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Le contrôle de la circulation routière dans les pays de la C

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328 pages
La circulation routière est un des domaines où l'Europe des échanges commence à prendre forme dès le début du XXème siècle par l'homogénéisation des signalisations ; une volonté d'harmonisation des réglementations, toujours en chantier, lui succède. Pourtant des particularismes nationaux tant juridiques que sociaux et historiques tracent des voies singulières propres à chaque pays étudié. Ce bilan des recherches illustre des approches cognitives spécifiques à chaque pays. Il a été établi dans le cadre du Groupe Européen de Recherche sur les Normativités (GERN).
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LE CONTRÔLE DE LA CIRCULATION
ROUTIERE DANS LES PAYS DE LA CEE Collection "Logiques Sociales"
dirigée par Bruno Péquignot
Série Déviance dirigée par Philippe Robert
La série Déviance a pour vocation de regrouper des publications sur les normes, les
déviances et les délinquances. Elle réunit trois ensembles :
Déviance et Société qui poursuit une collection d'ouvrages sous l'égide du
comité éditorial de la revue du même nom ;
Déviance-CESDIP qui publie les travaux du Centre de recherches sociologiques
sur le droit et les institutions pénales ;
Déviance-GERN, enfin, qui est destinée à accueillir des publications du Groupe
européen de recherches sur les normativités.
DEVIANCE/GERN
La collection Déviance/GERN est destinée à accueillir les publications du Groupe européen
de recherches sur les normativités qui réunit des centres et des chercheurs européens
travaillant sur les normes et les déviances.
Le GERN a déjà fait paraître, aux Editions l'Harmattan :
Robert, Ph. Ed., Les politiques de prévention de la délinquance à l'aune de la recherche ; un
bilan international, Paris, l'Harmattan, 1991. Entre l'ordre et la liberté, la détention provisoire. Deux siècles de débats,
Paris, l'Harmattan, 1992.
Robert, Ph., Van Outrive, L. Eds, Crime et justice en Europe. Etat des recherches, évaluations
et recommandations, Paris, l'Harmattan, 1993.
Robert, Ph., Sack, F. Eds, Normes et déviances en Europe - un débat Est-Ouest ; Norms and
Deviances in Europe - An East-West Debate, Paris, l'Harmattan, 1994.
Hebberecht, P., Sack, F. Eds, La prévention de la délinquance en Europe ; nouvelles
stratégies, Paris, l'Harmattan, 1997.
Robert, Ph., SoubiranPaillet, F., Van de Kerchove, M. Eds, Normes, normes juridiques. normes
pénales,
chez d'autres éditeurs :
Robert, Ph., Ed., La création de la loi et ses acteurs. L'exemple du droit pénal, Oflati, Institut
International de Sociologie Juridique, 1991.
Robert, Ph., Emsley, C. Eds, Geschichte und Soziologie des Verbrechens, Pfaffenweiler,
Centaurus-Verlagsgesellschaft, 1991.
Robert, Ph. Ed., Crime and prevention Policy, Research and Evaluation, Freiburg im
Breisgau, Eigenverlag Max Planck Institut fur auslandisches und internationales Strafrecht,
1993.
Robert, Ph., Van Outrive, L. Eds, Recerca, Delinqüencia i Justicia a Europa. Avaluaci6 i
recomanacions, Barcelona, Centre d'Estudis Jurfdics i Formacié Especialitzada, 1993.
Robert, Ph., Van Outrive, L., Shapland, J., Jefferson, T. Eds, Research, Crime and Justice in
Europe : an Assessment and Some Recommendations, Sheffield, University of Sheffield,
Faculty of Law, Center for Criminological and Legal Research, 1995.
© L'Harmattan, 1997
ISBN : 2-7384-5855-6 Sous la direction de
Georges Kellens et Claudine Pérez-Diaz
LE CONTRÔLE DE LA CIRCULATION
ROUTIERE DANS LES PAYS DE LA CEE
Contributions de Hans-Jiirg Albrecht, Claire Corbett,
Valérie Dervieux, Clive Emsley, Philippe Ghilain,
Georges Kellens, Franco Lazzarone, Claudine Pérez-Diaz, Robert Quintin,
Amadeu Recasens I Brunet, Robert Roth,
J.W. van der Hulst
Mise au point éditoriale Bessie Leconte (GERN)
Éditions L'Harmattan L'Harmattan Inc.
55, rue Saint-Jacques 5-7, rue de l'École-Polytechnique
Montréal (Qc) — CANADA H2Y 1 K9 75005 Paris
LES AUTEURS
Hans-Ji:4.g Albrecht, Direktor, Max-Planck-Institute ftir auslan-
disches und internationales Strafrecht, Freiburg im B.
Claire Corbett, Deputy Director, Centre for Criminal Justice
Research (Brunei University)
Valérie Dervieux, Agent contractuel, Bureau des études,
Direction des Affaires criminelles et des grâces, ministère de
la Justice, Paris
Clive Emsley, Professor, The Open University, Milton Keynes
Philippe Ghilain, Avocat général près la cour d'appel de Liège
Georges Kellens, Professeur à l'Université de Liège
Franco Lazzarone, Avocat au barreau de Cuneo
Claudine Pérez-Diaz, Ingénieur de recherches, Centre de
Recherches Sociologiques sur le Droit et les Institutions
Pénales (CESDIP/CNRS), Guyancourt
Robert Quintin, Directeur administratif, ministère des
Communications et Infrastructures ; service juridique
(Bruxelles)
Amadeu Recasens I Brunet, Director, Escuela de Policia de
Catalunya
Robert Roth, Directeur, Centre d'étude, de technique et
d'évaluation législatives, Université de Genève
J.W. van der Hulst, Lecturer, Erasmus Universiteit Rotterdam INTRODUCTION
Georges Kellens
Corsetée, irriguée, obstruée par un réseau compact de
rues, de routes et d'autoroutes, l'Europe ne gère pas de façon
homogène la circulation et son infrastructure : d'est en ouest,
du nord au sud, les multiples cultures s'y expriment.
A des moments très différents, des administrations
diverses ont entrepris de régenter avec des moyens variés la
route et son utilisation. Parmi les outils, le droit pénal a été
colonisé et accommodé, de façon instable d'ailleurs, à des
sources administratives variant en densité. Mais le droit civil
de la responsabilité à base de faute ou de risque et les
modalités de la couverture d'assurance ont pu dessiner un
autre paysage sur lequel puisse se profiler un modèle de
conduite apaisée, civilisée et maîtrisée que tente de
construire, à la fin des années 1980 la Commission francaise
de la sécurité routière.
