by Florian König, maut1.de - 14 March 2024
Unfortunately, there are always drivers who don't care about the speed limit in towns, on country roads or motorways and who like to drive much faster than the speed limit. Denmark declared war on such extreme speeders a long time ago with its "insane driving" law. Cars can be confiscated there for extreme speeding offences and then auctioned off.
Since 1 March 2024, stricter rules for all drivers who ignore speed limits have also been in force in our neighbouring country Austria, which is popular with travellers. Extreme offences against speed limits can now result in the vehicle being confiscated or even expropriated. Numerous vehicles were already confiscated in Vienna, Tyrol and Carinthia in the first few days after the new regulations were introduced due to significant offences.
Loss of the car at more than 80 km/h above the speed limit
If the speed limit is exceeded by more than 80 km/h in urban areas and by more than 90 km/h outside urban areas, the vehicle can now be confiscated and even auctioned off in the further course of the proceedings.
If there is also a relevant previous conviction, e.g. due to participation in illegal car races, the confiscation and subsequent expropriation of the vehicle is possible even if the speed limit is only more than 60 km/h inside towns and 70 km/h outside towns.
If the driver is not the owner of the vehicle (e.g. in the case of leased, company or rental vehicles), the vehicle can still be temporarily impounded on the spot for a maximum period of 14 days, but without being released for auction. Instead, the driver will be banned from driving the vehicle in question for life, which will then be entered on the driving licence or driving licence register accordingly.
Penalties also apply to all drivers from Germany
Important: These stricter measures also apply to all foreign drivers with immediate effect, including Germans, of course. It was only in 2021 that the penalties for speeding were significantly increased in Austria with the so-called "speeding package" - since then, fines of up to 5,000 euros can be imposed for speeding offences in extreme cases. From a speeding offence of 30 km/h, a fine of at least 150 euros must be expected.
Fines for speeding will be increased
Since 1 March 2024, the fines for exceeding the speed limit by more than 60 km/h within towns or more than 70 km/h outside towns have also been significantly increased. Speeding drivers can now be fined up to a maximum of €7,500 instead of the previous €5,000. However, the maximum amount of 7,500 euros is generally only to be feared in very serious cases, such as illegal car racing or repeat offences. Of course, this also applies to all foreign motorists.
If you are caught breaking the speed limit in Austria, it is best to pay immediately. And, fines of 25 euros or more can also be enforced in Germany with a limitation period of 3 years.
The driving licence can now be revoked for a longer period of time
Since 2021, driving licences can be retained for a minimum period of four weeks for all speed limit violations of more than 40 km/h within towns and more than 50 km/h outside towns.
Important to know: For German drivers, the "driving licence withdrawal" measure generally only affects the driving licence in Austria, but not in Germany.
No pardon for participants in illegal races
Austria has already introduced the offence of "illegal racing" in 2021: Anyone who takes part in such races must expect their driving licence to be revoked for at least six months and their vehicle may also be confiscated. Subsequently, participants in such illegal races will be required to undergo psychological traffic tests in order to regain their driving licence.
Car confiscation: Legal situation in Germany
In Germany, participants in illegal car races can also have their cars confiscated. This also applies to so-called lone racers if they fulfil the offence of "racing against themselves".
Vehicles that are used for such races but do not belong to the racer can also be confiscated in individual cases. If a car is confiscated in Germany, it becomes the property of the state and is usually sold at public auction.
There are legal concerns about new regulations
However, there are also concerns about the new tightening of penalties in Austria from a legal perspective: on the one hand, there have been no studies to date that have dealt with the issue of "successful deterrence of speeders through harsher penalties"; on the other hand, according to legal experts, "such drastic interventions in the property rights of individuals should be better decided by criminal courts and not by administrative authorities".
Furthermore, it would be regrettable for general road safety if the new law were to be completely overturned by a court decision in the very first relevant case of application due to deficiencies or unconstitutionality.
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