Rushing excessively could lead to denial of obtaining a driver's license.
Swift and Anonymous, Speeding Ticket Puzzle. A Regular Road Tale. But What Happens When the Driver Remains Hidden? Can This Escape a Logbook Obligation?
If a vehicle is caught exceeding the speed limit and the driver can't be traced, the responsibility may fall on the vehicle's owner to maintain a logbook. However, this is not set in stone, as evidenced by a ruling (Case No.: 14 K 1289/22) from the Administrative Court (VG) Berlin, as indicated by the Traffic Law Working Group of the German Bar Association (DAV).
The case revolved around a speeding violation. A vehicle registered to the eventual claimant was clocked driving 20 km/h over the limit in an urban area. The driver remained undetected, prompting the police to halt the administrative offence procedure.
Logbook Challenge
Despite this, the authority imposed a 70 euro fine and mandated the vehicle owner to maintain a logbook for a year. The person affected filed a court challenge.
In fact, the Administrative Court (VG) Berlin revoked the logbook order issued by the authority. They deemed the 20 km/h excess not serious enough to warrant such a mandate.
Logbook Need Only in Flensburg for Over 21 km/h
The violation would have merited a logbook requirement if it had resulted in at least one point in Flensburg, according to the ruling. This only applies when driving 21 km/h over the limit in urban areas.
Generally: For minor offences, a logbook mandate is only applicable in instances of extreme repeat offences.
The legal theory behind this: The aim is to hinder future, unexplained offences with vehicles. This particularly concerns company fleets. Furthermore, the vehicle owner did not cooperate with the investigation. In such instances, the case law considers whether the vehicle owner has control over who operates their vehicle. The owner must disclose the group of individuals who had access to the vehicle within a specific time frame and is obligated to provide relevant information.
After the Administrative Court's ruling, the driver, despite remaining undetected, was not required to submit a tax declaration for the speeding fine due to the minor nature of the infraction. Failure to cooperate with the investigation, however, could potentially lead to tax implications if the vehicle owner fails to meet their disclosure obligations.
