2 SsRs 220/09). Bone of contention is the above-cited article 2 par. 3 of the road traffic regulations (StVO). According to the Oldenburg judge, whose wording violates the clarity requirements. In other words: the driver of a car can’t see what demands the road traffic regulations by him. “Because it does not provide details under what weather conditions” which tires as suitable tyres “shall apply. For this reason, it is unconstitutional to prosecute motorists due to unsuitable tyres with fines of 20 euro or 40 euro and a penalty point in Flensburg for the OLG Oldenburg.
Then Transport Minister Peter Ramsauer had inspected the constitutionality of the regulations paragraphs the experts at the Federal Ministry of Justice and the Federal Ministry of the Interior. If the Federal Ministry of transport now wants to refrain from fines and penalties, the experts from the two other federal ministries seem at least tend to vote for the ruling of the OLG Oldenburg, what the technical errors in the formulation of this Paragraphs of the regulations again underscores,”commented by pilot Collin Scholz: project. Although the Transport Ministers Conference will in October are also concerned with this topic, but the decision is clear from the draft: the transport ministers from the countries will only recommend Transport Minister Ramsauer, to eliminate legal uncertainties and to undertake a clarification of the regulations, as soon as the EU have clarified the type of winter tires. This will be the case with the introduction of the so-called snow fibre or alpine icon in the year 2012. Then Federal and State Governments will have to deal again paragraph 3a 2. Nothing in the way would be the introduction of a compulsory winter tires then at least formal and legal reasons.