Traffic control
Die Traffic control generally refers to measures taken by the police and other competent authorities to monitor and ensure compliance with traffic regulations in public road traffic. It is a central instrument for averting danger, serves to protect the general public, and aims to prevent, investigate, and sanction traffic violations.
Legal Foundations
Road Traffic Act (StVG)
The legal authority for conducting traffic controls is mainly found in the Road Traffic Act (StVG). Section 36 of the German Road Traffic Regulations (StVO) explicitly regulates that authorities may stop vehicle drivers for traffic checks. Further legal bases can be found in Sections 44 and 46 StVO as well as state police regulations.
General Police and Regulatory Law
In addition to the specific provisions of traffic law, the authority to conduct traffic controls also arises from the general regulatory and police law provisions of the federal states, for example, for averting danger within the meaning of Sections 3, 11, and 21 of the respective state police laws.
Objectives and Purposes of a Traffic Control
- Ensuring traffic safety: Checking the qualification and fitness of drivers as well as the roadworthiness of vehicles.
- Prevention and sanctioning of administrative offenses and criminal acts: Detection of traffic violations, especially speeding, driving under the influence of alcohol or drugs, not wearing a seat belt, use of mobile phones while driving, etc.
- Protection of third parties and hazard prevention: Traffic monitoring is intended to avert dangers to the general public.
- Identification and search measures: Establishing identity, searching for wanted persons, stolen vehicles, or other legally relevant matters.
Types of Traffic Control
Stop-and-check
The stop-and-check is the most common form of traffic control. In this process, a vehicle is signaled to stop by police officers in order to check the driver and the vehicle.
General traffic control
This takes place in a comprehensive, non-event-specific form. Here, the focus is on monitoring general roadworthiness and checking the required documents (driver’s license, vehicle registration certificate, proof of insurance).
Traffic monitoring using technical means
This includes stationary or mobile speed measurements, distance measurements, and red light monitoring, usually using radar, laser, or light barriers.
Suspicion-based control
In cases of concrete indications of a criminal act or administrative offense—such as unfitness to drive—a targeted check is carried out, often combined with further measures such as a breathalyzer or rapid drug tests.
Procedure and Scope of the Traffic Control
Stop signals and duties of road users
Police officers may give traffic signals and control traffic (§ 36 StVO). Vehicle drivers are required to stop immediately at stop signals (signal giver, baton, stop signal) and to comply with instructions.
Checked documents and items
As a rule, the following will be checked:
- Identification card or passport for identification purposes
- Driving license (Führerschein)
- Vehicle registration certificate Part I (Fahrzeugschein)
- Proof of insurance
- TÜV badge and general condition of the vehicle
- If applicable, Warning triangle, first-aid kit, safety vest
Check of fitness to drive
The officers check for any physical or mental impairments to fitness to drive, especially due to alcohol, drugs, medication, or fatigue. If there is suspicion, a breathalyzer or rapid drug test may be offered.
Rights and Obligations of the Parties Involved
Obligations of the driver
- Duty to cooperate: Drivers must present the requested documents and provide personal details.
- Independent statements regarding the allegation: The driver is not obliged to comment on the allegation (right to remain silent, Section 136 StPO analogous in administrative offense proceedings).
- Tolerance of other measures: Visual inspection of the vehicle, general questions about the trip.
Rights of the driver
- Silence: No obligation to make statements about the course of events (especially if a fine or criminal proceedings are pending).
- Refusal of tests: A breathalyzer or rapid drug test can generally be refused; however, the police may order a blood sample if there is justified suspicion (§ 81a StPO).
Rights and limits of police measures
The police may check the driver and visually inspect the vehicle. Searches of the vehicle are permitted in case of imminent danger or by court order (§§ 102, 103 StPO or state police laws). However, measures must not be disproportionate.
Special Situations
Traffic control at night or outside of towns
At night or in remote areas, special caution is required; uniformed officers must clearly identify themselves and, if necessary, stop you with illuminated signs such as “Stop Polizei” or blue lights. In individual cases, the person concerned may request to have the control carried out at a busy or well-lit place.
Traffic monitoring for commercial road users
For commercial drivers (e.g., freight, passenger transport), further obligations must be observed, such as carrying and presenting logbooks, records of working hours, permits, etc.
Sanctions and Legal Consequences
Anyone who violates regulations during a traffic control or cannot present the required documents must expect
- warning fine
- administrative fine
- driving ban
- points in the driver suitability register (FAER)
- In particularly severe cases: criminal charges, e.g., for drunk driving (Section 316 StGB)
.
