At the beginning of June 2022, the district court in Frankfurt am Main imposed an increased fine on the driver of a BMW SUV for a red light violation. The driver drove into an intersection when the light was red. According to the catalog of fines, the penalty for this violation is 200 euros.
However, the Frankfurt judge increased the fine to 350 euros and also imposed a one-month driving ban.
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The reasoning: There was a “larger abstract threat”.
The reason for the verdict reads as follows: The box-shaped design and the increased front end of the SUV due to the greater ground clearance increase the risk of injury to other road users. Compared to a car, a greater operational hazard can be assumed. Because of this “larger abstract danger”, the red light violation is “more serious than in the normal case”.
The driver was flashed on November 5, 2021. She had ignored the red light at an intersection.
The court also raised the fine because the traffic offender already has several entries in the register of fitness to drive. Before the red light violation, she was traveling too fast out of town and busy with her cell phone at the wheel.
In its decision, the Frankfurt district court did not clarify which cars are to be regarded as SUVs. It was only said that SUVs differ in their design in that their appearance is based on off-road vehicles.
Lawyer Uwe Lenhart is an expert in criminal and traffic law. He disagrees with the verdict.
Traffic law expert argues against the verdict
Lawyer Uwe Lenhart does not agree with the verdict. In a recent commentary in the Frankfurter Allgemeine Zeitung, the traffic law expert explained his point of view. AUTO BILD summarizes the most important points:
1. According to the Catalog of Fines Ordinance, special circumstances in the case of an offense such as a red light violation can lie in the execution of the offense and in the person of the perpetrator, not in the vehicle. In other words, the fact that the judge increased the fine because of the driver’s previous offenses is fine. Attaching the higher fine to the car is illegal.
2. The term SUV is not legally defined. Therefore, legal consequences based on it appear arbitrary.
3. Minivans and vans can have characteristics similar to SUVs. Where should the line be drawn?
4. If SUV drivers are penalized more heavily for an offense such as a red light violation, small car drivers should theoretically get a less severe penalty. That’s not foreseen.
5. The legislator understands the operational risk as the abstract risk that emanates from a motor vehicle on the road at all times. It would be illegal to derive greater responsibility for fines from this, to the detriment of SUV drivers.
The person concerned has appealed against the judgment of the district court in Frankfurt.
