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Bypass driving ban: If another driver is specified

In a nutshell: Bypass driving ban - other driver

Am I threatened with a driving ban even though another driver has committed the traffic violation with my car?

No, if you are not the guilty driver, you do not have to fear a driving ban, as in Germany the driver's liability, not the owner's liability, applies. You have the option to state the real culprit in the hearing sheet or to object to the fine.

If I have been flashed, can I name a different driver in order to circumvent a driving ban?

Even if the other person agrees to take the sanction in your place, you should refrain from doing this, as you could be liable to prosecution for false suspicion. There is a risk of a fine or a prison sentence of up to 5 years for this.

How can the authorities determine if I am wrongly naming someone as guilty?

The authority can access the driver's license photo of the suspect and compare it with the speed camera photo. As a rule, it quickly becomes clear that the specified driver is not the actual traffic offender.

Avoid driving ban as a vehicle owner: Another driver has driven

Has it ever happened to you that you a hearing sheet for administrative fines received even though you no traffic violation have committed? If so, it was probably someone else on the road with your car and was caught breaking the traffic rules. Because about the speed camera photothat depicts the license plate is primarily above all the owner of the vehicle to identify, in this case you.

Unless it is clearly evident from the photo that not herwere behind the wheel that day (e.g. because the flashed driver is of a different gender or age), the fine authority assumes that you as the owner are also the guilty driver and will therefore send you the hearing sheet or the notice of the fine.

This can be quite a shock to some, especially if not only a fine is imminent, but possibly even a driving ban. But we can reassure you at this point: In Germany, this is different than in some other countries the so-called driver liability, not the owner liability. That means that always the driverwho committed the violation will be held accountable, not the owner of the vehicle. It is therefore usually not a problem for you to circumvent the threatened driving ban if another driver was behind the wheel. All you have to do is the real culprits on the hearing specify and send it back.

However, you must within the specified period otherwise the authorities will assume that you have nothing to say about the charge and will send you the notice of the fine to. You can then still objection should raise to circumvent the driving ban another driver guilty be.

Incorrectly specifying a different driver: not a good idea

But what if you do actually committed the offense to have? Can you then bypass the driving ban when another driver is ready take the blame?

The temptation to indicate someone else on the hearingTo avoid the driving ban is great for many of those affected. But you should avoid such trickery Distance yourself, because you may commit by doing so a false suspicion. According to Section 164 (1) of the Criminal Code (StGB), this constitutes and will be a criminal offense with a prison sentence of up to five years or a fine fined.

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Bypass driving ban: If a different driver is specified
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