With the onset of winter, additional dangers arise on Germany’s roads. Snowfall and slippery conditions not only require increased attention from road users, they also make it more difficult to recognize and comply with applicable traffic rules. The following rules apply to snow-covered traffic signs.
Winter: Increased risk in road traffic
During the cold season, there is more ice and snow to be expected on Germany’s roads, so drivers should take extra caution. Not only slippery conditions and difficult visibility can pose a safety risk, but also road signs obscured by snow.
If these are no longer easily recognizable, drivers run the risk of violating the applicable road traffic regulations, which can be expensive in some cases.
What legal basis applies and whether an objection – against a possible fine – is likely to be successful if the traffic sign was not recognizable is explained below.
This principle applies to snow-covered traffic signs
As the ADAC explains, road signs must be clearly visible to drivers so that they can be recognized even with a quick glance. This follows from the principle of visibility of traffic signs. This principle also applies if the road sign is so covered in snow or dirty that it can no longer be easily and clearly recognized by road users. In such a case, a snow-covered street sign can no longer be observed.
But be careful! – This does not give permission to disregard any traffic sign that is covered in snow or dirty, because a street sign that is not clearly recognizable retains its effect even if it can still be identified by the road user due to its shape. In particular, stop signs and “give way” signs can still be seen even when they are dirty or covered in snow.
However, if round restriction and prohibition signs are no longer visible, they lose their effect. The same applies to triangular danger signs. Accordingly, for example, violations of the maximum permitted speed can be excused if necessary.
However, anyone who is familiar with the area and commits a violation under these circumstances must expect the usual consequences. Here it is expected that the local person would have to be familiar with the traffic regulations that apply due to the fact that they regularly drive on the route.
If a road user falls into a speed trap due to the invisibility of a traffic sign, the burden of proof lies with the driver. The person must be able to credibly convey that a sign was not recognizable to him. The ADAC recommends having a weather report prepared by the German Weather Service, as this could help with an objection.
The license plate must be legible
In winter, however, not only the traffic signs but also the vehicles themselves become covered in snow, meaning that parking discs, residents’ parking permits or parking tickets can no longer be recognized during traffic police checks. In such a case, no fines can be imposed because the respective parking permits must be clearly visible – ideally placed on the fitting behind the windshield – but the vehicle owner is not responsible for ensuring that the window is clear of snow.
The situation is different for the license plate of the vehicle while driving. This must be clearly visible even in winter. If it is dirty, icy or covered in snow, the driver must scrape or clean it before putting it into operation.
If he doesn’t do this and is caught, he will be given a warning of five euros.
Henry Ely / editorial team finanzen.net