Les contentieux peuvent être aussi éclatés gut' les
autorités compétentes, ou au contraire tenter, comme cela a
été réalisé depuis 1995 en Belgique, de se concentrer, civil et
pénal réunis, au "tribunal de police", concentrant dans un
flacon d'étiquette pénale, un élixir complexe aux parfums
mêlés de droit public et privé, où, en utilisant les termes de C.
Barberger et P. Lascoumes (1991, 109) à la recherche du
droit pénal, se retrouvent, en rupture avec la rationalité
légale, la généralité et la temporalité linéaire du droit
moderne, matérialité, particularisme, circularité, trois
caractéristiques typiques du droit post-moderne.
La production et l'utilisation de la norme dans le
domaine très interdisciplinaire de la circulation routière ont
fort heureusement été choisies comme l'un des champs
d'analyse du GERN (Groupe européen de recherches sur les
normativités) * .
Séminaire financé par la Convention n° 89 41071 00 224 75 01 du 24
novembre 1989 entre la DSCR (Direction de la sécurité et de la Le contrôle de la circulation routière dans les pays de la CEE
Le groupe qui a été constitué a pu s'appuyer sur des
solides travaux de sociologie du droit au sens large, qu'il
s'agisse d'études historiques, d'études d'attitudes ou de
perceptions, de sociologie législative, d'études de cohortes
d'affaires permettant de reconstituer les filières pénales si
bien tracées par B. Aubusson de Cavarlay, ou de façon peut-
être plus originale encore, de recherches sur la naissance des
affaires ou leur avortement au bénéfice de l'"indulgence"
(Pérez-Diaz, 1994). Sans être vraiment reprochable dans une
société qui veut rester humaine et maîtrisable, il y a en effet
un trafic moderne des "indulgences" ou à tout le moins un
troc : le constat d'infraction est une zone de pouvoir et
d'échange comme l'est la zone de constitution de la norme.
Des paradoxes de terrain avaient pu être mis en
exergue : ainsi Barberger, dans une thèse de 1992 (150-152)
sur les contraventions au code de la route et la sécurité des
personnes montrait-elle que certaines règles d'organisation
du contrôle social contribuent à favoriser la protection de
l'espace public et de la fluidité de la circulation, de
préférence à la sécurité des personnes et se refusait-elle à
abandonner le système actuel à sa perversion, c'est-à-dire
laisser la sanction pénale se transformer en taxe fiscale
aveugle : des Erinyes, il ne s'agit pas de passer au collecteur
d'impôts sur l'incivilité ou le sournois incivisme du quotidien.
L'objet du séminaire du GERN sur le contrôle de la
circulation routière était de comparer l'émergence et la vie du
droit de la circulation routière dans différents pays d'Europe :
des monographies y ont été réalisées pour un certain nombre
de pays, selon des schémas que l'on a voulus relativement
standardisés. Des grilles ont ensuite été systématiquement
remplies par types d'infractions : vitesse, alcool et
médicaments, stationnement. Une série de réunions ont
permis la confrontation d'opinions des meilleurs spécialistes
des administrations, de la magistrature et de la recherche. Le
résultat de ces travaux de longue haleine, condensant une
somme de réflexions antérieures, est présenté ici de façon
circulation routière, ministère de l'Equipement) et le Centre National de la
Recherche Scientifique.
8 Introduction
compacte, grâce surtout à l'énergie de tous les instants de Cl.
Pérez-Diaz, dans l'environnement favorable créé par R. Lévy
au Centre d'études sociologiques du droit et des institutions
pénales (CESDIP) et par Ph. Robert au GERN.
Le résultat dont pourra bénéficier tant l'analyse que la
gestion est livré ici dans une forme qui a été soigneusement
revue par B. Leconte, que nous tenons à remercier.
Le Centre national de la recherche scientifique a rendu
ce travail en commun possible : l'Europe, à moyen terme, et
la communauté des chercheurs, lui en sauront gré.
Loin d'une invitation à l'uniformisation, on retiendra
peut-être de ce polyptyque le sentiment de rationalités
multiples, entées sur des traditions culturelles, explicables
aussi par les accidents de l'histoire, et qui permettent une
confrontation idéale, dans un domaine particulièrement
complexe - et dont on ne peut pas gommer la complexité -
ressenti comme un lieu de droits au pluriel plutôt que de droit
au singulier, avec ce qu'on peut savoir de l'efficacité et de
l'effectivité des normes.
9 REGULATION AND CONTROL OF MOTOR VEHICLE
TRAFFIC IN THE FEDERAL REPUBLIC OF GERMANY
Hans-Jeirg Albrecht
I - The History of Motor Traffic Regulation and
Control
As in most other countries in Europe legal regulation
and control of motor vehicle traffic and motor vehicles can be
traced back to the turn of the century when motor vehicles for
the first time became visible phenomenon in society and soon
were seen to create severe problems in terms of safety risks.
Among those risks and dangers perceived to be associated
with motor vehicles which were then given high priority at
the beginning of the century the speed which could be
developped by motor vehicles as well as exploding fuel
obviously were the most prominent'. The historical
development of traffic regulation and control may serve as an
important example for the growth and extension of legal
control systems including and intertwinning civil, public and
criminal law.
From the very beginning on the German state had
adopted a federal system of government separating sharply
federal and state (Lânder) powers of legislation. Thus, the
first attempts of controlling and regulating motor vehicles
and motor vehicle traffic, issues which until then were not
mentionned in the German Constitution and therefore fell
under the legislative competence of the single states could be
observed in the states, sometimes even on the community
level. The first ordinance requiring license plates for every
motor vehicle was issued on a local level in Sachsen-Weimar
in the year 1900 and was followed by general administrative
ordinances for the state of Prussia in the years 1901-1903
introducing mandatory license plates for motor vehicles and
See Wolff, 1927. Le contrôle de la circulation routière dans les pays de la CEE
mandatory technical equipment of motor vehicles such as e.g.
horns. All German states issued motor vehicle ordinances in
the years to coure (setting standards for the technical
equipment of motor vehicles, requiring registration of motor
vehicles and drivers' licences dependent on examinations 2),
which partially deviated grossly from each other 3. To
overcome disparity in motor vehicle legislation the Federal
Government provided "model motor vehicle guidelines" in
1906, which immediately were adopted in the single states by
way of so-called "police ordinances" (Landespolizeiverord-
nungen). Obviously, no conflicts arose out of the process of
concentrating legislative powers with respect to motor
vehicle traffic in the Federal system. Parliamentary debates
on motor vehicle issues between 1902 and 1909 essentially
centered around two topics. The first topic concerned civil
liability of motor vehicle drivers, the second pointed to the
question of penal law and the criminal liability issue.
