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The 63rd German Traffic Court Conference took place in Goslar from 29 to 31 January 2025 and was once again the venue for lively discussions on all aspects of German traffic law.

Even though the topics dealt primarily with German traffic law, they were not uninteresting from a European point of view, as the issues are embedded in European law.

This year's event consisted of eight different working groups that you could join. For example, a working group was formed to discuss a highly topical and media relevant issue - the THC limit that can still be present after cannabis consumption when driving a motor vehicle again.

There has also been a debate about what the police can do during a traffic stop and which measures go too far. Another very exciting civil law issue is survivor's compensation in the sense of § 844 (3) of the German Civil Code (BGB) and the question of whether and to what extent shock damages have to be compensated under civil law. Preparation for a medical-psychological examination following the withdrawal of a driving licence was also discussed. Many people have become self-employed in this context in order to ensure a supposedly safe passage through these tests. Criticism has been raised as to whether these tests are really necessary or whether they are just another way of making money. Other topics discussed were the assessment of motor vehicles, the role of pedestrians in road traffic, criminal law aspects and current problems in the context of rail replacement transport.

The Working Group on Cannabis Use considers it particularly important to address the issue of mixed use. A zero-tolerance limit should be established in the Road Traffic Act.

The working group cites the particularly dangerous and unpredictable interactions of this mixed use as a reason for this. Although the working group would like to distinguish between first-time and repeat offenders, cannabis abuse would still be present if there were additional facts suggesting that in the future no distinction would be made between consumption and driving. In addition, there should be more focus on how consumption and THC levels should be determined. There is a need for rapid development of pre-testing options that exclude suspicion in relation to the various current limits, and for further development of Vision Zero.

The preparatory courses for the medical-psychological examination are proving useful. In the future, it would be useful for driving licence authorities to include the providers of such preparation courses on positive lists and then issue them to those concerned.

In view of the increasing number of road accidents and the resulting claims, claims adjusters are indispensable. The working group dealing with this topic refers to the demands made to the legislator in 1985, 2003 and 2012 for the creation of a professional code of conduct for motor vehicle and road traffic experts, in particular for vehicle damage and valuation. Guideline VDI-MT 5900 Sheet 2 provides a suitable basis for this.

As far as driving tests are concerned, qualified training courses are to be held annually for police officers to enable them to drive more safely.
It remains to be seen which recommendations will actually be implemented. Nevertheless, it should be noted that the Traffic Court Conferences have produced a nice pool of recommendations that tie in with current important issues in traffic law.

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