Last weekend, motorway police in Montabaur, Germany, responsible for monitoring the A3 and A48 junction area, specifically targeted lorries in their checks.
According to the police report, eleven vehicles were found driving despite the All Saints’ Day public holiday (1 November) and the following Sunday, both subject to Germany’s Sunday and holiday driving ban.
In nine of those cases, proceedings were also initiated against the owners or haulage firms. However, one important measure was not applied this time: a profit recovery procedure could not be enforced because All Saints’ Day is not a nationwide public holiday. This distinction is legally crucial, and economically significant for transport companies.
Profit recovery vs. fine: what’s the difference?
If a company operates lorries on a day covered by the driving ban, fines are to be expected, that much is clear. However, on nationwide public holidays, an additional profit recovery procedure may be launched. This determines the economic advantage the company gained from the unauthorised trip, which must then be repaid.
On 1 November, though, this was not possible, as the driving ban only applied in certain federal states, including Rhineland-Palatinate, North Rhine-Westphalia and Saarland. Without a uniform national regulation, there is no legal basis for nationwide profit recovery.
What companies should note
The case illustrates that while fines are still due, additional financial penalties, such as profit recovery, may not apply if the relevant holiday is not recognised across all of Germany. For haulage companies, especially those running interstate or cross-border operations, this means:
Holiday and route planning must be handled with precision. A public holiday in one federal state may trigger a driving ban, while in another it may not, directly affecting both the legal and financial consequences.
Other offences recorded over the weekend
In addition to the driving-ban violations, officers also reported further offences: one van was found to be heavily overloaded, another driver was caught under the influence of drugs, and one lorry driver registered a blood alcohol level of 3.75‰. Police stressed the importance of targeted inspections, particularly on weekends with higher traffic volumes and driving restrictions for HGVs.
