Definition and legal classification of solo racing
Ein Solo racing is a term from traffic law, used in connection with the unauthorized organizing or conducting of vehicle races on public roads. Solo racing has been legally significant, especially since the reform of the Road Traffic Act (StVG) in 2017, when the so-called “illegal motor vehicle race” was codified as a criminal offense under Section 315d of the German Criminal Code (StGB). Unlike classic street races, in solo racing the driver—without passengers or competitors—deliberately competes against themselves, typically aiming to reach maximum speeds or to demonstrate their driving skills.
Solo racing is regarded as a distinct form of the prohibited motor vehicle race and is subject to strict criminal and regulatory legal provisions.
Criminal law assessment of solo racing
Section 315d StGB: Prohibited motor vehicle races
With Section 315d StGB, a specific criminal offense was created in 2017 that covers organizing, conducting, and participating in prohibited motor vehicle races. It is essential to understand that not only races involving multiple vehicles, but also the so-called “solo race” can be punishable.
Statutory elements of the offense
According to Section 315d paragraph 1 No. 3 StGB, drivers commit a criminal offense if they drive at an inappropriate speed, grossly in violation of traffic rules, and recklessly, in order to reach the maximum possible speed. This explicitly includes solo racing, where no other participant needs to be involved.
The objective elements include:
- Driving a vehicle on public roads,
- Inappropriate speed,
- Grossly traffic-violating and reckless behavior,
- Intention to reach the highest possible speed.
These elements of the offense are required cumulatively.
Differences from traditional racing
Whereas in a traditional race at least two vehicles are involved, solo racing is characterized by the absence of competitive elements. What matters is solely the offender’s intention to push their own vehicle to the limit, in particular by deliberately exceeding speed limits with disregard for other road users.
Sentencing and legal consequences of solo racing
In the case of solo racing, imprisonment of up to two years or a fine may be imposed under Section 315d paragraph 1 StGB. If solo racing leads to a concrete endangerment of people or property of significant value, the penalty increases to up to five years in prison according to Section 315d paragraph 2. If someone is seriously injured or killed as a result, the law provides for even higher penalties of up to ten years imprisonment (§ 315d paragraph 4 StGB).
In addition to criminal prosecution, administrative measures are regularly imposed, such as the revocation of the driver’s license and the imposition of a waiting period for reissuance, pursuant to Section 69 StGB.
Distinction from related offenses
Legislative intent
With the introduction of the criminal offense for solo racing, a gap in the previous regulatory and criminal law was closed. Previously, racing against oneself was usually only addressed as a regulatory offense under the Road Traffic Regulations (StVO) or Section 315c StGB (endangering road traffic), which did not sufficiently address the specific dangers posed by solo racing.
Comparison with regulatory offenses under the StVO
While traffic offenses such as speeding and dangerous driving maneuvers are punished as administrative offenses under the StVO, punishable solo racing differs due to the subjective component: it requires the specific intention to achieve the highest possible speed.
Requirements and evidentiary challenges
Subjective element: Intention
The central prerequisite for the existence of solo racing is provable intent to reach the highest possible speed. This distinguishes criminal solo racing from mere traffic violations.
In practice, evidence can be furnished by driving behavior, speedometer readings, witness statements, or evaluation of dashcam footage. Merely exceeding the permissible maximum speed is not sufficient.
Grossly traffic-violating and reckless
The driver’s behavior must have been grossly traffic-violating and reckless, meaning particularly serious and significantly deviating from the standard of care required in road traffic. Frequent lane changes in a dangerous manner or running red lights in connection with extremely high speeds may also serve as indicators.
Case law and interpretation
Decisions of German courts
The courts have repeatedly addressed the requirements for proving solo racing. The courts apply strict standards to the fulfillment of subjective elements of the offense. Merely driving at a high speed is not sufficient; there must be demonstrable targeted conduct aimed at maximum speed.
It is important to note that the relevant factor is not the individual driver’s ability, but utilizing the full technical capacity of the vehicle. Case law has also addressed various constellations, such as rapid, repeated acceleration at several traffic lights or on specific road sections.
Consequences under driving licensing law and administrative law
Revocation of driving license
Upon conviction for solo racing, the driver’s license is generally revoked under Section 69 StGB and a waiting period for obtaining a new license is imposed. The decisive factor here is the assumption of a character deficiency making the driver unsuitable for driving motor vehicles.
Entry in the fitness to drive register
Entries in the fitness to drive register (formerly the central traffic register) regularly lead, in the case of solo racing, to reaching or exceeding the threshold for license revocation.
Insurance law consequences
Exclusion of insurance coverage
Because a punishable solo race constitutes an intentional violation of insurance conditions, the motor vehicle liability insurer may be released from the obligation to pay compensation to the extent that the damage resulted from participation in a prohibited street race (Section 81 VVG). In comprehensive insurance, the insurer may be fully released from liability due to intentional causation of the insurance event.
Relevance in juvenile criminal law
Younger drivers are especially in the focus of authorities, as the propensity for risky driving behavior and participation in illegal street races is disproportionately high. In these cases, special sanctions and educational measures under the Juvenile Courts Act are regularly applied.
Prevention and traffic education
To prevent solo racing, special emphasis is placed on traffic education, enforcement measures, and technical and structural accident-prevention measures. The threat of penalties under Section 315d StGB is intended to have a deterrent effect and raise awareness of the dangers associated with public road traffic.
