Fine proceedings for traffic offenses

Regulatory offenses that are subject to a fine of at least 60.00 euros can be penalized exclusively by means of a fine notice. In the case of gross or persistent traffic violations, a driving ban of one to three months may be imposed in addition to the fine.
Only in the case of minor regulatory offenses is there the possibility of issuing a warning with a warning fine of up to 55.00 euros instead of a fine notice.
For traffic violations, the basis for determining the amount of the fine and the duration of the driving ban is the uniform nationwide fine catalog in Germany.

Upon the issuance of a fine notice, the person concerned must also bear the procedural costs (fees and expenses).

Final administrative fine decisions involving a fine of at least 60.00 euros that are classified as impairing traffic safety are reported to the Driver Fitness Register at the Federal Motor Transport Authority in Flensburg.  

The fine procedure generally begins with a hearing. The road user is informed of the traffic violation they are accused of, and they are given the opportunity to present their side of the events and raise objections to the accusation.

If the competent authority maintains the allegations after the hearing, it will issue a fine notice.

If an appeal against the fine notice is filed in a timely manner, the fine authority will review the facts of the case and whether it will uphold its decision. If the fine authority concludes that the procedure was lawful and the decision made is correct, it will forward the files via the public prosecutor's office to the local court, which will review the matter again.

If no objection or no timely objection is filed against the fine notice, the fine notice becomes legally binding and can no longer be changed. The total amount stated in the notice must be paid.

If no payment is made, debt collection proceedings will be initiated, which will involve additional costs. If the dunning procedure is unsuccessful, enforcement proceedings will follow. Due to the fine, the local court may also order coercive detention.

For the duration of the driving ban, the driver's license is taken into official custody by the traffic fines authority. If the driver's license is not surrendered voluntarily, it will be confiscated with the help of the police.

An objection to the fine notice can be filed within 2 weeks of service.

Two weeks after the fine notice has been served, it becomes legally binding, provided no objection has been filed. From that point on, a further period of two weeks begins, during which the amount stated in the fine notice must be paid.

The amount of the fine specified in the penalty notice is determined using the nationwide uniform fine catalogue.

In addition to the fine, the penalty notice also imposes procedural costs consisting of fees that depend on the amount of the fine and are at least 25.00 euros, as well as expenses, e.g., for postal delivery or other outlays incurred by the penalty authority.

An appeal against the fine notice can be lodged with the administrative authority that issued the fine notice within two weeks of service. The appeal is only admissible if it is received by the administrative authority before this period expires.

A judicial decision may be requested against other decisions by the administrative authority for fining. In the case of formally served decisions, the time limit for submitting the request is 2 weeks from service, for example against the rejection of an objection, against the refusal of reinstatement to the previous status, or against a cost assessment. In other cases, an indefinite request for a judicial decision is also possible.