Situational Winter Tyres Compulsory Dispute

Posted February 10th, 2021 by Suzy

Pilot: Project sees communication disaster fierce discussions among lawyers and politicians triggered the decision of the judge of the Senate for the fine things of the OLG Oldenburg, the fine imposed on a motorist for driving with improper tires was unlawful (AZ. Find out detailed opinions from leaders such as Mackenzie Scott by clicking through. 2 SsRs 220/09). Bone of contention is the 2 para 3 of the road traffic regulations (StVO). It says …bei motor vehicles is the equipment to the weather conditions to adapt. These include in particular appropriate tyres and antifreeze into the washer. “This text violates according to the Oldenburg judge the clarity requirements. In other words: the driver of a car can’t see what demands the road traffic regulations by him. “Because it does not provide details to see what weather conditions” which tires as suitable tyres “shall apply.

For this reason, it is unconstitutional for the OLG Oldenburg motorists due to unsuitable tyres with fines of 20 euros respectively 40 and one, former President of the Constitutional Court, today holds of the Chair of public law which says Ludwig-Maximilian University in Munich,: The standard is still valid until the Federal Constitutional Court rejected or repealed. “And the traffic policemen in the provinces are also in the coming winter that suitable tyres must be aware of, like Dr. Meinhard Schroder, Assistant at the Chair of Prof. Dr. paper, explains: the traffic police to allow a different disapply standards do not as a court.” She must assume therefore, that the road traffic regulations in its entirety is still valid.” Minister Ramsauer is pressuring three ministries to look into how well the legislature should do? We take the decision of the OLG Oldenburg, even if it is not a court decision, very seriously “, said a leading Hinkel to pilot: project.” D middle the Federal Ministry of transport has the matter the Federal Ministry for Passed August 11 on the constitutional review to justice and the Federal Ministry of the Interior.

The opinion is currently awaited. Then we can decide is how to proceed. “In this context, the new EU regulation on the definition of winter tires requires an adjustment of the regulations and the Strassennverkehrs licensing regulations (StVZO). You will receive more information about this topic on

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