Summary and significance of solo racing in traffic law
Solo racing represents an independent and serious form of endangerment in road traffic, which has gained significant legal importance since the criminal law reform of 2017. The consistent prosecution by criminal courts, supplemented by administrative and insurance law consequences, reflects the particular danger posed by such conduct and has sustainably raised awareness of ‘speeding without competitors’ in public spaces.
Further reading and web links
- Section 315d StGB – Prohibited motor vehicle races
- Road Traffic Act (StVG)
- Insurance Contract Act (VVG)
- German Federal Court of Justice decisions on prohibited motor vehicle races
(This article provides a comprehensive legal overview of the term solo racing for a legal encyclopedia, taking into account all relevant aspects of German traffic and criminal law.)
Frequently asked questions
What penalties are threatened for participation in a solo race under German law?
Participation in a solo race—that is, a motor vehicle race with oneself on public roads—is criminally prosecuted in Germany under Section 315d paragraph 1 No. 3 of the Criminal Code (StGB). Penalties include up to two years in prison or a fine. In particularly serious cases, for example if the solo race endangers the life or limb of another person or property of significant value, the penalty may increase to up to five years’ imprisonment (Section 315d Abs. 5 StGB). In addition to these criminal consequences, administrative measures such as the temporary or permanent revocation of the driver’s license under Section 69 StGB and the imposition of a waiting period for reissuance are commonly considered. Furthermore, if the vehicle belongs to or is available to the offender, it is often proposed for confiscation (§ 74 StGB). Ancillary penalties such as points in the fitness to drive register (FAER) and the obligation to undergo a medical-psychological assessment (MPU) are also among the possible legal consequences of solo racing.
Is the driving license automatically revoked for every confirmed solo race?
No, the driver’s license is not automatically revoked for every confirmed solo race, but it is very likely in many cases. According to Section 69 paragraph 1 StGB, unsuitability to drive a motor vehicle is generally assumed when a person has committed an unlawful act, such as driving in a race in violation of Section 315d StGB. However, the court can make a decision in each individual case, but there is a strong legal presumption for revocation. Moreover, a waiting period for the reissuance of the driver’s license under Section 69a StGB is usually imposed. In particularly serious cases, such as with concrete endangerment of persons, revocation of the license is almost mandatory.
What evidence is required to legally establish a solo race?
To prove a solo race pursuant to Section 315d paragraph 1 No. 3 StGB, objective evidence is required showing that the driver traveled at an inappropriate speed and in a grossly traffic-violating and reckless manner to achieve the highest possible speed. This includes in particular video recordings, witness statements, police measurement methods (e.g. radar or laser measurements), and possibly the statements of the offender. In order to establish the subjective element—i.e., the intent and purpose of achieving the highest possible speed—circumstances such as abrupt acceleration, deliberate disregard of traffic regulations, risky overtaking, and similar behavior may be considered. The overall evidence must provide a complete picture both objectively (driving pattern and circumstances) and subjectively (motivation of the driver) to enable a conviction.
Are there differences in the criminal assessment between solo races and classic street races?
Yes, there are differences: while the classic street race (according to Section 315d paragraph 1 No. 2 StGB) typically requires a competition between multiple participants, for solo racing (Section 315d paragraph 1 No. 3 StGB), it is already sufficient for there to be targeted, reckless, and grossly traffic-violating driving at maximum possible speed on public roads—regardless of additional racers. However, the sentencing ranges for both offenses are identical, so in both cases up to two years (or up to five years in particularly serious cases) of imprisonment and the above-mentioned ancillary consequences may be imposed. The requirements for proving the subjective element—i.e., the intention to achieve the highest possible speed—are, however, particularly high in cases of solo racing.
How is the intention to reach the highest possible speed legally assessed?
The courts place particular emphasis on the subjective intent to achieve the highest possible speed. This means that it must be proven that the driver was not merely speeding but was consciously and deliberately seeking to test the limits of their vehicle and/or driving skills. Indicators may include sudden acceleration from a standstill, driving with spinning wheels, repeated lane changes without compelling reasons, or ignoring speed limits and other traffic rules. Simply exceeding the permissible maximum speed is not enough; there must be specific racing behavior directed at achieving the highest speed.
Can passengers or vehicle owners also be held liable for solo racing?
As a rule, criminal liability for solo racing attaches to the driver. Passengers can be held responsible in exceptional cases, for instance if they instigate (§ 26 StGB) or aid and abet (§ 27 StGB) the solo race. This requires specific, criminally relevant behavior, for example encouraging the race or providing special aids. Vehicle owners are only criminally liable if they knowingly enable or facilitate the solo racing (e.g., by allowing the use of the vehicle); otherwise, administrative or civil liability may apply, especially if the vehicle is used for the offense or later confiscated (§ 74 StGB).
What impact does a solo race have on insurance coverage?
A proven solo race typically results in the loss of insurance coverage. Both the motor vehicle liability insurance and any fully or partially comprehensive policies may deny coverage, since racing on public roads is considered grossly negligent and thus a breach of duty (§ 81 VVG) or an exclusion reason under the insurance terms. In the case of solo racing resulting in damage, the insurer may be freed from liability or may seek recourse for sums already paid. In the event of personal injury, the liability insurer remains obliged to compensate third parties, but the offender may face recourse claims of up to 5,000 euros.
