Commercial trucking on Halbuschstraße under control, multiple vehicles temporarily taken off the road for inspection
In a recent crackdown on vehicle safety and regulatory compliance, several trucks and articulated vehicles were taken off the roads in Germany. The incidents highlight the significant legal and financial consequences that both companies and drivers face when technical defects are found and driving regulations are violated.
During roadside checks by the Federal Office for Goods Transport (BAG) or police, fines ranging from approximately €200 to €3,000 can be imposed for technical problems detected in trucks or trailers [1]. More severe penalties are handed out if the defect compromises roadworthiness. Vehicles can be ordered off the road, with potential towing if repairs cannot be done onsite [1][4].
Companies are also held liable for negligent vehicle maintenance. If vehicle defects such as faulty brakes or bad tires contribute to accidents, companies can face civil lawsuits, including claims for damages from employees and third parties impacted by the accident [3].
Violations like improper tachograph use, which records driving and rest times, can result in even harsher fines. For instance, in France, companies can face fines of up to €30,000 for such violations, and Germany imposes substantial penalties as well [2].
Failure to comply with driving safety regulations can lead not only to fines but also the seizure of the vehicle's registration certificate until defects are corrected [4]. Beyond vehicle technical defects, regulatory compliance also includes data protection requirements in connected vehicles. Companies can face fines for failing to properly inform drivers about in-vehicle data recording and other privacy violations [5].
In practice, during inspections, if no mutual agreement with authorities is reached, companies may escalate fines and enforcement actions, including vehicle immobilization or towing [1]. only a small percentage of truck operators (about 10%) avoid fines during BAG roadside checks by ensuring full compliance [1].
Recent incidents in Neukirchen-Vluyn saw a 3.5t truck with defects in the brake lines and stabilizers taken out of service, and the driver suspected of driving under the influence of intoxicants [6]. However, initial suspicions were later found to be unfounded. The truck's brake lines and stabilizers were replaced, and no assets were seized [7].
Another truck, with an 18t GVM, was found to have significant technical defects in the steering and braking system, classified as dangerous [8]. The license plates and registration certificate of the truck were immediately removed and confiscated, and a seizure of assets was recommended due to the significant defects [9]. The driver was fined for exceeding his daily driving times, driving continuously for 14 hours each time, exceeding the maximum allowed 9 hours [10].
The companies involved in these incidents face fines for using the defective vehicles in public road traffic [11]. It is crucial for companies to maintain vehicles to legal safety standards at all times, promptly correct defects, and ensure driver adherence to driving and data regulations to avoid these substantial penalties and liabilities in Germany [1][3][4][5].
This crackdown serves as a reminder for all vehicle operators to prioritise safety and regulatory compliance to avoid costly fines and legal consequences.
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