Environmental zones: Higher penalties for SUV drivers?

SUVs are becoming increasingly popular. With an increase of 600,000 compared to the previous year, approximately 4.8 million SUVs were registered in Germany at the beginning of 2022. Despite concerns about the environmental impact of this type of vehicle, every fifth car buyer opts for it. However, SUV drivers could soon face higher penalties.

SUV models pose a higher operating risk than other cars. The blame lies with the "boxy design and the greater ground clearance of the raised front section", according to a ruling by the Frankfurt district court. The design features of the car lead to a higher risk of injury to the detriment of other road users with an SUV. This is how the district court justified its decision of 3 June 2022 (case number: 974 OWi 533 Js-OWi 18474/22) to impose higher penalties in the case of offences against the road traffic regulations by sport utility vehicles.  

At present, however, the decision, which is still non-binding, only concerns one concrete case, namely a red light violation in Frankfurt am Main. In this case, a woman with her SUV had entered the intersection 1.1 seconds after the start of the red phase. The driver had also not paid attention to the three-second yellow light phase. A fine of 200 euros was imposed for such an offence. In the course of the fine proceedings, however, the judges decided not to impose the usual fine, but kept it more liberal within the framework laid down in the catalogue of fines and increased the amount of the fine to 350 euros. The driver was also given two points and a one-month driving ban.  

The move was primarily justified in the context of the driver's previous traffic offences. In 2020, she had already been caught speeding and using a mobile phone at the wheel. However, a significant role was also attributed to the possible increased risk of accidents. Such an offence with the SUV was "more serious than the normal case", according to the court. This was not only explained by the higher weight that SUVs weigh in comparison to vehicles of other classes, but also the risk of collision increased due to the construction-related impairment of all-round visibility, for example through wider A-pillars or high bonnets.  

If the decision of the Frankfurt court is to be legally binding, it could lead to important changes in the interpretation of the catalogue of fines. Accordingly, environmental zones and their regulations could also be affected. Indeed, it could also be argued that vehicles that pollute the air more and thus cause more lung diseases should pay more fines in low emission zones. Higher fines based on the pollutant emissions caused could therefore await SUV drivers - as well as those who, for example, also drive a truck or diesel car.  

From a legal point of view, however, the application of such a principle remains difficult. Even the red light violation in Hesse has already led to controversy. Arbitrary and constitutionally questionable is the setting of a higher fine, which is primarily based on the type of vehicle. This was the opinion of lawyer and legal scholar Prof. Dr. Thomas Fischer. According to the then presiding judge of the 2nd Criminal Senate at the Federal Supreme Court, differentiating fines only according to the type of vehicle would be "grossly contrary to equality" in the case of an abstract dangerous traffic offence. In view of the neglect of a majority of factors that also determine the dangerousness in the case of violations, such a judicial decision would be "evidently inexpedient".  

If the legal aspects were to be clarified, a differentiated determination of fines could not mean increased road safety, but also a balanced distribution of drivers' responsibility. Those who run a red light and pose a greater danger to passers-by would pay a higher price. The same would then apply to violations in low emission zones, where the most polluting vehicles would be fined more.  

For this to work, however, it would not be enough to rely on the single principle of car type. A future solution could be a broader catalogue of fines that includes several parameters, such as engine capacity, weight and emissions.