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Report: This is how Austria’s police make money
Report: rip off or just punishment?
This is how Austria’s police make money
Right line or clear traffic violation? In the case of two motorcyclists from Germany, the Austrian police decided on the latter and sent tickets. Rip off or just punishment?
04/29/2010
The two letters from the Tyrolean district authority in Reutte came at the same time almost three weeks after a Saturday tour from the local Lake Constance district to neighboring Austria. Heinz Binder and Ralf Jotten considered their content to be a bad joke: Per “Anonymous disposal” the Tyrolean police informed them that they had to pay 58 euros (Ralf on GSX-R) and 80 euros (Heinz on CB 1300). Reason: On the descent from the 1894 meter high Hahntennjoch to the north of the Lech Valley in the direction of Germany, they did not violate the current speed limit (80, in some places 50 km / h), but against the general right-hand driving law in Austria (as in Germany) violated. Heinz sent the photo with them. Ralf, who had taken the cheap ticket for 58 euros, first requested his proof. With the consequence that his fine increased to 80 euros without comment when the picture rolled in. Photo costs extra.
The two experienced motorcyclists, both in their late 40s, had not noticed that they had been photographed by a police officer standing off the road on August 1, 2009 after the top of the pass, which they had crossed immediately one after the other. Heinz: “There was probably a car there. But that could also have belonged to a hiker.” Remarkable: The two had been on the road together with three motorcycle friends from Austria – their bikes (with Austrian license plates) drove behind the Germans. Nobody received any mail from them. Whether the Austrians had all remained well-behaved to the right?
Since Heinz and Ralf had not hindered or even endangered anyone – the route was free at the point in question, the pictures show that – and had not even crossed a solid line, i.e. were not aware of any guilt, they decided to appeal. “We just drove as usual. Not even too fast, because that can be expensive in Austria.” In fact, most motorcyclists just shrug their shoulders when looking at the evidence: “What shoud that? The driving style is normal.” Even a policeman who was asked by MOTORRAD for his (private) opinion and who himself likes to ride a CBR 1000 saw it that way (see statement). Unlike his Austrian colleagues, the Jorg and Heinz for their offense instead of 80 euros as an option “Replacement custodial sentences” of 24 hours.
The objections submitted by the two accused on time were rejected in mid-December. At Heinz, whose Honda was actually with both wheels on the opposite lane, with the hint that the Hahntennjoch was going to happen “no secured racetrack” be.
With Ralf, who, as Heinz had argued, only pulled out before the curve and undercut it in order to better see its course, on the grounds that “the reporting officer does not start anything with information such as so-called undercutting or pulling out” can. In January, Heinz and Ralf finally paid.
Reading experiences
as “Rip-offs” and “Highwayman” Austria’s police officers are often dubbed at German motorcycle round tables. MOTORRAD wanted to know what was going on and asked for specifics. Result: Conversely, there are the same problems.
In 2009 we were in the Dolomites on the last weekend in September and on Sundays we drove over the Timmelsjoch via Bregenz back home to Lake Constance. There must have been a tin soldier standing somewhere in the Bregenz Forest who was supposed to please three out of six people. Since I was unfortunately the last one at the moment, I was of course also the fastest. My FJ 1200 was then flashed at a permitted speed of 60 at 94 km / h, my two friends in front of me at 91 and 90 respectively. Everyone received the ticket on the same day. While the fine at 90 km / h was 137 euros and at 91 km / h 187 euros, the Otzis got me right with 225 euros. To be fair, however, one has to say that in Germany it would have been 160 euros as well as three points and four weeks without a bike. Reluctantly, everyone then paid. There was nothing else left. In June and September we will go back to the Dolomites, but everyone will be a little more careful with tin soldiers BMWs and other things. It doesn’t spoil our mood, the Dolomites with over 200 passes are far too beautiful for that.
Uwe Sieger, Owingen on Lake Constance
On June 21, 2009 I had a very lasting experience with the police in Austria! But in a positive way. We were traveling with a group of ten motorcycles (jupp-biker.de) from North Rhine-Westphalia in the mountains around Paternion (Carinthia, ed.) When we were badly hit. In a right-hand bend that suddenly turned 90-degree left, a member of the group got into oncoming traffic and collided with a car. The motorcycle was thrown back and hit me, despite emergency braking, that I did a complete somersault with my SV 1000. Two subsequent members of the group then drove into this rubble field. Nice pile of cold worked metal! I can only compliment the two Austrian police officers who were called together from two guards for recording the accident after the only injured person had been cared for and taken to the hospital! We were treated very friendly and courteous. Since the accident happened up in the mountains, we had to go to the police station to put our statements on record. This happened in a relaxed and pleasant atmosphere. Then the police took us back to the scene of the accident in two emergency vehicles in order to be able to recover our motorcycles. In the conversations on the way it turned out that the head of the watch is himself an enthusiastic motorcyclist and could put himself in our position.
Hans-Peter Beckmann, Haltern am See
I have had my driver’s license (motorcycle and car) since 1992 and have been an active biker again for around a year. As part of my field work, I drive between 70,000 and 100,000 km by car in peak years and can say from my experience that the Austrian police are far better than their reputation. In contrast to our German colleagues, you can talk to our officers very well, and we don’t eat everything that hot. Of course, it always depends on the severity of the offense, and of course the well-known saying “How to call into the forest …” also applies here. As an active biker, I can say that our police have neither bullied motorcyclists nor particularly on the kieker – even if the roaring bag could be heard from miles away beforehand.