Although, ordinary criminal provisions in the German
Criminal Code covering negligent manslaughter and
negligent bodily injury (§§222, 230) could be applied in the
field of motor vehicle traffic, it was felt that these provisions
were not sufficient to cover all types of behaviour thought to
deserve punishment (especially hit and run-behaviour).
Moreover, with motor vehicle traffic the question of
negligence became of paramount importance in criminal law
theory and practice. As a decision on criminal negligence or
recklessness needs firm points of reference in terms of legal
duties and obligations which were violated in order to
establish negligence, application of these types of offences
did bring upon problems as a consequence of standards of
motor vehicle traffic having not yet fully developped. Finally,
there existed an umbrella type penal provision covering
violations of any police ordinance (§266 Criminal Code ;
regulatory offences).
The civil liability issue was resolved rather swiftly
through adopting the model of strict civil liability developped
some 30 to 40 years ago for damages caused through the then
2 Examinations were almost exclusively related to technical knowledge,
see Echterhoff, 1991.
3 Klein, 1912, 2.
12 Regulation and Control of Motor Vehicle Trafic in Germany
new technology of steam-powered trains', a model of liability
creating exemptions from the general rule that liability should
always be based on individual intent or negligence. Damages
or injuries resulting from the use of a motor vehicle have to
be compensated by those who are registrated as owners of the
motor vehicle. The principle of strict civil liability was
introduced to respond to risks and dangers inherent to
technology which neither are predictable in terms of type or
size of damages nor can be linked in general or in an
individual case with sufficient reliability to negligent human
behaviour 5. On the other hand, penal liability of motor
vehicle drivers and motor vehicle owners turned out to be a
far more sensitive field.
Two policy positions can be identified, one arguing
for introduction of new penal statutes protecting the public
from dangers and nuisances caused through motor vehicle
traffic and especially more severe penalties than those
provided by existing penal provisions, the other position
demanding stricter penal provisions protecting the motor
vehicle and the driver from dangers resulting from negligent
or intentional behavior of pedestrians or other vehicle owners
using public roads (opponents to stricter penal control of
motor vehicle drivers stressed especially the point that as
early as in the year 1904 the automobile industry provided for
180 000 places of work) 6. On the other hand partisans of
stricter penal regulation pointed to the growing number of
accidents with motor vehicles involved (the number of
accidents increased from 2 290 in the first half of 1906 to 3
240 in the first half of 1907 on the territory of the German
Reich) and some then spectacular incidents (e.g. ladies falling
from horses, windows smashed etc.) receiving wide public
4
Finke, Hempel, 1978, 40.
5
For details see Finke, Hempel, 1978, 76.
6
Protection of the motor vehicle driver and the motor vehicle traffic has
actually been sought through the introduction of two penal provisions, the
first of which (§315b CC) makes it a criminal offence to create dangers
for life and property through certain impacts on motor vehicle traffic
(destroying or damaging vehicles, traffic signs etc.). The second penal
provision concerns robbery of a motor vehicle driver which is committed
under the special conditions of motor vehicle traffic (§316aCC).
13 Le contrôle de la circulation routière dans les pays de la CEE
attention. Partisans of a tougher criminal law approach to the
control of motor vehicle traffic succeeded in incorporating
specific penal provisions in traffic laws. While the first draft
of a Federal Law on Motor Vehicles did not include penal
provisions addressing motor vehicle drivers but was restricted
to civil liability in case of accidents, the final draft which
passed Federal Parliament in 1909 and went into force the
same year (Law on Motor Vehicles of May 3rd, 1909)
contained besides provisions on registration of motor
vehicles, on drivers' licence as well as strict civil liability of
the owner of a motor vehicle (setting also upper limits to
liability : 75 000 Marks in case of injuries or death, 5 000
Marks in case of property damaged) several basic penal
provisions on motor vehicle use', representing the core of
motor vehicle offences still today :
- §21 provided criminal penalties (fines up to 150
Marks or imprisonment of up to two weeks) for violations of
any police ordinance enacted to regulate motor vehicle traffic.
- §22 concerned the hit and run offence with criminal
penalties of fines up to 300 Marks or imprisonment up to 2
months (but exempting the offender from punishment if the
driver revealed his or her identity to police during the day
following the accident) as well as leaving an injured victim of
an accident in a helpless condition (imprisonment of up to 6
months) ;
- §23 made it a criminal offence driving a motor
vehicle without proper registration and approval of the
competent administrative authority (fine up to 300 Marks or
imprisonment up to 2 months) ;
- §24 made driving without valid license a criminal
offence punishable by fines up to 300 Marks or imprisonment
up to 2 months ;
- finally §25 incriminated the unauthorized use or
modification of license plates and provided criminal penalties
' Buscher, 1931.
14 Regulation and Control of Motor Vehicle Traffic in Germany
in terms of fines up to 500 Marks or imprisonment up to 3
months.
These penal provisions partially backed up adminis-
trative requirements setting the general framework of motor
vehicle traffic (registration, insurance, driving license) while
the hit and mn offence concerned the first genuine motor
traffic offence. The hit and mn offence (now : §142 Criminal
Code) remained a widely debated issue throughout this
century. The focus was on the problem of self-incrimination
and the question of what should be the protected interest. But,
the protection of mere individual interests in creating a sound
basis for civil law suits alone surely is not sufficient to invoke
criminal law and criminal penalties as a response to leaving
the place of an accident without notifying public authorities
or giving notice on personal data to others being involved in
the accident, too. So, in the creation of the hit and mn
Offence an abstract interest to be protected was introduced.
The hit and run Offence was among the first offence statutes
where abstract interests like traffic order and safety played a
prominent role pointing to the concept of endangering
offences which in the second half of the 20th century became
an essential element of modern criminal law. As the hit and
mn offence continues to play a considerable role in traffic
law enforcement the debate today is again on the question
whether a hit and run offender should be exempted from
punishment statutorily if he or she reports to police or to the
victim during the day following the incident'.
