If a traffic light switches from green to yellow, there are often only a few seconds to decide whether to brake or accelerate. According to ARAG experts, misjudgment often leads to the vehicle rolling through the intersection on red. Those caught by a speed camera should expect significant penalties. However, not every red-light violation is the same. According to experts, the details such as the duration of the red phase or whether other road users were endangered are decisive.
What applies in the case of a red-light violation?
In Germany, running a red light is considered a serious traffic violation. The legislator makes a clear distinction between a so-called simple and a qualified red-light violation. According to ARAG experts, the decisive factor is how long the light had been red when crossing the stop line. The consequences of the violation, such as endangering others or an accident, also play a role in the assessment.
Simple or qualified?
A simple red-light violation occurs if the light was red for less than a second when crossing the stop line. In this case, a fine is usually imposed and there is one point in Flensburg. It becomes
significantly more expensive if other road users are concretely endangered by the wrongdoing. Then, not only does the fine increase significantly, but two points and a one-month driving ban are also imminent. If there is additional property damage, the fine can increase again.
If the light was red for more than a second in the case of a qualified red-light violation, in addition to a fine, two points in Flensburg and a one-month driving ban are the rule, according to legal experts.
Driver's license on probation?
For novice drivers on probation, there are even stricter rules. A red-light violation is classified as an A violation. As a consequence, the probationary period automatically extends from two to four years. Additionally, participation in a mandatory paid refresher seminar is ordered. Those who refuse to attend this seminar also risk having their driver's license revoked, according to experts. However, a medical-psychological examination, commonly known as the "idiot test," is generally not required in this context.Cycling through red lights
Running a red light on a bicycle is not a harmless offense either. Cyclists can expect one point in Flensburg and a fine, which is at least in the
mid-double-digit range. In certain cases, however, a seemingly clear violation may be assessed differently legally, according to ARAG legal experts. For example, the Hamburg Regional Court acquitted a cyclist who ran a red light after waiting for more than five minutes. She assumed the light was defective because it did not change. In fact, the system was not activated by her bicycle because the loop detector under the road did not respond to her vehicle. Therefore, the court found no intentional or negligent behavior and overturned the fine notice (Ref: 5 ORbs 25/23).
Pedestrian traffic light does not relieve duty of care
An automobile driver in another case did not escape punishment. As he drove onto the street from the supermarket parking lot, he ignored a vehicle coming from the right, leading to a collision. According to the driver, the pedestrian traffic light, located on the right side of the street, was green for pedestrians and thus red for vehicles. He trusted that drivers would comply with traffic rules and stop at red. However, the judges held a different view. The pedestrian traffic light was not applicable to traffic from the supermarket parking lot,
according to their ruling. Therefore, an increased duty of care (Paragraph 10, Road Traffic Regulations) continued to apply when exiting the parking lot. The driver was denied any claim for damages (Schleswig-Holstein Higher Regional Court, Ref: 7 U 63/22).How is a red-light violation proven?
Many speed cameras at traffic lights work with two trigger points: one photo is taken when crossing the stop line and a second photo when entering the danger zone behind the light. The duration of the red phase is recorded and documented in fractions of a second. Whether it is a simple or qualified violation depends precisely on this, according to legal experts.Filing an objection?
If you have doubts about a measurement, you should take a close look at the evidence, especially the photos and technical data, within the framework of an inspection of records, recommend ARAG experts. Particularly with short red phases or difficult-to-see traffic lights, an objection can sometimes be worthwhile. However, it depends on the specific circumstances: Was the traffic light clearly visible? How long was the red phase? Was there endangerment of others? Answers to these questions could then decide the outcome of a potential case.
