Bundesautobahn - Traffic Laws and Enforcement

Traffic Laws and Enforcement

The German autobahn network is patrolled by unmarked police cars and motorcycles equipped with video cameras; this allows the enforcement of laws (such as tailgating). Notable laws include the following.

• The right lane should be used when it is free (Rechtsfahrgebot) and the left lane is generally intended only for overtaking, unless traffic is too dense to justify driving only on the right lane; drivers using far left lane for prolonged periods of time when all other lanes are free could be fined by the Autobahnpolizei.
• Forcing slow drivers on the left-hand lane to change lane (even if they are occupying it illegally), for example by flashing or tailgating, could be considered coercion and is best avoided.
• Overtaking on the right (undertaking) is strictly forbidden, except when stuck in traffic jams. Up to a speed of 60 km/h (37 mph) it is permitted to pass cars on the right side if the speed difference is not greater than 20 km/h (12 mph) or the vehicle on the left lane is stationary. This is not referred to as overtaking, but driving past. Even if the car overtaken is illegally occupying the left-hand lane, it is not an acceptable excuse; in such cases the police will routinely stop and fine both drivers. However, exceptions are and have sometimes been made.
• In a traffic jam, drivers must form an emergency lane to allow emergency services to reach an accident scene. This "lane" is the middle of the left two lanes.
• It is unlawful to stop for any reason on the autobahn, except for emergencies and when unavoidable, like traffic jams or being involved in an accident. This includes stopping on emergency lanes. Running out of fuel is considered an avoidable occurrence, as by law there are petrol stations directly on the autobahn approximately every 50–55 km (31–34 mi). Drivers may face fines and a driving licence removal for up to 6 months should it come to a stop that was deemed unnecessary by the police. In some cases (if there is direct danger to life and limb or property e.g. cars and highway infrastructure) it may also be considered a crime and the driver could receive a prison sentence (up to 5 years).
• There is a general duty to rescue in Germany. If there is an accident, a driver is obliged to stop and help, whenever and to the degree to which it is possible. Doctors, even if they are not Germans or living in Germany, are obliged to stop and help, unless an ambulance is already on the scene.
• First aid training is mandatory in order to obtain a driving licence in Germany.
• Fines for tailgating were increased in May 2006. At speeds over 100 km/h (62 mph), keeping less than 30 percent of the recommended safety distance (which should be about 100 metres, and longer at higher speeds) now results in a suspension of the offender's driving licence for up to three months. As such, overtaking on the right side or on the emergency lane can't be fined as hard as tailgating. Foreign drivers may be fined on the spot, their foreign licences confiscated (although not as frequent as German licences) and rental car agreements may be immediately cancelled (the renter also loses all insurance and has to come up with all liabilities).
• Due to legal regulations (Straßenverkehrsordnung) it is legal to flash headlights (Lichthupe) in order to indicate the intention of overtaking, but a proper distance to the vehicle in front must be maintained. Driving at insufficient distances and constantly or repeatedly flashing headlights are also considered to be coercion and the driver can get fined. In severe cases, this might be regarded as a crime and the driver may be arrested and face a court trial where they can be sentenced to up to three years in prison.
• The tires must be approved for the vehicle's top speed; winter tires (mud + snow) for lower speeds (i.e. cheaper than high-speed tyres) are allowed, but the driver must have a sticker in the vehicle reminding of the maximum speed.
• During the winter months winter tires are compulsory. M+S tires (mud and snow or all-season) are acceptable. Non-compliance would lead to legal consequences in the event of an accident and will result in problems with insurance coverage. During the winter months, or whenever winter conditions are present, rental companies in Germany are required to equip their rental cars with winter tires specifically designed for each vehicle (although the cost of that can be transferred to the renter, on a daily rate).