In addition to the aforementionned contents of the
Law on Motor Vehicle Traffic of 1909, two other sections
dealt with the conditions under which individuals may be
admitted to motor vehicle traffic as well as the conditions
under which a motor vehicle may be operated on public
roads. Furthermore, a special section of the law authorized
administrative agencies (but not criminal courts) to revoke
the driving licence in case of being unfit to drive a motor
vehicle (§4 StVG). The structure of the Law on Motor
8 See Eisenberg, Ohder, Bruckmeier, 1989 ; Leiphold, 1987 ; Mid, 1993,
133-152, 151.
15 Le contrôle de la circulation routière dans les pays de la CEE
Vehicles (Straftenverkehrsgesetz : StVG) basically remained
the same until today.
Il - From the Origins of Motor Vehicle Legislation to
the Current System of Traffic Control
In the decades to follow motor vehicle traffic
expanded rapidely as did laws and ordinances designed to
enhance preventive and repressive control of motor vehicle
traffic. With growing numbers of motor vehicles and
individuals having access to motor vehicles 9 the number of
accidents increased and the burden in terms of deaths and
injuries resulting from traffic accidents became heavier (see
graph 1). However, any attempt to analyze systems of control
and regulation of motor vehicle traffic must take into account
that the subject of analysis concerns a cross-sectional topic
where civil, public and criminal law are involved.
1 - Civil Law and the Control of Motor Vehicle Traffic
Developments in civil law (which may be used as a
preventive and repressive measure) dealing with motor
vehicles and motor vehicle traffic are basically related to
questions of insurance and compensation. Besides the
principle of strict civil liability which from the very
beginning played a central role in regulating damages
resulting from motor vehicle accidents, it should be noted
that in the year 1939 the principle of mandatory private
insurance for motor vehicles (covering compensation for
property damages, personal injuries or death) was introduced.
Since the seventies insurance companies aiming at reduction
of the number of accidents and the losses associated rely on
incentives in terms of deductions from regular insurance fees
which are granted in exchange for compensation-free periods.
9
At the beginning of the nineties approximately 60% of the Westgerman
population and 49% of the Eastgerman population had access to an
automobile with 70% in the west and 61% in the east having a drivers
license, see Haas, Pfafferott, Schulze, 1991, 7.
16 Regulation and Control of Motor Vehicle Traffic in Germany
However, it was hypothesized that this system could have
contributed to an increase in hit and run offencee.
Preventive functions can be assigned to tort law which
is applied in case of accidents and damages as well as injuries
resulting from accidents. As a general rule German tort law
requires full compensation of all damages associated with a
traffic accident caused by negligence (whereby all Bide costs,
eg. fees of a lawyer must be reimbursed). A recent example
of how tort law may be used to control motor vehicle traffic
can be derived from the Supreme Courts Jurisdiction on
negligence. Although, a general statutory speed limit doesn't
exist in the Federal Republic of Germany, the Supreme Court
has ruled, that anyone who gets involved in an accident at a
speed of more than 130 km/h is liable for damages resulting
out of the accident unless he or she can prove that the
accident would have happened also at a speed of 130 km/h or
less n . Costs of speeding thus are increased through tort law
and the consequences of the decision on civil liability for
insurance payments (which are increased in turn as a
consequence of being liable for accident damages).
2 - Criminal Law and the Control of Motor Vehicle
Traffic
The general development of criminal law with respect
to motor vehicle traffic since the beginning of this century
until the sixties may be characterized by :
- the creation of new criminal offences,
- the introduction of new penal measures (revocation
of driving license ; interdiction to drive a motor vehicle),
- increases in criminal penalties for traffic offences,
- the introduction of endangering offences (linking
crimi-nal responsibility to risky behaviour, not to the
consequences (or the success) of offending behaviour ;
- changes in criminal procedural law in terms of the
introduction of immediate, preliminary suspension of drivers'
license as well as the introduction of mandatory blood testing
1° Kaiser, 1988, 820.
Bundesgerichtshof Noue Zeitschrifi fur Verwaltungsrecht, 1992, 229-
231.
17 Le contrôle de la circulation routière dans les pays de la CEE
in order to be able to prove the offence of driving while being
intoxicated.
Insofar some of the basic features of modern criminal
law become visible. The emphasis is on criminal negligence
(as opposed to intent in ordinary criminal law) as well as on
endangering offences (as opposed to success-offences),
herewith also on prevention.
But, the emergence of traffic control policy can be
broken down into several phases after the Second World War,
the first of which set the framework of traffic control through
most of the second half of this century. The first years after
the Second World War were characterized by deregulation.
Although, the numbers of traffic accidents grew considerably
at the beginning of the fifties the focus of traffic policy was
on education and prevention with less weight placed on
regulation of traffic. In 1952 e.g all general speed limits were
abolished' 2. Two major law reforms have contributed to shape
criminal traffic law in the second half of this century : The
First and the Second Law on Traffic safety of 1952 and 1964.
1952 : First Law on Traffic Safety
The major changes initiated through the first law on
traffic safety may be seen in :
- the creation of a new traffic offence (§315c Criminal
Code) which consists of causing concrete dangers for life or
health of others or for the property of others either through ;
- being unfit for driving as a consequence of
intoxication (alcohol or other intoxicating substances) ;
- violating grossly basic traffic rides (speeding etc.) ;
- authorizing criminal courts to revoke the drivers
license (§69 Criminal Code) and to set a time limit for
granting a new driving permission through the administrative
authority (6 months to 5 years or life). The licence must be
revoked if the offence which has been conunitted is related to
motor vehicle traffie, and if evaluation of the circumstances
of the offence prove that the offender is unfit to drive a motor
12 See Klenke, 1993.
13 The offence must not be a traffic offence. It is sufficient that a motor
vehicle has been used in committing the crime.
18 Regulation and Control of Motor Vehicle Traffic in Germany
vehicle. If the offence in question concerns a hit and run
offence, driving while intoxicated (§316 Criminal Code) or
causing concrete dangers for life and property of others
(§315c Criminal Code), then it must be assumed that the
offender is unfit to drive a motor vehicle.
- introducing § 111 a Criminal Procedural Code which
allows immediate preliminary suspension of the drivers'
license in case of the suspicion of those traffic offences likely
to lead to the revocation of the offenders' driving license.
