Exceeding the speed limit while overtaking remains a risky and expensive undertaking. The provisions of the road traffic regulations also apply fully when overtaking and sanctions leave little scope for exceptions.
Legal starting point
The road traffic regulations (StVO) stipulate that the maximum permissible speed must also be adhered to when overtaking. There is no special rule in the StVO that allows short-term exceeding in the context of an overtaking maneuver. An overtaking maneuver may only begin if it is actually possible to adhere to the speed limit. Furthermore, the person overtaking must be traveling at a significantly higher speed than the vehicle in front. However, the maximum permissible speed must not be exceeded.
Safety and planning when overtaking
Safe overtaking can be a challenging task. The overtaking person needs a sufficiently long route and must clearly assess the traffic situation before the maneuver is initiated. Especially on country roads, more than 500 meters are often required to overtake at 100 km/h compared to 80 km/h. If you cannot see this distance safely and cannot adhere to the speed limit, you should avoid the maneuver.
Sanctions and risks in the event of violations
According to Bussgeldkatalog.org, violations of these regulations lead to the usual sanctions. A violation when overtaking has the same consequences as speeding in other situations: This ranges from fines to points to driving bans in serious cases. Case law emphasizes that the requirements of care, overview and respect for speed limits apply without restriction even when overtaking.
Paul SchĂĽtte, editorial team at finanzen.net
