According to the German Highway Code, on motorways and other roads outside built-up areas, it is permissible to drive faster in the passing lane than in the through lane. However, it is not allowed to drive faster in the emergency lane than in the through lane. If traffic on the emergency lane is stopped or stationary, overtaking is allowed at a moderate speed and with special caution in the exit lane.
This was decided in a case where a truck in the right lane of a highway collided with a van in the emergency lane. Expert testimony showed that the van must have been traveling faster than the truck at the time of the collision. The judges therefore apportioned liability 75% to the van and 25% to the truck.
Source: Saarbrücken District Court
In the case of a 10-year-old vehicle, the differences in comfort, equipment and safety compared to a new vehicle of the same class are obvious. It would violate the tort of unjust enrichment to award damages based on the rental class of the current model as a replacement vehicle. Rather, it is possible and reasonable for the injured party to rent a vehicle of a lower class or to bear the additional costs.
Both the hearing in the administrative offence proceedings and the order in the register can be addressed to a GbR. It is not mandatory to add a representative of the company, as is required in the vehicle register, but it does not change the addressee of the order. It is the responsibility of the company to take internal organizational measures to ensure that letters addressed to the registered office are forwarded to the responsible person.
If a driver passes several speed limit signs in a row without reducing his speed, he is grossly negligent - even if not intentional - and may be subject to a higher fine.
The fines listed in the catalogue of fines for negligence offenses are based on "common" cases. Accordingly, they may be waived if there are special circumstances that do not correspond to the average degree of negligence. This is the case, for example, if a driver repeatedly fails to observe traffic signs because he or she repeatedly ignores the special warning contained in the signs about a dangerous and accident-prone area. Disregarding several traffic signs in a row, on the other hand, indicates a more serious breach of due care.
Source: Higher Regional Court of Koblenz in its decision of 8.3.2021.
According to German law, the authorities must revoke a driver's license if the holder proves to be unfit to drive a motor vehicle.
For categories C, C1, CE, C1E, D, D1, DE, D1E, FzF, a driver's license is only issued to an epileptic in exceptional cases if there is no longer a significant risk of a new seizure, e.g., if the person has been seizure-free for five years without treatment and does not need to take medication.
Source: Higher Administrative Court of Bremen
If the driver of a vehicle involved in an accident leaves the scene of the accident without informing the police and/or his insurance company about the accident, he is in breach of his duty of care under the General Conditions of Automobile Insurance (AKB), which may result in the insurance company not covering the damage.
Source: Oberlandesgericht Koblenz, judgment of 11.12.2020
In Germany, local authorities are required to inspect the roads and paths in their area to identify new damage or hazards and take the necessary safety measures. This includes the regular inspection of roads and paths - depending on their importance for traffic - and their maintenance at appropriate intervals. However, it is not possible to expect a road or path to be completely free of defects and hazards at all times.
Source: Higher Regional Court of Hamm
Bushes and shrubs growing from private property into the public right-of-way and obscuring a traffic sign can be the subject of a hazard abatement order requiring the owner to cut them down.
Facts: A traffic sign was largely obscured by tall shrubs and bushes growing from a private property, and the proper authority ordered the owner to remove the excessive vegetation that obscured the traffic sign.
Source: Decision of the Administrative Court of Greifswald