1964 : Second Law on Traffic Safety
With the second law on traffic safety §316 Criminal
Code was introduced which made it a crime to drive a motor
vehicle despite unfitness as a consequence of intoxication
(alcohol or other intoxicating substances) ; the penalties
provided ranged then from a fine to imprisonment up to one
year. Unfitness as a consequence of intoxication was not
defined in the law. Therefore criminal courts had the task to
operationalize the offence statute and to set the limits of what
should be regarded to represent unfitness to drive a motor
vehicle. It goes without saying that the focus then was on the
use of alcohol. In the first period alter introduction of this
criminal provision the Supreme Court set the limit of the so-
called absolute unfitness at 0.15% BAC. As a consequence of
research on the impact of alcohol on the behavior of motor
vehicles drivers the limit was lowered at 0.13% BAC and
recently the Supreme Court decided that absolute unfitness is
present already with a BAC of 0.11%' 4. Besides the state of
absolute unfitness, relative unfitness (BAC of 0.08% up to
0.11%) according to German jurisdiction is sufficient to
establish the offence of driving while intoxicated if there
have been other visible signs (abnormal behaviour)
demonstrating that the driver has been unfit to drive a motor
vehicle. It is evident that in establishing the BAC levels
particular interest groups play a prominent role. Among those
groups with vested interest (traffic) psychologists who are
heavily involved in the treatment of drivers with alcohol
problems as well as in the delivering of expert statements in
14
BGHSt 37, 89.
19 Le contrôle de la circulation routière dans les pays de la CEE
the process of re-issuing driver licenses after revocation make
up the most important group voicing regularly the need for
lower BAC levels. On the other hand, automobile drivers'
associations like e.g the ADAC (German Automobile Club)
are very busy in pushing towards less regulation and
especially less criminal law in the motor traffic field.
Although, the driving while intoxicated offence
statute as well as its implementation is focussed on alcohol,
the wording of the law is not restricted to intoxication by
alcohol but covers other intoxicating substances, too. Here,
apart from medicaments", most recently illicit substances,
especially cannabis, have received particular attention'. The
debate on decriminalizing cannabis possession has seen
important changes in the last decades. These changes are also
visible in the decision of the Constitutional Court of March
9th 1994'. While during the seventies and eighties the debate
on risks associated with cannabis use has highlighted its
initiative role on the way to heroin and other hard drugs, in
the nineties the focus switched to risks of cannabis use for
traffic safety ls. Obviously, traffic safety has become a central
argument in the debate on how to deal with cannabis use in
society. Criminal courts up to now have ruled several times
on the question under what conditions the Drinking While
Intoxicated Offence (§316 Criminal Code) can be established
in the case of driving while under the influence of cannabis.
Basically, in forensic sciences two positions can be identified,
one arguing that any trace of cannabis has to be treated as
indicating unfitness to drive, the second position arguing that,
other than with alcohol, no firm limits to the content of
cannabis in the blood which is linked to the state of being
unfit to drive can be established. So, according to superior
court rulings levels of blood cannabis contents indicating
absolute unfitness to drive mulot be determined 19. The
15 Ulbricht, 1990.
16 See Deutsche Akademie fuir Verkehrswissenschaft 31. Deutscher
Verkehrsgerichtstag, 1993, 40.
17 See NeueJuristischeWochenschrift, 1994, 1577.
18 Kreuzer, 1993, 61-76.
Oberlandesgericht Kôln Neue Juristische Wochenschrift, 1990, 2945 ; 19
Oberlandesgericht Düsseldorf Strafverteidiger, 1994, 376.
20 Regulation and Control of Motor Vehicle Trafic in Germany
consequence then is to demand for additional signs of
unfitness which have to be present in order to establish the
driving while intoxicated offence in the case of cannabis
use". The Driving while Intoxicated Offence has been
discussed also with respect to Methadone Maintenance'.
Methadone Maintenance projects have been launched in the
second half of the eighties mainly as a response to the threat
of AIDS. These projects have then been extended
considerably in some states of the FRG. According to some
findings from traffic safety research patients dependent on
methadone always should be assessed to be unfit to drive a
motor vehicle22 although in general it is argued that the
effects of methadone treatment on traffic safety are not yet
23sufficiently known .
In addition, §24 of the Law on Motor Vehicles was
changed insofar as penalties for driving without a valid
license were increased from two months imprisonment to one
year imprisonment. Finally a new "side"-penalty was
introduced (§44 Criminal Code), labelled "interdiction of
driving a motor vehicle" (1 to 3 months) which cannot be
inflicted as a sole sanction, but only as an annex to a fine or a
prison sentence.
Another phase in criminal traffic legislation was
opened at the end of the sixties and may be characterized by
efforts to decriminalize and depenalize traffic offences. In
fact, traffic control has been a major field to develop policies
of decriminalization and depenalization. The fifties and
sixties had brought upon a heavy burden for criminal
prosecution and criminal courts as well as for the prison
system in terms of criminal traffic cases. Rising crime rates
and a system of penal sanctions relying heavily on (short
term) imprisonment contributed to a fast growing prison
population as well as overload and capacity problems within
the criminal justice system. On the other hand in the sixties
20 A similar court ruling applies to driving while under the influence of
heroin, see Oberlandesgericht Frankfurt Neue Juristische Wochenschrift,
1992, 1570.
21
Bratzke, 1993, 47-60, 56.
22 Berghaus et al., 1993.
23 Bratzke, 1993, 56.
21 Le contrôle de la circulation routière dans les pays de la CEE
reform of criminal law was dominated by the idea of
rehabilitation and main stream criminal policy aimed towards
separating those offenders who are in need of rehabilitation
(which was sought through treatment in prisons) from those
just in need of discipline and cautioning As the group of
traffic offenders was thought not to display signs of
rehabilitative needs and the dispute on whether traffic
offences should be regarded to represent real crimes never
had come to a definite conclusion, it is not surprising that
traffic offenders were among the prominent candidates for
decriminalization and depenalization. In the year 1968 a
major criminal law amendment brought a significant change
in the classification of criminal offences. Until 1968 criminal
offences were broken down into three categories of crimes :
major felonies (Verbrechen), ordinary criminal offences or
misdemeanours (Vergehen) and regulatory offences
(Übertretungen). Most traffic offences fell within the third
category which nonetheless concerned criminal offences. The
category of regulatory offences was abolished in 1968 and all
offences falling under this classification were either up-
graded to ordinary criminal offences or down-graded to mere
administrative violations (Ordnungswidrigkeiten). With the
exemptions of the hit and run offence (§142 Criminal Code),
driving while intoxicated (§316 Criminal Code), causing
concrete dangers while driving under the influence of
intoxicating substances (§315c Criminal Code), driving
without a valid license (§21 StVG') or without proper
insurance (§6 Law on Mandatory Insurance), using un-
authorized licence plates (§22 StVG) and trafficking in un-
authorized license plates (§22a StVG) all other traffic
offences were down-graded to administrative violations
which carry as a sanction administrative fines only.
