Court Ruling

Failed to Call ÖAMTC: 130 Euro Fine for Driver

The man from Vorarlberg should have called a towing service.(Bild: Pressefoto Scharinger/Daniel Scharinger)

A driver from Vorarlberg had broken down on a state highway. Instead of calling roadside assistance, he arranged for help on his own. According to the State Administrative Court, this was against the law: The man should have had the car towed as quickly as possible. 

Many people would likely have done exactly the same thing: Last January, a driver was traveling on a Vorarlberg state road when his car’s engine suddenly stalled. He then pulled the car over to the side of the road and hitchhiked to his nearby workplace. There, he waited a quarter of an hour for a coworker who was supposed to help him with the repair. Because he expected to receive expert assistance, he deliberately did not contact a professional roadside assistance service.

Charges and Appeal in Court
The police eventually filed a report against the man for failing to remove the car from the road quickly enough. The district administration imposed an administrative fine, against which the driver filed an appeal with the Provincial Administrative Court (LVwG). In court, he again stated that he had deliberately chosen not to call the ÖAMTC. In his experience, a repair with his employee took less time.

Court: Self-help Was Not Enough
However, the court did not accept the man’s argument. According to the ruling, the driver failed to ensure the “promptest possible removal of the vehicle,” as required by law. The judges also criticized him for simply waiting for his employee without first contacting him to explain the urgency of the situation. His efforts were therefore deemed “insufficient” to meet the legal requirements.

130-Euro Fine Is Final
The LVwG upheld the fine imposed by the authorities. The driver must now pay 130 euros. The total consists of three components: 50 euros because he left the key in the ignition, allowing an unauthorized person to drive the car away. Another 40 euros for failing to secure the vehicle properly, and 40 euros for court costs. The decision is final and cannot be appealed.