417 km/h on the highway
After a crazy Bugatti race: Even without a speed limit, not everything is allowed
Bit projects Billionaire races with 417 km/h over the A2
Site expert Michael Winter
A Czech millionaire tests his Bugatti on a German motorway – with 417 km/h. And he brags it on YouTube. Now the authorities are investigating, although there was no speed limit on the route. Traffic law expert Michael Winter explains why.
A sports car pilot tested the top speed of its Bugatti Chiron on a German motorway and apparently also reached-it was on the move with up to 417 km/h. What does such behavior mean in the field of criminal and civil law? Let’s bring light into the dark.
Bugatti driver drove illegal races against himself
In my opinion, criminal law is rightly determined against the event of an illegal motor vehicle race (§ 315d StGB).Such a race is also possible without a "opponent", so someone at a non -adapted pace as well as grossly violent and ruthlessly moved, To achieve the highest possible speed.
Here a German foreigner explains what you can really do on the highway
Site Here a German foreigner explains what you can really do on the highway
A gross traffic offense can result solely from massive speed overrun or accompanying other traffic violations that stand in an inner connection with the un adapted speed.In addition to the gross traffic offenses, the behavior of a driver must also be ruthless in the sense of the law – here the following applies:
- Ruthlessly acts if you are selfish or indifferent to the possible consequences of your behavior, without any hesitation, without any hesitation, without any hesitation, without any hesitation.
- As a result, it must not only be mere thoughtlessness or gross negligence, but in addition, the behavior of the perpetrator must be able to be classified as extremely reprehensible; Ruthlessness should only be accepted in the event of serious violations of the traffic guild if one has to speak of an incomprehensible negligence.
About the expert
Attorney Michael Winter studied Jura in Tubingen and has been working in traffic law since 1989. As a lecturer at the Baden-Wurttemberg University of Applied Sciences, his experience also conveys in the scientific field. The company “WHW Seminar & Service” he founded has been training a four -digit number of road users under the company motto since 2001 through interactive seminars: “Knowledge helps” in the areas of “traffic safety and traffic law”. Since the beginning of the diesel scandals, Winter has also been complaining to several German automobile manufacturers together with its cooperation partners, including Volkswagen.Click here for the site expert world
Anyone who undertakes such a trip with disregarding all security aspects and then also prepared sensational affinity on YouTube, undoubtedly has an exaggerated self.E. not the necessary traffic guild.The case law continues: The act of crime must also be supported by the intention of a perpetrator "in the sense of excessive interior tendency" to achieve maximum speed under specific, situational circumstances, according to his ideas on a not completely insignificant distance. This intention does not even need to be the final goal or the main movement of his actions – it is sufficient that a perpetrator strives for this as a intermediate goal (BGH, decision of 17.02.2021 – 4 StR 225/20 Rn 16).
No more chance for racers
Site/Wochit No more chance for racers
Bugatti pilot did not stick to lanes
Among other things, the fact that the racer (as can be seen on the video at any time) does not necessarily comply with a lane and (minute 1, for example, is grossly contrary to traffic.36 of the video, speed 377 km/h) completes an overtaking process without changing lanes, drives up to a top on the middle lane (minute 1.44, speed 396 km/h) as well as two vehicles after a driveway at a speed of 410 km/h (minute 1.58).Its speed is absolutely unadjusted because for other road users who, for example, start to overtake, cannot even be assessed in the beginning.Already at a speed of 360 km/h, the path covered in one second is 100 meters!According to the threading school scholarly scheduled in the driving school, the braking distance would be almost 1.7 kilometers – in practice it is not possible to imagine that (regardless of the material they may also consist of) the brake discs enable a full brake from this pace at all.
1.7 kilometers of braking distance
Last but ad not least in the Road Traffic Regulations also says: If you run a vehicle, you can only drive so quickly that the vehicle is constantly mastered. At the pace mentioned, even an absolute full professional would have difficulty proving a vehicle control – a rich layperson is only a passenger to this area. Philipp Amthor loses a driver’s license against Amthor: Traffic law expert explains when fines can be attacked
Quick drivers do not always guilt automatically – individual case crucial
Now, of course, high -speed drivers do not usually drive 400 km/h, but maybe 180 or 220 km/h. There is no speed limit in Germany, but the ruling speed regulation. This means that you should actually stick to a maximum speed of 130 km/h on motorways.While in earlier years, courts in cases in which a quick driver rose to an inattentive lane changer always went from a faster’s faster, a differentiation must be made these days.
- Finally, the Higher Regional Court of Hamm in a decision of 06.02.2018 (AZ.: 7 U 39/17) relativized.
- According to the Senate, the exceeding of the motorway speed speeds, unless exceeded the permissible maximum speed, not necessarily to a co -liability.
- One must always look at the circumstances of the individual case and not always refer to the case law of the BGH from the 1990s.
- In the case of the OLG Hamm it was found that a car driver suddenly got on the left lane with his car, on which the quick driver approached.
- So no deliberate change of lane had been carried out here – the culprit road user had also not observed the subsequent traffic.
- He had been completely surprised by the collision and – and this is an essential aspect – not misjudged with regard to the speed of the quick driver, but did not notice his approach at all.
The situation is different if someone before changing the lane on the highway, observes their obligation to consider and cannot assess the speed of the approaching quick driver. Here we come back to the Bugatti case: There is no question that this assessment at 417 km/h for nobody is possible.By the way: If the driver had a driver’s license issued by a German driver’s license office, the authority could certainly doubt whether it is suitable for driving motor vehicles and try to take suitable review measures.
It should therefore be noted that this trip, which has been called on YouTube over five million times, is an act that (hopefully) leads to criminal consequences.
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