Crash with flashing blue lights

Accident on duty: police officer is asked to pay

The Viennese police officer who allegedly disregarded the red light during an emergency drive on the Gürtel this spring and caused a crash will be asked to pay. The provincial police directorate only stated that "in 2024, a disciplinary penalty in the three-digit range" was imposed on a member of the executive in this connection. This is likely to be the officer in question.

The case had certainly caused discussion within the police force, as a payment of up to 1,000 euros had been mooted. This maximum amount was set by the provincial police directorate this year in the event of accidents during emergency journeys.

New basis for emergency journeys after Supreme Court ruling
In July, the "Kurier" reported on a ruling by the Supreme Court (OGH) in connection with an accident involving a blue light vehicle. According to the ruling from the previous year, it is not permitted to enter a junction at all if the entire traffic situation cannot be seen from the stop line.

"The fact that recourse claims are made in the event of accidents is nothing new, but that higher penalties are now also being imposed if the fault is not attributable to colleagues," emphasizes Werner Herbert, a police unionist from the AUF. "This makes driving on duty almost absurd."

Staff representative calls for training
Gerhard Zauner, Chairman of the Vienna Staff Representative Committee, explained that each case is examined individually. "We have agreed this with the Vienna Provincial Police Directorate," said Zauner from the Christian Trade Unionists' Group (FCG) in Vienna. Walter Strallhofer from the Social Democratic Trade Unionist Group (FSG) agrees. "Consideration of the reason for the deployment and whether there really is grossly negligent behavior should definitely be taken into account when determining the level of punishment," says Strallhofer. He also calls for training to further "raise awareness of this issue".

Officer is said to have already paid the fine
According to the police, there were around 700 traffic accidents (property damage and personal injury) involving official vehicles in 2024. "This figure relates to all Vienna Police service vehicles, civilian vehicles and patrol cars," said a spokesperson. It is also not differentiated here whether it concerns operational or other official journeys, it said. "An actual question of fault is determined in the respective court or civil law damage settlement proceedings."

If a traffic accident occurs on duty, every civil servant has the right to appeal against the decision of the official authority. This is unlikely to have happened in this case, as the civil servant concerned is said to have already paid the fine.

ÖAMTC lawyer criticizes legal situation
In this context, traffic lawyer Matthias Nagler from the ÖAMTC spoke out in favor of amending the road traffic regulations "so that it is always permitted to enter intersections at walking speed when the light is red and, if necessary, to stop if the traffic situation requires it". The legislator could also introduce a (currently non-existent) obligation to activate the following horn.

 "This would be much more conducive to road safety than the existing regulation, as other road users react better the earlier they can hear the emergency vehicle, for example through acoustic warning signals," said Nagler. "Emergency services should be able to help people quickly in emergency situations and not have one foot in crime every time they drive to an emergency due to impractical legislation and case law," he criticized.