Evading law enforcement while driving will likely become illegal in the near future
In a groundbreaking decision, the City Council in Frankfurt has approved a motion to decriminalize traveling without a ticket on public passenger transport. This move aims to address the issue of disproportionate punishment for individuals who have been without a valid ticket in recent years, as stated by the Rhine-Main Transport Association (RMV).
The municipal transport companies have been instructed to waive the filing of a criminal complaint when using public passenger transport without a ticket. However, it's important to note that 'black riding' (traveling without a ticket) remains prohibited in Frankfurt. According to paragraph 265a of the Criminal Code, fraudulently obtaining transportation with the intention of not paying the fee is punishable with imprisonment of up to one year or a fine.
The increased fare for 'black riding' in Frankfurt is set at 60 euros. The fine will be an 'increased fare' rather than a criminal penalty. This decision is a response to concerns about the large number of proceedings for 'black riding' that burden the courts and public prosecutors' offices.
Wolfgang Siefert, the mobility department head (Greens), welcomes the resolution. He finds it disproportionate for people to go to prison for riding without a valid ticket. Siefert plans to closely monitor tickets in Frankfurt's buses and trains to prevent a 'free ride mentality'.
This decision in Frankfurt follows similar moves in the cities of Mainz and Wiesbaden in the Rhine-Main region, where decriminalization of traveling without a ticket on public passenger transport has been approved for 2023 and 2024, respectively.
However, the criminal offense of 'black riding' is not eliminated with the Frankfurt resolution. It would require amending the Criminal Code to fully decriminalize the practice. The industry association VDV demands that 'black riding' must remain a criminal offense and that clear and deterrent consequences are necessary.
The Rhine-Main Transport Association (RMV) supports uniform rules at all levels and loses around 50 million euros annually due to 'black riding'. Mobility department head Siefert advocates for standardization and a nationwide uniform regulation.
At present, there is no specific publicly available information about the current legal discussion or status regarding the criminal liability of 'Black Riding' in other German cities, including those in the Rhein-Main area. The debate continues as cities grapple with finding a balance between enforcing laws and addressing the issue of disproportionate punishment for minor offenses.
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