The other day I saw the following traffic situation: In one motorway construction site, a lane was separated and relocated to the counter lane. There it ran as a single lane. In the situation in question two ambulances with flashing lights and sirens in this lane drove ahead of them a car that could not make room. Can the faster in this situation, that is, the permissible speed exceed, so as not to hinder the rescue vehicles, asks ZEIT ONLINE READER Matthias Morgenstern from Saarwellingen. A mounted speed camera would not detect the ambulance at the same time, so that the evidence of a fine would be very difficult.
It is crucial in such situations, whether the ambulance switched on at the same time the blue flashing light and the emergency horn. Because only then signals significant that all other road users must immediately create free lane. So it is in paragraph 38 (paragraph 1, sentence 2) of the Highway Code (StVO).
In the traffic situation described by the TIME-ONLINE reader, the motorist has no other option to do his duty and clear the way than to accelerate, even at the risk of exceeding the prescribed maximum speed. If there were a check at this point, this offense could not be punished and a fine ordered, says Stefan Herbers, specialist lawyer for traffic law from Oldenburg: "This is a justifiable emergency, but the driver is in the burden of proof."
The story can quickly sound like an excuse. Therefore, the lawyer advises to note the ambulance license plate and the organization of the rescue service. "With a bit of luck, the ambulance was also flashed," says Herbers. "But because you can not be sure, the recorded data will help to prove the mission trip."
And if the ambulance has switched on the flashing lights, but the Einsatzhorn does not? Specialist adviser Herbers recommends still accelerate and make room: "In this case, in principle, no fine is prescribed."