As of: February 9, 2024, 9:30 a.m
By: Sebastian Oppenheimer
Comments
Press
Split
Illegal car racing is a criminal offense.
However, not everyone knows that a penalty always requires several people involved in the race.
“Racing alone” also threatens trouble.
There are many traffic situations in which drivers make mistakes because they assume incorrect assumptions: one such case is the “bending right of way”, in which the turn signal is often not used correctly.
This often happens in a similar way with a turning arrow.
But even when it comes to speed limits, some rumors persist - for example, that a speed limit on the motorway ends at the next exit.
But that is simply wrong.
And even on a stretch of road without a speed limit, extreme speeders can face penalties under certain conditions.
The new WhatsApp channel from 24auto.de is here!
Current news, useful tips & tricks as well as strange stories from the internet about cars can be found on our Whatsapp channel: Click here to go directly to
Automania
.
Recommended speed on motorways: Failure to comply will result in trouble in the event of an accident
First of all, in Germany the so-called recommended speed of 130 km/h also applies to motorway sections without a speed limit.
Anyone who drives faster has nothing to fear.
However, there can be trouble – if an accident occurs.
If the accident could have been avoided if one had adhered to the recommended speed, this can lead to shared liability.
By the way, there is no minimum speed on the motorway in Germany.
If speeders are found to be racing, they could even face prison
Extreme speeders can also face trouble on sections without a speed limit due to another violation of the law: the so-called “prohibited motor vehicle racing”, which is regulated in Section 315d of the Criminal Code (StGB).
Because this is not an administrative offense but a criminal offense, the penalties are correspondingly higher: participants face a fine (daily rates are calculated based on income) or even up to two years in prison.
Illegal motor vehicle racing: What are typical indications?
As the
ADAC
explains, an illegal race is about competition and speed - at least two participants are required.
The length of the route traveled does not matter.
Typical indicators of a “banned motor vehicle race” include, among other things: a simultaneous start, a risky driving style, common stage goals, time measurements and the use of high-powered vehicles.
My news
Changes to the main inspection planned: drivers face expensive consequences
Catalytic converter stolen: What affected car owners need to pay attention to read
“Pretty bad”: Why a Tesla driver is switching to BMW read
High consumption at low temperatures: Hyundai Kona Elektro in everyday testing
Speed limit: When does the speed limit end?read
“Thoroughly failed”: Office chair used as car seat back falls during safety check
You can find even more exciting car topics in the free newsletter from 24auto.de, which you can subscribe to right here.
But what many people don't know is that there is an exception.
You don't necessarily need two or more vehicles - the so-called "solo racer" or "individual race" also exists.
The text of the law states in paragraph 3 of § 315d that a corresponding punishment will be imposed if a driver “moves at an unsuitable speed and in a grossly traffic-contrary and reckless manner in order to achieve the highest possible speed”.
Car racing is illegal - there are also penalties for so-called “solo racers”.
(Symbolic image) © YAY Images/Imago
Illegal car racing: High penalties if people are harmed
Anyone who “just” drives too fast on a section of road with no speed limit generally has nothing to worry about.
The paragraph is intended for extreme cases.
For example, some time ago a Czech millionaire was investigated on charges of “individual racing” because he raced down a German motorway in a Bugatti Chiron at speeds of up to 417 km/h.
In the end, however, the proceedings were discontinued.
In fact, when it comes to “solo racing”, a lot is a matter of interpretation, as a ruling by the Oldenburg Higher Regional Court (1 Ss 199/22 – judgment of November 14th, 2022) shows: Here, even fleeing from the police at excessive speed and violating a red light was not considered an illegal race.
In special cases, however, the penalties for illegal racing can go well beyond the two years in prison already mentioned.
If, for example, this puts other people in danger or “endangers other people’s property of significant value” - this can result in up to five years in prison.
If people are seriously injured or even killed as a result of a race, a prison sentence of up to ten years can be imposed.