Illegal car racing: the penalties for participating

Created: 08/11/2022, 10:45 am

By: Sebastian Oppenheimer

Again and again drivers duel on the streets - such an illegal race can be severely punished.

Even a prison sentence is possible.

The majority of drivers obey the traffic rules – and drive with care.

But there are also other contemporaries: Recently, a country road duel between a BMW and a Mercedes culminated in a wild brawl.

And again and again there are dangerous races at high speeds on public roads - and in the worst case the whole thing ends in a violent crash, as recently in Kassel.

But what are the penalties for participants in an illegal car race?

Participants in illegal street races even face prison terms.

(Iconic image) © Stefan Zeitz/Imago

Illegal car racing: the penalties for participating

Since 2017, participating in illegal street races has been a criminal offense.

The so-called "prohibited motor vehicle race" is regulated in Section 315d of the Criminal Code (StGB).

Accordingly, not only the participants but also the organizers face a fine or up to two years in prison.

According to the ADAC, an illegal race is about competition and speed – at least two participants are required.

The distance traveled is irrelevant.

Among other things, typical indications of a "banned motor vehicle race" are: a simultaneous start, a risky driving style, common milestones, time measurements and the use of highly motorized vehicles.

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Illegal car racing: Even “solo speeders” can be punished

But there is one exception: according to the law, a race does not necessarily require two or more vehicles - there is also the fact of the so-called "lone racer" or "single race".

Because the text of the law states in paragraph 3 of § 315d that a corresponding penalty will also be imposed if a driver "moves at an unsuitable speed and grossly contrary to traffic and recklessly in order to achieve the highest possible speed".

Because of such a “single race”, a Bugatti Chiron driver was investigated not too long ago, who was speeding down a German autobahn at up to 417 km/h – but in the end the proceedings were dropped.

Catalog of fines: what fines traffic offenders have to reckon with

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Illegal car racing: speeders can even be convicted of murder

However, the penalty for an illegal car race can be much higher.

Anyone who, for example, puts other people in danger or "endangers someone else's property of significant value" can even face up to five years in prison.

If people are seriously injured or even killed by a race, a prison sentence of up to ten years can be imposed.

Speeders can even be convicted of murder - the most well-known verdict in this regard is a case of an illegal race on Berlin's Kurfürstendamm.

In addition, the police are allowed to confiscate the participants' vehicles at races - as a case from Hamburg shows.

Even a confiscation is possible according to §315 f StGB, which means that ownership of the car passes to the state.