OWiG administrative offenses repealed - pay the ticket or not?

OWiG Administrative Offenses - Paying a Ticket? You can—but you don't have to!

Many drivers are familiar with the situation: A short parking stop without a parking ticket, and a ticket appears on their windshield. But is this demand for payment legally binding? Or is it merely an attempt to impose fines that, in fact, have no legal basis?

The clear answer: Many of these tickets are not legally binding and do not have to be paid. We explain in detail why this is the case.

1. The validity of the OWiG Act

The Administrative Offenses Act (OWiG) forms the basis for many fines. However, there is a crucial problem: The OWiG only applies to ships and aircraft flying the federal flag. According to Section 5 of the OWiG, administrative offenses may only be punished on these ships and aircraft, not on German roads . Nevertheless, authorities invoke this law – even though it does not apply to mainland traffic.

2. The law has not been valid since 2007

Another key point: The Introductory Act to the Administrative Offenses Act (OWiG) was repealed in 2007 with the Federal Reconciliation Acts . Without the Introductory Act, the Administrative Offenses Act (OWiG) is no longer legally applicable. Nevertheless, tickets and fines continue to be issued, despite the lack of a legal basis.

It's comparable to a lamp without a switch—if the switch is missing, the lamp can no longer be turned on. The same applies to the OWiG: Without an introductory law, there is no legal basis for administrative offenses.

3. Lack of a legally binding signature in the notice

According to Section 126 of the German Civil Code (BGB), an administrative act must be signed by hand to be legally binding. However, many tickets contain only initials or are machine-generated, rendering them invalid.

Section 125 of the German Civil Code (BGB) also states: "A document without a prescribed form is void." Without a valid signature, the ticket is therefore legally invalid.

4. Official status and personal liability

A civil servant issuing an administrative act must provide identification. According to Section 36 of the Civil Service Status Act, civil servants are personally liable for their actions. Many civil servants therefore avoid signing to avoid personal liability.

However, without clear official status, issuing a ticket is questionable. A simple official ID card is not sufficient to identify oneself as an official; a valid official ID card must be presented.

5. Typical tricks of the authorities

To create the appearance of a valid administrative act, authorities use various tricks:

✅ Initials instead of signatures : A circle or an abbreviation does not replace a legally binding signature.

✅ Machine-generated letters : The statement "machine-generated and valid without signature" is misleading.

✅ "On behalf of" (iA) instead of "In representation" (iV) : Anyone who signs with "iA" is not personally liable, while "iV" means personal responsibility.

If a handwritten signature is missing, the fine notice is invalid.

6. The sovereignty of the Federal Republic of Germany

Many believe that the Federal Republic of Germany is a completely sovereign state. In fact, however, the sovereignty of the Federal Republic of Germany is disputed. The Administrative Offenses Act was abolished in 2007, but German authorities continue to apply it.

Another clue: There is no official founding charter of the Federal Republic of Germany or its federal states. This raises the question of whether the current administrations are actually authorized to issue administrative acts such as parking tickets.

Do you really have to pay parking tickets?

✅ The OWiG does not apply to road traffic

✅ Since 2007 there has been no legal basis for fines under the OWiG

✅ Tickets without a legally binding signature are invalid

✅ Officials must properly identify themselves

✅ Many fines are therefore not legally tenable

Anyone who receives a ticket should examine it carefully. These fines are often not legally binding and can be appealed.

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