Questions and answers/FAQ of the Central Fines Office

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Inspection of files

In the context of fine proceedings, you yourself or the lawyer you have appointed as your defense counsel have the right to inspect the fine file.

You can only inspect the file yourself under supervision in the offices of the Central Fines Office and by prior appointment. This is free of charge for you.

Upon request, the defense lawyer commissioned by you will be sent the fine file to his offices for inspection. A flat-rate fee of EUR 12.00 will be charged for this (Section 107 (5) of the Administrative Offenses Act).

Fees and expenses

The issuing of a fine is subject to a fee. The fee is based on the amount of the fine. It amounts to 5% of the fine, but at least 25 euros (Section 107 (1) of the Administrative Offenses Act).

Disbursements are costs incurred in the fine proceedings that are to be borne by the person concerned in accordance with the Administrative Offenses Act. These include the costs of serving the fine notice by means of a certificate of service in the amount of EUR 3.50.

There are no fees and expenses for the warning fine offer.

Objection

As the person affected, you have the right to lodge an objection within two weeks of receiving the fine notice.

You can lodge the objection in writing or for the record with the Gera city administration.

It is not permitted to lodge an objection by e-mail.

In the case of a written objection, the deadline is only met if the objection is received before the deadline expires.

The objection can be lodged by you as the person affected by the proceedings, your chosen defence lawyer or another authorized person. It must be written in German. Proof of authorization must be provided by you.

You can limit the objection to certain points (e.g. the amount of the fine or the driving ban).

After lodging an objection, a decision that is less favorable to you may also be made.

If we uphold the fine notice following an objection, we will send the files to the competent district court via the public prosecutor's office (Section 69 (3) of the German Administrative Offenses Act).

Withdrawal of the objection

The objection to the fine notice can be irrevocably withdrawn at any time until a court decision is issued. A declaration is required for this.

Sample declaration:

Declaration of withdrawal of the objection:
I withdraw my objection to the fine notice of XXX, ref. 3213.XXX, submitted in my letter of XXX.

Date Signature

Payment facilities (installment payments/deferred payments)

If you are unable to pay the total amount specified in the fine notice (fine + fee/disbursement) immediately, we can allow you to pay the total amount in certain installments or at a later date upon request.

Once payment in installments has been granted, please note that the discount will lapse if a partial amount is not paid on time.

No payment concessions are offered for warning fine offers (up to EUR 55.00).

For technical reasons, the minimum amount for payment in installments is EUR 10.00.

(Prosecution) limitation period

Not all administrative offenses expire after 3 months.

Section 31 (2) of the Administrative Offenses Act regulates the general (prosecution) limitation periods. These are determined by the maximum amount of the fine that the law stipulates for the respective administrative offense. There are also special statutory limitation periods (e.g. Section 26 (3) of the Road Traffic Act).

In addition, Section 33 (1) of the Administrative Offenses Act provides for various circumstances that interrupt the (prosecution) limitation period.

After each interruption, the (prosecution) limitation period begins anew.

The (prosecution) limitation period must therefore be considered separately for each case.

Driving ban

The driving ban generally comes into effect when the fine becomes legally binding and must be served immediately (Section 25 (2) of the Road Traffic Act).

Only if a driving ban has not already been imposed on you in the two years prior to the speeding offense can we stipulate that the driving ban only becomes effective after four months have elapsed since the fine became legally binding (Section 25 (2a) of the Road Traffic Act).

Therefore, please note exactly which order was made in the fine notice.

Handing in the driver's license
You can either hand it in at the Gera City Council, Central Fines Office, Wiesestraße 125, 07548 Gera, or send it by post (we recommend sending it by registered mail).

Multiple driving bans
If several driving bans are legally imposed, the ban periods must be calculated consecutively. The ban period based on the driving ban that took effect earlier shall run first. If driving bans take effect at the same time, the ban period based on the previously imposed driving ban runs first; in the case of simultaneous bans, the earlier offense is decisive (Section 25 (2b) of the Road Traffic Act).

Non-possession of a driving license
If you are currently not in possession of your driving license, e.g. due to loss or confiscation in criminal investigation proceedings, please inform us immediately in your own interest and to avoid enforcement measures.

Catalog of facts

On the website of the Federal Motor Transport Authority you will find the current version of the Federal Uniform Catalog of Offenses.

Information from the driving aptitude register (number of points)

You can view your entries in the driving aptitude register ("traffic offender file") quickly, digitally and free of charge on the website of the Federal Motor Transport Authority.

Warning fine offer

We can offer you a warning fine of up to EUR 55.00 for minor offenses. No additional costs will be charged for the warning.
The warning becomes effective if you agree to it and pay the fine in full within one week.

If the fine is not paid on time, a fine notice will be issued. This is associated with further costs.

Please note that other offices of the Gera city administration also offer warning fines. Their bank details must then be used.

I have received a letter

Do I have to reply to the letter?
Basically: Yes.
Exception: If the letter is an offer of a warning fine of up to EUR 55.00, the proceedings can be brought to a conclusion by paying the amount offered.

I have received the same letter before?
Sometimes you seem to receive the same letter twice. However, the second letter is usually a hearing.

The first letter was a driver investigation (e.g. in the form of a witness examination). This is sent to the owner of a vehicle if he or she was obviously not driving the vehicle himself or herself (deviation due to age or gender) or if a company is the owner of the vehicle.

In the response to the driver investigation, you then stated that you were driving. We are also legally obliged to send you a hearing in these cases.

Why does the letter not contain any amount or bank details?
This is a hearing or witness hearing/driver determination for an administrative offense that results in the imposition of a fine of at least EUR 60.00 and possibly a driving ban.
These letters give you the opportunity to comment on the accusation or to inform us of the perpetrator of the offense (e.g. the driver of the vehicle at the time of the offense).

In the event of a hearing, you are free to comment on the matter. However, it may be useful to make a statement.

Notification of an administrative offense

If you wish to report an administrative offense, please use the forum templates and follow the instructions given therein.

Please note that your report does not constitute an application to initiate proceedings for a fine. It is merely a suggestion to initiate fine proceedings.

As the person making the report, you are also a witness to the offense. Due to legal requirements, you will therefore be mentioned by name and address from the time proceedings are initiated.