Dresden – Since Monday, the mask requirement in the car for drivers and passengers in Saxony, provided they come from different households. Even if BILD traffic law expert Prof. Dr. Dieter Müller (61) declared the regulation unconstitutional because it broke federal law, the state government continues to adhere to it.
BILD asked the lawyers at the WKR law firm in Leipzig (35,000 traffic proceedings / year) what the drivers now have to do.
Can the authorities even identify me as a driver if I am wearing a mask?
Lawyer Christoph Lattreuter (47) explains: “It will certainly not make it easier to punish a masked driver who violates the speed. With a mask that will probably only succeed without a doubt if the driver is stopped by the police immediately after the offense. “
Can I avoid the fine if I was flashed while wearing a mask?
Lawyer Lattreuter: “Because there is no liability for the vehicle owner in Germany in such cases, the driver must be identified. The authorities usually have three months to do this. Thereafter, the statute of limitations may apply. “
And further: “If, as a vehicle owner, you receive a hearing or witness questionnaire, you shouldn’t provide information in every case. For example, a spouse or close relative has the right to refuse to testify. In the worst case, the owner threatens – if he knows the actual driver, clearly recognizes it on the photo and does not tell – in rare cases a logbook edition. “
How much is the fine?
“For the mask violation according to Paragraph 23 StVO, the driver must expect a fine of 60 euros. For the violation of the Saxon Corona regulation, 100 euros are due. The fine for speeding or red light violations is usually between 15 and a few hundred euros and a driving ban, ”said the lawyer.
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