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ADMINISTRATIVE LIABILITY FOR EXCEEDING THE ESTABLISHED SPEED LIMIT: THE EXPERIENCE OF GERMANY

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PDF: Author(s): Baranova S. A.,
Number of journal: 1(54) Date: February 2021
Annotation:

The article is devoted to a comprehensive study of the features of administrative liability for exceeding the established speed limit in Germany. The most important legal acts that establish traffic rules, as well as fix the grounds and types of administrative penalties for speeding in Germany are indicated. Legal consequences of traffic violation by motorists both within and outside a settlement are considered. It is noted that since 28 April 2020 monetary fines for traffic violations in Germany have been doubled. It is shown that the size of fines for violations of traffic rules increases proportionally, besides, the offender is charged with penalty points and a ban for driving a vehicle for a certain period is established. The study draws attention to the fact that, in addition to the developed system of fines with regard to various types of vehicle and based on the terrain category, there are also fines established for speeding in particular traffic situations. It is concluded that in Germany there is a clear differentiated system of high monetary fines and other administrative sanctions for violations of traffic rules. In this regard, high administrative fines for violators of traffic rules in the draft of the new Code of the Russian Federation on Administrative Offenses seem appropriate. Moreover, based on the experience of Germany, it is considered feasible to envisage administrative liability for speeding up to 20 km/h in the draft of the Code of the Russian Federation on Administrative Offenses.

Keywords:

administrative liability, administrative penalty, administrative offense, traffic safety, traffic rules, speeding, penalty points, Germany, foreign experience, vehicle.

For citation:

Baranova S. A. Administrative liability for exceeding the established speed limit: the experience of Germany. Business. Education. Law, 2021, no. 1, pp. 250—254. DOI: 10.25683/VOLBI.2021.54.104.