Fritz Rambousek jun., A-Kufstein
I am happy to pass on experience with the police in the Salzburg region, because I come from Salzburg: There are the policemen here who, as long as you don’t exaggerate, like to turn a blind eye. The subject is only sensitive when driving recklessly and exceeding the speed limit by far. Then it can be very expensive. In the normal context (slight speeding, overtaking, etc.) you can definitely talk to the gentlemen – the ladies of the police are not quite as ready to talk. The second category consists of so-called test trains. There is no mercy when it stops you. Volume, brakes, tires, etc. are very precisely controlled and measured here. If, for example, loud exhausts are installed (whether with or without EU ABE), the vehicle will be parked. The volume can be measured or estimated. But since you usually come across the first category, you notice that they are much more tolerant here in Austria than in neighboring Bavaria. I was able to learn from experience.
Peter Buttinger, A-Ostermiething
As a Ducati Monster rider, my experience is that you should either avoid Austria at the weekend or stick to the regulations. Police stand behind corners of houses or piles of wood with radar guns. You don’t see them at all. If you get caught, they are relaxed and not as instructive as with us (Viennese Schmah).
Wini Zirafi, Sonthofen
I had an experience with the Osis who stopped us after a bend and asked the driver behind me if I had overtaken him on my CBR 600 RR. Since he said no (which was not true) we were allowed to continue. I wonder what they would have done if he had told them I passed him before the corner? What the Osis allow themselves on suspicion is a cheek.
Rudolf Schuster, Dachau
The scene of the crime: old Brenner state road to the north, right after the border. A car in front of me, my buddy with his ZZR 1200 behind me. I overtake quickly, then there is no overtaking on the downhill slope with a left curve down to Gries am Brenner. What is my buddy doing? Pulls out and also overtakes (the view was clear down to the bottom). At the entrance to the village, which was not visible from above, the friendly gentleman with a trowel is already standing. He looks at the license plate number of my R 1200 GS and says I can go on. He looks at my buddy and asks if he has done something wrong. He says he doesn’t know anything. Then the policeman explains that he has overtaken a civil patrol in the no-overtaking area. My buddy says he didn’t see the sign because he was focused on my overtaking maneuver and his subsequent one. The police officer then asked whether a 40 euro fine would be okay. Whoops, my buddy pays, gets a receipt without any problems, and the gentleman wishes us a good trip. The whole procedure was very friendly. I’m pretty sure it would have cost more in Germany.
Thomas Wolf
Opinions
MOTORRAD asked a German police officer, the ADAC and a lawyer for their assessment of the “Hahntennjoch case” and a general assessment.
German police officer (name known to the editors): “He drives like everyone would actually drive.”
“The photo of the evidence would also be proof of a fine in Germany. He (meaning Ralf Jotten on GSX-R, Red.) Drives like everyone would actually drive – but from a legal point of view it is objectionable. But in this country there is hardly any action taken. This is where the principle of opportunity comes into play, which gives the police officer a certain amount of discretion. He should have paid the fine straight away if he admits that he drove himself. If the fine is not paid, the case must be handed over to the local authority, which then has to issue a penalty order. The penal order is always significantly more expensive. Furthermore, he admitted through his statements that he drove himself. An anonymous ruling is always issued if the driver’s name is not known. In Austria, there is owner liability in these cases. I. E. the keeper has to pay the fine and it can then even be collected here in Germany. If he files an objection on time with the first letter and points out that he did not drive himself, he will still receive a penal order. However, this penal order is not enforceable here because we have no owner liability. Fines can only be collected for offenses that exist equally in both countries. Of course, it is advertised in the Austrian search system, but I don’t know how long.
Maximilan Maurer, ADAC spokesman: “Chicane? The sense is questionable”
“Such situations are always a matter of interpretation. Is this about a clear violation of the rules or about chicane? Strictly according to the rule, the right-hand driving law, which is also valid in Austria, must be observed if you are not allowed to drive an ideal line anywhere. But rules also serve the purpose of excluding endangering either oneself or others. And if there is no danger, the sense of such a report is questionable.
Stuttgart lawyer Ingo Becker: “There is no uniform catalog of fines in Austria”
Traffic violations abroad
Anyone who is caught committing a traffic violation in another EU country in the future is likely to face enforcement of the sentence in Germany from October 2010. Then not only has something to fear, who is prosecuted by the law enforcement officers on the spot of the traffic violation. From a fine of 70 euros, German authorities should also be authorized to collect the foreign penalty in the future. This EU framework decision came into force in 2005, but has not yet been implemented in national law. So far there have only been enforcement agreements between Germany and Austria and Switzerland. Traffic violations committed in Switzerland are enforced in Germany from a sanction of 40 euros and more, Austrian fines are enforced from 25 euros.
Example Austria
In contrast to Germany, there is no uniform catalog of fines in Austria. This often leads to different fines being set for a traffic violation. So z. For example, driving over a solid line in Austria costs between 35 and 80 euros, while overtaking “without sufficient visibility” costs between 58 and 100 euros. Alcohol-related offenses or traffic violations that endanger other road users are much more serious. Fines of up to 5900 euros can be imposed here, e.g. B. for trips from 1.6 per mille. Another example: Anyone who overtakes particularly ruthlessly and thereby endangers others can face a fine of 36 to 2180 euros. In the event of failure to pay, arrest of up to six weeks can be ordered.
Regulations in other European countries
Since the fines from other European countries with the exception of Austria and Switzerland cannot yet be enforced in Germany, the law enforcement officers may confiscate the motorcycle on the spot until the fine has been paid. A bail or security deposit is then demanded from traffic offenders caught at the checkpoint, the amount of which usually corresponds to the later penalty. This effectively ensures that the fine is enforced. Those who cannot pay run the risk of temporarily losing their wheelchair.
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