The case had indeed caused discussions within the police, as a payment of up to 1,000 euros was on the table. This maximum amount was set by the State Police Directorate this year in the case of accidents during emergency drives.
The case had indeed caused discussions within the police, as a payment of up to 1,000 euros was on the table. This maximum amount was set by the State Police Directorate this year in the case of accidents during emergency drives.
The "Kurier" reported in July about a ruling of the Supreme Court (OGH) in connection with the accident of an emergency vehicle. According to the ruling from the previous year, one should not enter an intersection at all if the entire traffic situation cannot be overlooked from the stop line.
"The fact that regress claims are made in accidents is not new, but that higher penalties are now also being imposed if the fault cannot be attributed to colleagues," emphasizes Werner Herbert, a freedom-loving police unionist at the AUF. "Emergency drives are thus virtually led ad absurdum."
The chairman of the specialist committee of the Vienna staff representation, Gerhard Zauner, told the APA that each case is examined individually. "We have agreed on this with the Vienna State Police Directorate," says Zauner from the Christian Trade Unionists (FCG) faction in Vienna. Walter Strallhofer of the Social Democratic Trade Unionists (FSG) faction also strikes the same note. "The consideration of the reason for the operation and whether there is really grossly negligent behavior should definitely be taken into account when determining the penalty," says Strallhofer. He also calls for further "sensitization on this topic".
In 2024, according to the police, there were about 700 traffic accidents (property damage and personal injury) with service vehicles. "The mentioned number concerns all service vehicles of the Vienna police, civilian vehicles but also patrol cars," a spokeswoman told the APA. It is also not differentiated here whether it is an emergency or other official trips, it was said. "An actual question of guilt is determined in the respective court or civil law damage settlement procedures." If there is a traffic accident on duty, every officer has legal remedies against the decision of the service authority. This does not seem to have happened in this case, the officer in question is said to have already paid the fine.
Traffic lawyer Matthias Nagler from the ÖAMTC called for a change in the road traffic regulations in this context, "so that intersections can always be entered at walking speed when the light is red and it is necessary to stop if the traffic situation requires it". The legislator could also introduce an (currently non-existent) obligation to use the follow-me horn. "This would be much more beneficial to traffic safety than the existing regulation, as other road users can react better the sooner they can perceive the emergency vehicle, for example through acoustic warning signals," Nagler told the APA. "Emergency services should be able to help people in emergency situations quickly and not be standing with one leg in crime on every emergency drive due to remote legislation and jurisprudence," he criticized.
(APA/Red)
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