Term and Meaning of Roadside Checks
Roadside checks are measures carried out by regulatory and police authorities to monitor compliance with traffic law and other public-regulatory provisions in road traffic. These checks serve to prevent hazards, ensure traffic safety, prosecute administrative offenses and criminal acts, as well as control specific duties such as driver’s license possession, registration status, or technical vehicle condition.
Legal Foundations of Roadside Checks
Police and Regulatory Legal Foundations
Roadside checks are primarily conducted on the basis of federal or state law provisions. In Germany, police and regulatory laws (e.g., the Police Act of the respective federal state, § 163b Code of Criminal Procedure) define the legal framework. The main objectives are hazard prevention and prosecution of administrative offenses and criminal acts.
State Police Acts
Police acts allow for extended and targeted traffic controls, for example, for drug or alcohol prevention, on specific occasions (focused checks), or as part of officially ordered control operations.
Road Traffic Act (StVG) and Road Traffic Regulations (StVO)
The StVG and StVO contain regulations for monitoring participation in road traffic, for checking drivers and vehicles, and for ensuring compliance with traffic law provisions. According to § 36 StVO, drivers are obligated to cooperate and stop as ordered by the authorities.
Code of Criminal Procedure (StPO)
If cross-border investigations become necessary during roadside checks (e.g., urgent suspicion of a criminal offense), further measures may be taken on the basis of the StPO – such as searches or seizures.
Process and Types of Roadside Checks
General Traffic Checks
During general traffic checks, authorities perform random or situation-based inspections, focusing in particular on:
- Identity and driving authorization (e.g., driver’s license)
- Registration and insurance of the vehicle
- Traffic safety and technical equipment (lights, brakes, tires)
- Observance of driving and rest periods for commercial drivers
Checks may be carried out without specific suspicion; they are part of the statutory supervision duties to maintain road safety.
Situation-Based and Suspicion-Dependent Checks
When there are specific indications of an administrative offense or crime (e.g., smell of alcohol, conspicuous driving behavior), targeted measures such as alcohol or drug tests, searches, or seizures are permissible. The legal principle of proportionality must be observed.
Special Forms of Checks
- Large-scale checks, also referred to as ‘focused control days,’ serve to intensify preventive measures, for example against drunk driving, drug driving, seat belt violations, or hand-held phone use while driving.
- Mass, suspicion-independent checks (e.g., in areas near the border according to § 22 and § 23 Federal Police Act).
- Checkpoints, for example for counter-terrorism or at major events.
Duties and Rights during Roadside Checks
Cooperation Obligations of Drivers
According to § 36 paragraph 5 StVO, drivers are required to stop at police signals and to submit to a traffic control. The following documents must also be presented upon request:
- Driver’s license and vehicle registration certificate (Registration Certificate Part I)
- Proof of operating permit and insurance coverage
In the event of violations, warnings or fines may be imposed; in certain cases, the vehicle may be seized or the further journey prohibited.
Right to Remain Silent and Seizure
The principle that no one is required to incriminate themselves (‘nemo tenetur se ipsum accusare’) remains unchanged in the context of a check. Those affected are under no obligation to provide information on the matter, e.g., regarding specific driving behavior. The police are authorized to secure items and documents as evidence within the scope of their powers. Further actions are subject to the prerequisites for intervention under the StPO.
Rights of the Control Authority
The police are permitted by police and road traffic law to stop vehicles, check occupants, record suspicious circumstances, and take necessary measures to prevent danger. Technical inspections (brake tests, light checks, etc.) are allowed as long as they are proportionate.
Limitations and Legal Remedies in Roadside Checks
Principle of Proportionality and Prohibition of Arbitrary Actions
Roadside checks are subject to the principle of proportionality. The measures must be suitable, necessary, and appropriate. Checks conducted solely for discriminatory reasons are not permitted. Arbitrary or disproportionate conduct by authorities may constitute a legal violation.
Data Protection Regulations
Collected data are subject to data protection law. The processing of personal information is only permitted for legally authorized purposes. Forwarding or storage requires a legal basis.
Legal Protection Options
Individuals affected may challenge unlawful measures taken during a roadside check through judicial review. This may be done by immediate appeal or subsequent legal clarification in the course of fine proceedings or through administrative court remedies.
Sanctions for Violations during Roadside Checks
Fines and Administrative Penalties
If violations of traffic rules or duties are found, warnings, fines, license revocation, or points in the driver fitness register may follow.
Criminal Consequences
If there is suspicion of a criminal offense (e.g., drunk driving, driving without a license, or document forgery), criminal investigations as well as criminal penalties may be initiated.
