Right now interfere in the holiday season not only the inevitable construction sites on highway traffic flow, but also often trucks that come not go away together. OLG Hamm has the concept of "much higher speed," is in § 5 para 2 sentence 2 StVO mentioned as a prerequisite for a passing maneuver, in a decision of 29.10.2008 - 4 OWi Ss 629/08 - clearly defined and a rule set: After that is a passing maneuver, which lasts a maximum of 45 seconds to play with the Scheme. A speed differential between vehicles of less than 10 km / h or a duration of the overtaking of more than 45 seconds, which led to a two-lane highway to a significant interference with other road users, are a violation of § 5 para 2 sentence 2 the rules and therefore will be punished by a fine. It should be noted that the essential criterion is unduly obstructing traffic flow for the imposition of a fine. Is this not achieved (eg at night or on an empty highway at three-lane highway) is, no offense.
also OLG Zweibrücken (decision of 16.11.2009 - 1 45/09 SSRs) has a speed difference of at least 10 km / h between the passing maneuver on the vehicles involved have to be sufficient to assume a much higher rate of overtaking.
These decisions are not only for the passing of trucks, but they can also be used for overtaking of cars with trailers.
also OLG Zweibrücken (decision of 16.11.2009 - 1 45/09 SSRs) has a speed difference of at least 10 km / h between the passing maneuver on the vehicles involved have to be sufficient to assume a much higher rate of overtaking.
These decisions are not only for the passing of trucks, but they can also be used for overtaking of cars with trailers.
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