Traffic stop

A traffic control may by law enforcement officials in the public road anytime, anywhere, and are carried out independently at each event road users. This affects all road users, mostly it involves vehicles, the parent term is therefore tactical control of the vehicle. The combination of traffic control and vehicle control is therefore the most common. The traffic control is the legal term, the vehicle control is the tactical, internal concept of police.

In Germany is the basis for this § 36 para 5 Road Traffic Regulations ( Highway Code, no police powers ). , In Austria the Road Traffic Act 1960 to include traffic control, control of the vehicle, the control of the driving and traffic surveys. The sign of stopping may, inter alia, by responding, gestures, by appropriate technical facilities at the emergency vehicle ( stop signal generator ), a Winkerkelle or a red light will be given. With these characters, a traveling ahead road users can be stopped. Since 2005, the acoustic Yelp signal is used as a test in Germany.

The compliance of the assembly is a self- sites of control by holding. The road users have to wait until the officers perform traffic control also an appropriate time. Failure to do so represents in Germany a traffic offense dar.

After the administrative regulation for road traffic regulations (road traffic law ) ( without suspicion ) traffic controls may be carried out by law enforcement officials who are recognized as such or their vehicle is recognizable as a police vehicle. This does not apply in the prosecution of offenses or crimes.

Content

A traffic control may extend to the review of the road user and the vehicle led by him.

Driver

When a driver driving ability of the driver can be checked (for driving school vehicles also the handlebars), mainly to include the influence of intoxicating substances. Furthermore, the driver can also be tested for physical defects such as illness, disability or fatigue.

Is he required to carry warrants including requirements and restrictions, including those of a control may be subjected; this also applies to driver's licenses, passenger tickets, driving instructors and inland navigation certificates and bills. The driving and rest times ( tachograph) and the EC recording equipment also can be checked during an inspection of the social rules in road transport by taking the tachograph.

In addition to these Mitführ and behavioral obligations of a driver or other obligations to cooperate. It is permissible when officials ask the driver to get off at a control. A refusal can (128 Bußgeldkatalog Regulation ruleset 20 €, No ) be prosecuted as misdemeanor. Participation in an alcohol test ( "bubbles" ) or a drug test is voluntary. There is, however, perform a blood sample at the driver against its will the opportunity for a reasonable suspicion of a criminal offense (eg dangerous driving, § 315c StGB). This has previously ( in the alternative ) are ordered by a prosecutor or a judge. To carry out the driver can be spent in a hospital or to the police station; for refusal is the enforcement, and usually the provisional arrest associated admissible. The initial suspicion may be provided for example by flashy driving or speech, enlarged pupils, odor of alcohol and the like. The blood is a measure pursuant to § 81a Criminal Procedure Code and not after road traffic law and is only pursuing a criminal or administrative offense.

Vehicle

At the traffic control of a vehicle may, in particular the state, including road safety, are reviewed. These include the vehicle lights and other lighting equipment, the tread depth of the tires, sharp or protruding outline of the vehicle as well as other modifications or damage.

A control of the conformity of the entries in the vehicle registration certificate with the vehicle technology is possible, including a drop - in or attached parts, modifications ( car customization ). Furthermore, the loading, cargo securing and the number of passengers in the vehicle can be checked.

Likewise, equipment to be carried objects can be visually observed, these include fire extinguishers in buses and coaches, warning triangle, first aid material, ground obstacle lamp and other items. Also a correct toll payment can be controlled.

Belonging to the vehicle documents such as the " registration papers " ( registration certificate part I, commonly known as " car registration ", add acknowledgments) and others may be reviewed subject. Furthermore, the authenticity of the documents and their manhunt checks of individual numbers often a part of the control.

Legal basis of the traffic control

Applicable provisions include the Highway Code, the driving license regulations, the Insurance Act, the Motor Vehicle Tax Act, the Tax Code, the Road Traffic Licensing Regulations, the Vehicle Registration Regulation, the Regulation on international motor vehicle traffic, the Passenger Transport Act and the BOKraft.

Special controls are the social rules in road transport, which do not belong to the traffic controls after the Highway Code. These inspections may be carried out by other authorities, for example through customs and the Federal Office for Goods Transport.

To measures of police law, the offense of criminal law and law can connect (or vice versa) at a traffic stop.