Furthermore, within the system of criminal sanctions
fines were given priority over short-term imprisonment
through introduction of a statutory sentencing guideline
which says that short-terra prison sentences may be used only
if extraordinary circumstances are present in the case (§47
24
A motor vehicle owner who entrusts the motor vehicle to a person who
is not in possession of a valid licence commits an offence according to
§21 StVG, too.
22 Regulation and Control of Motor Vehicle Traffic in Germany
Criminal Code). According to §47 Criminal Code fines
should have priority over short term imprisonment (of less
than 6 months) with the exception of particular circumstances
demanding a prison sentence because of preventive reasons
(be it rehabilitative needs exhibited by the offender or general
preventive needs). Behind the decision to cut back short term
imprisonment that drastically stood the idea that short term
imprisonment could not work out well enough with respect to
rehabilitation due to the short period available for treatment
on the one hand and corruptive effects of the prison
environment on the other hand. According to the
depenalization approach, especially first time offenders and
small scale petty offenders therefore should be the main
target groups of criminal fines while longer prison sentences
should concentrate on a small group of heavy recidivist as
well as serious (traditional/personal) crimes. As a
consequence of this major law amendment the use of fines
increased sharply at the end of the sixties and remains stable
ever since (amounting to some 82 to 84% of all sentences
during the last two decades ; 1991 : 83,8%).
The quantitative dimension of administrative fines
evenly is significant. This may be observed in the
development in registration of administrative offences
carrying an administrative fine. Although an administrative
fine must be registered with the traffic information system
only if the fine is above 80 DM, approximately 2.8 million
administrative fines have been notified 1994 to the Central
Traffic Register (Verkehrszentralregister).
3 - Administrative Law and Motor Vehicle Traffic
Control
The regulation and control of motor vehicle traffic is
administrative in nature. It goes without saying that most
laws on motor vehicles, the driver and motor vehicle traffic
belong to the domain of public law. The basic character of
administrative control of motor vehicle traffic by means of
public law is preventive with certain repressive features as far
as reactions towards violations of administrative traffic laws
or ordinances are concerned. The most important law
concerns the above mentionned Law on Motor Vehicle
23 Le contrôle de la circulation routière dans les pays de la CEE
Traffic, which was amended several times since its first
enactment in the year 1909.
The guiding principle upon which traffic regulation
and traffic control and public traffic law are based says that
participation at motor vehicle traffic (be it for personal or
private be it for commercial purposes) is basically legitimate
and therefore open to anybody who wishes to drive or mn a
motor vehicle. The states' task in regulating and controlling
motor vehicle traffic therefore is restricted to set those
conditions which are essential in precluding dangers and risks
which may arise out of deficits and problems of individuals
who drive a motor vehicle or dangers arising out of the motor
vehicle itself as well as setting the general framework of
motor vehicle traffic in terms of providing opportunities
(planning and constructing public roads) and establishing
general standards of appropriate use of motor vehicles.
Furthermore, administrative authorities are responsible for
regulation in terms of deployment of traffic signs and systems
anhancing traffic flow etc. Finally, traffic administration must
care for proper implementation of motor traffic laws.
The basic conditions of admissions to motor vehicle
traffic (as far as the driver and as far as the motor vehicle is
concemed) are specified in the Law on Motor Vehicle Traffic
although most provisions giving the details on these basic
conditions are part of ordinances issued on the basis of the
Law on Motor Vehicle Traffic or part of other statutes
refering to this law. The most important conditions for
participating at motor vehicle traffic concem the following :
a. Everybody who participates at motor vehicle traffic
(driving a motor vehicle on a public road) is in need of a
driving licence (§2 StVG). A driving licence must be granted
if the applicant has :
- demonstrated his or her capability to drive a motor
vehicle through passing successfully a theoretical and
practical examination,
- participated at theoretical and practical education
and training in driving a motor
25
In addition to the general ride in the Law on Motor Vehicle Traffic,
detailed provisions on the type and the quantity of education are part of
the Ordinance on Admission to Motor Vehicle Traffic (Straflenver-
24 Regulation and Control of Motor Vehicle Traffic in Germany
- is not unfit to drive a motor vehicle because of
26physical or psychological reasons .
Since 1987 the driving licence is granted conditionally
only (§2a StVG). If during a two year "probation" period
certain traffic violations are committed then the person has to
participate in educational courses or even has to undergo
again full traffic examinations. The administrative authority
must revoke the licence if facts prove that an individual is
unfit to drive a motor vehicle (§4 StVG).
b. A motor vehicle which is to be used on public roads
needs a licence or permission (§1 StVG)'. If technical
requirements as outlined in various ordinances are met, then
the licence has to be granted.
According to §6 of the Law on Motor Vehicle Traffic
the Minister of Public Traffic and Transportation Systems is
authorized to issue ordinances which specify the
requirements necessary to obtain a driving licence or a motor
vehicle licence (§§1, 2 StVG) as well as the rules which must
be obeyed when driving a motor vehicle on a public road.
The Minister lias made use of this power and issued several
ordinances which contain detailled provisions on standards of
driving and traffic signs (Ordinance on Motor Vehicle
Straflenverkehrsordnung), technical standards of Traffic
motor vehicles (Ordinance on the Admission to Motor 28
29Vehicle Traffic ; Straflenverkehrszulas-sungsordnung) .
Certain violations against prohibitions or prescriptions
set through these ordinances (§24 StVG) or through the Law
kehrszulassungsordnung), as well as further statutes regulating standards
of "motor vehicle learning schools". See for details Berz, Berr, 1989 ; a
historical review can be found in Echterhoff, 1991, 126.
26 A definition of "unfitness" and the procedure to establish the facts
proving unfitness are found in §§ 2-3 of the Ordinance on the Admission
to Motor Vehicle Traffic (StraJ3enverkehrszulassungsordnung).
