What is an Administrative Offence (Ordnungswidrigkeit or OWi)?

In German traffic law, an Ordnungswidrigkeit (OWi) refers to an administrative offense. These are minor infractions that do not reach the severity of a criminal act (Straftat). Common examples in traffic include exceeding the speed limit, incorrect parking, or running a red light when the danger is not severe enough to be considered a criminal offense. The key distinction is that an OWi is handled by administrative authorities, not directly by a criminal court, and typically results in an administrative fine, known as a Bußgeld.

The Decision Procedure (Bußgeldverfahren) Explained

The decision procedure, or Bußgeldverfahren, is the formal process initiated by authorities when an administrative offense is suspected. It typically begins with a warning or a formal administrative fine notice (Bußgeldbescheid). This notice will detail the alleged offense, the specific section of law violated, the proposed fine amount, any associated penalty points (Punkte in Flensburg), and the duration of a potential driving ban (Fahrverbot).

Upon receiving a Bußgeldbescheid, the driver has a specified period, usually two weeks, to decide whether to accept the penalty or to lodge an objection (Einspruch). If no objection is made within this timeframe, the decision becomes legally binding. If an objection is filed, the case may proceed to a court hearing where a judge will review the evidence and make a final decision.

Administrative Offenses vs. Criminal Offenses in Traffic Law

It is crucial for driving theory learners to understand the difference between administrative and criminal offenses in German traffic law. While both can relate to traffic violations, their legal treatment and consequences differ significantly:

• Administrative Offense (OWi): Minor infractions, handled by administrative authorities, resulting in fines, points, or driving bans. Examples: minor speeding, illegal parking. The goal is to enforce order and safety.
• Criminal Offense (Straftat): Serious violations, handled by criminal courts, potentially leading to heavy fines, imprisonment, and withdrawal of the driving license (Entzug der Fahrerlaubnis). Examples: drunk driving causing danger, hit-and-run, dangerous driving. The goal is to punish and deter.

Some offenses can be both, depending on the severity and specific circumstances. For instance, a very high-speed violation or driving under the influence with severe impairment might escalate from an OWi to a Straftat if it poses a significant danger.

Consequences for Drivers

Penalties for administrative offenses typically include:

• Fines (Bußgeld): Financial penalties, varying based on the severity of the offense and any prior infractions.
• Penalty Points (Punkte in Flensburg): Points are added to a driver's record at the German Federal Motor Transport Authority (KBA) in Flensburg. Accumulating too many points can lead to mandatory training or even withdrawal of the driving license.
• Driving Ban (Fahrverbot): A temporary prohibition from driving, usually for one to three months. Unlike a full license withdrawal, the driving license is merely held by authorities for the duration of the ban and returned afterward.

Your Rights and the Objection Process

If you receive a Bußgeldbescheid and believe it is incorrect or unjust, you have the right to object. This objection (Einspruch) must be submitted in writing to the issuing authority within two weeks of receiving the notice. It is advisable to seek legal counsel at this stage, especially if the situation is complex or involves a driving ban or a significant number of points. If your objection is rejected by the administrative authority, the case is usually forwarded to the local district court (Amtsgericht) for a judicial review.