TRAFFIC LAW IN CRIMINAL AND EMPLOYMENT LAW

Violations of the law in road traffic often have direct effects on employment. Especially for people employed as drivers, a driving ban resulting from driving under the influence of alcohol can be a reason for normal termination, or even dismissal without notice, because the employee cannot do his work without a driving licence.

The same question may also arise from a speeding offence if the driver is in danger of being banned for up to 3 months. In individual cases, it may be helpful if the employer documents in writing that a driving ban in itself can have drastic effects on the employment and could even lead to termination.

In addition to general traffic law, there are also a number of individual provisions under criminal and employment law which must be taken into account. For example, if the statutory driving time is exceeded, this may be an offence by the driver against the German Driving Staff Act (Fahrpersonalgesetz) or the Driving Personnel Regulations (Fahrpersonalverordnung), and this can lead to far-reaching consequences, including administrative penalties, fines, imprisonment or even dismissal by the entrepreneur.

The employer may delegate the responsibility for compliance with driving hours, breaks and rest periods, e.g. to a vehicle fleet manager. This person must then especially ensure that trips are organised so that it is possible for the driver to comply with driving and rest times and that the driver is regularly reminded of the applicable driving and rest periods, and he must also monitor the tachograph discs.

Every violation is liable to lead to serious fines for the company, the vehicle fleet manager and the driver. In the event of an accident involving a violation of the driving time requirements, all parties are liable to incur serious sanctions and unpredictable liability claims.

The Federal Office of Goods Transport is responsible for supervising commercial road haulage. The Federal Office also checks the employment and activities of driving staff in motor vehicles, including compliance with the relevant residence, work permit and social insurance requirements.

Any legally binding convictions could lead to the consequence that the entrepreneur's permit for road goods transport is indexed for cancellation or not granted, thus endangering the company's economic existence. Furthermore, the Federal Office also maintains a file of traffic fine offence convictions, and this is indexed to the detriment of the entrepreneur.