Speeding Violation

A speeding offense occurs when a driver exceeds the maximum speed limit established by the Road Traffic Regulations (StVO). It is irrelevant whether the violation was committed intentionally or negligently; what matters is solely that the speed driven exceeded the permitted limit.

Possible Consequences and Penalties for Speeding

The penalty for a speeding offense depends on the severity of the violation, the location, and the circumstances. There are several ways in which the penalty can be imposed:

On-the-spot Fine

For minor violations such as a slight speeding offense, the police may issue an on-the-spot fine. This is an immediate payment on-site that concludes the proceedings. Once payment is made, the matter is considered settled and no further notice is issued. It should be noted that no legal remedy is available for an on-the-spot fine.

Anonymous Penalty Notice

If the driver is not stopped directly, the authority may send an anonymous penalty notice to the vehicle owner. This allows payment without naming the actual driver, provided the amount is paid within the deadline.

Police Warning

In cases of minor misconduct without endangerment, the police often issue a verbal warning instead of immediately imposing a penalty. However, this option only exists if the misconduct could also be penalized with an on-the-spot fine. If, on the other hand, the offense can only be prosecuted by the authorities through a formal report, the police may not issue a warning.

Report to the Authorities

If there is a serious or repeated violation, the police file a report with the district administrative authority. This initiates administrative criminal proceedings in which a penalty notice may be issued.

Administrative penal proceedings

In these proceedings, the authority examines whether the offense can be proven. If it concludes that the driver committed the violation, it imposes a fine that can amount to several thousand euros. If the person concerned shows no remorse or fails to pay the fine, the authority may additionally order a custodial sentence in lieu of payment.

Driver’s License Revocation

Exceeding the speed limit by 40 km/h within built-up areas or 50 km/h outside built-up areas is considered grossly negligent.
In such cases, the authorities may temporarily revoke the driving license and impose additional requirements such as retraining or traffic coaching.

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Speed Measurement and Evidence

A penalty for speeding requires that the measurement was conducted lawfully and technically correctly. The police may only use approved and regularly calibrated measuring devices for this purpose. Even minor errors in handling or calibration can affect the result.

Radar Measurement

Radar devices are the most commonly used method in Austria. Radar devices measure speed by detecting the change in wave frequency reflected from the vehicle. If multiple vehicles enter the measurement range simultaneously or if the device is not precisely aligned, this can distort the measurement result.

Laser Measurement

Laser devices measure the time required for a light pulse to be reflected from the vehicle. These devices operate very precisely, but the measurement result depends heavily on targeting accuracy and the measurement angle. If the measuring device directs the laser beam at an angle to a vehicle, this can distort the measurement result.

Section Control

On expressways and motorways, Section Control is increasingly used. This calculates the average speed over a longer distance between two measurement points. This system is considered particularly reliable because short-term braking maneuvers do not affect the result.

Tolerance Limits and Measurement Errors

To compensate for technical inaccuracies, a tolerance deduction is applied to every measurement:

• For stationary measurements, usually 3 km/h below 100 km/h or 3% above 100 km/h,
• Slightly higher for mobile devices

Doubts about the measurement, for example due to uncalibrated devices, unclear photo documentation, or weather influences, can lead to the discontinuation or reduction of the penalty in administrative proceedings.

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Procedures and Responsibilities

The procedure following a speeding violation adheres to clear administrative rules.
Initially, the police decide whether to issue an on-the-spot fine, issue a warning, or forward a report to the authorities.
In the event of a report, the proceedings are transferred to the competent District Administrative Authority.

Course of Administrative Penalty Proceedings

1. Notification: The person concerned receives a penalty notice or a preliminary notice with the opportunity to submit a statement
2. Review: The authority assesses whether the offense and the evidence are sufficient
3. Notice: If the violation is confirmed, the authority issues a penalty notice stating the amount of the fine, the deadline, and instructions on legal remedies
4. Appeal: Within two weeks, an appeal may be filed against the notice
5. Legal force: After the deadline expires, the notice becomes legally binding; the penalty must be paid or will be enforced

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Your Benefits with Legal Assistance

In the case of a speeding offense, the facts often appear clear at first glance. In practice, however, many proceedings contain legal and technical details that can be decisive for the outcome. Particularly in cases involving higher fines or threatened measures against the driver’s license, a legal review may be advisable.

• Review of the measurement
• Appeal against penalty notice
• Negotiation with the authority
• Advice regarding license suspension
• Representation in appeal proceedings

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Frequently Asked Questions – FAQ

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