27 If somebody doesn't comply with these requirements the licence is
withdrawn.
28 There exist two types of licences : a general licence which must be
obtained by the producer of a motor vehicle at the Federal Bureau of
Motor Vehicles and an individual licence which must be obtained by the
car owner at the local administrative authority.
29 See for details Berz, Berr, 1989.
25 Le contrôle de la circulation routière dans les pays de la CEE
on Motor Vehicle Traffic itself (e.g §24a 30) are treated as
administrative violations (Ordnungswidrigkeiten) and are
prosecuted in a simplified procedure as outlined in the Law
on Administrative Violations (Ordnungswidrigkeitengesetz).
The administrative authority (which includes police as part of
state administration) may in the case of an administrative
violation open this type of summary procedure and fix an
administrative fine. However, the authority has the right to
caution the offender, too. The administrative fine must be
fixed according to an ordinance issued recently (1990) by the
Federal Minister of Motor Vehicle Traffic and which
specifies precisely tariffs for administrative traffic violations
(Ordinance on Administrative Fines ; Buflgeldkatalog-
Verordnung). The offender then has the right to appeal
against the administrative decision and may bring the case to
a regular criminal court (where the trial is also simplified).
A long disputed issue in the field of administrative
violations concerned seat-belt usage. In the year 1984 the
Federal Parliament amended the Ordinance on Motor Vehicle
Traffic (Straflenverkehrsordnung) and provided adminis-
trative fines for non-usage of seat-belts. Although, legal
provisions on technical equipment of motor vehicles required
since the early seventies that every motor vehicle must be
equipped with seat belts, the policy pursued to encourage seat
belt usage relied for over one decade on public campaigns as
well as tort law (civil courts have ruled since the mid-
seventies that non usage of seat belts justifies deductions
from compensation in the case of accidents resulting in
bodily injury or death32. Opponents to mandatory seat-belt
usage argued that such a obligation violated constitutional
rights despite the finding that seat belt usage is correlated
with less serious injuries and a smaller death toll. But finally,
30
§24a StVG makes it an administrative violation if driving a motor
vehicle with a BAC of 0.08% or more.
31 Vieth, 1988.
32 Vieth, 1988, 18.
26 Regulation and Control of Motor Vehicle Traffic in Germany
the courts decided that administrative fines may be applied in
enforcing seat-belt use 33 .
A central administrative power is embedded in §4
StVG : the power to revoke the drivers licence if facts prove
that an individual is unfit to drive a motor vehicle. As
criminal courts have the very same power of revoking a
driving licence the Law on Motor Vehicle Traffic resolves
possible conflicts between administrative authorities and the
criminal justice system insofar as administrative authorities
are not allowed to base a decision on behaviour which may
lead to a criminal courts decision on revocation as long as a
final criminal conviction is not reached (§4 II StVG). If, after
a final criminal conviction, administrative authorities want to
revoke a driving licence or make other decisions with respect
to the offender, those facts which were established in the
criminal trial as well as those court decisions related to the
question of unfitness of the offender must be taken into
account 34. All decisions made with respect of driving licences
(or other issues in the field of motor vehicle traffic affecting
an individual) are subject to the control of administrative
courts. Use of illicit drugs have become an issue also in the
context of administrative traffic laws. Here, a superior
administrative court has ruled that multiple use of cannabis
indicates the users' unfitness to drive a motor vehicle and
may thus serve as a reason to revoke the drivers license".
Finally the Law on Motor Vehicle Traffic provides for
the legal basis to establish several local and central
information systems. On the local level administrative
authorities are obliged to keep data on motor vehicles
(including information on car owners) which have been
licenced. These data are transferred to a central (federal)
information system at the Federal Bureau of Motor Vehicles.
The information system should allow efficient control of
motor vehicles, efficient taxing as well as efficient pursuit of
33
The same dispute could be observed when some years later an
obligation to wear motor cycle helmets was introduced. (Ed.) : 32.
Deutscher Verkehrsgerichtstag, 1994.
34
Bonk, 1994, 325.
35
Verwaltungsgerichtshof Mannheim Neue Juristische Wochenschrift,
1989, 1625.
27 Le contrôle de la circulation routière dans les pays de la CEE
private civil claims for compensation in case of traffic
accidents.
In another central information system data on criminal
convictions related to traffic offences, on decisions
concerning administrative violations and administrative fines
(80 DM and more) and decisions on revocation of driving
licences or interdictions of driving are kept with the purpose
of providing complete information in case of repetitive traffic
offences and for administrative decisions on revocation of
driving licences and interdictions of driving. A special
ordinance issued by the Federal Ministry of Motor Vehicle
Traffic fixes the weight of every traffic offence or traffic
violation in terms of "points". When reaching a certain
number of "points" as a result of multiple traffic violations
interdiction of driving may be ordered or the driving licence
may be revoked.
III - Implementation of Motor Vehicle Laws
Motor traffic administration is part of general state
administration which is organized by the single states
(Bundeslander). Although in the political system of the
Federal Republic of Germany, the Federal Parliament is
competent for motor traffic legislation and the Federal
Minister of Motor Traffic for issuing ordinances which are to
complete traffic legislation, the competence of implementing
these Federal laws and ordinances lies within the single
states' administration. Special departments within the general
state administration organized at the community level deal
with licences for motor vehicles as well as driving licences.
Control of motor vehicle traffic at large falls within
the responsibility of state police. Ordinary police forces are
responsible for regulation of motor traffic as well as
investigating traffic accidents and traffic offences'.
36 Police is organized at the state level. Community police forces did exist
until the end of sixties in large metropolitan areas but were abolished.
Today, communities may enforce parking regulations and community
speed limits through a special type of community police only authorized
to state parking violations and to caution offenders.
28 Regulation and Control of Motor Vehicle Traffic in Germany
Besides public administration private organizations
are involved in control of motor vehicle traffic, too. Motor
vehicle laws require that every motor vehicle must be
checked every two years in order to establish that security
standards are fulfilled. The power to control these technical
standards is vested in private associations (Technische
Überwachungsvereine ; TUV).
IV - Developments in Motor Traffic Control Policy
Main stream motor vehicle policy was until the
seventies guided by the goal of improving security in motor
vehicle traffic by way of reducing risks through advances in
technology or education of the motor vehicle driver as well as
improving basic conditions in terms of constructing safe
public roads and expanding the system of public roads.
