A 28-year-old man, whose car was initially confiscated on March 3rd on the Hernalser Gurtel in Vienna-Josefstadt because of his rapid driving style, has now gotten it back.
According to the police, the driver did not meet the requirements for official seizure. According to the police, the man drove his car in the 50 km/h zone at a speed of 114 km/h minus the measuring tolerance. Due to massively exceeding the maximum speed limit, the 28-year-old driver’s driver’s license was temporarily revoked. Since speeds of more than 60 km/h were found to be exceeding the speed limit in the local area, the car was temporarily confiscated in accordance with Section 99a of the Road Traffic Act. The driver is also said to have seriously endangered road safety by driving close to other vehicles and abruptly changing lanes.
Certain requirements must be met
However, the official acceptance with a notice in accordance with Section 99b of the StVO did not take place because certain requirements must be met for this to happen. This only happens if it has been determined using technical means that the driver has exceeded the maximum permitted speed in the local area by more than 60 km/h or outside the local area by more than 70 km/h and also the driver The driving license has been revoked within the last four years due to violations under Section 7 of the Road Traffic Act or due to Section 4 of the Driving License Act. The official approval also takes place if there have been massive speeding violations, namely if the maximum permitted speed has been exceeded by more than 80 km/h in the local area or by more than 90 km/h outside the local area, emphasized the Vienna police.
Car already sold
Since the man exceeded the speed of more than 60 km/h in the local area and his driver’s license was not recently taken away, the car was returned to him. According to a daily newspaper, he retrieved his vehicle on Monday. A lawyer pointed out to him that he might pick up the car once more following 14 days. According to the police, the provisional confiscation expires as soon as the authority orders the final confiscation with a notice, otherwise a maximum of two weeks following the report has been submitted to the authority. According to the report, the 28-year-old has already sold his car once more.
If the vehicle with which the speeder was caught belongs to someone else or is a leased or rental car, then it cannot be declared forfeited. However, a lifelong driving ban for the respective vehicle should be entered in the respective vehicle documents for the speeder. However, the temporary confiscation of the car for two weeks, which is ordered by the officers on the spot, also applies to these cases.
