Failure to maintain a safe distance is one of the most common causes of accidents. There is often not enough time to brake in time or change lanes. The result is a rear-end collision. As traffic violations with serious consequences are usually severely penalized, distance violations in German-speaking countries can result in severe penalties.
According to road traffic regulations, the safety distance to the vehicle in front must always be large enough to ensure that you can keep behind it even if the vehicle in front brakes unexpectedly. This rule applies in Germany as well as in Austria and Switzerland.
Drivers of classic cars should also keep a safe distance - not only to avoid endangering their own car. Some drivers, especially of low-powered classic cars, exploit the rolling speed of the vehicle at the expense of the safety distance to the vehicle in front in order to avoid the lengthy acceleration to driving speed. Instead of braking at a red light, they prefer to roll close behind the vehicle in front so that they can continue straight away when the light turns green.
However, an inadequate safety distance can lead to dangerous situations. If the vehicle in front brakes suddenly or another car swerves in unexpectedly, there may not be enough time to react to prevent an accident.
Rules of thumb for calculating the safety distance
There are two rules of thumb for calculating a sufficient safety distance: Firstly, drivers can count off the current distance to the vehicle in front. This is because the safety distance should be the distance traveled in two seconds. If the vehicle in front passes a prominent point - such as a street lamp or a traffic sign - count off two seconds from then on. If you reach the spot in less than two seconds, the distance is too short.
Another principle is: distance equals half the speedometer value. If you are driving at 100 km/h - for example on a jaunt along country roads - the safety distance should therefore be 50 meters. In difficult visibility conditions or poor road conditions - such as rain, snow or slippery roads - the safety distance must be adjusted and significantly increased.
Penalties for failing to maintain a safe distance on the road
In German-speaking countries, distance violations in road traffic are penalized in very different ways. In Austria, for example, there is an administrative fine of up to 726 euros if the safety distance is less than one second of the distance driven. In addition, an entry is made in the Austrian driving license register. If the distance is less than the distance driven in 0.2 seconds - at 130 km/h that would be seven meters - the driver's license will be revoked for at least six months. The administrative fine is then up to 2,180 euros.
In Germany, the penalties start very low. A distance offense at a speed of less than 80 km/h costs the driver 25 to 35 euros. At higher speeds, the extent to which the measured distance deviates from the rule "distance equals half the speedometer value" is checked: anyone traveling at a speed between 80 and 100 km/h and maintaining a distance of less than half the speedometer value, for example, must expect to pay 75 euros and a point in Flensburg. That would be 25 meters instead of 50 meters at a speed of 100 km/h, for example. The highest penalty for violating the specified safety distance in Germany is 400 euros, two points in Flensburg and a three-month driving ban if the distance is less than 1/10 of half the speedometer value at a speed of more than 130 km/h - i.e. only seven meters at a speed of 140 km/h.
In Switzerland, the penalties for distance violations cannot be read from a table, as the assessment of the violation of the rules is very different in the individual cantons. Here, the penalty is imposed on a case-by-case basis - taking into account the road, traffic and visibility conditions as well as the duration of the distance violation. The Swiss Federal Supreme Court has ruled that it is a gross violation of traffic regulations if the distance is less than 0.5 seconds of the distance driven. This results in criminal consequences such as a fine and possibly a prison sentence. If the distance to the vehicle in front is between 0.6 seconds and 1.8 seconds of the distance traveled, it is a simple traffic rule violation. In this case, administrative measures such as a warning or withdrawal of driving license may be imposed.
Appeal against the fine notice
In some cases, it is possible to successfully appeal against fines imposed for failing to maintain a safe distance. This is always possible if the driver concerned is not at fault for the insufficient distance - for example, if there are measurement errors or the safety distance was unexpectedly reduced by another vehicle. For example, the distance to the vehicle in front can be measured precisely when the vehicle in front brakes suddenly. It is also possible for a measurement to take place at the moment when another vehicle unexpectedly reverses so that the distance is too short for a short period of time.
In both of these cases, the driver concerned did not deliberately disregard the safety distance. However, the driver must submit evidence in order to successfully appeal against the penalty. This can be, for example, measurement logs and video recordings from the police. A lawyer is given full access to the police files and can search for evidence that justifies an objection.
About the Von Rueden law firm
The consumer law firm VON RUEDEN specializes in traffic law and will be happy to examine the possibility of an appeal against fine notices from Germany for you. Have you received a fine for a distance violation? Take advantage of the free initial consultation for non-binding advice. Write an e-mail, call 030 / 200 590 770 or use the contact form.
