The Bavarian Administrative Court has decision of 05/18/2010 decided that a log book edition of one year for committing a qualifying offense red light (red light longer than 1 second) is allowed.
In the concrete Case, the vehicle owner is no information from which person at the time of the alleged red light violation qualified actual driver was. Point out the fine case was closed after the authorities tried unsuccessfully to identify the driver. Then ordered to the appropriate district office that the holder shall maintain for a period of one year, a logbook. Struggled against that of the holder on the grounds that one year is disproportionate. Unsuccessful. According to the Administrative Court and the Administrative Court, it is used to calculate the duration of the log book edition clearly important to have the weight the observed traffic violation. In this case, may the authority to opinions in the relevant criminal and administrative fines off. Noting that the qualified red light violation by a fine of 200, - €. 4 points and a ban is punishable by one month, the red light violation weighs heavily qualified and justifies the log book edition.
Note: A log book edition will be allowed only with a considerable traffic violation, which the authority also could not explain with reasonable means, and if it can be assumed that involved not the holder of the Enlightenment wanted. Thereof is usually not be assumed if the authority has not determined enough, especially not the directions of the holder is investigated or due to the limitation occurs at a slow, slow processing by the authority. The actual requirements for reasonable investigation is being reviewed by courts vary widely. To not even to risk a trip edition, vehicle owners affected should take prompt legal assistance to complete.
About the author: Thomas Brunow lawyer is legal counsel of the Volkswagen - Audi Dealers Association of Traffic Law and member of the consortium Traffic Law in Berlin. Attorney Thomas Brunow helps victims and those affected by road accidents on traffic violations quickly and efficiently.
more info: www.verkehrsrecht-24.de
lawyer Thomas Brunow is a partner of the firm Prof. Dr. string & Partner Berlin, Eichendorff Strasse 14, 10115 Berlin
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