Legal protection during traffic controls
Legal remedies can be lodged against police measures in the context of traffic control, in particular under Section 28 VwVfG (hearing), in objection proceedings, or—in the context of administrative fine and criminal proceedings—through court proceedings before the competent courts.
Data protection and data processing
In the context of traffic controls, personal data is processed and stored in accordance with the General Data Protection Regulation (DSGVO) and police regulations. The rights of data subjects, such as the right to information and deletion, are governed by Sections 48ff. BDSG as well as the data protection regulations of the federal states.
References and further information
- German Road Traffic Regulations (StVO)
- Road Traffic Act (StVG)
- Administrative Offenses Act (OWiG)
- Code of Criminal Procedure (StPO)
- State police laws
- General Data Protection Regulation (DSGVO)
Conclusion: Traffic control is an important element of road safety and hazard prevention. It is subject to clear legal requirements that regulate the rights and obligations of all parties involved. Road users are obliged to cooperate with controls, but may exercise certain rights—particularly the right to remain silent and the right to informational self-determination. Legally compliant behavior on both sides ensures a safe and orderly conduct of the traffic control.
Frequently Asked Questions
Which documents must I present during a traffic control?
During a traffic control, drivers are required pursuant to Section 11 (6) of the Driving License Ordinance (FeV) and Section 4 (2) of the Vehicle Registration Ordinance (FZV) to present their original driver’s license and registration certificate Part I (formerly: Fahrzeugschein). The obligation to carry and hand over these documents serves to verify whether the driver is authorized to operate the vehicle and whether the vehicle is properly registered and insured. Failure to carry the necessary documents may result in a warning fine. Copies, scanned printouts, or digital photos are not sufficient. In addition, if there are doubts as to the authenticity of the documents, the police may temporarily retain them for verification.
Do I have to consent to a search of my vehicle?
A vehicle search during a traffic control is only permitted under certain legal conditions. As a rule, the police may search the vehicle if there is concrete suspicion of a criminal offense (§ 102 StPO), an initial suspicion of an administrative offense, the search is necessary to prevent danger (§ 36 (5) StVO), or if certain dangerous situations are suspected in the context of general traffic checks. However, there is no general right of search. The driver is not obliged to consent to the search; if consent is refused, the police must document the process and, if applicable, obtain a court order, unless there is “imminent danger”.
What should I consider if asked to take an alcohol or drug test?
A so-called breath alcohol or rapid drug test may only be carried out on a voluntary basis in Germany. An obligation arises only if there are concrete indications of alcohol or drug consumption that justify a blood sample (§ 81a StPO). Voluntary participation in a breathalyzer test or rapid urine test can be refused by the person concerned at any time. In the event of refusal, however, the police may, with justified suspicion, order a blood sample to be taken—even without a court order in urgent cases (§ 81a (2) StPO). Refusing the test is not a criminal offense but may be considered as a further indication of suspicion.
Are statements to the police mandatory?
In principle, the right to refuse to give evidence applies to the police (§ 136 StPO). The driver is only required to provide information about their identity (name, address, date of birth, etc., pursuant to § 111 OWiG). Information about the matter itself, such as driving behavior or possible violations of the law, does not have to be given. The police are required to inform the person concerned of their rights when recording personal data. Silence must not be construed to their disadvantage or lead to an additional penalty.
What are the legal consequences if I refuse to comply with police instructions?
If a driver refuses to hand over papers or does not comply with other lawful orders of the police, this can be classified as an administrative offence under Section 111 OWiG (failure to cooperate in establishing identity) or, in case of resistance, as a criminal offense under Section 113 StGB (“resistance against enforcement officers”). The consequences range from warning fines to imprisonment, depending on the severity and aggressiveness of the behavior. The police are then also authorized to use direct force to enforce their measures (§§ 3 ff. UZwG).
Are police officers allowed to check the driver’s mobile phone?
A targeted search and check of the mobile phone requires a court order according to § 102 StPO (search for evidentiary purposes), unless there is “imminent danger.” In routine traffic controls, checking the phone (e.g., to see if it was used while driving) is generally not permitted unless there is a specific initial suspicion. Only external indications (e.g., holder, active screen) may be documented. Voluntary surrender of the device is not mandatory.
What happens if I refuse or flee from a traffic control without reason?
Failing to stop at a traffic control constitutes an administrative offense under Section 36 StVO and can be punished with a fine, points in Flensburg, and a driving ban. In the event of a dangerous escape or deliberate ignoring of stop signals, the criminal offenses of Section 113 StGB (“resistance against enforcement officers”) or Section 315c StGB (“endangering road traffic”) may be met, depending on the severity. This can result in significant prison or monetary penalties, as well as the immediate temporary seizure of the vehicle.
