Limitation for administrative offenses: when the fine comes too late

Administrative offenses become time-barred, often faster than one thinks. For many traffic violations the prosecution limitation is initially three months. However, if the period is interrupted by certain official acts (e.g. a hearing), it starts anew. A limitation that has occurred you can assert.

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The prosecution limitation for many administrative offenses (e.g. typical traffic offenses) is initially three months, as long as no fine notice has been issued (§ 26 StVG, § 31 OWiG). After that, the conduct can no longer be prosecuted.

The limitation is interrupted by certain measures (e.g. a hearing of the affected person, issuance of the fine notice) and then starts anew. So check carefully whether limitation has really occurred.

What you should do now

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1. Determine the time of the offense
Record the exact time of the incident, the period runs from then.
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2. Check for interruptions
Was there a hearing or other period-interrupting measures? These restart the period.
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3. Assert the limitation
If the period has expired and was not validly interrupted, assert the limitation in the objection.
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4. Keep the objection deadline
Against a fine notice you have only two weeks for the objection, raise the limitation there.

How to spot the scam

A fine notice comes very late without you ever having been heard.
You assume limitation, although a hearing interrupted the period.
The 2-week deadline for the objection threatens to pass.

Frequently asked questions

When does an administrative offense become time-barred?

For many administrative offenses, such as typical traffic violations, the prosecution limitation is initially three months, as long as no fine notice has been issued yet (§ 26 StVG, § 31 OWiG). After it expires, the conduct may no longer be prosecuted.

What interrupts the limitation?

Certain official measures, in particular the hearing of the affected person and the issuance of the fine notice. With the interruption the period begins to run anew. That is why not every late service is automatically time-barred.

How do I assert the limitation?

If a fine notice is issued and you consider limitation to have occurred, raise this in the objection, within two weeks of service. With access to the file it can be checked whether and when the period was validly interrupted.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.