THIS IS THE SECTION TITLE.Howl quieter, speeder!
Andreas Bludau is a lawyer and specializes in biker law. It has already been presented elsewhere on this website. (People and personalities)
In the online magazine "Zweirad" he publishes articles on the subject of biker law and reaches the local scene there.
Photo: Andreas Bludau
Legal regulations
It has now been a year since the legislature reacted to numerous serious accidents. As is well known, Nuremberg also had such an accident on Grosse Strasse, which was reported in the media. The new legal regulations no longer regard illegal street races as an administrative offense, but as a criminal offense.
They read (quoted in excerpts):
Section 315d Prohibited motor vehicle races
(1) Anyone in road traffic
- organizes or conducts a prohibited motor vehicle race,
- participates as a motor vehicle driver in a prohibited motor vehicle race or
- as a motor vehicle driver moves at an inappropriate speed and in a grossly illegal and inconsiderate manner in order to achieve the highest possible speed,
is punished with imprisonment for up to two years or with a fine.
Section 315f confiscation
Motor vehicles to which an act according to Section 315d Paragraph 1 Number 2 or Number 3, Paragraph 2, 4 or 5 relates, can be confiscated.
Lone speeders also affected
The "maximum penalty" for the illegal speeder is the confiscation of the beloved "racing device". The motor vehicle used is retained and used. The legislature expressly provides for this as confiscation for the purpose of punishment.
Even before the type of punishment was changed, the courts had often enough considered the requirements for an illegal race. It should be noted here that illegal street races do not always have to be an express agreement between the participants. It is also sufficient if one tacitly decides, through appropriate behavior, looks and gestures, for example at a traffic light, that those involved will now drive out who is the faster.
But it will be interesting for motorcyclists as far as the number 3 is concerned. According to this regulation, the single speedster can also be penalized and his vehicle confiscated.
The alarm bells sound here with the biker lawyer. The phrase "grossly unlawful and grossly inconsiderate" also appears in another (older) provision of the penal code, which some law enforcement authorities like to use to curb motorcyclists. In the criminal offense of endangering road traffic (Section 315c StGB), among other things, those who overtake in a grossly illegal and inconsiderate manner incorrectly or otherwise drive incorrectly when overtaking are punished.
mutual disclaimer
For a conviction because of such a case of road traffic hazard, in addition to the existence of a particularly serious violation of a traffic regulation (= gross traffic violation) and acting for selfish reasons or indifference (= recklessness), it must also be proven that the person overtaking also wanted both subjectively and in terms of his motivation.
In practice, this often overlooks the fact that a motorcyclist, due to the increased seating position, can overtake more easily than a low-seated driver due to a better overview. Also, it is often not taken into account that the overtaking maneuver can be carried out more quickly by accelerating the motorcycle sharply and can thus be completed more quickly and safely.
It remains to be seen what an alleged single-track single-speed vehicle can expect in the future.
Finally, I would like to briefly point out that an illegal street race leads to a mutual exclusion of liability among those involved under civil law. There is a lot of howling when you learn that the competitor in the race who has cleared you doesn't have to pay anything for it.
Andreas Bludau, lawyer