Traffic fines · Tailgating

Tailgating in Germany: fines, driving bans and measurement errors

Following too closely is usually measured on video – from motorway bridges or from an unmarked police car. We check whether the recording really supports the allegation.

half speed
rule of thumb: minimum gap in metres outside built-up areas
from €75
plus 1 point above 80 km/h with a gap under 5/10 of half the speed
up to 3 mo.
driving ban above 100 km/h with a gap under 3/10 of half the speed
Contents
  1. What distance German law requires
  2. Fines, points and driving bans for tailgating
  3. How distances are measured
  4. Typical errors in distance measurement
  5. Driving bans for distance offences
  6. How to respond to the allegation

Following too closely is a distance offence (Abstandsverstoß) in Germany. Above 80 km/h it brings a penalty point in Flensburg; above 100 km/h it can also mean a driving ban of up to three months. Distance offences are almost always detected on motorways (Autobahn) and expressways, using video equipment that records traffic over a longer stretch.

A distance measurement needs more analysis than a speed camera, so errors are more likely. Aleksander Sigal, a specialist lawyer for traffic law (Fachanwalt für Verkehrsrecht) in Berlin, advises in English and checks the video, its analysis and the file before you decide whether to appeal.

What distance German law requires

Section 4(1) of the Road Traffic Regulations (StVO) requires a gap large enough for you to stop behind the vehicle in front even if it brakes suddenly. The law does not set a fixed number of metres. Outside built-up areas, the rule of thumb is “half the speedometer”: at 100 km/h keep at least 50 metres, at 130 km/h 65 metres. That is roughly 1.8 seconds.

The catalogue of fines (Bußgeldkatalog) works with fractions of this “half speed” value. “Less than 3/10 of half the speed” at 100 km/h means a gap of under 15 metres – about half a second.

Lorries over 3.5 tonnes and buses must keep at least 50 metres on motorways above 50 km/h (section 4(3) StVO). Deliberately pressuring the driver ahead can also amount to the criminal offence of coercion on the road – then it is no longer just a fine.

Fines, points and driving bans for tailgating

The penalty depends on your speed and the measured gap. Standard penalties for cars as of October 2026 (“pt” = penalty point):

Distance offences above 80 km/h (cars)
Gap less than … of half the speedover 80 km/hover 100 km/hover 130 km/h
5/10€75, 1 pt€75, 1 pt€100, 1 pt
4/10€100, 1 pt€100, 1 pt€180, 1 pt
3/10€160, 1 pt€160, 2 pts, 1-month ban€240, 2 pts, 1-month ban
2/10€240, 1 pt€240, 2 pts, 2-month ban€320, 2 pts, 2-month ban
1/10€320, 1 pt€320, 2 pts, 3-month ban€400, 2 pts, 3-month ban

Up to 80 km/h, a short gap costs €25, with endangerment €30, with property damage €35 – no point. Above 80 km/h, it is also €35 without a point if the gap is too short but still at least a quarter of the speedometer reading.

How distances are measured

Video measurement from bridges

The most common method: cameras on a motorway bridge film approaching traffic over several hundred metres, while another camera records the number plate and driver. Software then calculates speed and distance from the video using markings on the road. A widely used system is called VKS.

Measurement from a following car

Unmarked police cars with video equipment can follow a vehicle and record how it is driven over a longer distance. Here it also matters how reliably the gap between you and the car ahead can be determined from the police car's perspective.

German courts treat the common video methods as standardised measurement procedures: the measurement is assumed to be correct unless specific indications of an error are raised. Finding them in the video and records is the defence's job.

Typical errors in distance measurement

  • Another car cutting in: if a vehicle changes into your lane just ahead of you, the gap shrinks through no fault of yours. Courts therefore require the gap to be too short for more than a fleeting moment.
  • Observation stretch too short: many courts use 250 to 300 metres as a guide for the distance over which the gap must be too short. Others accept shorter stretches with standardised measurement if a lane change can be ruled out.
  • Braking by the car in front: if the vehicle ahead brakes suddenly without reason, the shorter gap cannot simply be held against you.
  • Analysis errors: wrongly placed measuring lines, inaccurate time stamps or mixed-up vehicles change the result. The tolerance deduction must also be applied correctly.
  • Calibration: the equipment must be validly calibrated, the operators trained.
  • Identifying the driver: does the front photo really show you?

The defence can also request material that is not in the case file, such as the complete video sequence and measurement data. The Federal Constitutional Court (Bundesverfassungsgericht) recognised this right of access to information outside the file in principle (order of 12 November 2020 – 2 BvR 1616/18).

