Red-light violation: Driving ban looms even after lane change at the intersection

A taxi driver can commit a red-light violation, even though he initially entered an intersection on green. This applies when he subsequently changes to a lane within the intersection for which a red light applies at that moment. According to a decision of the Bavarian Supreme Court, it does not decisively depend on whether the driver acts especially cautiously or endangers other road users concretely. The Traffic Law Working Group of the German Bar Association points to the decision with file reference 201 ObOWi 699/25.

Destination changes at the intersection

The starting point of the proceedings was a fine notice against a taxi driver for a qualified red-light violation. Such a violation occurred in the case because the relevant traffic light had already shown red for more than one second.

The driver had initially driven into an intersection on a green left-turn arrow. However, while still in the intersection, the passenger's destination changed. Thereupon the taxi driver switched from the left-turn lane to the right-turn lane. For this lane the traffic light had already been red for more than one second at that time.

District court initially refrains from driving ban

The district court initially handling the case assessed the facts as an atypical exceptional situation. It reduced the fine to 55 euros and waived the one-month driving ban. In doing so, the court took into account that the taxi driver had not actually endangered anyone with his maneuver.

The public prosecutor's office appealed this decision. The Bavarian Supreme Court did not follow the district court's assessment.

Lane-specific traffic-signal regulation decisive

Following the Bavarian Supreme Court's decision, in a multi-lane traffic configuration with direction-specific lanes and its own traffic-signal regulation, even a driver who initially enters the intersection on a green-allowed lane and subsequently switches to a lane closed by a red signal commits a red-light offense.

This also applies if the driver has previously crossed the stop line on the originally released lane and only changes lanes within the protected intersection area.