Pushing, fading in, slowing down: these are penalties in the event of coercion

Created: 07/28/2022, 10:58 am

By: Sebastian Oppenheimer

Driving up close in combination with the headlight flasher can be interpreted as coercion in traffic - but there are many other scenarios.

There's no question: a "sneak" in the left lane of the motorway can drive you crazy - especially when you're in a hurry.

But even if it's difficult, you should definitely keep calm.

Overtaking on the right is forbidden in Germany with two exceptions.

And pushing and fading can also cost drivers quite dearly - namely if the procedure is interpreted as coercion.

Because it is a crime.

Pushing and fading in can sometimes be construed as coercion on the road.

(Iconic image) © Patrick Pleul/dpa

Pushing, fading in, slowing down: these are penalties in the event of coercion

In the end, the judge decides whether it really is a question of coercion according to Section 240 of the Criminal Code (StGB).

The motive of the traffic offender also plays a role in court when deciding on coercion.

So it is just a matter of tailgating up to an administrative offense - in this case the traffic offender faces a fine, points in Flensburg and a driving ban of up to three months.

And the sole use of the headlight flasher is usually not immediately a necessity.

Coercion in traffic: In the end, the judge decides

According to the ADAC, it is only a matter of coercion if it is a particularly extreme case - i.e. the vehicle in front is put under massive pressure by a long, very close tailgating and possibly additional fading and thus changes lanes.

Specifically, according to the wording of the law, coercion is committed by anyone who “forces an action, tolerates it or refrains from doing it by force or by threatening it with a sensitive evil”.

And because this is a criminal offence, the consequences are much more drastic than with an administrative offence.

Only recently there was a case in Mecklenburg-Western Pomerania in which the police are now investigating mutual coercion: There was a kind of federal road duel between a Mercedes and a BMW driver, which ended with the BMW driver beat his opponent to the hospital with a flashlight.

The ADAC gives some examples of coercion:

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• Jostling and tailgating in combination with flashing the headlights over a longer period of time

• Deliberately preventing the person behind from overtaking

• Deliberate, unreasonable and abrupt braking of the following vehicle

• Approaching a person or vehicle in order to persuade the other to vacate a parking space, for example

• Throwing oneself on a bonnet to stop a car from moving forward

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

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Coercion in road traffic: In extreme cases, there can even be a prison sentence

In particularly serious cases, coercion can be punished with imprisonment.

As a rule, a conviction for coercion leads to a fine – but this can be very high.

It is usually calculated in daily rates based on the net monthly salary - four-digit penalties are not uncommon.

In addition, a driving ban may threaten.

As reported by the German Lawyers' Association (DAV), for example, in 2015 a taxi driver was sentenced by the Munich district court to a fine of 1,000 euros (50 daily rates of 20 euros each) and a driving ban of one month because he cut into another vehicle and then forced to brake hard.

In general, braking for no reason in the event of a rear-end collision can be the main cause.