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2.2 Conduct in road traffic (Straßenverkehrsverordnung StVO)

11.03.2022 - Article

Complying with road traffic regulations (Straßenverkehrsordnung (StVO))

Diplomats and consular officers posted to Germany are expected to comply with road traffic regulations.

Violations committed in Germany by members of diplomatic missions and career consular posts who enjoy immunity from criminal jurisdiction are not prosecuted. The public prosecutor’s offices and the agencies responsible for public order at local level (Ordnungsämter) therefore do not pursue such violations. Not even a penalty notice is left under the windscreen wiper.

However, the Federal Foreign Office is informed so that it can examine whether there will be any consequences under diplomatic and consular law.

The general public also takes note of violations committed by vehicles with special number plates. The press requests the relevant statistics from the authorities responsible for road traffic administration and publishes them on a regular basis. Negative coverage can damage a mission’s reputation!

Diplomats and consular officers are therefore urged to fully comply with the regulations!

Speeding and driving under the influence of alcohol

Diplomats and career consular officers must in particular refrain from dangerous actions in road traffic, such as exceeding speed limits or driving under the influence of alcohol.

Should such offences come to the attention of the Federal Foreign Office, it will inform the embassy and give it an opportunity to comment. In individual cases, a range of consequences under diplomatic and consular law may also be considered and an individual may even be declared a persona non grata.

Conduct in the case of a traffic accident

If members of a mission/post are involved in a traffic accident, they are required to contact the police immediately, remain with their vehicle and await the arrival of the police. They must not leave the scene of the accident before the police arrive.

That also applies if they damage another vehicle when entering or leaving a parking space. Under German law, it is not enough in such cases to leave a note or your visiting card on the damaged vehicle. Rather, you must wait for the police or the driver of the other vehicle to arrive. Otherwise, your conduct will be classified as leaving the scene of the accident without permission or hit and run.

Third-party insurance and main inspection

It is a statutory requirement in Germany to have adequate third-party insurance for all of your vehicles. In addition, all vehicles must undergo a main inspection (Hauptuntersuchung) in accordance with the relevant legislation.

It is a serious violation of German road traffic regulations and supplementary penal provisions to put a vehicle on the road without sufficient third-party cover or without a valid sticker certifying that the vehicle has undergone a main inspection (HU-Plakette). The Federal Foreign Office reserves the right, in the event of such violations, to request the relevant authorities to deregister the vehicle concerned. The police authorities also have the right to stop the vehicle and remove it from the road.

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