Driving bans for distance offences

A standard driving ban applies if you drive faster than 100 km/h and the gap is less than 3/10 of half the speed – one, two or three months depending on the gap. It takes effect when you hand in your licence, at the latest one month after the decision becomes final – or four months if you had no ban in the two years before the offence, so you can choose the start.

A ban also applies with a foreign licence. EU licences of people not resident in Germany are not taken into custody, but you still may not drive in Germany during the ban. In exceptional cases, such as severe professional hardship, the ban can be waived for a higher fine. More on driving bans in Germany.

How to respond to the allegation

  1. Say nothing about the facts. On the hearing letter (Anhörungsbogen) only your personal details are compulsory.
  2. Note the driving situation. Traffic, lane changes, sudden braking – write down what you remember.
  3. Keep to the deadline. You have two weeks from service of a fine notice (Bußgeldbescheid) to object.
  4. Have the video checked. Your lawyer requests the file and the full video sequence; if needed, an expert analyses it.
  5. Clarify costs. Legal expenses insurance with traffic cover usually pays lawyer and expert fees. See fees and legal insurance.

How measurements work for speeding tickets in Germany and how points affect your record in Flensburg is explained on the related pages. All topics are covered in our overview of traffic fines in Germany. Mr Sigal also advises in German and Russian.

FAQ

Quick answers

Answers to the questions we are asked most often on this topic.

How much distance do I have to keep on a German motorway?

The law requires a gap that lets you stop even if the car in front brakes suddenly. The rule of thumb outside built-up areas is half your speed in metres: at 120 km/h that is 60 metres. Fines apply above 80 km/h if the gap is less than 5/10 of that value – at 120 km/h, under 30 metres.

What is the fine for tailgating above 130 km/h?

Above 130 km/h the standard penalties range from €100 and one point (gap under 5/10 of half the speed) up to €400, two points and a three-month driving ban (under 1/10). From a gap under 3/10 it is already €240, two points and a one-month ban. Fees are added.

When does tailgating lead to a driving ban?

The catalogue of fines provides for a standard ban only above 100 km/h with a gap of less than 3/10 of half the speed – one, two or three months depending on the gap. At lower speeds there is a fine and a point but normally no ban.

How is tailgating measured in Germany?

Mostly by video from a motorway bridge: cameras record traffic over several hundred metres and software calculates speed and distance. Unmarked police cars with video equipment are also used. Courts treat the common methods as standardised, so errors have to be shown specifically from the video and measurement records.

What if another car cut in right in front of me?

Then the short gap cannot simply be held against you. Courts require the gap to be too short for more than a fleeting moment and give you time to drop back. Whether the video shows a lane change ahead of you, and how long the gap was too short, can only be established with the complete video sequence.

I got the fine notice in a rental car. Does that change anything?

The hire company is the registered keeper and passes your details to the authority, so the letter may reach you weeks later – sometimes abroad. The deadlines are the same: two weeks from service of a fine notice. The authority must still prove that you were driving. A foreign licence does not protect you from points or a ban in Germany.

Is tailgating a criminal offence in Germany?

An insufficient gap is normally a regulatory offence. But anyone who deliberately drives up close over a longer stretch, flashing lights or sounding the horn to force the driver ahead out of the way, may commit coercion, a criminal offence. Penalties can then include a fine or imprisonment and possibly loss of the licence.

Received a fine notice? You have 2 weeks to appeal.

The deadline runs from the delivery date stamped on the yellow envelope (§ 67 OWiG). If it ends on a weekend or public holiday, it moves to the next working day.

Check my deadline

Contact

Got a fine notice? Let’s talk.

Tell us briefly what happened – calling is fastest. Please have your fine notice, hearing letter or accident report to hand.

+49 30 86 20 12 40
Office
Rechtsanwalt Aleksander Sigal
Wittelsbacherstr. 21
10707 Berlin-Wilmersdorf, Germany
Plan your route
Fax
+49 30 86 20 12 45
Languages
English · Deutsch · Русский
Appointments
by arrangement, including at short notice and outside office hours

We reply in English, German or Russian.

Send an enquiry

Fields marked * are required.

How should we get back to you? *
Please give your phone number or email address for this. One of the two is enough.
PDF or photo, max. 10 MB

A mandate only comes into being once we expressly confirm it. Sending this enquiry does not preserve any deadline. If a deadline is about to expire, please call us: +49 30 86 20 12 40.