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Passengers may disregard traffic signs
A passenger is generally not obliged to pay attention to traffic signs. In particular, he is not obliged to change drivers after a priori…Ge signage to inquire about the no-overtaking ban
Source: picture-alliance / blickwinkel / M
After a driver change, it is nice if the replaced driver informs the replacing driver that overtaking is prohibited. But there is no obligation. This is confirmed by a new judgment.
W.How fast can I drive here? This is the question that drivers often ask themselves when they drive on after a break from a parking lot. Often, however, a break is also used to change drivers.
If there are no signs indicating speed limits and other prohibitions immediately after driving on, the road user is quite lost. Does the new driver have to be instructed before driving off?
No. A current court ruling by the Higher Regional Court (OLG) Hamm states that when changing drivers, the new driver does not generally have to inquire about previous traffic signs. Likewise, passengers are not obliged to pay attention to traffic signs.
Fine for negligent non-compliance
The specific case looked like this: A married couple with a child was driving on the country road, the woman was behind the wheel. After a short rest in a parking lot, the woman sat down in the back seat next to the child.
The man drove on and passed another road user on the country road. He did not know that no overtaking was displayed in front of the entrance to the parking lot.
But he should have known. This was the opinion of the Olpe District Court, which sentenced the man to a fine of 87.50 euros for “negligent non-compliance with the ordered overtaking ban”.
OLG cancels judgment
The district court justified its decision with the fact that the person concerned should have inquired about the currently applicable traffic regulations when changing drivers. Therefore, he is to be accused of negligent behavior.
The OLG Hamm overturned the judgment and referred the case back to the local court. Since the future driver was not previously a road user as a passenger, he was not obliged to pay attention to the traffic signs.
There is no legal basis for an obligation to inquire about any special traffic regulations that may exist. In addition, if they were requested, there is no guarantee that the information received is correct; which in turn could lead to the fact that the driver is less attentive to the information when he trusts it. (Ref .: 1 RBs 89/14)
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