Confiscations

Styrian speeders get their cars back

It's all about the speeders.

(Bild: adimas - stock.adobe.com)

Since March 1, the Styrian StVO amendment has been in force, which allows the authorities to confiscate speeding cars and auction them off if necessary. But can a confiscated vehicle actually be sold? The "Krone" asked the police and district authorities.

Two speeding cars have already been taken out of circulation on Styrian roads - both times in the district of Leoben, and in both cases the cars have since been released again. "The reasons were not sufficient for a permanent confiscation," says Markus Kraxner, the responsible district governor of Leoben. But when is there a threat of confiscation?

"According to Section 99a of the Austrian Road Traffic Act (STVO), the police must exceed the speed limit by more than 60 km/h in the local area or by more than 70 km/h outside the local area," explains Markus Lamb, spokesman for the Styrian Provincial Police Directorate. And: "The speeding must be determined using technical aids."

The driver of the first car confiscated in Styria said that he did not know how fast he was actually driving.

Markus Lamb, Sprecher der steirischen Polizei

Bild: LPD Steiermark/Makowecz

When is the vehicle at risk of being forfeited?

If the speed limit is exceeded by more than 80 km/h in the local area or by more than 90 km/h outside the local area, there is a risk of forfeiture - i.e. permanent confiscation of the vehicle. Incidentally, this applies to the first offense of this type. The same applies to repeat offenders - for example, if the driving license has already been revoked by the authorities in the past four years.

Who is responsible for the possible removal of the car on site?

"If the requirements are met, the police will request a provisional confiscation from the responsible district administrative authority," says Lamb. The authority is responsible for the removal or towing away.

How does the authority then proceed?

"Once the police have confiscated the car, we have to decide within 14 days whether to order the confiscation with a decision," says the district governor of Murau, Florian Waldner. The car remains in the possession of the authorities until then. However, it can take months before it is actually forfeited, as it can be combated.

It is certainly a good option for general prevention, especially with regard to the many unconvincing cases.

Florian Waldner, Bezirkshauptmann von Murau

Bild: Kevin Geißler

What happens to the confiscated car in the meantime?

"The car also remains impounded during the appeal process," explains Waldner. This is because if the authorities have ordered the confiscation, the person concerned can appeal against this, "but the appeal has no suspensive effect," emphasizes the district chief.

Who auctions off a speeding car?

Waldner: "It doesn't have to be auctioned automatically, the authorities can also sell it." In this case, 70 percent of the proceeds go to the Road Safety Fund and 30 percent to the state.

When can a vehicle not be auctioned or sold?

"If the driver is not the owner." This also applies to rented or leased cars. However, a lifelong driving ban can be entered in the respective vehicle documents.

Raser-Lenker im Interview

„Wegen Todesfall völlig durch den Wind“

At the end of March, a 36-year-old Serbian living in Switzerland was stopped by police officers on the Westautobahn in the direction of Vienna at the Allhaming rest area. The 36-year-old had previously been flashed at 230 km/h - minus the measurement tolerance of 223. The white luxury BMW 530i was confiscated.

The speeding driver was not at a loss for excuses and, in an interview with the newspaper "20 Minuten" in his home country of Switzerland, he made a tearful statement: "I wasn't even aware that I was driving so fast. I was completely out of my mind because of a death in the family."

"Didn't look at the speedometer"
According to his statements, he found out at short notice that his cousin had died in Vienna: "I grew up with him." Together with his wife, brother and sister-in-law, he wanted to get to the Austrian capital as quickly as possible. "I didn't even look at the speedometer anymore," says the man.

A BMW impounded on the highway

(Bild: Dostal Harald)

However, as he had only rented the car from a private individual, it could not be confiscated by order and certainly not sold. It must be handed over to the rightful owner. Sounds like a practical loophole ... 

"It will come to decay"
Murau's district governor Florian Waldner emphasizes that confiscation would make sense in very blatant cases: "It is a good option for general prevention, especially with regard to the many unconvincing cases." And he also believes that vehicles will be declared forfeited in the near future: "Not many, but it will happen."

And otherwise, the 14-day period without a car until the authorities make their decision will probably be enough to rethink driving behavior.