 2018 - 21:20) *
You should definitely keep your GB licence--it might be even more useful post-Brexit...


It depends, I might have to get a German one depending on what the agreement with licences is post-Brexit.

I don't see why, the Vienna Convention on Road Traffic of 1968 has nothing to do with the EU. You'd lose your entitlement to use your UK licence in Germany only if you become a resident there, as long as it's just long trips you should be fine.


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
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thisisntme
post Thu, 7 Jun 2018 - 12:55
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QUOTE (cp8759 @ Thu, 7 Jun 2018 - 11:22) *
QUOTE (Mackle @ Thu, 7 Jun 2018 - 04:09) *
Thank you guys. I have transferred the requested funds to the Cologne Police so hopefully that will be the end of it.


QUOTE (Churchmouse @ Tue, 5 Jun 2018 - 21:20) *
You should definitely keep your GB licence--it might be even more useful post-Brexit...


It depends, I might have to get a German one depending on what the agreement with licences is post-Brexit.

I don't see why, the Vienna Convention on Road Traffic of 1968 has nothing to do with the EU. You'd lose your entitlement to use your UK licence in Germany only if you become a resident there, as long as it's just long trips you should be fine.


But the OP says he lives in Germany, so he is already resident there.

This post has been edited by thisisntme: Thu, 7 Jun 2018 - 12:55


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