Points trading is booming: speeders legally avoid driving bans!

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In Flensburg, drivers face high fines and driving bans. Commercial points trading uses loopholes in the law – ADAC calls for reforms.

In Flensburg drohen Autofahrern hohe Bußgelder und Fahrverbote. Gewerblicher Punktehandel nutzt Gesetzeslücken – ADAC fordert Reformen.
In Flensburg, drivers face high fines and driving bans. Commercial points trading uses loopholes in the law – ADAC calls for reforms.

Points trading is booming: speeders legally avoid driving bans!

For many, the motorway is a place of freedom and driving pleasure. But what happens when this freedom turns into a crime? Recently, a driver was caught speeding at 95 km/h in a place where only 50 km/h is allowed. He faces a fine of 400 euros, a month's driving ban and two points in Flensburg, which puts him in an extremely precarious situation because he relies on his car for work. In a desperate attempt to save his job, he contacted a commercial points dealer who offered to take over the points for 1,378.50 euros. According to a report in the Schwäbische Zeitung, many traffic offenders use this legal loophole to avoid driving bans and the threat of accumulating points.

Points traders are not isolated cases. They searched a database for people willing to take the points. A decision by the Stuttgart Higher Regional Court in 2017 made it clear that self-incrimination of this type is not a criminal offense. At least 25% of drivers know about these offers, but a full 72% of those surveyed reject points trading. This is a clear sign that there is great resistance to these practices. The ADAC has therefore called for a change in the law to close the gap in points trading.

The ADAC and the dangers of points trading

The ADAC sees points trading practices as a serious threat to road safety. Serious traffic violations lead to entries in the Flensburg points register. If you get eight points, your driving license will be revoked, and while many drivers fear the legal consequences, there are also those who would willingly involve 50% of drivers with points in the points trade if they did not have to fear any legal consequences. A look at the survey results shows that 72% of those surveyed support punishing commercial points trading.

But what does the legislature do? The Federal Ministry of Transport has already presented a draft law that would ban commercial points trading. Planned penalties for violations should be up to 30,000 euros. Transport Minister Winfried Hermann supports this measure and would like to see strict action against traffic hooligans. At the same time, the authorities complain that they lack sufficient staff to effectively combat the practical problems of the fine system.

The future of points trading

Lawyers agree that current points trading, which often takes place via online providers, is actually punishable. It is noted that road safety is at risk when repeat offenders are able to drive unhindered. Professor Peter König, a former judge at the Federal Court of Justice, has called for legal sanctions to put a stop to this. Despite these calls, it is to be hoped that the legislature will take action soon, because road safety should always have the highest priority.

It remains to be seen whether the planned measures will come into force and whether artificial intelligence can help to better identify traffic offenders in the future. But one thing is certain: the debate over points trading will continue for a long time, and the highway to freedom could soon be shaped differently.