Qualified prohibition of passage – usually for trucks
In a penalty case, a professional driver was charged with the following offense:
They did not observe the traffic prohibition ordered by sign 251 with additional signs, although the road area was additionally marked by traffic devices. 3,5 t
Specifically, this involves a ban on crossing the Rhine bridge in Leverkusen, which has now been fitted with a barrier system to prevent trucks from crossing without exception. This is achieved by installing scales in the lanes that measure the weight of the vehicle and, if the total permissible weight is exceeded, trigger a barrier and force the vehicle to leave the highway.
This is then recorded by cameras and the driver can usually expect a fine of €500 and a two-month driving ban.
We consider this draconian punishment – for professional drivers in particular, this is equivalent to a ban from working for at least two months, including regular dismissal – to be far excessive in view of the fact that the bridge to be protected is not crossed at all.
Apart from that, the case has still taken a positive turn. We were able to demonstrate to the court that the service of the penalty notice was ineffective because our client did not live at the place of service.
The result was therefore that our client ultimately neither had to serve the driving ban nor pay the fine.
A close examination is therefore worthwhile in many cases.
Ihr Ansprechpartner
Günter Grüne
Rechtsanwalt | Partner
Fachanwalt für Verkehrsrecht
Mitglied der Arbeitsgemeinschaft Verkehrsrecht im DAV