The automobile travel wave is rolling - even abroad. So it is good and sensible to know and observe the country-specific traffic regulations. After all, official notices behind the windshield wiper or notices sent by a foreign authority in Germany have long since ceased to have no consequences. While the reciprocal agreement concluded between EU member states already allowed fines imposed abroad to be collected in Germany, this now also applies to non-EU countries such as Switzerland. The Automobile Club of Germany (AvD) gives advice on what to do if you receive unwelcome mail in your letterbox after returning from vacation.
The new German-Swiss police treaty has been in force since May of this year. This means that anyone who is speeded or parks incorrectly in the cantonal republic must expect to have to pay fines in Germany in future with the help of the German Federal Office of Justice (BfJ). And that can be quite expensive. Amounts of at least 80 francs or 70 euros form the lower limit here. And only when the statutory German upper limit for traffic fines of 2,000 euros is exceeded will the disproportionality of enforcement be reviewed.
In Germany, the BfJ in Bonn is assigned the task of processing foreign notices and collecting fines for EU countries and Switzerland. These are formally checked to ensure that they are complete and correct, whereby the foreign authority must submit a legally binding decision. It is then checked whether the addressee has received the essential procedural documents in their own national language and whether they have been given sufficient opportunity to defend themselves against the accusations. If this is the case, the person concerned receives a letter from the BfJ.
They should carefully check the payment request. The AvD advises that objections should always be submitted to the BfJ in writing. Anyone who has not driven themselves or has not previously had the opportunity to make a statement to the authorities abroad can do so. Important: The office is only responsible for enforcement, the previous fine proceedings abroad have already been concluded at this point. This is also the reason why drivers should always reply to documents from abroad. In many cases, authorities from abroad make documents available for viewing on corresponding homepages using a code number in the language of the person concerned. This is the procedure in the Netherlands, Italy and France, for example.
In any case, the documents received should always be stored carefully. AvD members can obtain free advice from trusted lawyers in the event of such allegations. The car club points out that fines and penalties for traffic violations abroad may only be enforced on the basis of the agreement between the EU member states. In Germany, only the Federal Office of Justice is responsible.
However, there are many reports of debt collection companies or lawyers trying to collect money by charging high additional fees. Croatian notaries are known to have charged foreign holidaymakers high fees in connection with parking. According to a ruling by the European Court of Justice (ECJ), such practices in connection with parking claims are illegal in Croatia. The AvD advises drivers to object to such letters in writing and to seek legal advice.
However, drivers must bear in mind that parking fees, whether in Croatia or in other countries, are legally permissible and, if incurred, must be paid. A European order for payment can be issued on the grounds that money is being collected for parking that has nothing to do with the enforcement of a fine. All the more reason to adhere to the recognizable guidelines on site.
The EU is also currently preparing a directive that will make driving bans imposed abroad effective against drivers living in Germany. As part of the so-called Road Safety Package, it should be possible to implement driving license sanctions of at least one month throughout the EU. (aum)
More info for topic: AvD , Bußgeld , Ausland , Schweiz
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