As of: March 6, 2024, 3:26 p.m
By: Michel Guddat
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Farmers have been blocking the roads in Germany with thousands of tractors since the beginning of January.
But was it all legal?
The farmers face penalties.
Munich – They were stuck in a traffic jam for hours.
Car to car, it didn't go forward or back.
Anyone standing near the front could see and hear it: flashing lights, loud honking, rattling engines.
The farmers' association brought thousands of tractors to a standstill on the roads all over Germany.
Protests, blockades, rallies - a car trip had to be carefully considered so as not to end up in traffic jams and chaos and find your patience tested.
Does this have consequences for the farmers?
Most recently, bales of hay and piles of dung were dumped on the streets by the protesters, blocking traffic routes.
The Bavarian police chief made it clear: “This is clearly going too far!” Especially on motorways, obstacles and blockages pose a great danger to drivers. But what consequences are there for the farmers’ protest actions?
Prison sentences or fines: According to the criminal code, farmers' protests are coercion
“The farmers’ road blockades represent coercion,” said traffic expert Uwe Lenhart on
t-online.
According to Section 240 of the Criminal Code (StGB), it states that other road users are unlawfully forced to act, tolerate or omit.
This means that drivers are deliberately sent into traffic jams or forced to take long detours.
Depending on the case, the punishment is imprisonment for up to three years or a fine.
Many farmers brought traffic to a standstill across Germany with their protests.
Is there a threat of repercussions now?
© Nikolai Kislichko/Imago
And that's not all: if farmers dump a pile of dung on the road, they are affecting road safety.
The life and limb of another person or other people's property are in danger, which means that Section 315b of the Criminal Code applies.
Here too, fines or prison sentences of up to five years are envisaged.
Driving license and tax exemption at risk?
And your driver's license and tax exemption are also at risk.
Because: In order to be able to work with the tractors in the fields, you need a driving license class T and L, with which you can drive a maximum of 60 or 40 km/h.
Acquiring classes C and CE for trucks would be necessary for the road.
Vehicles used for agricultural and forestry purposes are also exempt from tax with a green license plate.
And here’s the problem: “License classes T and L are only sufficient if the vehicle is actually used for agricultural and forestry purposes,” explains Lenhart.
A tractor at a demonstration is certainly not one of them.
If the driver does not have a truck driver's license, he is, strictly speaking, driving without a driver's license.
First-time offenders will face fines or a driving ban.
And the green license plate and its accompanying tax exemption also have their guidelines.
Vehicles equipped with this may not be used privately.
This is only possible after applying for motor vehicle tax.
Customs pointed this out when the farmers' protests started.
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Does the “Last Generation” have more trouble with the police than the farmers’ blockades?
Recently, the discussion about the different treatment of protesters came to the fore.
“Last Generation” climate stickers are being dragged off the streets while the police worked with the organizers of the farmers’ strikes.
At the request of
IPPEN.MEDIA
, lawyer Dr.
Alexander Betz: “In principle there is no difference.” However, the climate group often deliberately refrained from registering protests in order to cause chaos.
“The farmers have a different lobby than the climate activists – at least that’s my impression.
If the local farmers' association comes, it has a different weight than if there are three climate stickers," said Betz.
But the farmers' protests could also have legal consequences.
(mg)