International Aspects
In EU member states and the Schengen area, similar control regimes apply, although there are national differences in the process and the powers involved. Cross-border enforcement of traffic, safety, and customs regulations is governed by European law.
Literature and Further Sources
- Road Traffic Act (StVG)
- Road Traffic Regulations (StVO)
- State Police Acts
- Code of Criminal Procedure (StPO)
- Federal Police Act (BPolG)
- General Data Protection Regulation (GDPR)
Conclusion
Roadside checks are an essential instrument for ensuring traffic safety and preventive hazard prevention in public spaces. They rely on a multitude of legal foundations and are characterized by the requirements of proportionality and protection of fundamental rights. Both those carrying out the checks and those being checked enjoy clearly regulated rights and obligations.
Frequently Asked Questions
Do I always have to stop and show my ID during a roadside check?
During a roadside check in Germany, drivers are generally required to respond to signals and instructions from the police. This particularly includes stopping the vehicle when ordered by hand signals, light signals, or appropriate devices of the police (§ 36 StVO). After stopping, identification must be made possible upon request. Presenting an identity card or passport is mandatory (§ 111 OWiG in conjunction with § 1 PAuswG). The driver’s license and registration certificate must also be handed over (§ 4 para. 2 FZV, § 11 FeV). Refusal may be considered an administrative offense and can be enforced by force, for example by ordering an identification procedure (§ 163b StPO).
Is the police allowed to search my vehicle without my suspicion?
A police search of your vehicle without concrete suspicion is generally not permitted. According to § 102 StPO, a search is only allowed when there are facts substantiating suspicion of a criminal offense, such as suspicion of drugs or weapons. However, state police acts also grant preventive search powers for hazard prevention (§ 44 BPolG, § 31 PolG NRW): Here, an ‘imminent danger’ is sufficient, for example in the context of dragnet searches. General or arbitrary searches are unlawful and can be challenged in court. The police must state the reason and purpose of the search; objections should be clearly articulated, while still cooperating.
What rights do I have if asked to take an alcohol or drug test?
The police may request road users to participate in a voluntary alcohol test (breathalyzer test) (§ 81a StPO). Participation is voluntary and may be refused without sanction. However, if there is specific suspicion of alcohol or drug influence, for example in the case of failure symptoms, a blood sample may be ordered. Since a legislative amendment in 2017, this may be taken even without a judge’s order if ‘imminent danger’ exists (§ 81a para. 2 StPO). The sample must be taken by a physician. Physical resistance is prohibited; passive resistance or silence, however, are permitted.
To what extent may the police search my belongings during a check?
The police search of personal belongings is generally subject to strict requirements. Without specific suspicion or reason, a search of personal items (e.g., bags, trunk) is not permitted. However, if a threat to public safety is suspected or there are indications of a criminal offense, the search may be legally justified (§ 102, § 103 StPO, as well as state police laws). The police must state the reason for the search and act proportionately. If a record is taken, the person concerned has the right to call witnesses and to receive a receipt for seized items.
How far does the right to refuse to provide information during a check extend?
During roadside checks, there is a general obligation to cooperate with identification and in regard to vehicle documents (§ 111 OWiG, § 36 StVO, § 4 FZV). Further statements, especially regarding the circumstances of an offense (e.g., alcohol or drug use, purpose of travel), do not have to be made—the right to refuse to provide information applies here (§ 136 StPO). Statements on the matter itself are voluntary and should if necessary only be made after legal consultation. If the police ask for information beyond what is necessary, such as private matters or whereabouts, you may refuse to answer. Exception: In cases of imminent danger or for hazard prevention, restrictions may apply.
When may the police detain me during a check or take me to the station?
Brief detention for the purpose of identification is permitted under § 163b StPO if identity cannot be established at the scene. The police may take the person concerned to the station if identification is also not possible there or if further measures are deemed necessary. Further detention is only allowed if specific legal requirements for custody are met, such as suspicion of a criminal offense and risk of flight (§ 127 para. 2 StPO) or for hazard prevention under the respective state laws. For measures that go beyond a certain period, a judicial decision must be obtained.
Can the police search my smartphone during a roadside check?
Searching smartphones is only permitted under very strict conditions. Without a judicial order, a smartphone search is only allowed in cases of urgent danger (‘imminent danger’) or according to § 102, § 81c StPO in the event of suspicion of a criminal offense. Routine and suspicion-independent checks do not justify such a search. Also, as part of hazard prevention under police or regulatory law, there must be sufficient indications. Those affected should explicitly object to the measure, but without using force. You are not required to provide your password; however, the police may arrange for technical unlocking within the framework of legal possibilities.
