Frenzy: vehicle acceptance possible – salzburg.ORF.at
traffic
Constitutional experts believe vehicle inspections are possible in the event of extreme frenzy. This requirement comes mainly from the State of Salzburg. Now it is up to the federal government to implement it quickly, according to Schnöll Transport Authority (ÖVP).
The regional councils for transport in Salzburg and Carinthia see their demand confirmed by an expert report to confiscate vehicles from extreme speeders. Constitutional expert Peter Bußjäger comes to the conclusion that the acceptance of the car in the event of a massive speeding violation is constitutionally possible. The Salzburg Provincial Councilor Stefan Schnöll and his Carinthian college Sebastian Schuschnig (both ÖVP) are calling on the federal government to act quickly. Stefan Schnöll: “The constitutional basis is now clear, now the federal government must quickly provide the corresponding legal basis.”
Confiscation possible for up to one year
The two countries commissioned the constitutional report in the summer. Bußjäger’s expertise is now on the table. “A temporary seizure is in any case possible and constitutional in relation to the encroachment on fundamental rights and the principle of equality, and it is constitutional,” says the short version that is available to the APA. “The result of the audit shows that a temporary confiscation is possible for up to a year”, informed the two state councilors on Tuesday in a joint broadcast. This can also be done in the case of a first-time transgression. There is no need for a risk of relapse or repeated violations.
Confiscation on the spot by the police is possible
“If proportionality is maintained, even a step model from provisional seizure to forfeiture should in principle be possible,” explains the state councils. A temporary seizure of a leased vehicle and the seizure of a rented vehicle for the agreed period of use are also not a problem for the expert opinion from a constitutional point of view. A provisional and immediate seizure is possible after the arrest directly by the police officer. “The confiscation should be linked to the removal of the driver’s license,” says the report. In the event of serious violations of noise or other environmental protection regulations, a vehicle can also be confiscated for a limited period of time.
Higher penalties in force since September 1st
The Salzburg State Transport Authority Schnöll now hopes that the federal government will implement the second speeder package quickly. “The first step towards prevention has already been successful with the first tightening package for extreme speeders, and the new penalties have been applied since September 1st,” the regional council told the APA. However, additional measures are needed to bring about a lasting rethink in the face of ruthless frenzy. The Ministry of Transport had announced by the end of the year to examine and implement further tightenings for extreme frenzy. The question arose whether a seizure of the vehicle is constitutional.