However, since the seventies the issue of environmental
protection received growing attention in motor vehicle policy,
too. The adoption of the principle that any plans introducing
new technology or constructing major roads should be
compatible with the goals set by environmental protection
had large impacts on general policies of motor vehicle traffic.
First of all, this principle means that in planning public roads
not only traffic safety or interests in keeping motor traffic
flowing must be considered but also interests in preserving
the natural environment or keeping the impact on the natural
environment as low as possible must be taken into account.
Secondly, technological requirements were introduced
seeking minimization of environmental impacts resulting
from motor vehicle traffic itself. And thirdly, special attention
was drawn to the transport of dangerous goods or substances
which may have disastrous consequences for the environment
in case of accidents.
Motor vehicle policies have been shaped also by
considerations on negative consequences of traffic other than
accidents. Here, noise and other emissions from motor
vehicles became targets of policy. Attempts to reduce such
nuisances currently do create conflicts as many communities
pursue a policy of displacing motor vehicles from the inner
city areas through shortening public space made available for
parking as well as other measures (partially pushed by private
29 Le contrôle de la circulation routière dans les pays de la CEE
pressure groups). Another option in reducing motor traffic
concerns improvements in public transportation.
Traffic control policies changed significantly during
the seventies when heavier weight was placed on external
costs caused by motor vehicle traffic in terms of pollution
(e.g. Waldsterben) and the impact of motor vehicle emissions
on the general climate. With these changes cost-benefit
calculations gave rise to arguments demanding re-allocation
of public money spent on motor vehicle traffic and other
types of public transportation as well as an amendment of the
system of taxes towards ecological taxing which would place
a much heavier financial burden on individual motor vehicle
ownership37. After German re-unification the debates centered
around the question of how public money should be allocated
to road construction on the one hand and public
transportation on the other hand".
V - Research on the Regulation and Control of Motor
Vehicle Traffic
Before summarizing the research on motor vehicle
traffic and its control it seems useful to have a look on the
disciplines who are engaged in research as well as the nature
of research. It should be noted first of all that the bulk of
research carried through in the field of motor vehicle traffic is
applied research. Less emphasis has been placed on basic
research and serious deficits can be observed with respect to
theoretical issues. The finding that applied research
dominates the field of motor vehicle traffic may be explained
by the enormous demands for pragmatic and forensic
knowledge produced by the legal approach to traffic control.
Application of civil, criminal and administrative law is
dependent on expert-knowledge as far as causes of accidents,
unfitness to drive etc. are concerned. Insofar, technical
sciences and psychology (Motor traffic psychology) played
37 See Klenke, 1995.
38 Bundestagsdrucksache 12/3480: during the period 1991 - 2010
approximately 195 billion DM will be invested into the Eastgerman
railway system while 191 billion DM should be spent on road
construction.
30 Regulation and Control of Motor Vehicle Trac in Germany
major roles in research on motor vehicle traffic. On the other
hand criminological research on the traffic offender and
traffic offences has been carried through, although traffic
offences here did not attract that much attention as did
ordinary crimes.
1 - Implementation of Criminal and Administrative
Traffic Laws
Research on motor vehicle traffic may be based on the
analysis of official data available through justice statistics and
the special information systems on motor vehicles 39. The
questions which may be addressed by using official data
concern basically implementation of criminal or
administrative traffic laws. In 1991 (the most recent available
data on criminal convictions and sentencing) approximately
250 000 offenders were convicted and sentenced because of
traffic offences. That number makes up ca. 40% of all
criminal convictions and demonstrates that traffic offences
still play a considerable role in the criminal justice system.
Graph 2 points also to a continuous decline in traffic
conviction rates on the one hand. On the other hand, graph 2
shows that there has been an important exchange of offence
types within traffic offences. While there has been a strong
decrease in the rate of traffic offenders found guilty and
sentenced because of negligent bodily harm (in the context of
a traffic accident), the rates of drunken driving offences and
hit and mn offences have increased or remained rather stable.
Graph 3 gives some insight in the structure of sentences
meted out in traffic offences on the one hand and in cases of
ordinary crimes on the other hand. Sentencing in the case of
traffic offences is dominated by small fines (up to 90 fine
units), white prison sentences of 1 year or more are rather
rare. This reflects first of all the statutory priority of day fines
and secondly the generally low upper limit of penalties
provided for traffic offences (usually 3 years or less). Graph 4
demonstrates that the alcohol issue is of considerable
importance in sentencing the traffic offender. Sentencing
research confirms this view. It is obvious that besides alcohol
See Kaiser, 1988, 801 ; Kaiser, 1970.
31 Le contrôle de la circulation routière dans les pays de la CEE
use, the amount of BAC and the number of prior convictions
because of traffic offences are those variables most important
40. Finally, graph 5 in determining sentencing outcomes
reveals some information on the magnitude of administrative
fines. Approximately 2.7 million administrative fines have
been imposed in 1994 because of administrative traffic
violations. As only decisions involving administrative fines
of 80 DM or more are entered in the traffic information
system, and most administrative fines (eg for parking
violations) do not reach 80 DM, we may conclude that
virtually every motor vehicle driver will be affected by
administrative fines over a certain, but rather short, period of
time. The elevated rate of administrative sanctions and the
growing part administrative traffic sanctions play in control
of motor vehicle traffic are highlighted also in graph 6.
Sanction rates are especially marked if administrative
sanctions are linked to the number of motor vehicle owners.
Almost 50 000 administrative fines are counted per 100 000
motor vehicle owners falling into the age bracket of 14 to 18
years. Even in the age bracket of 70 years and older people
the incidence of administrative fines approaches still 10 000
per 100 000 motor vehicle owners.
Of particular importance seems to be the use of those
provisions allowing revocation of the driving licence.
According to the information on display in graphs 7 and 8
revocation of the driving licence (which may be imposed for
a period between 6 months and 5 years or for life) is
predominantly ordered by criminal courts while traffic
administration is rather involved in ordering interdictions of
driving (which may be imposed for up to 3 months). This
distribution may be explained by the fact, that reasons for
revoking the driving licence are predominantly found in
driving while intoxicated, a criminal offence. Interdiction of
driving is the regular response to multiple administrative
traffic violations.
Research on attitudes towards how traffic problems
should be tackled cornes up with rather distinct patterns in
West- and East-Germany. While Eastgermans think that the
best-suited means to reduce traffic problems and traffic risks
4° Schtich ; Albrecht, H.-J., 1980.
32