The Federal Ministry of Transport and Digital Infrastructure (BMVI) has informed the federal states in a video conference that, in its opinion, the amendment to the Ordinance on the Catalogue of Fines (BKatV) issued by the BMVI is null and void in its entirety (Article 3) due to a violation of the constitutional citation requirement in the preamble to the 54th Amendment Ordinance amending road traffic regulations. Ongoing fine proceedings should therefore be assessed in accordance with the legal situation prior to April 28, 2020.
On 3 July 2020, the fine offices were asked by the North Rhine-Westphalian Ministry of the Interior to discontinue the application of Article 3 of the amending ordinance, i.e. the amendments to the Bußgeldkatalog-Verordnung, for fine proceedings that had not yet been completed and to apply the previously applicable legal situation.
In cases in which legal force has already been established, however, the fining authorities are prevented from doing so for legal reasons. On the basis of the procedure proposed by the BMVI, the only remaining option in these cases is an equitable decision by way of clemency.
In North Rhine-Westphalia, for example, driving bans that have not yet been enforced or have not been fully enforced and are based on the invalid Article 3 of the Ordinance on the Catalogue of Fines are decided ex officio (independently) by way of the clemency procedure. However, a blanket return of all driving licenses without any examination of the legal basis cannot take place. As the processing involves a considerable administrative effort for the competent authorities, it is not possible to predict how long the examination will take. This ex officio review is limited to legally binding driving bans, not fines. In the opinion of the BMVI, the differentiation results from the fact that a driving ban - in contrast to the imposition of a fine - can be associated with an intensive encroachment on fundamental rights in individual cases (freedom of occupation, general freedom of action). Citizens are free to apply for clemency if a fine has not yet been paid and in the event of particular individual hardship.
Compensation for driving bans that have already been enforced or fines that have already been paid is not an option.
According to information from the Federal Motor Transport Authority (KBA), 11,500 driving bans were reported nationwide by July 13, 2020. This figure may still change due to pending submissions to the KBA. No binding figures are currently available for North Rhine-Westphalia, which are still being determined.
